Delivering visa services for Australia - DIBP REOI 22/17-B1 · 2018-11-19 · DELIVERING VISA...

Department of Immigration and Border Protection

Request for Expression of Interest – DIBP REOI 22/17-B1

REQUEST FOR EXPRESSION OF INTEREST

FOR

DELIVERING VISA SERVICES FOR AUSTRALIA – BUNDLE 1

DIBP REOI 22/17-B1

PART 1 – REOI DETAILS



PART 1. REOI DETAILS

REOI Detail Details

Number DIBP REOI 22/17-B1

Closing Time 14:00 pm on 27 October 2017 (local time in Canberra, Australian Capital Territory).

Contact Officer Name: Visa Services Procurement Team

Email: [email protected]

Description of the Services

The Department invites Expressions of Interest from suitably qualified persons, organisations and consortia to deliver Visa services for Australia as set out in the Statement of Requirement (the Services).

This REOI is the first stage in a multi-stage procurement process for the Services that will underpin a fundamental transformation of Australia’s Visa system and how it is promoted and delivered around the world. The purpose of this transformation is to pursue the Government’s priorities of a strong economy, strong national security and a prosperous and cohesive society. The Department is seeking innovative solutions to help design, implement and operate a new Visa business based upon a sustainable and innovative service delivery model that transforms the way in which Australia interacts with Visa Applicants and Visa holders. This is a once-in-a-generation opportunity for the market to co-design Australia’s Visa business to support Australia to attract travellers and migrants and meet its international obligations.

The Department is seeking a partnership that will help to enhance Australia’s competitiveness by enriching the Client experience and service levels. This will require a future business model that can potentially join together a range of commercial value added services and broader government services with the Visa Application and decision making process.

The Department envisages that by leveraging the capability available in the market it can improve the quality and efficiency of services for Visa Applicants and bring a range of value added services to them. However, the Department will retain sovereign functions, including policy functions, Visa decision making and security checks.

This is a transformational reform programme that is being led by the Department’s current Visa business. While Bundle 1 includes a major ICT component, Respondents will need to demonstrate the ability to deliver the future business and to support these outcomes by attracting people to Australia while further strengthening Visa decision-making. This requires a Global Digital Platform (GDP) that has both a strong business component and a world-class digital platform.



REOI Detail Details

This process follows on from the Market Consultation: Delivering Visa Services for Australia completed in July 2017.

The aim of this REOI is to:

1.0.1. gather information to be used to inform Government decisions;

1.0.2. test the interest and capabilities of Respondents to partner with the Department in a long-term commercial arrangement to provide the Services, including to design, implement and operate the GDP, and offer associated value added services to users;

1.0.3. develop and refine detailed requirements for the Services and inform a proposed Request for Tender or other procurement process, subject to Government funding approval and the passage of any necessary legislative amendments; and

1.0.4. identify potential Respondents to Short List for a subsequent Request for Tender process (if any).

The Department expects the GDP to be capable of delivering all visa classes. Bundle 1 includes a digital business solution that is enabled by the GDP and supporting systems that drive the end-to-end processing and workflow of the visa and citizenship business, including lodgement, assessment and rule-based decision making on Visa applications. The Department will commence delivery of Visas through the GDP with Shorter term validity Visa classes.

The Department will at the time a decision is made to procure the longer-term validity Visa products: either,

a. as its preferred approach, exercise its option with the successful provider to extend the scope of the GDP and business model; or

b. not exercise its option with the successful provider and approach the open market for the extension of the scope of the GDP and business model for longer-term validity Visa products. It would be open to the successful provider of short-term validity Visa products to provide a competitive bid for those services as well.

The Services will support the Government’s priorities of:

a. a strong economy – including by supporting economic growth in key Australian industries through skilled migration, tourism and international education;



REOI Detail Details

b. strong national security – including by ensuring every Visa Applicant can be efficiently identified and assessed using modern technologies; and

c. a prosperous and cohesive society – by promoting Australia as a destination of choice for migrants and visitors and enhancing public trust in border management by ensuring Visa holders uphold Australian values.

The Services will achieve the following objectives:

a. improved Decision and assessment quality and consistency;

b. improved user experience for Clients (including through value added services), Departmental staff and market providers;

c. enhancement of Australia’s international competitiveness and attractiveness while improving financial outcomes of the Visa business for Government;

d. implementation of the new delivery arrangements as fast as possible with minimum delivery risk;

e. facilitation of the simplification of Australia’s Visa framework; and

f. provision of flexibility to implement future Visa policy changes quickly and efficiently.

Further details of the Services are set out in Part 3 (Statement of Requirement).

Structure of REOI This REOI is structured as follows:

1.0. Part 1 – REOI Details;

1.1. Part 2 – Overview of Immigration reform;

1.2. Part 3 – Statement of Requirements;

1.3. Part 4 – Overview of REOI process;

1.4. Part 5 – Evaluation;

1.5. Part 6 – Terms and Conditions;

1.6. Part 7 – Response Forms; and

1.7. Attachments, comprising:

1.7.1. Attachment A – Acronyms and Glossary;

1.7.2. Attachment B – Further Material Registration Form;

1.7.3. Attachment C – Participation Deed;



REOI Detail Details

1.7.4. Attachment D – Overview of the Current State and Case Studies;

1.7.5. Attachment E – References; and

1.7.6. Attachment F – Response Template for REOI Pricing Model.

Indicative Timetable

Issue REOI: 22 September 2017

Deadline for registration for Industry Briefing (Part 6, clause 3.1.4): 3 Business Days prior to the Industry Briefing.

Industry Briefings: to be advised on AusTender.

Deadline for Submission of Respondents’ Questions (Part 6, clause 10.3.1(c)): 14:00 on 20 October 2017 (local time in Canberra, Australian Capital Territory).

Deadline for submitting a request for access to the Data Room: 5 Business Days before the Closing Time.

Evaluation process period: commencing end October 2017 for participation in Scenario Based Design and Evaluation to be completed in January 2018 for Short Listing into Co-design. Co-design would be conducted between February to June 2018.

This timetable is indicative only. The Department may vary the timeframes at its sole discretion.



REOI Detail Details

Intended outcome of the REOI process

(Part 6, Terms and Conditions clause 3.0, Part 4, Overview of REOI process)

This REOI is the first stage in a multi-stage procurement process for the Services.

Subject to Government approval, the Department intends to Short List Respondents to participate in further stages of the REOI process and any subsequent Request for Tender (see Part 6, Terms and Conditions clause 3.0 – Multi-Stage Procurement process for further information).

In conducting this REOI, the Department is seeking an outcome that will:

a) provide information to be used to inform future Government decisions;

b) facilitate participation of Short Listed Respondents in Scenario Based Design and Evaluation;

c) facilitate participation of Short Listed Respondents in co-designing the Services with the Department in Co-design;

d) identify potential suppliers capable of providing the Services; e) inform and refine detailed requirements for the future business to

be used in any subsequent prequalified Request for Tender process; and

f) allow Respondents sufficient time to understand the Department's requirements and establish the commercial arrangements they consider necessary to have the capacity and capability to provide the Services.

Department Contribution

(Attachment C, Participation Deed, clause 3.2)

If the Respondent is invited by the Department to participate in Phase 2: Co-design, the Department has agreed to make payments to the Respondent up to $1,000,000.00 (GST exclusive).

Industry Briefing

(Part 6, Terms and Conditions, clause 3.1)

Details of the Industry Briefing in Australia and overseas will be advised on AusTender:

a) participation at the Industry Briefing is voluntary, and is not a Condition for Participation or otherwise mandatory;

b) pre-registration for an Industry Briefing is compulsory for Respondents who wish to attend an Industry Briefing; and

c) the registration closing time for Industry Briefing is 3 Business Days prior to the Industry Briefing.

(See Part 6, Terms and Conditions, clause 3.1 for further information in relation to the Industry Briefing)

Respondents who wish to attend the Industry Briefing must sign a Deed of Confidentiality prior to the commencement of the Industry Briefing, substantially in the form set out in Attachment B - Further Material Registration Form.

Data Room and further materials

The Department may make further information, data and/or materials available to Respondents in the Data Room.



REOI Detail Details


Data Room:

a) pre-registration for the Data Room is compulsory for Respondents who wish to access the Data Room;

b) access to the Data Room is not compulsory for Respondents to submit an EOI; and

c) the deadline for submitting a request for access to the Data Room is 5 Business Days before the Closing Time.

(See Part 6, Terms and Conditions, clause 6.0 for further information in relation to the Data Room and provision of other materials)

Respondents who wish to access the Data Room must sign a Deed of Confidentiality prior to receiving access to to the Data Room, substantially in the form set out in Attachment B - Further Material Registration Form.

Conditions for Participation


1. The Respondent must not have had any judicial decisions against it (excluding decisions under appeal) relating to employee entitlements and have not paid the claim;

2. The Respondent, its personnel, and any subcontractors proposed in the EOI must not, at the Closing Time, be listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth); and

3. The Respondent (and any subcontractor proposed in its EOI) must not be named in the consolidated list referred to in Regulation 40 of the Charter of United Nations (Dealing with Assets) Regulations 2008 (Cth).

Subject to Part 6, Terms and Conditions, clause 6.4.2, Respondents that do not meet one or more of the Conditions for Participation will be excluded from further consideration.

(See Part 6, Terms and Conditions, clause 15.0 for further information in relation to the Conditions for Participation)

Minimum Content and Format Requirements

(Part 6, Terms and Conditions clause 15.1)

1. The Respondent must provide as part of its EOI a copy of the Respondent’s Details substantially in the form provided in Form 1A to Part 7 – REOI Response Form;

2. The Respondent must provide as part of its EOI a completed and signed Respondent’s Deed substantially in the form provided in Form 1C to Part 7 – REOI Response Form;

3. If the Respondent's proposed solution involves Building Work, Respondents must submit a substantially completed 'Declaration of Compliance', substantially in the form of Form 7 to Part 7 - REOI Response Form);

4. The EOI must be written in English; and

5. Measurements in the EOI must be expressed in Australian legal units of measurement.



REOI Detail Details

Subject to Part 6, Terms and Conditions, clause 6.4.2, Respondents that do not meet one or more of the Minimum Content and Format Requirements will be excluded from further consideration.

(See Part 6, Terms and Conditions, clause 15.1 for further information in relation to the Minimum Content and Format Requirements)

Evaluation process, Evaluation Criteria and stages

As set out in Part 5 – Evaluation.


Request for Expression of Interest – DIBP REOI 22/17-B1 Page 1


FOR


DIBP REOI 22/17-B1

PART 2 – OVERVIEW OF IMMIGRATION REFORM



Contents 1. Overview of the Department of Immigration and Border Protection ............................................ 3

2. Overview of Visa Business ............................................................................................................. 4

3. The Need for Change ...................................................................................................................... 5

4. Overview of the Target State .......................................................................................................... 7

5. Towards the Target State .............................................................................................................. 10



PART 2. OVERVIEW OF IMMIGRATION REFORM

1. Overview of the Department of Immigration and Border Protection

1.1. The Department of Immigration and Border Protection

1.1.1. The Department exists to protect Australia’s border and manage the movement of people and goods across it. The Department is responsible for the development and implementation of immigration and customs border policy. It facilitates trade, travel and migration for Australia’s benefit, contributing to Australia’s national security, economic prosperity and cohesive multicultural society.

1.1.2. Australia is one of the most successful multicultural countries in the world as a result of the meaningful integration of new migrants, promotion of acceptance of diversity and social cohesion among the broader Australian community.

1.1.3. Australia's migration programme does not discriminate on the basis of race or religion. Anyone from any country can apply to migrate, regardless of their ethnic origin, gender or other characteristic, provided they meet the criteria set out in law and policy.

1.1.4. To manage the Australian border, the Department implements Australia’s universal Visa system, under which all non-citizens require a valid Visa to come to Australia. The types of Visas granted by the Department range from simple temporary entry tourist Visas through to longer-term migration Visas requiring complex assessment over time. The Department also confers citizenship on eligible applicants.

1.1.5. There are also a range of other activities the Department undertakes that have a dependency on Visas, for example, verification of Visa status at the border and for compliance purposes for people in the Australian community.

1.1.6. The Department promotes and advances Australia’s economic prosperity and social cohesion by facilitating legitimate trade, travel and migration. At the same time, the Department supports Australia’s national security by detecting, deterring and intercepting those who seek to breach the border.

1.1.7. The Government has announced the establishment of a Home Affairs portfolio to restructure and strengthen Australia’s intelligence community that incorporates the Department. The Department expects the Immigration Reform agenda to continue within Home Affairs.

1.1.8. Australia, and therefore the Department, is operating in a highly competitive international environment as it seeks to attract travellers, traders, students, skilled migrants and business people.

1.1.9. The Department is a large scale, high tempo operation. In 2016-17, the Department:

a. granted over 8.5 million Temporary Visas;

b. managed 2.5 million Client interactions, inclusive of call centre enquiries;

c. delivered up to 190,000 places as part of the permanent migration programme;

d. conferred Australian citizenship on approximately 140,000 people;

e. processed more than 40 million international air and sea travellers;



f. inspected over 100,000 (out of approximately 2 million) twenty-foot equivalent unit sea cargo containers coming into Australia;

g. inspected 2 million out of 36 million inbound air cargo consignments; and

h. inspected around 50 million items of mail.

2. Overview of Visa Business

2.0. The visa business

2.0.1. Australia’s Visa programme has evolved into a high-volume and transactional business that supports the economy by facilitating the flow of millions of visitors, students, workers, family members and humanitarian entrants to and from Australia, and leads to conferral of Australian citizenship upon hundreds of thousands of people.

2.0.2. The global Visa business operates 24/7 with a multi-lingual user base and requires 24/7 system support and live data feeds to inform global traveller clearance in real time. The Government continues to look for opportunities to make Visa products and Visa and citizenship services simple, clear and fast.

2.0.3. Immigration is a principal contributor to skilled labour supply in Australia. Access to skilled labour that is not available in Australia assists industries to remain productive and competitive.

2.0.4. There are broadly two types of Visas:

a. higher volume, generally simpler, Temporary Entry Visas; and

b. lower volume, longer-term validity migration Visas, generally requiring more complex assessment.

2.0.5. In 2016-17 the Department received approximately 8.7 million visa applications. An outline of Temporary Visa volumes is at Figure 1.

Figure 1: Summary of temporary visa application volumes from FY13-14 to FY16-17

a. This volume is projected to grow by approximately 50 per cent to over 13 million Visa Applications by 2026-27.1 Currently there are classes of Visa Applicants who are not subject to a Visa Application Charge (VAC), including New Zealanders.

1 A more detailed breakdown of the volume of temporary visa applications by location will be available in the data room.



b. Implementing the universal Visa requirement currently involves approximately 6,000 Departmental staff. Approximately half of these staff are directly involved in Visa processing and Decision making.

c. Approximately two-thirds of the processing staff work in Australia; the remaining third are stationed overseas. The delivery effort, domestic and international, is supported by corporate and enabling resources such as human resource and information communication technology teams.

d. The Department receives significant volumes of personal data when processing and assessing Visa Applications and citizenship applications. The Department places a high priority on data security and the handling of personal information throughout the collection, verification and assessment process, in line with the Privacy Act 1988 (Cth), including the Australian Privacy Principles set out in that Act.

2.1. Current State of Market Delivery

2.1.1. The market currently delivers substantially end-to-end processing functions for one Visa product through a provider who administers the Electronic Travel Authority for eligible travellers.

2.1.2. Service delivery partners currently deliver approximately 20 per cent of the Visa business. Visa Applicants pay market providers directly for services such as health checks, biometrics collection and lodgement support services. Fees for these services vary and are in addition to a VAC, levied upon the majority of Visa Applicants, which is directly payable to the Commonwealth. Currently these arrangements support paper based applications processes.

3. The Need for Change

3.0. External Influences

3.0.1. In the rapidly changing global operating environment, the Department is dealing with multiple challenges. These include globalisation, the mass mobility of growing middle classes in emerging economies, evolving threats that cross geographical boundaries and increased public expectation for digital government services.

3.0.2. At the same time, the increased people and trade flows are improving economic opportunities and national prosperity as travellers make significant economic and social contributions to Australia.

3.0.3. This environment is leading to rapidly increasing volumes of Visa Applications, compelling the Department to prioritise requirements for more sophisticated risk assessment, and to deliver visa and citizenship services that are more internationally competitive, efficient and user-focused.

3.0.4. The Department’s incorporation within the Home Affairs portfolio will strengthen the ability to effectively respond to these challenges.

3.0.5. However, managing these priorities without significantly increasing costs to the taxpayer, requires the Department to increase the level of market-provided automated services to support its high-volume transactional business. This will also



enable the Department’s staff to focus on the more complex elements of the Visa and citizenship business.

3.1. Internal Influences

3.1.1. Currently, the Department manages digital Visa processing through a suite of ICT systems that have been developed over almost 30 years. They reflect the complexity of the current Visa framework with dozens of systems and sources of data regularly used in Visa processing.

3.1.2. The two core Visa processing platforms are:

a. The Immigration Records Information System (IRIS) that was deployed in 1989 as the Department’s overseas Visa processing system, and is still primarily used for the processing of paper Visa Applications lodged overseas; and

b. The Immigration and Citizenship Unified Environment (ICUE) which is gradually replacing IRIS. This platform encompasses a number of technologies and systems and supports online lodgement of Visa Applications through the Department’s online system ImmiAccount.

3.1.3. Both platforms are supported by other Departmental enterprise capabilities such as risk, identity, biometric, financial, and record keeping systems in order to support the end-to-end process of lodging and assessing a Visa Application or citizenship application.

3.1.4. Current operations rely heavily on manual processing as a significant proportion of Visa Applications lodged use paper forms. This also includes exchanges of information between agencies. There is therefore a critical nexus between the number of Visa Applications received and the number of staff required to process them, which the Department seeks to overcome.

3.1.5. A transformation of business processes and enabling ICT is essential to substantially expand automation of processing and Decision making to achieve the efficiency required to manage increasing Visa Application volumes without substantially increasing staff.

3.1.6. The Department requires ICT systems that support and adapt to business needs in a timely and cost effective manner and respond to stakeholder and Government expectations and policy changes quickly and effectively. The Department also requires capacity to redesign business processes end-to-end or across multiple business lines and to digitise and automate processing.

3.2. The Path Forward

3.2.1. The Department is seeking innovative solutions to help design, implement and operate a new Visa business based upon a sustainable and innovative service delivery model that transforms the way in which Australia interacts with Visa Applicants and Visa holders. This is a once-in-a-generation opportunity for the market to co-design Australia’s Visa business and to support Australia to attract travellers and migrants and meet its international obligations.

3.2.2. The Department is seeking a partnership that will help to enhance Australia’s competitiveness by enriching the Client experience and service levels. This will



require a future business model that can potentially join together a range of commercial value added services, broader government services with the Visa Application and Decision making process.

3.2.3. The Department envisages that by leveraging the capability available in the market it can improve the quality and efficiency of services for Visa Applicants and bring a range of value added services to them. However, the Department will retain sovereign functions, including policy functions, Visa Decision making and security checks.

3.2.4. This is a transformational reform programme that is being led by the Department’s current Visa business. The Department is looking to partner with the successful providers to build a new visa business that pursues the Government’s priorities of a strong economy, strong national security and a prosperous and cohesive society. While Bundle 1 includes a major ICT component, Respondents will need to demonstrate the ability to deliver the future business and to support these outcomes by attracting people to Australia while further strengthening Visa Decision-making. This requires a GDP that has both a strong business component and a world-class digital platform.

4. Overview of the Target State

4.1.1. The Department wishes to seize the opportunity to rethink the way in which Australia attracts visitors and potential migrants and then interacts with those people. Australia’s facilitation of travel and migration will be enhanced by seamless Visa services integrated with a range of other value-added services for travellers and migrants. Over time the Department expects that this will enhance Australia’s attractiveness to and international competitiveness for travellers and migrants. Achieving this requires a new approach to the business of providing Visa services that takes a broader view and focuses on the Client and those elements that will attract people to Australia.

4.1.2. To assist in achieving the Target State the Department has decided to engage the market to help design, implement and operate a new Visa business. The Department envisions industry partners bringing a range of services to travellers and migrants including, for instance, enabling seamless Visa Applications at the point of booking their travel. It might also include the ability for Visa Applicants to purchase travel experiences and accommodation in conjunction with their Visa Application process. Services such as these recognise that Clients may value a more integrated experience in planning their journey to Australia. Visa Applicants considering migration to Australia could also find or be referred to other relevant services such as job search support, licensing and other government services, financial services, and education or property searches, thereby helping Australia to attract and retain highly skilled migrants.

4.1.3. The Department intends that this new Visa business will be built on world leading Visa service delivery that is streamlined and flexible and which maximises end-to-end digitisation and automation. The Department expects that the future Visa business will bring together core processing capability with world-leading business capabilities and a range of ICT components. These are likely to include customer



service capabilities and expertise in new business development and the core platform, decision-support tools and automated decision capabilities. Both the business and ICT capabilities will be crucial to success in the future.

4.1.4. In the future, the Department intends to share the value of commercialisation opportunities between Government, Visa Applicants and industry. For example, this is expected to lead to a reduction in the cost of Visa processing to users, improving the competitiveness of Australia as a travel destination, while unlocking value and revenue opportunities for industry.

4.1.5. The Target State will support the Government’s priorities of:


b. strong national security –including by ensuring every Visa Applicant can be efficiently identified and assessed using modern technologies; and

c. a prosperous and cohesive society – by promoting Australia it as a destination of choice for migrants and visitors and enhancing public trust in border management by ensuring Visa holders uphold Australian values.

d. The Target State will achieve the following objectives:

i. improved Decision and assessment quality and consistency;

ii. improved user experience for Clients (including through value added services), Departmental staff and market providers;

iii. enhancement of Australia’s international competitiveness and attractiveness while improving financial outcomes of the Visa business for Government;

iv. implementation of the new delivery arrangements as fast as possible with minimum delivery risk;

v. facilitation of the simplification of Australia’s Visa framework; and

vi. provision of flexibility to implement future Visa policy changes quickly and efficiently.

4.1.6. Further details of the Services required for the GDP as part of this Target State are set out in Part 3 – Statement of Requirement).



4.1.7. To achieve a transformation of this scale within the framework of the above objectives, the Department intends to leverage opportunities provided by the market including new technologies, to improve the Client experience, better manage risk, and increase efficiency and timeliness. The Target State in relation to Visa Decision making processes is shown below. This does not include the opportunities for providing value added services which the Department is seeking to explore through this REOI process.

Figure 2: Current state and target state of the visa business

4.2. Enhancement of Risk and Threat Capabilities

4.2.1. In addition to the service delivery reforms that are the focus of this REOI, the Government continues to invest in Australia’s Visa risk and threat assessment capabilities.

4.2.2. As part of this investment and transformation, the Department is enhancing biometrics storage and processing capabilities to enable greater volumes of biometrics matching, storage, analysis and data sharing of facial image and fingerprints through the introduction of new technology.

4.2.3. The Department is expanding its ability to assess risks from Visa Applicants and Visa holders. These planned enhancements to Visa risk and threat assessment arrangements for all Visa Applicants would facilitate streamlined Decision-making.

4.3. Policy Simplification

4.3.1. As outlined in the Policy Consultation Paper – Visa Simplification: Transforming Australia’s Visa System, Australia needs a visa system that is easier to understand, better suited to the rapidly growing number of visitors, and flexible enough for Australia to remain a competitive destination for temporary visitors and the longer-term entrants Australia needs.

http://www.border.gov.au/Trav/visa-reform/policy-consultation-paper

http://www.border.gov.au/Trav/visa-reform/policy-consultation-paper



4.3.2. A smaller number of Visas linked clearly to intent, such as visit, study and work, would enable prospective travellers to better understand which Visa to apply for, and enable faster processing of Visa Applications.

4.3.3. Within this context, the Minister for Immigration and Border Protection has consulted the community on the current Visa framework. The scope of consultation included:

a. what would a system with approximately 10 visas look like;

b. what factors should the Department consider when simplifying the Visa system; and

c. what should be the key characteristics of a simplified and flexible Visa system?

4.3.4. The Government is exploring the possibility of streamlining the current Visa system and reducing the number of visas from 99 to around 10 to improve processing efficiency and the Client experience.

4.3.5. While it remains the Government’s intention to pursue this course of action, it will be essential that the new Visa business and the underpinning GDP, is flexible and able to quickly and efficiently accommodate policy changes by the Australian Government in the future.

5. Towards the Target State

5.0. Approach to Implementation

5.0.1. The financial and non-financial benefits of reform can only be realised as the end-to end business for each Visa product is fully implemented i.e. when all underlying capabilities and processes for a Visa (e.g. a Student Visa) are implemented and the new product is operational and available to Clients. This means having all the necessary legal, technology, business and commercial systems required to receive and process Visa Applications for each Visa product available.

5.0.2. At the same time, the Government must ensure it receives value for money by retaining the option, if necessary, not to pursue later stages of reform without undermining the value and efficacy of capabilities already built.

5.0.3. With these considerations in mind, the Department proposes to stage the delivery of Visa products in the new business model and on the new GDP, building the complete end-to-end capabilities for each Visa product ready for Clients to use and then progressing to deliver subsequent Visa products.

5.0.4. The Department prefers this approach because it allows:

a. benefits to be realised earlier, beginning from when the first complete Visa product is delivered and available;

b. Government to have sufficiently complete capabilities to allow a meaningful option to not pursue progression to later stages of reform if deemed necessary; and

c. opportunities to improve the approach to subsequent Visa products based on lessons from earlier releases.

5.0.5. Before the Department formalises any arrangements with the successful provider for the delivery of the Services, the Department intends to engage in collaborative Co-



design of the new business and technology solution with Short Listed Respondents as part of this REOI process, until June 2018.

5.0.6. Subject to Government approval and the passage of any necessary legislative amendments, and following this REOI, the Department proposes to release a Request for Tender, in FY18/19 on delivering the less complex, higher-volume Shorter term validity Visa products on the new GDP. Following a pilot, the first Visa product is expected to go live no later than the end of December 2019 and subsequent products will be rolled out shortly afterwards.

a. The Department may approach the market again in 2021, firstly for additional Client services and then, if it does not exercise its option with the successful provider, the extension of the scope of the GDP and business model for longer-term validity Visa products.

5.0.7. The Department anticipates the build and launch of the first longer-term validity Visa product in 2021-22, with all longer-term validity Visas and citizenship on the new GDP by 2022-23. The Department will, at the time a decision is made to procure the longer-term validity Visa products, either:


b. not exercise its option with the successful provider and approach the open market for the extension of the scope of the GDP for the longer-term validity Visa products and it would be open to the successful provider of short-term validity Visa products to provide a competitive bid for those services as well.

5.1. The Market Model: Bundling

5.1.1. The proposed market model for the delivery of the Department’s Target State transformation is to bundle groups of functions for particular products and geographies that the market could provide.

5.1.2. The Department’s initial view of the approach to the bundling of services is outlined in the Market Consultation Paper (MCP) ‘Delivering visa services for Australia’, which was released in June 2017. The MCP process and subsequent work by the Department has confirmed this overall proposition remains largely correct with some refinement on the timing of release and approach for Bundles 2, 3 and 4. Wherever the description of bundling approach and the definition of bundles differs in this REOI to that set out in the MCP, this REOI takes precedence. The broad proposed scope of the bundles of the end-to-visa business are outlined in Figure 3 below.

https://www.border.gov.au/Trav/visa-reform/consultation-paper



Figure 3: Bundling model for the future Visa business

5.1.3. The current REOI will focus on the delivery of those functions that rest within Bundle 1. The Department will commence delivery of Visas through the GDP with Shorter term validity Visa classes. The details of the GDP, and the specific requirements from the market for the design, implementation and operation of this GDP are to be found in Part 3 – Statement of Requirements of this REOI.

5.1.4. Further information on the proposed scope of the remaining bundles can be found in the MCP, released in June 2017, ‘Delivering visa services for Australia’.

5.2. Approach to Innovation Over Time

5.2.1. By partnering with the market to transform Australia’s Visa delivery arrangements including through operation of the GDP, the Department is seeking to foster a relationship founded on innovation. This means seeking continual innovation of the Visa business model to support Government priorities and better deliver business outcomes. The Department is particularly interested in driving innovation in the commercial model and identifying and developing adjacent commercialisation opportunities that are valuable to users. The Department is expecting to move towards a model in which these value added services enable the Department to integrate a range of commercial and Government services to provide a dramatically improved value proposition for Visa Applicants. Over time the Department expects that Clients will be able to pay for a range of value added services and that this

https://www.border.gov.au/Trav/visa-reform/consultation-paper



revenue will be used to defray or eliminate the costs of Visa services for Clients or otherwise shared with the Commonwealth.

5.2.2. Equally important to the Department will be seeking new ways to deliver business outcomes and operate the business. This will include, adopting a collaborative and agile approach to business design and delivery, exploring new business capabilities which can enhance processing and mixing leading and extant technology to deliver outcomes.

5.2.3. Ensuring on-going innovation in the implementation and operation of the GDP business is critical and may include:

i. reducing one-off implementation costs and delivery time by deploying existing technology;

ii. accessing exceptional global talent to design and build the new business and technology systems; and

iii. delivering outcomes that meet or exceed expectations of quality, timeliness and value by adopting best-practice delivery.

5.2.4. Innovation has a number of potential advantages for both the Department and the market, which may include:

i. improving Client experience and efficiency by developing new and innovative service-delivery approaches;

ii. developing commercialisation opportunities to unlock value in existing or new assets in the Visa business;

iii. enabling the cost of some services to be borne by market providers and recovered directly by those providers from Visa Applicants via user charges, minimised through commercial value added services and set in agreement with the Department;

iv. providing premium, value-added services and/or other user-pays models that make the Visa system more sustainable and attractive to Clients, including reducing the cost to Clients where possible and appropriate; and

v. maintaining an agile and flexible system that is responsive to changes in business needs, including policy change by Government.

5.3. Delivery Considerations

5.3.1. Any future Visa and citizenship processing platform will need to integrate with Departmental systems via Application Programming Interfaces (APIs), which will be developed by the Department. These include, but are not limited to, systems relating to enterprise identity and the management of risk in Visa and citizenship services.

5.3.2. Data entered into the GDP and information, including about lodged, assessed and finalised applications (including supporting evidence and system audit logs), will be owned by the Department and will need to be accessible to the Department, including for record keeping, reporting to Government, administrative or judicial



review, financial reconciliation, performance management and compliance management purposes.

5.3.3. Respondents can expect that the criteria for the validity and Grant of Shorter term validity Visas in Bundle 1 identified in the MCP will be commensurate with, but not identical to, the criteria in the current Temporary Visa programme. More detail on current Visa Criteria will be available in the Data Room. The terms regarding access to the Data Room are available at Attachment B – Further Material Registration Forms.

5.3.4. It is not anticipated that streamlining the Visa framework will substantially impact on the forecast increase in Visa Application volumes. However, Respondents should be aware that volumes are subject to demand. The Government can and will vary Visa programmes and Visa Criteria from time to time in Australia’s national interest.




FOR


DIBP REOI 22/17-B1

PART 3 – STATEMENT OF REQUIREMENTS



Table of Contents 1. Overview ......................................................................................................................................... 3

2. Objectives of Bundle 1 .................................................................................................................. 10

3. Functional Scope and Requirements of Bundle 1 ......................................................................... 14

4. Non-functional Scope and Requirements of Bundle 1 .................................................................. 30

5. Commercial requirements of Bundle 1 ......................................................................................... 42



PART 3. STATEMENT OF REQUIREMENTS

1. Overview

1.1. Partner to design, implement and operate a digital business solution

1.1.1. This REOI is to identify potential Respondents to Short List for a proposed RFT for a successful provider to partner with the Department to design, implement and operate (including hosting, maintenance and support) a digital business and supporting systems (collectively the ‘Global Digital Platform’, ‘GDP’ or ‘Platform’). The Department will commence delivery of Visas through the GDP with Shorter term validity Visa classes.

1.1.2. The Department is seeking innovative solutions to help design, implement and operate a new Visa business based upon a sustainable and innovative service delivery model which transforms the way in which Australia interacts with Visa Applicants and Visa holders. This is a once-in-a-generation opportunity for the market to co-design Australia’s Visa business and to support Australia to attract travellers and migrants and meet its international obligations.

1.1.3. The Department is seeking a partnership that will help to enhance Australia’s competitiveness by enriching the Client experience and service levels. This will require a future business model that can potentially join together a range of commercial value added services, broader government services with the Visa Application and decision making process.

1.1.4. The Department envisages that by leveraging the capability available in the market it can improve the quality and efficiency of services for Visa Applicants and bring a range of value added services to them. However, the Department will retain sovereign functions, including policy functions, Visa decision making and security checks.

1.1.5. This is a transformational reform programme that is being led by the Department’s current Visa business. The Department is looking to partner with the successful provider to build a new visa business that pursues the Government’s priorities of a strong economy, strong national security and a prosperous and cohesive society. While this Bundle 1 includes a major ICT component, Respondents will need to demonstrate the ability to deliver the future business and to support these outcomes by attracting people to Australia while further strengthening Visa Decision making. This requires a GDP that has both a strong business component and a world-class digital platform.

1.1.6. The Department wishes to seize the opportunity to rethink the way in which Australia attracts visitors and potential migrants and then interacts with those people. Australia’s facilitation of travel and migration will be enhanced by seamless Visa services integrated with a range of other value-added services for travellers and migrants. Over time the Department expects that this will enhance Australia’s attractiveness to and international competitiveness for travellers and migrants. Achieving this requires a new approach to the business of providing Visa services that takes a broader view and focuses on the Client and those elements that will attract people to Australia.



1.1.7. To assist in achieving the Target State the Department has decided to engage the market to help design, implement and operate a new Visa business. The Department envisions industry partners bringing a range of services to travellers and migrants including, for instance, enabling seamless Visa Applications at the point of booking their travel. It might also include the ability for Visa Applicants to purchase travel experiences and accommodation in conjunction with their Visa Application process. Services such as these recognise that Clients may value a more integrated experience in planning their journey to Australia. Visa Applicants considering migration to Australia could also find or be referred to other relevant services such as job search support, licensing and other government services, financial services, and education or property searches, thereby helping Australia to attract and retain highly skilled migrants.

1.1.8. The Department intends that the new Visa business will be built on by world leading Visa service delivery that is streamlined and flexible and which maximises end-to-end digitisation and automation. The Department expects that the future Visa business will bring together core processing capability with world-leading business capabilities and a range of ICT components. These are likely to include customer service capabilities and expertise in new business development and the core platform, decision-support tools and automated decision capabilities. Both the business and ICT capabilities will be crucial to success in the future.

1.1.9. In the future, the Department intends to share the value of commercialisation opportunities between Government, Visa Applicants and industry. For example, this may lead to a reduction in the cost of Visa processing to users, improving the competitiveness of Australia as a travel destination, while unlocking value and revenue opportunities for industry.

1.1.10. The Target State will support the Government’s priorities of:


b. strong national security –including by ensuring every Visa Applicant can be efficiently identified and assessed using modern technologies; and

c. a prosperous and cohesive society – by promoting Australia as a destination of choice for migrants and visitors and enhancing public trust in border management by ensuring Visa holders uphold Australian values.

1.1.11. The GDP will facilitate a wide reaching business transformation and an innovative approach to Visa processing that meets the Department’s objectives outlined in section 2 of this Part 3 – Statement of Requirements.

1.1.12. The GDP will provide a digital interface and operational system capability for the new Visa business, starting with the delivery of end-to-end Shorter term validity Visa services.

1.1.13. Subject to Government approval and the passage of necessary legislative amendments, the costs of building and running the GDP will be borne by the successful provider and recouped from Visa Applicants through a user-charging arrangement, which will be minimised through commercial value added services. Pricing will be agreed between the successful provider and the Department and must



support Australia’s globally competitive Visa service delivery offerings. Please see 'Commercial Requirements of Bundle 1' in this Part 3 – Statement of Requirements, Section 5. Over time the Department intends that the successful development of commercialisation opportunities would serve to defray the costs of delivery of Visa processing and mitigate or eliminate the need for a user charge.

1.1.14. The Department is actively seeking to identify and explore these commercial opportunities through this REOI and encourages Respondents to consider what they may be and how to develop the business to identify and realise them. The Department will retain the right to approve any opportunities identified in order to ensure they are consistent with the Commonwealth’s obligations to Visa Applicants, including under the Privacy Act 1988 (Cth), and do not negatively impact the Department’s or Australia’s reputation. Any commercial opportunity will be expected to provide appropriate benefits to the Commonwealth and Visa Applicants and Visa holders. Further information on these possible opportunities is set out in this Part 3 – Statement of Requirements, section 5.

1.2. Key functional components of the Global Digital Platform

1.2.1. The Department requires that the GDP to be designed, implemented and operated by the successful provider will provide:

a. management of the Visa business workflow, including referrals to appropriate third parties including the Department;

b. Digital Client Services;

c. data collection and verification (including biometrics);

d. automatic assessment of some Visa Applications against Visa Criteria;

e. automatic determinations to Grant Visas according to business rules determined by the Department; and

f. post-Decision services including engaging and revalidating existing Visa holders.

1.2.2. The Department is also seeking to use this REOI to explore opportunities to add value for Clients including by linking Clients to other commercial and government services as part of the Visa Application process.

1.2.3. The management of the Visa business workflow involves efficiently and automatically determining the next step in processing. This will include applying business rules and logic to determine where services provided by other market providers or by the Department are required to finalise a Visa Application.

1.2.4. The GDP will interact with the systems and users of other market providers and the Department to digitally collect, verify and provide the necessary and relevant information for other service providers and the Department. It will also receive and interpret the responses and incorporate them into the processing workflow. It must be capable of automating Visa Application processing in line with business rules provided by the Department. The Department’s ambition is that in the future an average of 90 per cent of all Visa Applications would be fully automated.

1.2.5. The GDP will enable Clients to apply for an Australian Visa online using a range of current and future consumer devices (including mobile devices etc.), any time from



any place, on a user friendly, simple, intuitive and contemporary interface that steps the Visa Applicant through the process to lodge a complete Visa Application. For some products, for example products aimed at tourists, the interface would be provided in several key languages.

1.2.6. The GDP will enable Shorter term validity Visa Applications to be lodged online in a manner that supports information reuse and data validation. It will enable biometrics and other required information to be uploaded globally 24/7, from a range of devices using a range of operating systems as part of the Visa Application lodgement process.

1.3. The Global Digital Platform’s key users

1.3.1. Users of the GDP will include:

a. Visa Applicants and their representatives;

b. sponsors (both individuals and organisations);

c. market providers of premium Visa services;

d. market providers of subjective assessment services;

e. market providers of health assessment services;

f. market providers of other services undertaken on behalf of the Department (such as biometric collection);

g. other third party organisations (such as educational providers or employers) who are required to view or provide information relating to a Visa holder;

h. Departmental officers; and

i. other Government agencies as permitted by a Memoranda of Understanding between the Australian Government (including the Department) and those other Government agencies.

1.4. Scope boundaries (Function, product, geography and channel)

1.4.1. The Services incorporate a GDP business and underpinning ICT systems, to drive the end-to-end processing and workflow of the Department’s Visa programmes, commencing with Shorter term validity Visa products. This will also include an option exercisable by the Department in the future to extend the scope of the GDP to cover longer-term validity Visa products. This is the Department’s preference.

1.4.2. However, the Department will at the time a decision is made to procure the longer-term validity Visa products: either,


b. not exercise its option with the successful provider and approach the open market for the extension of the scope of the GDP and the business model for the longer term validity Visa products. It would be open to the successful provider of Shorter term validity Visa products to provide a competitive bid for those services as well.



1.4.3. There may be a small number of specialised Visas (for example, Visas for diplomats or refugee and humanitarian caseloads) where processing will be managed directly by the Department.

1.4.4. The Department intends the scope of this Bundle 1 to include Visas potentially being developed under a new Visa framework which has been subject to community consultation and yet to be finalised. An overview of Immigration reform is set out in Part 2 – Overview of Immigration Reform.

1.4.5. Bundle 1 will need to provide digital Visa services for the relevant Visa Applicants located globally.

1.4.6. The GDP will provide Visa services through digital channels only. Specifically, the scope of Bundle 1:

a. does not include the provision of primarily human-delivered Client services (for example, human collected or verified data) to Visa Applicants, which are currently provided by a mix of service delivery partners and the Department. The Department proposes to transform its Onshore and Offshore human-delivered Client services at a later stage of the Visa Services for Australia programme (see section 3.4.1 of this Part 3 – Statement of Requirements for more details). The GDP will, now and in the future, need to interface with users and systems of these primarily human-delivered services. For example, the GDP may need to liaise with service delivery partners to collect information that cannot be collected digitally through the GDP now or in the future (recognising that the types of information collectable by the GDP may change over time), such as certain biometric information;

b. does not include the provision of human-delivered premium Visa services, which are additional human-delivered services provided to Visa Applicants or Visa holders (for example, in person assisted-application services). Other market providers may provide premium human-delivered services. Differentiation of digital services is in scope of Bundle 1;

c. does not include provision of human-made subjective assessments of Visa Applications against Visa Criteria (e.g. a human-made judgement about the genuineness of a Visa Applicant), which the Department proposes will be provided by market partners as part of other bundles and/or by Departmental officers. The GDP will need to interface with users and systems of these assessment providers and the Department to provide information, receive responses, handle requests for further information and manage the overall processing workflow; and

d. does not include the successful provider making manual Decisions (e.g. decisions by a human) to Grant or refuse Visa Applications as these decisions will continue to be made by Departmental officials. Where Department defined business rules do not allow the GDP to automatically determine a Visa Application it must be referred to the Department for an officer to make a Decision whether to Grant or refuse the Visa. The GDP must provide the necessary capabilities for Departmental officials to make manual Decisions to Grant or refuse Visa Applications. This includes providing the necessary information, defined business rules, handling requests for further information, and providing an interface for Departmental officer to make and input their Decision to be handled by the GDP.



1.4.7. While the GDP does not include human-delivered Visa services, designing, implementing and operating the Visa service delivery business over the life of the contract will require the successful provider to have highly talented individuals working with the Department.

1.4.8. While the GDP does not include the provision of the Department’s enterprise capabilities including threat, risk and identity assessment and other functions critical to the Government’s sovereign functions, the GDP will need to interface with many of these systems to provide and receive information, these are detailed in this Part 3 – Statement of Requirements, Section 4.4.

1.5. Overview of indicative high-level technical architecture

1.5.1. While elements of the GDP's system architecture may be further developed and refined through this REOI process, including Phase Two: Scenario Design and Evaluation and Phase Three: Co-Design, the Department currently expects that the architecture will likely consist of four key layers. Indicatively, the high level capabilities include:

a. An online digital Client platform layer: provides the GDP for the digital delivery of Client services. Where Client services are required in non-digital form, this ‘premium’ service is provided through alternative channels, with input always eventually being received in digital form by this layer. As mentioned above, the scope of Bundle 1 does not include the provision of human-delivered premium Visa services.

b. A platform integration Application Programming Interfaces (API) layer: provides the mechanism for interaction between the GDP and the processing platform, market provider systems and the systems used by other third party organisations which could include travel agents, educational providers and/or employers.

c. A Visa core layer: provides the platform for the assessment, Decision, and recording of Visa Applications. This layer also provides the interface to enable Departmental processing officers, and any other service providers who will be undertaking Visa Criteria assessment activities, to view Visa Applications, undertake manual assessment of Visa Criteria and to record outcomes and other information.

d. A Department integration layer: achieves integration between Departmental systems and the GDP. For example, the GDP will need to support secure interactions with the Department’s identity, biometrics and threat and risk assessment systems.



Departmental Provided

Market Provided Global Digital PlatformOnline Digital Client Platform

Client Services

Client Acquisition

Enquiries and support

Communication

PaymentTranslation

Data collection & verificationIdentity collection

Identity assertion

Biometrics enrolment

Lodgement Information verification

Requests for more

information

Market provided integration API

Visa and Citizenship Core Platform

Assessment

Objective

Validity Assessment

Eligibility Assessment

Relevant TestsOther Potential

Assessments

Subjective

Genuineness Assessment

Security Assessment

Character Assessment

Other Potential Assessments

Specialised Subjective

Fraud Assessment

Health Assessment

Decision Making

Auto-determinations

Recommended Decisions

Manual Decisions

Notifications

Decision Review and

Disputes

Compliance Management

Behavioural ‘Nudges’

Toward Self Resolution

Ongoing Revalidation

and Re-engagement

Mar

ket p

rovid

ed e

xter

nal A

PI

Depa

rtmen

tal p

rovid

ed in

tegr

ation

API

Departmental Enterprise-wide capabilities

Intelligence and Identity

Threat and Risk Assessment

Identity and Biometrics

Threat Identitifcation

Information

Single View of Entity

Structured and Unstructured Information

Record Keeping

Other Core Business Systems

Data Warehouse

Visa Repository

Other Enterprise

Capabilities

In Language Services

Client Accounts

Seamless Services

Visa as part of airline ticket

Visa as part of travel booking

Visa as part of course

enrolment

Status and Entitlements

Enquiry

External Agencies Integration

Government Agencies

International Agencies Other Agencies

Figure 1: High level indicative potential architecture



2. Objectives of Bundle 1

2.1. Overview of Objectives

2.1.1. Bundle 1 will achieve the following objectives:

• improved Decision and assessment quality and consistency;

• improved user experience for Clients (including through value added services), Departmental staff and market providers;

• enhancement of Australia’s international competitiveness and attractiveness while improving financial outcomes of the Visa business for Government;

• implementation of the new delivery arrangements as fast as possible with minimum delivery risk;

• facilitation of the simplification of Australia’s Visa framework; and

• provision of flexibility to implement future Visa policy changes quickly and efficiently.

2.2. Improved Decision and assessment quality and consistency

2.2.1. The Department's Visa business currently relies on highly capable Departmental officers, using judgment and experience, to manually make assessments of many Visa Applications against Visa Criteria and to ultimately decide whether to Grant or refuse a Visa. The Department expects that the new Visa business will allow for further improvements to Decision making.

2.2.2. The GDP may achieve this objective through the following value drivers:

a. enabling a more codified and automated approach to assessing Visa Applications;

b. collecting information in a more structured manner to improve its usability in assessments and Decisions;

c. marshalling, analysing and presenting information more effectively to assessors and Decision makers;

d. automating the verification and validation of information to increase the integrity of the fact base on which assessments and Decisions are made;

e. optimising the Visa processing workflow to strategically sequence assessments (e.g. by undertaking lower-cost, more definitive steps first) to both improve the available information and to improve the efficiency of Decision making;

f. provide transparency of the assessment quality drivers and performance of providers of assessments; and

g. allows Departmental officers to specialise in complex Decision making through vocational training pathways; and

h. any other innovative value driver that increases the extent to which this objective is met over time.



2.3. Improved user experience for Clients, Departmental staff and market providers

2.3.1. Australia is regarded as a global leader in Visa services, however the Department aspires to continue to improve Visa service delivery. The new Visa business must improve the experience for its key Clients to be simple, clear and fast.

2.3.2. The GDP is required to achieve this objective through the following value drivers:

a. providing an entirely digital experience that is simple, intuitive, rich, responsive and dynamic;

b. cross-platform and mobile friendly access;

c. fast and seamless interactions with transparency around expected processing times;

d. consistent and stable look and feel to interfaces;

e. service differentiation based on segmentation of users based on need and or value;

f. providing value added services and linking of other government and commercial services to enrich the Client experience;

g. providing increased self-service capabilities to allow for fast and convenient resolution of issues;

h. notification of any current or potential future breaches of Visa conditions to allow self-resolution, avoiding unnecessary compliance and enforcement interactions; and

i. any other innovative value driver that increases the extent to which this objective is met over time.

2.4. Enhancement of Australia's international competitiveness and attractiveness while improving financial outcomes of the Visa business for Government

2.4.1. The Department's Visa business is under increasing strain from growing volumes of Visa Applications, particularly from Shorter term validity Visa Applications. The Department is looking for a partner that can design, implement and operate (including hosting, maintenance and support) a solution that breaks the trade-off between service, cost and risk.

2.4.2. Bundle 1 seeks to achieve this objective through the following value drivers:

a. adopting a user-pays commercial model (see this Part 3 – Statement of Requirements, Section 5 for further detail) that means the design, implementation and operation costs of the new Platform are met by the successful provider and recouped from Clients, through a user pays model and through realising other commercialisation opportunities, without undermining Australia’s international competitiveness and/or creating an unacceptable risk for Government;

b. increasing the efficiency of processing each Visa Application (without sacrificing the quality of the Decision or the service standard to the Client) by increasing the level of automation in Visa processing, digitising processing functions that are currently manual, slow and costly and providing self-service capabilities for Clients to avoid higher-cost channels;

c. improving the overall efficiency of Visa processing by optimising the workflow that determines the sequencing and approach to each processing step;



d. developing commercialisation opportunities to unlock value in existing or new assets in the Visa business that would be shared with the Commonwealth and/or used to defray or eliminate the cost of Visa service delivery;

e. providing transparency of the cost drivers and performance of providers at each stage of the processing value chain;

f. monitoring, re-validating and re-engaging Visa holders, including using nudge technology to encourage self-resolution of any current or potential future breaches of Visa conditions avoiding compliance and enforcement expenditure; and

g. any other innovative value driver that increases the extent to which this objective is met over time.

2.5. Implementation of the new delivery arrangements as fast as possible with minimum delivery risk

2.5.1. The Department's Visa business is facing an urgent need to transform and must provide Government with certainty that the transformation will be delivered on-time or ahead of schedule, meeting or exceeding expectations of the outcomes to be achieved. The successful provider will be required to implement the new delivery arrangements as fast as possible with minimum delivery risk for Government.

2.5.2. A number of the key value drivers of Bundle 1 are directly linked to this objective:

a. rapidly deploying technology, including potentially adapting technology from adjacent or analogous applications;

b. accessing exceptional global talent to design and build the new Visa business and technology systems;

c. adopting a collaborative and agile approach to business design and delivery (extends beyond agile software development);

d. adopting best-practice delivery approaches, including for instance, agile business transformation approaches, iterative approaches and approaches to developing minimum viable products, and doing so in a way that is suited to the Department context and Government Decision making requirements;

e. adopting modular designs in the system and business architecture; and

f. any other innovative value driver that increases the extent to which this objective is met over time.

2.6. Facilitation of the simplification of Australia’s Visa framework

2.6.1. The Government has launched consultation on the ongoing simplification of Australia’s Visa framework. In order to give effect to any simplification the Government may decide to undertake, the Visa business needs the ability to reorganise its Client services, assessments and Decision making to reflect any changes to the Visa framework.

2.6.2. Bundle 1 is required to achieve this objective through the following value drivers:

a. the successful provider adopting a collaborative and agile approach to business design and delivery (and extends beyond agile software development);



b. the successful provider providing strategic input on the business and systems implications to inform the ongoing refinement of the policy framework; and

c. any other innovative value driver that increases the extent to which this objective is met over time.

2.7. Provision of flexibility to implement future Visa policy changes quickly and efficiently

2.7.1. The Government regularly revisits the legislative, regulatory and policy settings for the Visa business, as well as broader Government legislation, regulatory and policy settings.

2.7.2. The GDP is required to allow the Department to flexibly implement the wide range of changes that may be required to further the national interest with the minimum impost on service standards, resourcing and integrity in Visa processing.

2.7.3. Bundle 1 is required to achieve this objective through the following value drivers:

a. the successful provider adopting a collaborative and agile approach to business design and delivery (that extends beyond agile software development);

b. adopting modular designs in the system and business architecture; and

c. any other innovative value driver that increases the extent to which the Department’s objectives are met over time.



3. Functional Scope and Requirements of Bundle 1

3.1. Explanation of this Section

3.1.1. The Department is requesting EOIs for functional scope to achieve the objectives outlined in this Part 3 – Statement of Requirements, Section 2. The description of scope is divided in 'functional scope' in this Part 3 – Statement of Requirements, Section 3 and 'non-functional scope' in this Part 3 – Statement of Requirements, Section 4. Each component of the GDP has business, technical, commercial, legal and security requirements detailed in this Part 3 – Statement of Requirements, Sections 3 to 5.

3.1.2. A description of the relative importance for each requirement is set out below.

Criticality Description

Essential

Indicates a requirement which is critical to the achievement of the intended Services solution. For certainty, the use of the term 'Essential' in this Part 3 – Statement of Requirements does not refer to an essential requirement of this REOI process (in relation to which a failure of a Respondent to comply will result in the Respondent being excluded from the REOI process).

Highly Desirable Indicates a requirement that is very important to achieve the intended Services solution.

Desirable Indicates a requirement that is important to achieve the intended Services solution.

3.2. Lifecycle of the contract

3.2.1. The aim of the REOI process is to inform the Department to develop and refine requirements for a RFT and to identify potential Respondents to Short List for a pre-qualified RFT for Bundle 1.

3.2.2. This Part 3 – Statement of Requirements provides additional detail on the Department’s proposed approach to partnering with the successful provider of Bundle 1 over the lifetime of any resulting contract resulting from any future RFT process.

# Bundle Requirement Criticality

FR1 The successful provider will cooperate in an ongoing exchange of ideas with the Department to improve performance against the Department’s objectives as well as looking for continual improvement in the effectiveness and efficiency of assessments.

Essential

FR2 The GDP will be responsive in its ability to address issues and be updated to meet changes in Australian Government’s requirements, including legislation and policy or new business requirements.

Essential



3.3. Workflow management

3.3.1. The GDP must support efficient Visa processing that streamlines low-risk Visa Applicants, to facilitate their entry to and stay in Australia. This streamlining is heavily reliant on the development of automated and integrated workflow management by the successful provider.

3.3.2. Visa processing often involves an ongoing exchange between the Visa Applicant and the service providers collectively responsible for processing. This exchange means that managing the workflow of the processing effort is a critical factor in its overall efficiency. The GDP must provide an automated solution for managing this workflow.

3.3.3. Policy (including legislation and regulations), risk settings and business rules place requirements and restrictions on the necessary processing steps for any given Visa Application and these can vary depending on the characteristics of the Visa Application and outputs and conclusions of assessments undertaken as part of processing. The GDP will need to be able to automatically direct a Visa Application to the next step in processing. It will also provide information to other providers and the Department to enable them to undertake their respective responsibilities. This information will need to be provided in a form that facilitates accurate, timely and efficient processing. In some cases this may involve interfacing with systems and in others it may involve providing a user interface for a person to undertake their processing task.

3.3.4. The GDP will also receive responses back from other contributors. Business rules will determine how these responses impact the next step required for a Visa Application in the overall workflow. The workflow system will monitor completion of these steps and ensure they are carried out in a timely manner. This includes reminders to complete steps and monitoring of elapsed times.

3.3.5. The successful provider will monitor and analyse the performance (time and cost) of processing steps and providers of these functions to determine the drivers of residual manual workflow. The successful provider will provide information and support to assist the Department to refine risk settings and business rules to strategically optimise the processing workflow.

3.3.6. Clients provide information in their Visa Application and the GDP will need to be able to make additional requests for information from a Visa Applicant or their authorised representative as they are completing the Visa Application. After the Visa Application is submitted (referred to as ‘lodged’) there may still be a need for the Client to provide additional information as a result of assessments made during processing. There may also be a need to collect information about a Visa Application from sources other than the Visa Applicant. Business rules determine when and what additional information is needed.

3.3.7. Managing this workflow can involve providing Visa Applicants updates about information that has been considered or assessments that have been made to allow the Visa Applicant to provide a response to the information. The GDP will need to apply business rules to determine when this needs to occur and provide an interface for the Client to receive the information and respond.



3.3.8. The workflow management responsibility extends beyond the Decision on the Visa Application. There are post-Decision responsibilities which the GDP must manage the triggers and required workflow based on business rules to undertake that scope automatically when needed.

3.3.9. The Department expects that after initial development of the business process with the successful provider, significant innovation will be achieved over time in workflow management.


FR3 The GDP will provide an automatic workflow management capability. The functionality will enable Visa Applications, which require additional assessment activities, to be routed to the relevant area (Departmental or other service provider). It will also allow for Visa Applications to be tracked and re-allocated (both manually and automatically based on business rules).

Essential

FR4 In those instances where Visa Applications cannot be finalised automatically, the GDP will need to provide the capability to refer or escalate these cases that require specialist assessment to the Department and / or other service providers.

Referrals will be determined through risk management and eligibility criteria settings developed by the Department.

The referred case will contain details of which Visa Criteria are outstanding and the details of any adverse information and associated treatments. Once additional checks are made and the necessary information recorded, the GDP will re-run assessment and risk rules in an attempt to auto-decide the Visa Application.

The GDP must also include the capability for any Visa Application to be referred to the Department for assessment at any time, at the request of the Department.

Essential

FR5 The GDP should be able to deliver the capability to generate referrals to the Department where non-compliance with Visa conditions have been identified.

Essential

3.4. Client Services

3.4.1. Bundle 1 involves the provision of Client services through digital channels (Digital Client Services) for Australia’s future Visa business. These Digital Client Services include:

a. Client acquisition. Facilitating and attracting Visitors and migrants to Australia, including by providing general information about Visas.

b. Enquiries and support. Providing digital support, and accessible information, in response to specific enquiries by prospective and existing Visa Applicants. This does not include the provision of call centre support services which is not within the scope of Bundle 1.

c. Communication. Communicating effectively with Visa Applicants or their authorised representatives about their Visa Applications.



d. Payment calculation and collection. Calculating and handling payment of the Visa Application Charge (VAC) and other fees and charges. Australia requires most Visa Applicants to pay a tax to apply for and receive a Decision on a Visa. This is in the form of a VAC, which varies dependent on the Visa and the location of the Visa Applicant. The VAC is separate to other fees and charges and must be treated as such when collected on behalf of the Department and Government by service providers (see Figure 2, for an example of the distribution of an applicant payment).

e. Translation. Providing Visa Applications and services in key languages and translation of documents and conversations between foreign languages and English where required for Visa processing.

Figure 2 – GDP payments handling


FR6 Clients will be able to self-service through an online channel.

The GDP will provide an online self-service capability which will enable Clients, sponsors and other parties to:

a. obtain information on Australian Visa products; and

b. provide details of information and any supporting documentation the Client would need to supply for each of the products.

Applicants will be able to utilise the GDP to obtain information on Visas, finalise and lodge complete Visa Applications.

Essential

FR7 The successful provider will provide a premium Digital Client Service offering. This may include:

a. express processing options;

b. value-added product offerings; and

c. digital assist services such as providing Client enquiry self-service options and specialised enquiry support, for example, online chat.

Essential



FR8 The successful provider will provide the capability for Visa Applicants, their authorised representatives or sponsors to receive status updates, discover Visa options, receive official correspondence (including legal notifications).

The GDP will automatically send the relevant legal notifications to the Client, their authorised representatives or sponsors, including to requests for further information, invitations to respond to adverse information, and notification of Decision.

The notifications to Clients, their authorised representatives or sponsors will be governed by Australian notification requirements, particularly relating to the administration of natural justice.

Essential

FR9 The GDP will provide an online capability for Clients and other authorised third party organisations to check the conditions associated with the Client’s current Visa.

Essential

FR10 The successful provider will need to be able to offer some services to Visa Applicants in their preferred language. At a minimum the successful provider will need to function in at least the top 20 languages used by Visa Applicants.

Essential

FR11 The successful provider will provide the capability to enable Clients who complete the online Visa Application in their home language to have this translated in to English. (where possible this will be an automated process).

The data from the translated (English) version, as well as the original version, of the Visa Application will be stored in the GDP. This will also be the data which is transferred to the Department’s systems.

Essential

FR12 The GDP will calculate all fees and charges (including the successful provider’s own service fee) and will provide these in an itemised format to the Visa Applicant, sponsor or other third party. The VAC will be collected by the GDP and remitted to the Government’s Consolidated Revenue Fund.

Essential

FR13 The GDP will cater for a range of online payment options to enable the Client, sponsor or other third party to pay all fees and charges. A receipt will be provided confirming payment.

Essential

FR14 The successful provider will ensure that all VACs and any other fees or charges collected on behalf of the Department are transferred, in Australian dollars, to the Department no later than the next business day after the payment is made by the Client, sponsor or other third party.

Essential

FR15 The successful provider will provide payment information to the Department for financial audit, reconciliation and reporting purposes.

Essential

FR16 The successful provider will provide a service to enable Clients who provide their documents in their home language to have these translated in to English (where possible, this will be an automated process). Where this cannot be automatically undertaken by the system, the GDP’s workflow management capability will route the translation activity to the appropriate third party provider and, for clarity, the non-automated translation service is not within the scope of Bundle 1.

Highly Desirable



Both the translated version (English) and original version (home language) will be stored in the Department’s records management system.

FR17 The successful provider will actively seek out and acquire Clients that can make a positive economic contribution to Australia.

The GDP will be able to segment Visa Applicants through information about the Visa Applicant and their cohort. This will be through both an understanding of a Client driven by:

• their interactions with the GDP being understood and analysed using Client analytics; and

• information available within the Department on the Visa Applicant and their cohort.

The GDP will be able to make use of these Visa Applicant segments to undertake targeted offerings of premium products to these Visa Applicants.

Desirable

3.5. Data collection and verification

3.5.1. The GDP is responsible for digital data collection and verification of information required to process Visa Applications. This includes collecting data as part of the submission (‘lodgement’) of a Visa Application and as required by the processing workflow after the Visa Application is submitted. The data can be information sourced from the Visa Applicant or from other sources. Data verification involves ensuring that the information provided is that which is needed for Visa processing (all and only relevant information) and that the information is accurate and complete. The verification can occur as the Visa Application is completed by the Visa Applicant before submission and after submission, including during processing if a business rule determines that additional verification is required.

3.5.2. The data to be collected and verified will be further refined during later stages of market engagement and implementation, but could include digitally entered information, uploaded documents or files, biometric information and other data types that are capable of digital collection and verification.

3.5.3. One of the most important pieces of information to be collected and verified is the biometric and biographic information about a Visa Applicant that allows the Department to anchor the identity of the Visa Applicant. This also means verifying the information to ensure it meets the Department’s quality requirements.

3.5.4. Validation describes the data collection and verification that is undertaken while the Client is completing their Visa Application through the online channel. During this process the system will automatically (and the online form will dynamically adjust) determine whether the Visa Applicant is:

a. eligible to apply;

b. required to undergo a medical assessment;

c. required to provide biometrics; and

d. required to provide additional information.



3.5.5. Applications cannot be progressed unless they are complete and meet validity criteria (which are usually objective criteria) to determine if the legal requirements have been met for the Visa Application to be valid. To make a valid Visa Application, the Visa Applicant must meet the Visa Criteria. This Visa Criteria will vary depending on the type of Visa, but usually requires the correct fee to have been paid, the correct form has been completed in full, and that the Visa Applicant is in the appropriate location for the Visa type.


FR18 Provision of facility for Visa Applicants to provide identity and biometric information as part of their Visa Application.

Visa Applicants will be required to provide sufficient identity and biometric information to allow the Department to biometrically anchor each Visa Applicant to a single identity.

The GDP will need to be able to receive biometric information from a range of sources (such as contracted third party providers or Visa Applicants' own mobile devices) and securely provide this to the Department.

Essential

FR19 The GDP will need to enable the use of the Near Field Communication (NFC) capabilities on the relevant mobile technologies to allow Visa Applicants to access and upload the biographic and biometric information contained in their chip enabled passport (ePassport).

Essential

FR20 During the Visa Application completion process the GDP will interact with the Department’s risk and identity services to determine, based on the information supplied, whether additional information needs to be provided before the Visa Application can be submitted. (ie, the online Visa Application will contain both static and dynamic content).

Essential

FR21 The GDP will need to automate the assessment of validity criteria to determine whether the Client is able to lodge a valid Visa Application.

Essential

FR22 The GDP will need to interface with the Department’s border systems to enable the receipt, assessment and Decision of Visa Applications received and processed as part of border clearance operations.

Essential



FR23 Where possible the successful provider will need to be able to automatically verify information provided by the Visa Applicant with third party sources.

The successful provider will need to:

a. determine that the information provided supports the Visa Applicant’s claims against the Visa Criteria determined by the Department;

b. ensure that data and image quality standards are enforced; and

c. use automatic data exchange to verify information/documentation.

Verification of information about each Visa Applicant may be required depending on the type of Visa product applied for.

Assessments that may require information verification include, but are not limited to, those listed in this Part 3 – Statement of Requirements.

Note

The Department will retain policy determinations over Visa products, Visa Criteria, processes and information requirements.

The Department will retain all security checking functions.

Highly Desirable

FR24 The GDP should request, receive and record information from Visa Applicants, or other sources in relation to the assessment of subjective Visa Criteria. The successful provider would have important interactions with Visa Applicants, sponsors or other parties who are notified that additional information or a response to adverse information is required to support their Visa Application.

The GDP would:

i. determine any additional information required to make a subjective assessment against the Visa Criteria;

ii. request information to support assessment of subjective Visa Criteria;

iii. provide Visa Applicants with the opportunity to respond to adverse information; and

iv. receive and record additional Visa Applicant information that was uploaded via the online platform specifically for the subjective assessment.

Note

The Department seeks innovative, cutting edge technology to automate information gathering to the greatest extent possible.

Highly Desirable



FR25 The GDP should verify information from Visa Applicants, or other sources to ensure its genuineness.

The GDP would need to use automatic data exchange with key stakeholders who can verify information/documentation.

The GDP would need to determine whether the information provided supports the Visa Applicant’s claims against the Visa Criteria.

The determination and reasoning would need to be recorded and available for Quality Assurance processes.

Highly Desirable

FR26 The GDP should be able to verify that documents provided by the Visa Applicant, sponsor or other third party, in support of their identity or other Visa Criteria, have not been fraudulently issued, obtained or altered.

The successful provider would need to use digital technology, or automatic data exchange, to assess potentially fraudulent documentation.

The successful provider may need to refer any suspected fraud or fraudulent documents and images to the Department for further assessment.

The determination and reasoning would need to be recorded and available for Quality Assurance processes.

Highly Desirable



FR27 The GDP will provide the capability for Visa Applications to be completed and submitted online. The GDP will:

a. enable Clients to create an online account or re-use a previously created account;

b. enable Clients to input information required to complete their Visa Application, including completion of an electronic application form and uploading of supporting documentation;

c. save incomplete Visa Applications and return to these at a later point in time;

d. enable the Clients to complete the Visa Application in their home language for some Visas;

e. require completion of mandatory fields before the Visa Application can be lodged;

f. determine whether the Visa Applicant is eligible for the specific Visa product;

g. require that all data validation standards are met (such as valid address in a country, valid and active email address, valid and active mobile number, valid national identity card);

h. require that all image quality standards are met; i. be accessible from a range of devices, particularly mobile technologies; j. be intuitive and user friendly; k. meet the Australian Government’s accessibility and usability guidelines l. be accessible to Clients in their home geographies; m. enable Clients to pay required fees and charges (such as VAC)

electronically; n. enable Clients to lodge a Visa Application o. integrate with external validation services (for example, the ABR for ABN

verification); and p. link/ group individual Visa Applications together for assessment purposes

(for example, sporting groups and tour groups).

Essential

3.6. Assessment against Visa Criteria

3.6.1. Processing Visa Applications requires assessment of the Visa Application against a range of Visa Criteria. These Visa Criteria can be specific to the Visa and common across Visas. Some of these Visa Criteria are assessed prior to the Visa Application being lodged (‘validity criteria’) and criteria that must be assessed, following lodgement, based on circumstances at the time of Decision. These assessments currently include Visa Application validity, genuineness, health, security, character, identity, relationship to Australian citizens or permanent residents, skills, education, employment and sponsorship.

3.6.2. Some of these assessments assist the Department in managing risks such as national security and immigration fraud. In addition to assessment against the individual Visa Criteria there must be an overall and ultimate Decision as to whether to Grant or refuse the Visa Application.

3.6.3. Decision making is treated separately in this scope and requirements section (see this Part 3 – Statement of Requirements, Section 3.7) to assessment against Visa



Criteria (this Section 3.6). Any interactions with the Visa Applicant, sponsor or migration agent, are recorded in Departmental systems.

3.6.4. Each Visa Applicant within a Visa Application is assessed against each relevant Visa Criteria based on information provided by the Visa Applicant (including in their Visa Application and via requests for further information), information about the Visa Applicant collected from other sources and other information provided by the Department.

3.6.5. The information to be considered in the assessment may need to be verified to ensure that the assessment is based on an accurate underlying fact base. The collection and verification of information for these assessments will be the responsibility of the GDP where it can be performed through digital channels. Where the information cannot be collected or verified digitally it will need to be collected via human channels, including by undertaking manual verification activities, field operations or in-person assessments of the Visa Applicant. These human collection and verification channels are not part of Bundle 1 although they will be automatically managed by the GDP as part of the processing workflow.

3.6.6. Once the information has been collected and verified an assessment needs to be made against the relevant Visa Criteria to meet the standard of confidence and satisfaction required by that Visa Criteria in the circumstances. A range of factors determine the types of information that will need to be considered as evidence, the type and standard of verification required and the overall standard of confidence and satisfaction the assessment will need to reach. The Department will determine the standards for data collection, verification and any other requirements or restrictions on the assessment approach. These are varied from time to time.

3.6.7. The GDP will have interfaces with relevant Departmental systems, such as the Visa risk and threat assessment capabilities. These will guide the level of rigour which is applied to the processing of each Visa Applicant within a Visa Application and ensure that Auto Grants take place when appropriate and that complex cases are identified and referred for specialist assessment.

3.6.8. Given the Department’s objectives outlined above, the GDP will need to be able to automate the end-to-end processing of Visa Applications across all of the necessary steps in Visa processing. This will require the GDP to digitally and automatically collect and verify the data required for the assessment of many Visa Applicants. It will also need to be able to apply rules determined by the Department to automatically determine the relevant Visa Criteria to be assessed for each Visa Applicant and automate the assessment of many Visa Applicants against the relevant Visa Criteria. This will also involve generating the necessary requests for further information collection and/or verification if required to complete the assessment. The GDP will need to be able to meet the legal and other requirements for each relevant assessment.

3.6.9. For some Visa Applicants within a Visa Application, assessment of some Visa Criteria will not be the responsibility of the GDP given it requires probabilistic or human judgement or is otherwise complex. These assessments will be referred to other market providers and or the Department’s officers for assessment. In seeking to meet its objectives, the Department is interested in maximising the extent to which assessments can be automated while ensuring that its legal and other



requirements are met. The scope and detail of assessments to be undertaken by the GDP and the specific requirements will be refined during the approach to market and the implementation of Bundle 1.

3.6.10. Some Visa Applications require an approved sponsor and/or an approved nomination. This sponsorship (for example by an employer or partner) must be assessed against defined criteria, in addition to the assessment of the Visa Applicant. The Visa Application and sponsorship/nomination determination must be linked in the system.

3.6.11. Communication with Visa Applicants is undertaken in accordance with detailed legal requirements. The Visa Decision may also be the subject of external review and the relevant materials relating to the Visa Application need to be properly available to support that process.

3.6.12. This sub-section provides some background information about the current Visa Criteria. This will be useful context in understanding the types of capabilities that may be needed to deliver the assessment scope and meet the requirements of the GDP. It is important to note that this is not an exhaustive documentation of Visa Criteria and assessment requirements. The Visa Criteria and assessment requirements are reviewed and revised from time to time and will be affected by any changes to the policy framework, some of which are currently undergoing public consultation (see Part 2 – Overview of Immigration Reform).

a. The Australian Government determines the Visa Criteria, which may be in legislation, regulations or policy, for the determination of validity, Grant and refusal of Visa Applications. The information provided by the Visa Applicant, sponsor, nominator, and/or third parties must be assessed against the Visa Criteria to determine whether they are met.

b. There are specific Visa Criteria for each category of Visa and these Visa Criteria are established by the Australian Government to meet Australia's national interests and other needs.

c. The policies and legislation governing migrant selection are applied equally to all Visa Applicants.

d. Some assessments required in Visa processing are ‘objective’, for example, certain Visas have eligibility Visa Criteria such as a minimum age, which a Visa Applicant either meets or does not meet. Other, ‘subjective’ Visa Criteria can require substantially more judgement to determine, for example, whether a Visa Applicant genuinely intends to travel to Australia for the purpose they have stated in their Visa Application. It is clear that there is capability in the market to automate objective assessments and that some subjective assessments can be disaggregated into objective components, that could also be automated.

e. Currently, each Visa subclass has its own Visa Criteria for Visa Application validity and Grant of a Visa to a Visa Applicant. By meeting these Visa Criteria, Visa Applicants are able to demonstrate the genuineness of their intention and capabilities to travel or migrate to Australia for the purpose associated with the Visa, such as for work, family, tourism or study.



f. There is also a range of Visa Criteria common across many Visa subclasses. These are administered through the use of PIC, such as health, character, security and values criteria. PICs ensure that prior to Grant of a Visa, key aspects of public policy and risk mitigation are considered. A link to the PICs is available in Attachment E – Reference Document.

g. Visa Criteria for the Grant of Shorter term validity Visas include core Visa Criteria relating to the Visa Applicant’s health, character, identity, security, values and genuineness.

People who might be excluded from entry on character grounds, for example, include criminals or associates of criminal organisations, war criminals and any person likely to vilify a segment of the community.

h. Other Visa Criteria to be determined at the time of Decision apply to implement the specific requirements of each Visa type. For example, some Visas may require a person to have specific educational or employment qualifications. Some of the assessments that are conducted to determine whether Visa Criteria are met include assessments of:

• health insurance;

• enrolment in an educational institution;

• professional/academic qualifications;

• employment skills/experience;

• adequate means of support;

• immigration history;

• sponsorship/nomination;

• debt to the Commonwealth;

• code of behaviour;

• family composition and other relationships;

• genuine intention to visit Australia for a purpose commensurate with the Visa type;

• national interest;

• fraud; and

• the best interests of the child.

3.6.13. The requirements for assessment can also be informed by Ministerial Guidance. An example of the guidance currently provided to Visa Decision makers is provided in the Data Room.



3.7. Decision making

3.7.1. Informed by the assessment of Visa Applicants within the Visa Application against the Visa Criteria, a Decision needs to be made whether to Grant or refuse the Visa. The Decision is communicated to the Visa Applicant, or their authorised recipient, in line with legal requirements. In some cases, the Visa Applicant seeks review of the Decision and the Department must transfer the required information about the case to a review body, such as the Administrative Appeals Tribunal.

3.7.2. The GDP includes making automated determinations to Grant a Visa based on rules determined by the Department. The GDP will take into account the assessments made against Visa Criteria and any other information required by the legal or other rules.

3.7.3. Where the business rules for an Auto Grant have not been met, the GDP will refer the Visa Application to a Departmental officer to make a manual Decision. The

# Bundle Requirement Criticality FR28 The GDP will have the capability to assess and where possible decide Visa

Applications lodged. The GDP will: a. be able to process all the Visa Applications lodged. Initially this will be for

the purpose of temporary work, study, tourism and other visits in Australia; b. be able to process all sponsorship and nomination Visa Applications; c. apply business rules as determined by the Department and interface with the

Department’s risk and identity management systems; and d. apply the Visa Criteria for Grant of the Visa / sponsorship / nomination to the

information provided by the Visa Applicant. Assessments that may be required include, but are not limited to, those listed in this Part 3 – Statement of Requirements . Note The Department will retain policy determinations over Visa classes, Visa Criteria, processes and information requirements. The Department will retain Visa processing functions over some specific or sensitive Visa products types (such as those seeking Australia’s protection). The Department will retain all security checking functions.

Essential

FR29 The GDP should have the capacity to assess each of the Visa Criteria associated to each Visa Applicant contained in the Visa Application, which may include assessments of subjective Visa Criteria to the greatest extent possible within the bounds of lawful Decision making. The GDP will need to use the information in Departmental systems, as well as the information acquired under FR23, FR24 and FR25, to assess whether the Visa Applicant meets the Visa Criteria, which require subjective assessment. The outcomes of assessment against each Visa Criteria would inform the determination of whether to Grant or refuse the Visa Application. The Department will retain Decision making sovereignty for all Visas. Decisions made automatically on the GDP will be based on rules determined by the Department and manual Decisions will be made by the Department. The determination and reasoning would need to be recorded and available for Quality Assurance processes. Assessments that may be required include, but are not limited to, those listed in this Part 3 – Statement of Requirements.

Highly Desirable



GDP will need to provide the necessary information and the interface for the officer to make, record and provide their Decision back to the GDP.


FR30 Where possible, and in accordance with Departmental business rules, Visa Applicants eligible for Grant of a Visa will be automatically decided in the GDP.

The GDP will:

a. Auto Grant complete Visa Applications, with appropriate risk ratings, in accordance with Visa Criteria set by the Department;

b. provide the capability to undertake a delayed Auto Grant process. Once any manually assessed subjective Visa Criteria or health assessments have been completed and the outcomes recorded, the GDP will continue with the automated Decision process;

c. identify complex cases which will require manual Decision making; and

d. record the assessment Decision and where it is a Grant, the associated permissions and conditions.

Essential

3.8. Post-Decision

3.8.1. The GDP scope includes a number of functions after a Decision has been made on a Visa Application. These include:

a. notification;

b. facilitation of Decision reviews and dispute resolution; and

c. compliance management activities.

3.8.2. All Visa Applicants receive notification of the outcome of their Visa Application in accordance with legal requirements. This notification is usually provided by email or mail. Following the Grant of the Visa the Client will be able to access the GDP to check the conditions associated with their current Visa. Third party organisations (such as educational providers or employers) and other government agencies (such as the Commonwealth Department of Human Services) will be able to check certain conditions associated with a Client's current Visa.

3.8.3. If the Visa Application is refused, the Visa Applicant may pursue merits and/or judicial review of the Decision and the Department must provide certain documents to the review body. The Department must be supported by the successful provider to meet these obligations, including by providing evidence to review bodies, as required. For example, evidence of systems operations.

3.8.4. Compliance activities are designed to ensure that Visa holders and sponsors abide by the conditions and obligations associated with the Visa. This includes, for example, ensuring that Visa holders either depart Australia or apply for another Visa



before their current Visa expires, ensuring that only those with work rights are employed in Australia, and ensuring that sponsors maintain proper working conditions. After the Grant of a Visa compliance activities include periodically monitoring, re-assessing and engaging Visa holders on any conditions. The GDP will make Visa holders aware of their obligations and ‘nudge’ them towards self-compliance and resolution. This scope does not extend to taking enforcement, investigation or any other actions, which will remain the Department's responsibilities.


FR31 The GDP will facilitate the transfer of any required information about a case available to review bodies, including tribunals and courts, when a Visa Applicant appeals a Decision.

Essential

FR32 The GDP will provide a service to communicate with Clients to encourage voluntary compliance with their Visa conditions.

The GDP will:

a. be able to determine that a Client who has an in effect Visa which is about to expire and provide a notification (by SMS and / or email) advising of what steps they need to undertake to ensure they are able to enter and / or remain in Australia; and

b. provide general reminders about the Client’s Visa permissions and conditions.

Highly Desirable

FR33 The GDP should be able to identify changes in the Visa holder’s status, as recorded in the system, or information provided by other sources, that breaches the conditions (such as non-attendance at a course of study) on the Client’s Visa.

Desirable

FR34 The GDP will refer identified cases of non-compliance to the Department as soon as they are identified.

Desirable



4. Non-functional Scope and Requirements of Bundle 1

4.1. Overview

4.1.1. The successful provider will need to incorporate a number of non-functional requirements within its implementation and future innovation of the GDP. These non-functional requirements are important to delivering a Service that is designed with the Department’s key objectives present at each stage of end-to-end Visa delivery services.

4.1.2. The requirements set out below are shown in their relative importance in the 'Criticality' field, and span service delivery, interfaces, and the specific legal and security requirements required by a Platform designed to deliver the critical Government service of Visa processing. They are a frame within which the Department invites the successful provider to engage in true innovation, and work in partnership with the Department to transform the Visa business. A description of the relative importance for each requirement is set out at section 3.1.2.

4.2. Differentiated, including premium service delivery

4.2.1. Particular segments of Visa Applicants may require a differentiated service offering during the end-to-end Visa delivery process. Segmentation of Visa Applicants may occur on the basis of a Visa Applicant’s specific need (geographic, product-specific, etc.), or it may rest on the value of the Client to a specific industry or Visa product.

4.2.2. The GDP’s end-to-end service offering must be able to provide differentiated Client experiences, based on both the specific need and value of these Clients. This can include premium service offerings for high-value Clients, to intensive support for Visa Applicants with specific needs that render the standard Visa Application and assessment process inappropriate.


NFR1 The GDP will provide at least two differentiated service offerings throughout the end-to-end Visa process. These might include differentiated service offerings for high-needs Clients, as well as premium service offerings for high-value Clients.

Highly Desirable

4.3. Availability of Services

4.3.1. The GDP will require the development of a number of user interfaces for the purposes of interacting with Clients, Departmental staff members, other governmental agencies, and other external market providers involved in the Visa processing and assessment service offering.

4.3.2. User interfaces developed to operate within the GDP will include channels for the following stakeholders:

a. Visa Applicants and their representatives;

b. sponsors (both individuals and organisations);

c. market providers of premium Visa services;

d. market providers of subjective assessment services;



e. market providers of health assessment services;

f. market providers of other services undertaken on behalf of the Department (such as biometric collection);

g. other third party organisations (such as educational providers or employers) who are required to view or provide information relating to a Visa holder;

h. Departmental officers, including Decision makers in the event that the GDP is unable to make an automatic determination of Visa status; and

i. partner agencies as permitted by a Memoranda of Understanding between the Australian Government (including the Department) and those agencies.

4.3.3. In order to ensure a seamless user experience across each of these stakeholder grounds, the user interfaces of the GDP must be accessible to all users on a continuous basis, regardless of channel, language and/or geography. The GDP must also provide an outstanding level of usability, including appropriate performance and response times, particularly during peak periods, and global IT and user support.


NFR2 The GDP will need to support a global Client base accessing the system on a 24/7 basis. Essential

NFR3 The GDP will need to have appropriate performance and response time to meet projected volumes and peak volume periods.

Essential

NFR4 The GDP will provide user response times that meet usability requirements and user expectations of system performance.

Essential

NFR5 The successful provider will ensure the GDP has 24/7 user and IT support. Essential

NFR6 The GDP will ensure Clients and other users have a seamless experience with the Platform. Essential

NFR7 The GDP will provide functions and capabilities which will be available across a range of equipment and devices (including mobile) and operating services.

Essential

NFR8 The GDP will need to have continuous availability with availability of 99.99 per cent and no un-scheduled outages.

Highly Desirable

4.4. Systems Interfaces – Integration with the Department

4.4.1. The end-to-end nature of Visa service delivery necessitates a number of points of integration between the GDP and the Department, which span lodgement of Visa Applications through to Decision making and post-Decision actions.

4.4.2. The integration between the GDP and the Department’s existing and future capabilities across Visa service delivery is envisaged to leverage a set of APIs



developed and implemented by the Department. These APIs will be designed to provide enterprise level capabilities that will be required to facilitate the processing of Visa Applications as well as providing data and results into the Department’s enterprise systems (see Part 2 – Overview of Immigration Reform, in particular sections 2 and Figure 3 and Attachment D: Overview of Current State for an overview of the current state). The APIs will be designed based on Departmental requirements as well as inputs from this REOI process.

4.4.3. The APIs will cover a range of domains and functions, including the following:

a. Identity and biometrics

• Resolve Identity API – This will allow the GDP to ensure data and images meet minimum standards required and send biometric and/or biographic data to the Department’s Identity and Biometrics platforms for the purpose of identity resolution. The API will return a resolved identity record for use.

• Provide Biometric/Identity Data API – This will allow the GDP to ensure data and images meet minimum standards required and provide collected biometric or identity data to the centralised identity platform.

• Receive updated Identity Data API – This will provide updated Identity data to the GDP.

• Search Identity API – This will allow the GDP to search for an identity in the centralised identity repository.

b. Visa

• Retrieve Visa History API – This will allow the GDP to retrieve a Client’s full Australian Visa history and border movements.

• Retrieve Visa Status and Conditions API – This will allow the GDP to retrieve a Client’s current Visa status and conditions.

• Store Visa Decision API – This will allow the GDP to provide Visa Decision information to the Visa Decision repository.

c. Risk and threat

• Request Risk Check API – This will allow the GDP to request a risk check for a Client or Visa Application.

• Receive Risk Results API – This will provide the GDP with any Visa Applicant(s) or Visa Application related risk results from any triggered risk checks.

• Receive Treatment Advice API – This will provide the GDP with any required treatment actions in relation to a Visa Applicant(s) or Visa Application that need to be administered as part of the Visa process.



d. Information and reporting

• Provide Application Information API – This will allow the GDP to send the full set of captured Visa Application data to the Department’s enterprise information/reporting systems.

• Store Documents API – This will allow the GDP to send any documents captured or generated to the Department’s enterprise record keeping systems.

• Retrieve Documents API – This will allow the GDP to retrieve any documents linked to a Visa Application from the Department’s enterprise record keeping systems.

• Retrieve Single View of Entity data API – This will allow the GDP to retrieve information captured by the Department for an entity.

• Provide Entity Data API – Will allow the GDP to store any relevant outcomes or information, both negative and positive, identified through the Visa Application process.

e. Health

• Refer for Health Check API – This will allow the GDP to refer a Visa Applicant, where required, to the Department’s health application for a medical check.

• Receive Health Check Results API – This will provide results of a Health check to the GDP.

f. Financial

• Provide Payment Information API – This will allow the GDP to provide details of financial transactions to the Department for reconciliation and reporting purposes, including VACs.


NFR9 The GDP will interface with Departmental systems to provide and receive information from enterprise threat, identity and biometric capabilities that inform the level of risk and rigour to be applied. Information, including about lodged and assessed Visa Applications (including supporting evidence), will need to be provided to Departmental systems, to enable record keeping, reporting, financial reconciliation, performance management and other compliance functions.

Essential

4.5. Additional Government Agency Integration

4.5.1. Departmental systems share information with various domestic Government agencies, such as Department of Human Services, Department of Social Services, and Australian Tax Office.




NFR10 The GDP will interface with other government agency systems to facilitate the assessment of Visa Applications and provide information to other agencies to support downstream processes.

Essential

4.6. Interface with Other Market Providers

4.6.1. The GDP must have the capability to integrate with other market providers, in order to manage the end-to-end Visa service delivery offering. The primary types of interfaces will be:

a. requesting and receiving the results of additional and/or specialist assessments, such as health assessment;

b. enabling third party providers (such as universities or client enquiry services) to verify the Visa status or entitlements of a particular Visa holder;

c. enabling third party providers (such as airline booking services) to complete certain Visa Applications on behalf of Clients as part of a broader travel booking process; and

d. additional functional requirements for non-health assessments and others to be determined by the Department.


NFR11 The GDP will provide the capability and interface to enable registered third party organisations (such as employers or educational institutions) to use their own systems to enable them to verify a Visa holders entitlements (e.g. work or study) or provide relevant information.

Essential

NFR12 The GDP will provide an interface which will enable Clients using the online services of third party providers (such as travel agents or airline booking services) to arrange and book travel, to additionally seamlessly facilitate the organisation and completion of some Visa Applications for those Clients as part of their booking process. This same seamless Visa Application process will also apply when the Client is interacting face to face with staff from these third party providers.

Essential

NFR13 Interface with key systems belonging to other solution providers (including providers who will be conducting human based assessment) to enable them to:

• undertake a number of additional functions on behalf of the Department. This may include biometrics acquisition, completing a health assessment, verification of a Visa Applicant’s identity or the validation of information.

• either use their own systems which will interface with the GDP, or based on security access controls, have access to the GDP to enable them to record the outcomes of their activities.

Highly Desirable

4.7. Flexibility

4.7.1. The GDP should be able to implement changes needed, including those related to policy settings and legislation, in an effective and efficient way. It will support the Visa business to be flexible and responsive to evolving international environment and business requirements and Government policy, including enhancing Australia’s ability to adapt to specific market needs and skills shortages. Therefore, the



technology should be modular and will be flexible, adaptable and able to be cost-effectively modified as required.


NFR14 The successful provider will enable the GDP to adapt to Visa policy changes across assessment, Decision making, and Visa product types. This will be done in a cost-effective and timely manner.

Essential

NFR15 The successful provider will ensure that flexibility is delivered by adopting a modular approach to business and technology systems and architecture, which enables changes to business rules and parameters in the Visa Application, without changes to the underlying code.

Essential

4.8. Business Continuity

4.8.1. The success of the GDP rests on its ability to deliver end-to-end Visa services for Visas within a multivariate operating environment. The GDP will be able to withstand external pressures and unforeseen events in order to provide a truly global platform to deliver Australia’s universal Visa requirement. The successful provider will therefore plan for contingencies and other events that may impact on the operation of the GDP.


NFR16 The successful provider will develop and provide an overarching Crisis Management Plan which will include a Business Continuity Plan and a Disaster Recovery Plan.

Essential

4.9. Whole of Government approach

4.9.1. The successful provider will be able to maximise opportunities for whole-of-government approaches; the Platform will be built with information sharing principles included in the design while also aligning with Government priorities.

4.9.2. These priorities include facilitating common Client experiences across services, and relevant standards and initiatives such as those set by the Digital Transformation Agency. The GDP will also demonstrate an approach that upholds Government digital and information sharing principles and standards.


NFR17 The successful provider will ensure that the GDP build aligns with whole-of-government approaches to Client services, information-sharing principles and other relevant Government priorities.

Essential

NFR18 The successful provider will need to participate in Departmental Quality Control and Quality Assurance processes.

Essential

4.10. Audit and Reporting

4.10.1. The Department reports on Visa data for a wide range of governmental and operations and programme management reporting purposes. The GDP will need to



be able to support easy-to-use and sophisticated reporting that meet not only the Department’s own operational reporting requirements but also the Department’s reporting requirements to Government on a range of subjects, including providing the reasons for the outcome of an assessment or Auto Grant and providing information and access to premises for audit purposes.


NFR19 The successful provider will need to be able to receive information into the GDP and provide data to the Department in a timely manner, and where required to other providers and stakeholders. This data must be provided in real time in the case of Visa Applicant personal information and assessment status. All recording of information and reporting must be provided in English, regardless of the language in which Visa Applications are lodged. When information is entered by the Visa Applicant in a language other than English, both the original and the translation must be recorded.

Essential

NFR20 The GDP will enable full auditing of actions taken over the life of the Visa processing, including the outcome of each assessment and the business rules followed, and including the reasons for an Auto Grant. The GDP will have effective system's errors detection and prevention controls.

Essential

NFR21 All information relating to each Visa Application will be available to all people involved in assessing the Visa Application.

Essential

4.11. Transition Requirements

4.11.1. The transition approach for Shorter term validity Visas from the current set of platforms to the GDP will need to take into account the following considerations:

a. all new Visa Applications will be lodged and processed using the GDP;

b. pre-Decision Visa Applications, lodged but not finalised, will be processed and decided on the existing platforms;

c. there will be some level of data migration required for user account information and potentially Visa Applications data that is still in draft and not lodged with the Department; and

d. historical information about Client interactions with the Department, and previously granted Visas which would be made available to the GDP via an API.

4.11.2. The transition approach will be designed further during this REOI process.


NFR22 The GDP will provide a seamless user experience to Clients during and after transition, so the GDP design will need to consider how the GDP co-exists with the current set of Visa systems which may still be providing services for the longer term validity Visas and citizenship caseload or portions of the temporary caseload as the GDP is iteratively implemented.

Highly Desirable

NFR23 The GDP will have the capability to import existing online account information from Departmental systems.

Highly Desirable



4.12. Data and Systems Security Requirements

4.12.1. The GDP will collect and verify a significant amount of data in the course of delivering an end-to-end Visa delivery service. This data will contain the sensitive personal information of Visa Applicants, who will in turn be assured that this data is stored securely. All information, including management information, will therefore need to be collected, stored, accessed, disposed, shared and analysed in line with Australian Government requirements and law relating to the collection, storage and disclosure of data. All information, including management information, will be owned by the Australian Government and stored by the successful provider in Australia.




NFR24 The successful provider will need to maintain appropriate data security and privacy mechanisms for the GDP and will need to comply with the relevant legislation, associated policies and security requirements. The system design will ensure that only those with appropriate authority are able to access the information stored on the system. The GDP will comply with the following security requirements:

• As a minimum, the Visa information must be treated as official information and handled and stored according to the Protective Security Policy Framework (PSPF). Details of the PSPF can be found at the following link: https://www.protectivesecurity.gov.au/Pages/default.aspx

• The Visa information must have a security control baseline applied as per the Information Security Manual (ISM). Details of the ISM can be found at the following link: https://www.asd.gov.au/infosec/ism/index.htm

• Data and information obtained as part of the Visa Application lodgement and assessment processes will be classified, based on the PSPF, as either UNCLASSIFIED – Sensitive: Personal (bulk of data collected) or PROTECTED – Sensitive: Personal (small percentage of data collected). Based on the classification of the data it will need to be stored and protected appropriately as per the ISM.

• Data and information obtained as part of the Visa Application lodgement and assessment processes will be subject to requirements in the Privacy Act, the Migration Act, and the Australian Border Force Act, including access, use and disclosure restrictions.

• The successful provider's personnel and subcontractors must have a direct business 'need to know' before accessing any information, including viewing or searching system records. All system transactions must be directly linked to the role being performed.

• All data, information and any supporting documentation collected from Clients or third party organisations acting on the Department’s behalf as part of Visa Application lodgement and assessment is deemed, under the PSPF and ISM, to be official information and as such, must be held and stored in Australia.

• To meet the ISM requirements for the protection of information, Agencies must only use outsourced cloud services, listed on ASD’s Certified Cloud Services List (CCSL). These certified cloud services are located in Australia.

• If the GDP includes cloud services or data centres, comply with the following Commonwealth policies (in addition to ISM and PSPF):

• gateway certification by the Australian Signals Directorate (ASD);

• IT security audit by a certified Information Security Registered Assessors Program (IRAP) assessor;

• security vetting of staff in accordance with the PSPF and undertaken by the Australian Government Security Vetting Agency (AGSVA);

• ASIO-T4 protective security audit of data centre by the Australian

Essential



4.13. The successful provider will be required to turn its mind to the following technical considerations:

4.13.1. Security classified information - the successful provider will be required to ensure that:

a. it does not, and does not permit any of its personnel or subcontractors, to access security classified information unless the individual concerned has a security clearance to the appropriate level and the need-to-know, and will prevent access by any such individual whose security clearance has lapsed or been revoked or who no longer requires such access;

b. it notifies the Department immediately upon becoming aware of any unauthorised access to security classified information and the extent and nature of that access (whether incidental or accidental access, or by any of its personnel or subcontractors), and it complies with any reasonable directions of the Department in order to rectify the security incident; and

c. it stores and handles, and ensures that its personnel and subcontractors store and handle, security classified information and resources in premises and facilities that meet the minimum standards set by the Commonwealth for storage and handling of such information and/or resources, as applicable, of the relevant security classification level.

4.13.2. Official Information - the successful provider will be required to ensure that:

a. if and when requested by the Department, it, its personnel and subcontractors, promptly execute a declaration of interest and deed of non-disclosure, in a form reasonably required by the Department, relating to the use and non-disclosure of official information;

b. it promptly notifies and discloses to the Department any conflict of interest affecting it, its personnel or subcontractors, that may impact on security in the performance of the successful provider's obligations with respect to official information;

c. it promptly informs, and keeps informed, its personnel and subcontractors in respect of all the Department’s security requirements, and the security obligations of the

Security Intelligence Organisation (ASIO); and

• 'Strategies to Mitigate Targeted Cyber Intrusions' by ASD.

• As the GDP will process payments for Visa Applications, the system will need to comply with the PCI DSS standard.

• Under the Archives Act 1983, Administrative Functions Disposal Authority (AFDA), system logs which are used to show a history of access or change to data (eg system access logs, internet access logs, system change logs and audit trails etc) must be retained for 7 years.

• Security logs must be retained for a minimum of three (3) months onsite and archived for seven (7) years offsite in accordance with Archives Act 1983. Access to security logs during this time must not be gained except by authorised persons.



successful provider, including that the obligation to maintain confidentiality of official information is ongoing;

d. it and its personnel and subcontractors, have and use systems, that meet the designated information security standards under the Australian Government Information Security Manual, for the electronic processing, storage, transmission and disposal of official information;

e. it, and its personnel and subcontractors, notify the Department immediately of any actual or suspected security incident, security infringement, security violation or security breach, including where it may impact upon the provision of the Services, or official information held by or in the control of the successful provider;

f. it, and its subcontractors, delete all official information from their respective ICT systems; and

g. it returns all Department resources and assets to the Department, except to the extent that the Law requires it to be retained by them, in which event the retained information, resource or asset continues to be subject to all security requirements.

4.13.3. Security Clearance - The successful provider will be required to ensure that for those parts of the solution or data (which is deemed to be official information) which are held and administered Onshore in Australia, that:

a. each of its personnel and subcontractors hold and maintain a security clearance at a minimum level of “Baseline”, (Negative Vet 1 (NV1) in some cases), as required;

b. where the Department requires, each of its Personnel and subcontractors hold and maintain an Employee Suitability Clearance (ESC) issued by the Department; and

c. it is responsible for all costs associated with obtaining and maintaining security clearances for its personnel and subcontractors.

4.13.4. Department Data and Department Material - the successful provider will be required to ensure, and will be required to ensure that its subcontractors and Personnel:

a. comply with all security requirements applying to Department data and/or Department material in respect of access to and use of Department data and/or Department material, as specified in this REOI, in addition to any obligation under Law;

b. notify the Department immediately and comply with all directions of the Department if any of them become aware of any contravention of the Department’s security requirements in relation to Department data and/or Department material;

c. not remove Department data or allow Department data to be removed from the Department’s premises without the prior written consent of the Department;

d. not take Department data and/or Department material or allow Department data and/or Department material to be taken outside of Australia, without the prior written consent of the Department; and

e. report to CERT Australia, and the Department , any breaches of ICT system security that do not involve official information.



4.13.5. The Department recognises the benefit of being open to ways of working that meet national security requirements while allowing providers access to global assets and expertise that are best suited to the design, implementation, and operation of the GDP. For example, development teams with no exposure to information pertaining to national security interests may be located offshore. Sufficient safeguards and processes would need to be agreed prior to these ways of working.

4.14. Other Commonwealth and Departmental-specific Requirements

4.14.1. The GDP and the end-to-end Visa service delivery must be delivered in accordance with relevant legislative and policy requirements. The Department has identified the below non-exhaustive list of key legislation and policy relating to the GDP and the end-to-end Visa service delivery for this REOI. Commonwealth legislation is subject to change.

a. Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth);

b. Australian Citizenship Act 2007 (Cth) and Australian Citizenship Regulations 2007 (Cth);

c. Freedom of Information Act 1982 (Cth);

d. Australian Border Force Act 2015 (Cth) and its associated Rules and Determinations;

e. Privacy Act 1988 (Cth);

f. Archives Act 1983 (Cth);

g. Electronic Transactions Act 2011 (Cth);

h. Cybercrimes Act 2001 (Cth);

i. Administrative Decisions (Judicial Review) Act 1977 (Cth);

j. Australian Government’s Protective Security Policy Framework (PSPF);

k. Australian Government Information Security Manual (ISM);

l. National Identity Security Strategy (NISS);

m. Australian Signals Directorate (ASD) Top 4 Strategies;

n. Australian Security Intelligence Organisation (ASIO) T4 Protective Security Standards;

o. Information Security Registered Assessors Program (IRAP);

p. the Department’s Cyber Security Statement and IT Security Requirements; and

q. Whole of Government cyber security requirements and obligations.



5. Commercial requirements of Bundle 1

5.1. Dimensions of the commercial model

5.1.1. Overview

a. The purpose of this Part 3 – Statement of Requirements, Section 5 is to:

• outline the key features of the commercial model, including:

- those features that are intrinsic to the commercial model that the Department is seeking and is unlikely to change unless there is a compelling reason to do so;

- those features that are still under consideration by the Department and will be influenced by a range of factors including market feedback and the underpinning commercial viability of the project;

• provide an opportunity to the market to comment on the commercial model, including any additional features that the market considers should influence the development of the commercial model.

b. One of the key mechanisms for delivering on the value drivers underlying the GDP will be the commercial model, by ensuring that the successful provider is adequately prepared for:

• adopting a user-pays commercial model that means the design, implement and operate costs of the new Platform are met by the successful provider and recouped from clients and commercialisation opportunities without undermining Australia’s international competitiveness and/or creating an unacceptable risk for Government;

• increasing the efficiency of processing each Visa Application (without sacrificing the quality of the Decision or the service standard to the Client) by increasing the level of automation in Visa processing, digitising processing functions that are currently manual, slow and costly and providing self-service capabilities for Clients to avoid higher-cost channels; and

• developing commercialisation opportunities to unlock value in existing or new assets in the Visa business that would be shared with the Commonwealth, including by defraying a portion of the cost of Visa delivery.

c. As such, an important part of an EOI will be to provide comments on key elements that will impact the commercial model and identify appropriate commercial model(s) to deliver this business.

5.2. Key elements of the Commercial Model

5.2.1. The following features are intrinsic to the commercial model the Department is seeking. The Department is unlikely to change its position on these features unless there is a compelling reason to do so:

A. Implementation cost and finance, pricing and performance – User pays: The successful provider will finance the Implementation costs of the GDP and recoup its costs through user charges that are minimised through commercial value added services.



B. Asset ownership - data: The Department will retain ownership of data arising out of the operation of Bundle 1.

C. Commercialisation opportunities – The Department anticipates that the successful provider will seek to develop commercialisation opportunities that will unlock value in existing or new assets in the Visa business that would be shared with the Commonwealth, including by defraying a portion of the cost of Visa delivery.

5.2.2. Features under consideration: There remain a number of features of the commercial model that are still under consideration by the Department and will be influenced by a range of factors including market feedback and the underpinning commercial viability of the GDP. The Department seeks responses in Part 7 – REOI Response Form on the following topics:

• aspects of the user pays model, including:

A. Operation of the model

B. User pays model and volume risk

C. User pays model experience

• aspects of the Implementation costs;

• Financing implementation of GDP

• Performance management

• Charging framework

• Asset ownership

• Risk-sharing

• Contract term

• Proposed holistic commercial model or models

• Commercialisation opportunities

• Examples of commercialisation opportunities

5.2.3. Further information on the specific questions the Department is seeking is included in Form 4A: Response to Evaluation Criterion 3: Commercial Model of Part 7 – REOI Response Forms.

5.3. Pricing

5.3.1. Overview

a. This Part 3 – Statement of Requirements, Section 5.3, is designed to elicit Respondents estimates on specific components of Bundle 1. This pricing information will not be evaluated as part of the REOI process, however, Respondents are strongly requested to provide this information in order to assist the Department in obtaining the necessary information to support Government decision making from December 2017.



b. The Department understands that the estimates provided in this Part 3 – Statement of Requirements, Section 5.3 are indicative and non-binding. The Department also recognises that further detail would be required to be provided for Short Listed Respondents to be in a position to provide binding pricing offers as part of any subsequent RFT. When responding to the requests below, Respondents should consider what information they would require in order to be in a position to provide a binding pricing offer as part of any subsequent RFT or other subsequent procurement process should they be Short Listed and outline this information in Pricing input 4 in Part 7 – REOI Response Forms.

c. When providing estimates, Respondents should also provide all underlying assumptions. Where there is uncertainty due to the current state of the design and/or requirements definition, Respondents should reflect this in the assumptions and pricing.

5.3.2. User charges for Bundle 1

a. As described earlier, the Implementation costs and Operational costs of the GDP will be recovered by the provider through commercialisation opportunities and a minimised user charge on Shorter term validity Visa Applicants.

b. The Department is seeking Respondents' estimates for Implementation costs, Operational costs and required rate of return on the assumption that the solution meets all the Essential requirements and Highly Desirable requirements outlined in Part 3 – Statement of Requirements, Section 2 as further detailed below.

c. Estimates for Shorter term validity Visa volumes to be processed via the GDP, together with indicative timeline for GDP design, implementation and operation are shown in Figure 3 below. Note that volume figures are based on Departmental forecasts, informed by the Department’s Chief Statistician and other subject matter experts. They represent current forecast only, and may change.



Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY281 Estimated GDP-processed Shorter term validity Visa volume (millions)

- 2.48 5.15 8.02 11.07 11.44 11.82 12.19 12.56 12.96

Design phase Implementation phase

Operation phase Figure 3 – Estimated GDP-processed Shorter term validity Visa volumes (millions) and timeline (in green) for design,

implementation and operation

5.3.3. Real Implementation costs

a. The Department requires an estimate of the Real Implementation costs to implement the GDP. This should be fully costed on the basis that GDP implementation has been outsourced to the Respondent as the provider. Further, it should be assumed that the features of the GDP meet the Essential requirements and Highly Desirable requirements as outlined in Part 3 – Statement of Requirements, Section 2. In determining the Implementation costs, Respondents should consider key cost items including profit margin, overhead costs, technology, people, tools, property and travel. The estimate should consider the entire business cost, not just technology, and be for fully costed scope, design and build in today’s dollars (FY18). These costs should be exclusive of any costs of financing the scope, design and build of the GDP.

b. Respondents should provide their estimate by filling out all components of Pricing input 1, as requested in Part 7 – REOI Response Forms by specifying the breakdown of cost by year of implementation, key components, and underlying assumptions, such as the resource requirement of the Department. Respondents should respond in the template spreadsheet provided detailing their calculations.

5.3.4. Real Operational costs

a. The Department requires an estimate of the Operational costs of running Bundle 1. This should be determined on the basis that GDP operation has been outsourced to the successful provider. Respondents should provide an estimate by filling out all components of Pricing input 2, as requested in Part 7 – REOI Response Forms by specifying the breakdown of cost by year, key components and underlying assumptions, such as profit margin and overhead costs. Respondents should respond in the template spreadsheet provided, detailing their calculations. Again, the

1 FY28 forecast growth rate is based on the average growth rate for FY 24-27.



Respondent's estimate should consider the entire business cost, not just technology, and be for fully costed implementation in today’s dollars (FY18).

5.3.5. Required rate of return

a. As requested in Pricing input 3 in Part 7 – Response Forms, Respondents should provide a post-tax rate of return for financing the Implementation costs of the GDP. This should be the Respondent's Weighted Average Cost of Capital (WACC) for the solution which takes into account the gearing ratio, cost of debt, cost of equity, and reflects the risks associated with the solution for each of the six scenarios listed in section 5.3.5c. Respondents should state all of these as requested in Pricing input 3 in Part 7 – Response forms. Respondents should respond in the template spreadsheet provided.

b. Respondents should provide a summary of the key risks that they anticipate, as requested in Pricing input 3 in Part 7 – Response Forms, along with the steps they propose to mitigate those risks. Respondents should respond in the template spreadsheet provided.

Accordingly, Respondents should provide their required post-tax rate of return for each of the six scenarios listed in section 5.3.5c when all those risks are mitigated as requested in Pricing input 3 in Part 7 – Response Forms.

c. When providing its estimates, Respondents should respond to the following six scenarios:

Scenario 1a: Risks are retained by successful provider, contract length is 7 years

Scenario 1b: Risks are retained by Government, contract length is 7 years

Scenario 2a: Risks are retained by successful provider, contract length is 10 years

Scenario 2b: Risks are retained by Government, contract length is 10 years

Scenario 3a: Risks are retained by successful provider, contract length is your preferred length

Scenario 3b: Risks are retained by Government, contract length is your preferred length

Note: contract length should include design, implementation and operation phases. Please state your preferred contract length for use in scenarios 3a and 3b.

5.3.6. Information required for subsequent RFT pricing

a. As noted earlier, the Department expects additional information would be required to be provided for Short Listed Respondents to be in a position to provide binding pricing offers as part of any subsequent RFT. Respondents should outline in Pricing input 4 in Part 7 – REOI Response Forms the information they would require in order to be in a position to provide a binding pricing offer as part of any subsequent RFT or other subsequent procurement and why.



5.3.7. Further information on the specific questions the Department is seeking is included in Form 4B: Response to Pricing Information Request of Part 7 – REOI Response Forms.




FOR


DIBP REOI 22/17-B1

PART 4 – OVERVIEW OF REOI PROCESS



Table of Contents 1. Overview of this process ................................................................................................................. 3

2. Phase One: Paper-based responses to Request for Expression of Interest ...................................... 4

3. Phase Two: Scenario Based Design and Evaluation ....................................................................... 5

4. Phase Three: Co-design process ..................................................................................................... 7

5. Phase Four: Pre-qualified Request for Tender .............................................................................. 11



PART 4. OVERVIEW OF REOI PROCESS

1. Overview of this process

1.0. REOI aims

1.0.1. The aim of this REOI is to:

a. gather information to be used to inform Government decisions;

b. test the interest and capabilities of Respondents to partner with the Department in a long-term commercial arrangement to provide the Services, including to design, implement and operate the Global Digital Platform (GDP), and offer value added services to users;

c. develop and refine detailed requirements for the Services and inform a proposed Request for Tender or other procurement process, subject to Government funding approval and the passage of any necessary legislative amendments;

d. identify potential Respondents to Short List for a subsequent Request for Tender process (if any).

1.0.2. This REOI is seeking Expressions of Interest in relation to the Services as described in Part 3 – Statement of Requirement.

1.1. Key phases of this REOI process

The REOI process for Bundle 1 is anticipated to run from September 2017 to June 2018. Key phases of the REOI process are shown in the figure below:

Figure 1: Key phases of the REOI process

1.1.1. Figure 1 sets out the indicative timetable for the REOI process. The Department may vary the timeframes at its sole discretion.



1.1.2. As per Figure 1, each Phase of the REOI process will progressively refine and inform the development of requirements for the Services and the Department may Short List Respondents.

1.2. Revisions to the Department’s procurement strategy

1.2.1. In the market consultation paper and market engagement conducted in June – July 2017, the Department outlined a plan to release REOI(s) for Stage A bundles (consisting of Bundles 1 to 4) concurrently. Descriptions of other bundles can be found in Part 2 – Overview of Immigration Reform.

1.2.2. Since this time, the Department has decided to proceed with this REOI for Bundle 1 only, in advance of market engagement for the remaining Stage A bundles (i.e., Bundles 2 to 4).

1.2.3. The Department currently anticipates further engagement with the market for Bundles 2 to 4 will be progressively undertaken up until early 2018. It is currently proposed that market engagement in respect of Bundle 4 would commence in October 2017 and in respect of Bundles 2 and 3 would commence in March 2018.

2. Phase One: Paper-based responses to Request for Expression of Interest

2.0. Overview

2.0.1. Respondents are invited to submit an EOI in response to the REOI.

2.0.2. The objectives of receiving and evaluating EOIs is:

a. allow information to be used to inform future Government decisions;

b. facilitate participation of Short Listed Respondents in Scenario Based Design and Evaluation;

c. test business, technical and commercial requirements with Respondents, as described in Part 3 – Statement of Requirements; and

d. inform and refine detailed requirements for the future business to be used in a subsequent prequalified Request for Tender (RFT) process.

2.1. Evaluation

2.1.1. EOIs submitted in response to the REOI will be evaluated in accordance with the Evaluation Criteria as outlined in Part 5 - Evaluation.

2.2. Short Listing

2.2.1. The Department may use the results from paper-based responses to the REOI to develop a Short List of Respondents for Scenario Based Design and Evaluation.



3. Phase Two: Scenario Based Design and Evaluation

3.0. Overview

3.0.1. Following on from Phase One, Short Listed Respondents may be invited to participate in Scenario Based Design and Evaluation, which is anticipated to take place between December 2017 and January 2018.

3.0.2. Scenario Based Design and Evaluation will be an interactive test of Respondents against the Evaluation Criteria and is designed to achieve the following objectives:

a. further progress and inform business, technical and commercial requirements as described in Part 3 – Statement of Requirements;

b. provide an opportunity for Respondents to demonstrate their ability to develop innovative solutions, including in relation to value-added services and connections to government and commercial information and services for Visa Applicants;

c. enable greater confidence in Respondents’ practical capabilities;

d. enable Respondents to further understand the Department’s requirements;

e. differentiate between Respondents’ abilities to deliver; and

f. if the Department decides to do so, Short List Respondents for Co-design.

3.1. Scenario Scope and Responses

3.1.1. Respondents will be given up to 20 scenarios to respond to. Scenarios will cover all aspects of the Services including business, technical and commercial requirements.

3.1.2. Each scenario is anticipated to be 3 to 5 pages in length and outline the:

a. objectives and rationale of the scenario;

b. how the scenario will be evaluated under the Evaluation Criteria; and

c. specific areas where the Department is seeking innovation from Respondents.

3.1.3. For an indication of the effort required, as part of the Scenario Based Design and Evaluation, each Short Listed Respondent will be required to attend 2 workshops with the Department, each 6 to 7 hours in duration.

3.1.4. The Department may provide supporting information and data on scenarios, such as client volumes, through the Data Room. Refer to Attachment B – Further Material Registration Forms for terms regarding access to the Data Room (including executing the Deed of Confidentiality).

3.1.5. Respondents will have some flexibility as to how they respond to scenarios, but the Department does not expect Respondents to provide lengthy written responses. For example, responses to the Scenario Based Design and Evaluation may include:

a. videos or working prototypes of existing solutions that could be configured to meet the requirements of the scenario;

b. live presentations supported with PowerPoint slides on how a Respondent would approach the scenario; and/or



c. case studies on similar solutions that the Respondent has delivered for other clients.

3.1.6. Respondents may also provide written submissions during Phase Two to support their responses to the Scenario Based Design and Evaluation.

3.2. Timeframes

3.2.1. The proposed timeline for Scenario Based Design and Evaluation is shown below:

Figure 2: Scenario Based Design and Evaluation timeline

Prior to Scenario Based Design and Evaluation commencing

3.2.2. Short Listing: the Department currently anticipates that Respondents will be informed if they have been Short Listed to participate in Scenario Based Design and Evaluation in mid to late November 2017. The Department would provide Short Listed Respondents with a briefing pack for Scenario Based Design and Evaluation (which will include all scenarios) after the Respondent executes a Participation Deed in accordance with Part 4, Overview of REOI process, clause 3.2.3.

3.2.3. Participation Deed: Respondents will be required to execute a Participation Deed, substantially in the form of Attachment C – Participation Deed prior to receiving the briefing pack and attending the briefing workshop for Scenario Based Design and Evaluation. Failure to execute a Participation Deed, substantially in the form of Attachment C – Participation Deed may result in a Respondent being excluded from the REOI process.

3.2.4. Briefing workshop: subject to execution of a Participation Deed in accordance with Part 4, Overview of REOI process, clause 3.2.3, Short Listed Respondents will be invited to attend a single briefing workshop in Canberra, Australia approximately

2017 2018

Nov Dec Jan

20. 27. 04. 11. 18. 25 01. 08. 15. 22.

Providers selected for co-design

DIBP provides feedback on Round 1

Week:

Christmas Break

Providers prepare for Round 1

Briefing Workshop

Short-listedproviders advised

Milestones/ Events

Scenario Workshops: Round 2

Providers prepare for Round 2

Scenario Workshops: Round 1

Evaluation Decision & Approvals

KeyDIBP

InvolvedProvider



one week after being notified they have been Short Listed. During the briefing workshop Departmental subject matter experts will attend and explain the Scenario Based Design and Evaluation process further and address any questions.

Scenario Based Design and Evaluation activities process

3.2.5. Following the briefing workshop, there will be two rounds of workshops with each Respondent, currently anticipated to be held between December 2017 and January 2018. The workshops will be held for each Respondent individually and over approximately 6 to 7 hours each (please note there may be a requirement to travel to Canberra, Australia to attend these workshops).

First round of scenario workshops: the first round of workshops is currently anticipated to be held in December 2017 and will test approximately 10 lower complexity scenarios.

Second round of scenario workshops: the second round of workshops is currently anticipated to be held in January 2018 and will test the remaining scenarios. In addition, Respondents may be invited by the Department to present again on scenarios from the first round workshop, incorporating the Department’s feedback (if any).

3.3. Evaluation

3.3.1. Scenario Based Design and Evaluation will be evaluated in accordance with the Evaluation Criteria as outlined in Part 5 - Evaluation.

3.4. Short Listing

3.4.1. The Department may use the results from Scenario Based Design and Evaluation to develop a Short List of Respondents for Phase Three: Co-design process.

4. Phase Three: Co-design process

4.0. Overview

4.0.1. Following on from Phase Two, Short Listed Respondents may be invited to participate in Co-design, which is currently anticipated to be a period of up to five months, beginning around February 2018 (and ending around June 2018).

4.1. The objectives of Co-design are to: a. further refine and inform requirements in a build-like environment:

i. test commercial, business and technical design through product journeys (including in relation to value added services); and

ii. create opportunity for Respondents to bring innovative solutions to ‘test and learn’.

b. refine and develop detailed requirements for a Request for Tender (RFT):

i. clarify scope and detailed requirements through Co-design; and

ii. further improve Respondents' understanding of the Visa business.

c. accelerate early value for Government:



i. deliver solution demonstrations, such as prototypes, which could be leveraged in build; and

ii. create a microcosm build environment that reduces risks as it shifts into delivery.

4.1.2. During Co-design, Short Listed Respondents will collaborate with Departmental subject matter experts to design and prototype end-to-end visa processing journeys.

4.1.3. It is the Department’s intention that over five months Co-design will deliver demonstrations on all aspects of the Services including the processing journey, underpinning commercial model, connections to value added services, and implications for the DIBP organisation in the future.

4.2. Participation Deed

4.2.1. Co-design will be governed by the Participation Deed entered into by the Respondent at the commencement of Phase Two: Scenario Based Design and Evaluation.

4.3. Scope of Co-design

4.3.1. Co-design will be scoped and structured around designing and testing a visa product journey, with coverage across all aspects of the Services (including value added services).

4.3.2. The term ‘journey’ refers to the end-to-end Client experience of the GDP, which cuts across existing service delivery channels and traditional business functions. For example, Co-design may look at the end-to-end journey of a Client using the GDP and applying for a Student Visa from pre-lodgement to compliance management and the implications for commercial and business models.

4.3.3. A Client centric structure is integral to the Co-design objective of creating a build-like environment. The Department intends to use Co-design as a testing ground that will lead into an agile build with the successful provider following the RFT or other approach to market (if any), with one or more journey teams undertaking sprints to design and launch products on the new Platform prototype.

4.3.4. The Department will advise Short Listed Respondents of the journey, or journeys that will be tested in Co-design. The selection of journey or journey may draw on the outcomes from the paper-based responses to the REOI and Scenario Based Design and Evaluation process.

4.4. Approach and timeline

4.4.1. Co-design is intended to run full-time for up to five months from around February to around June 2018 with Respondents to be co-located with the Department’s teams most likely in Canberra, Australia.

4.4.2. The Department proposes to adopt an agile approach to Co-design, including:

a. multidisciplinary and collaborative teams with Departmental and Respondent personnel;

b. rapid iteration across all aspects of the Bundle 1 solution; and



c. regular ‘immersion sessions’ with Departmental experts to user-test design.

4.4.3. The diagram below provides an indicative timeline of the Co-design period:

Figure 3: Indicative timeline for Co-design

4.4.1. Prior to commencement of Co-design

a. Personnel of Short-Listed Respondents who participate in Co-design must hold and maintain baseline security clearances (and therefore must be Australian citizens) and must undergo Employment Suitability Screening by the Department and be granted an Employment Suitability Clearance (ESC). The Department will provide Short Listed Respondents with the relevant security forms and packs during Phase 2. The cost of obtaining any security clearances required for the purposes of Co-design will be borne by the Respondent. Note: The successful provider(s) workforce may consist of a mix of security assessed and non-security assessed personnel. This will be further clarified in further RFT documentation.

b. Short Listed Respondents will be provided with briefing packs on journeys, and be invited to attend a briefing, before Co-design commences. Beyond ensuring familiarisation with the content in the journey packs, it is not anticipated that Respondents would do any work on the journeys in preparation for Co-design.

c. It is currently anticipated that Co-design will consist of four stages, as detailed in this Part 4, Overview of REOI process, clause 4.4.

4.4.2. Co-design stage one: Mobilise

a. The focus of the opening weeks of Co-design will be on-boarding Respondents and ensuring a robust foundational understanding of the Co-design process, its objectives, and the journey(s). This is likely to include a number of targeted



workshops and briefings, which may include all Short Listed Respondents participating in Co-design.

b. The Department may make further data available to Short Listed Respondents through a Data Room during the Co-design period. Respondents will also have time to begin analysing the supporting data including the additional data made available in the Data Room, such as transaction volumes, applicant demographics and current state processes.

4.4.3. Co-design stage two: Reimagine the journey

a. Respondents will be split into separate streams of work. Each Respondent will work with the Department on conceptual design and re-imagination of the journey, focused on identifying areas of the journey that will make the most difference and remaining design ambiguities that can be tested through delivery sprints.

b. Outputs from this stage could include:

i. conceptual design of the future state journey architecture and processes including opportunities to make value adding connections to other government or commercial services;

ii. analysis of the distribution of costs and effort of the proposed process model to government, the user and others, including other providers, and how it differs from current processes; and

iii. prioritisation of requirements that will be tested in the next stage by multidisciplinary journey teams.

c. At the end of this stage, Respondents will work with the Department to further analyse 3 to 5 priority areas in detail, to be delivered by multidisciplinary teams in the next stage.

4.4.4. Co-design stage three: Deliver the Journey

a. This stage is designed to iteratively progress from detailed design to working demonstrations of each aspect of the proposed solution. The scope and nature of demonstrations partially depend on the outcomes of stage two of Co-design, but may include, for example:

i. automated solutions or micro-services for select assessments;

ii. client screens and interactions (e.g. nudges to provide information); and

iii. commercial structure and pricing model underpinning the journey.

b. This will enable Respondents and the Department to test design integrity and the extent to which value drivers, such as automation, can be delivered. It should also provide a reusable template(s) which may be used by the Department and the successful provider (if any) in the provision of the Services, following a RFT or other approach to market (if any).

c. In Co-design, Respondents will also be expected to support the Department in preparing for delivery, for example providing advice on the programme delivery model and methods, governance, and/or change management.



d. Throughout Co-design, the Department proposes to have regular ‘immersion sessions’ between the Department and the Respondent. These immersion sessions will provide an opportunity for the Respondent to present and user-test work with additional Departmental subject matter experts and end-users (such as current network and processing staff) to inform the next iteration.

4.4.5. Co-design stage four: Showcase the Journey

a. The final stage of Co-design will involve integrating outputs from various journey teams to create an end-to-end ‘journey demonstration’. No outputs are expected to be released into a live environment. This may include, for example, integrated prototypes in an environment and/or detailed design documents (e.g. business model).

b. At the end of Co-design there is likely to be a 1 to 2 day showcase workshop for each Respondent.

4.5. Teaming and Resourcing

4.5.1. Each Respondent is expected to work in integrated multidisciplinary teams with Departmental resources during Co-design. Teams are expected to be self-organising and will be responsible for internally defining roles and priorities. The Department expects that Respondents will bring significant experience in agile delivery environments and be able to mobilise in this teaming structure quickly during Co-design.

4.5.2. Multidisciplinary teams are likely to include:

a. Departmental policy and business integrity experts as product owners, to advise on product objectives, assessment frameworks and risk thresholds;

b. Departmental business and technical experts to advise on current state and support design and build of the future business model;

c. Respondent business and technical personnel in roles which may shift throughout Co-design (e.g. transformational business strategists, strategic advisors, solution architects, developers and change managers); and

d. External support as required.

4.5.3. Respondents will be responsible for assessing the Co-design resourcing requirements and providing the team with the appropriate level of skills and expertise. To provide Respondents with an idea of scale and with consideration to space constraints, the Department would expect Respondents to bring approximately 10, but not more than 15 personnel to Co-design at any one time.

4.6. Evaluation

4.6.1. Co-design is non-evaluative. Details of the evaluation process are outlined in Part 5 – Evaluation.

5. Phase Four: Pre-qualified Request for Tender

Subject to the terms of this REOI, the current intention of this process is that the Short Listed Respondents participating in Co-design will be invited to participate in a pre-



qualified RFT process (if any), subject to the Department exercising any of its rights under the REOI, including Part 6, Terms and Conditions, clause 16.2.1(e).




FOR


DIBP REOI 22/17-B1

PART 5 – EVALUATION



Table of Contents 1. Evaluation Overview ...................................................................................................................... 3

2. Evaluation Criteria .......................................................................................................................... 4

3. Evaluation Process .......................................................................................................................... 6

3.1. Phase 1: Paper-based responses to the REOI ........................................................... 7

3.2. Phase 2: Scenario Based Design and Evaluation ................................................... 10

3.3. Phase 3: Co-Design Phase ...................................................................................... 10

3.4. Request for Tender or other approach to market .................................................... 10



PART 5. EVALUATION

1. Evaluation Overview

1.0. The aim of this REOI is to:

1.0.1. gather information to be used to inform Government and decisions;

1.0.2. test the interest and capabilities of Respondents to partner with the Department in a long-term commercial arrangement to provide the Services, including to design, implement and operate the Global Digital Platform, and offer value added services to users;

1.0.3. develop and refine detailed requirements for the Services and inform a proposed Request for Tender or other procurement process, subject to Government funding approval and the passage of any necessary legislative amendments; and

1.0.4. identify potential Respondents to Short List for a subsequent Request for Tender process (if any).

1.1. The Services include providing a business solution incorporating the GDP that delivers end-to-end Visa processing and services including value added services to users, for shorter-term validity Visa products. The Department is also seeking information through this REOI on the ability of Respondents to offer value-added services and connections to government and commercial information and services related to the formal Visa Applications.

1.2. The Department’s approach to evaluation is to link the Evaluation Criteria specifically to the objectives of the GDP and the value drivers that the Department believes will realise the objectives of the GDP (detailed in Part 3 – Statement of Requirements).

1.3. The Department’s evaluation approach has the following key characteristics:

1.3.1. the Evaluation Criteria will apply throughout Phase 1 and Phase 2 of the REOI process; and

1.3.2. all Evaluation Criteria will be evaluated at each Phase of the REOI process, excluding Phase Three: Co-design which will not be evaluated by the Department.

1.4. The Phases of the REOI process are set out in Part 4 – Overview of REOI process and a high level description of the evaluation process for each Phase is set out below:

1.4.1. Phase One: the Department will undertake a paper-based evaluation of EOIs against the Evaluation Criteria (see Part 5, Evaluation clause 2);

1.4.2. Phase Two: Short Listed Respondents will be invited to participate in this interactive, Scenario Based Design and Evaluation, Phase. The Department will evaluate Respondents against the Evaluation Criteria. Through participation in this Phase, it is intended that the Department will better understand each Respondent's proposed solution and will progressively refine its requirements; and

1.4.3. Phase Three: Co-design will not be evaluated, however, the Department may draw on outputs and learning from Co-design to refine and develop detailed requirements for any subsequent RFT or other procurement process. The Short Listed Respondents



participating in Co-design may be invited to participate in the pre-qualified RFT process, subject to the Department exercising any of its rights under this REOI, including Part 6, Terms and Conditions, clause 16.2.

1.4.4. The REOI requests Respondents to provide some information in Part 7 – Response Forms which will not be evaluated for the purpose of this REOI process. This REOI clearly states which information provided by Respondents in their EOIs will not be evaluated.

2. Evaluation Criteria

2.0. Overview

2.0.1. The Department will evaluate Respondents against the following Evaluation Criteria, which are set out in further detail in this Part 5 – Evaluation:

Criterion 1: Proposed solution;

Criterion 2: Delivery capability and approach;

Criterion 3: Commercial model; and

Criterion 4: Risk.

2.0.2. The Evaluation Criteria are not specified in any order of importance.

2.0.3. The Department may use material provided in response to one Evaluation Criterion in its evaluation of other Evaluation Criteria.

2.1. Evaluation criteria

2.1.1. Criterion 1 - Proposed solution: the extent to which the Respondent's proposed business and technical solution can deliver the objectives of the GDP (see Part 3, Statement of Requirement, clause 2 for the objectives of the GDP) and meet the requirements set out in Part 3 – Statement of Requirements.

2.1.2. The Department considers that the following objectives of the GDP may be most relevant to this criterion, however, this does not preclude the Respondent addressing other objectives of the GDP that the Respondent considers may be relevant to this criterion:

a. objective 1: improved Decision and assessment quality and consistency;

b. objective 2: improved user experience for Clients (including through value added services), Departmental staff and market providers;

c. objective 3: maintenance of Australia's international competitiveness and attractiveness while improving the financial outcomes of the Visa business for Government.

2.1.3. Criterion 2 - Delivery capability and approach: of the Respondent to deliver the objectives of the GDP (see Part 3, Statement of Requirement, clause 2 for the objectives of the GDP). in particular the Respondent’s:

a. approach to delivering the proposed solution, including specific examples of:



i. working with a client in a similar manner; and

ii. working with clients where their requirements have evolved throughout the design phase;

b. capability and previous experience in delivering part of an end-to-end business transformation of similar scale, nature and complexity for large organisations or government bodies; and

c. approach to participating in the Co-design Phase (as described in Part 4 – Overview of the REOI process, clause 4), including the Respondent’s proposed Co-design resources.

2.1.4. The Department considers that the following objectives of the GDP may be most relevant to this criterion, however, this does not preclude the Respondent addressing other objectives of the GDP that the Respondent considers may be relevant to this criterion:

a. objective 4: implementation of the new delivery arrangements as fast as possible with minimum delivery risk;

b. objective 5: facilitation of the simplification of Australia’s Visa framework; and

c. objective 6: provision of flexibility to implement future Visa policy changes quickly and efficiently.

In addition to the objectives of the GDP, the following key value drivers of the GDP (detailed in Part 3 - Statement of Requirements, clause 2) are most directly linked to this criterion, however, this does not preclude the Respondent addressing other value drivers of the GDP that the Respondent considers may be relevant to this criterion:

i. rapidly deploying technology, including potentially adapting technology from adjacent or analogous applications;

ii. accessing exceptional global talent to design and build the new business and technology systems;

iii. adopting a collaborative and agile approach to business design and delivery (extends beyond agile software development);

iv. adopting best-practice delivery approaches including for instance, agile business transformation approaches, iterative approaches and approaches to developing minimum viable products, and doing so in a way that is suited to the Department context and Government decision-making requirements; and

v. adopting modular designs in the system and business architecture.

2.1.5. Criterion 3 - Commercial Model: the extent to which the commercial model proposed by the Respondent can deliver the objectives of the GDP (see Part 3, Statement of Requirement, clause 2 for the objectives of the GDP) when balanced against the commercial risk and long-term sustainability of that model, and the production of economic benefit to Australia through the delivery of the Respondent's proposed solution.



2.1.6. The Department considers that the following objectives of the GDP may be most relevant to this criterion, however this does not preclude the Respondent addressing other objectives of the GDP that the Respondent considers may be relevant to this criterion:

a. objective 2: improved user experience for Clients (including through value added services), Departmental staff and market providers;

b. objective 3: maintenance of Australia’s international competitiveness while improving financial outcomes of the Visa business for Government; and.

c. objective 4: implementation of the new delivery arrangements as fast as possible with minimum delivery risk.

2.1.7. The Department considers that the following value drivers of the GDP may be most relevant to this criterion, however, this does not preclude the Respondent addressing other value drivers of the GDP that the Respondent considers may be relevant to this Criterion:

a. adopting a user-pays commercial model (see this Part 3 – Statement of Requirements, clause 5 for further detail) that means the implementation and operation costs of the new Platform are met by the successful provider and recouped from Clients through a user pays model and through realising other commercialisation opportunities, without undermining Australia’s international competitiveness and/or creating an unacceptable risk for Government;

b. increasing the efficiency of processing each Visa Application (without sacrificing the quality of the Decision or the service standard to the Client) by increasing the level of automation in Visa processing, digitising processing functions that are currently manual, slow and costly and providing self-service capabilities for Clients to avoid higher-cost channels; and

c. developing commercialisation opportunities to unlock value in existing or new assets in the Visa business that would be shared with the Commonwealth and/or used to defray the cost of Visa delivery.

2.1.8. Criterion 4 - Risk: assessment of any risks inherent in the Respondent's EOI that have not been evaluated under other Evaluation Criteria. These include:

a. the Respondent's financial capacity and corporate capacity, including the adequacy of proposed insurances;

b. any actual or perceived conflict of interest as specified in the Respondent's Deed;

c. the degree to which the Respondent demonstrates an understanding of risks associated with delivering a solution of a similar scale, nature and complexity of the Services, and the Respondent's proposed approach to managing such risks; and

d. the degree to which the Respondent demonstrates an understanding of and compliance with Government policy and legislative requirements.

3. Evaluation Process

3.0. The evaluation process will occur across two Phases: first, evaluation of the paper-



based EOIs, following which the Department may Short List Respondents for participation in Scenario Based Design and Evaluation, and second, the Scenario Based Design and Evaluation, following which the Department may Short List Respondents to participate in Co-design.

3.1. Phase 1: Paper-based responses to the REOI

3.1.1. Step 1 – Registering EOIs

a. As soon as practicable after the Closing Time, all EOIs will be downloaded from AusTender.

b. All EOIs received before the Closing Time will be registered on a procurement register.

c. Any EOIs received after the Closing Time and any disputes or issues regarding receipt of EOIs will be managed in accordance with this REOI.

3.1.2. Step 2 - Screening against the Conditions for Participation and the Minimum Content and Format Requirements

a. The Department will screen all EOIs to identify any that:

i. fail to comply with any Conditions for Participation as set out in Part 1 – REOI Details;

ii. fail to comply with any Minimum Content and Format Requirement as set out in Part 1 – REOI Details;

iii. contain unintentional errors of form (see Part 6, Terms and Conditions, clause 6.4.2);

iv. are clearly not competitive; or

v. are otherwise incomplete or non-compliant with other requirements of this REOI.

b. Subject to Part 6, Terms and Conditions, clause 6.4:

i. Respondents which the Department determines do not meet one or more Conditions for Participation; and

ii. EOIs that the Department determines do not comply with one or more of the Minimum Content and Format Requirements,

will be excluded from further consideration. Where the Department determines that an EOI is incomplete or non-compliant with other requirements of this REOI or is clearly not competitive, it may exclude that EOI from further consideration.

c. Screening is an ongoing process and the Department may decide during any Phase of the evaluation process that an EOI falls within the categories described in this step 2 of the evaluation process and should therefore be excluded from further consideration.

d. The Department may notify unsuccessful Respondents of their exclusion from further consideration at the end of step 2.



3.1.3. Step 3 – Technical Evaluation

a. For each EOI that passes the above steps 1 and 2 of the evaluation process, the Department will undertake a detailed evaluation against Evaluation Criteria 1 and 2 (as set out at Part 5, Evaluation).

b. Respondents should note that in evaluating an EOI against each Evaluation Criterion, the Department may take into account any information received from the Respondent in accordance with Part 6, Terms and Conditions, clause 16.1.

c. Respondents should provide enough detail in their EOI against each Evaluation Criterion to ensure the Department can gain a clear understanding of their proposed solution and that all requirements have been addressed. Respondents are advised that unclear or contradictory statements may result in a low scoring assessment.

d. After reviewing the EOIs, the Department may, in its sole and absolute discretion:

i. visit Respondents' (including subcontractors') sites and facilities;

ii. ask Respondents to undertake scenario modelling of their proposed solution;

iii. ask Respondents to undertake presentations or demonstrations;

iv. undertake reference checks in relation to Respondents and their subcontractors;

v. have discussions or interviews with Respondents in order to seek clarification of their EOIs;

vi. seek written clarification or information from any Respondent on various aspects of their EOI, whether or not similar information has been sought from other Respondents;

vii. obtain information regarding the capacity and capability of a Respondent from referees nominated by the Respondent or any other person contacted by the Department, and/or undertake visits to, customers or subcontractors, whether or not the customers are provided as referees by a Respondent; and

viii. conduct independent enquiries about any matter that may be relevant to the evaluation of a EOI including security, personnel, subcontractors and any related entities or their personnel and use the information obtained from those inquiries in its evaluation (the Department may decide to exclude an EOI from further consideration if the Respondent does not provide, at its cost, all reasonable assistance to address the Evaluation Criteria in relation to such enquiries if requested by the Department).

e. The Department may choose to undertake the activities set out in Part 6, Terms and Conditions, clause 16.1 in relation to some Respondents only. Presentations, interviews and site visits may be subject to additional terms and conditions that are advised by the Department to Respondents who have been invited to participate in each activity.

f. The Department’s evaluation of technical risk in respect of the EOI will take into account the risk posed by the Respondent’s ability to meet the requirements and provide the Services set out in Part 3 - Statement of Requirements.



g. Any costs incurred by the Respondent in complying with Part 6, Terms and Conditions, clause 16.1 will be borne by the Respondent.

h. Following the conclusion of any site visits, presentations and/or referee checks and obtaining of further independent enquiries, the Department will, in light of the further information received, review and where applicable may revise scores for Evaluation Criteria 1 and 2 set out in Part 5 - Evaluation.

i. In accordance with Part 6, Terms and Conditions, clause 16.2.1, the Department may develop an initial Short List by reference to the outcome of the evaluation of EOI under this step.

3.1.4. Step 4 – Non-technical evaluation

a. This step of the evaluation process may be conducted after or concurrently with the evaluation process described in step 3 above.

Step 4A – Commercial model

The Department will undertake a detailed evaluation of the commercial model proposed by the Respondent against Evaluation Criterion 3.

Step 4B – Risk

i. Following on from step 4A, the Department will consider any risks not factored into the other Evaluation Criteria.

ii. This may include an assessment of:

A. risks identified as a result of the assessment of the Respondent's or Key Subcontractor's financial and commercial viability (see Forms 5A and 5B in Part 7 (REOI Response Forms); and/or

B. risks identified from sources including (without limitation) from the Department, ASIC company searches/reports and other agencies.

3.1.5. Step 5 – Initial Value for Money assessment

i. Achieving value for money is the core rule of the Commonwealth Procurement Rules.

ii. Value for money is a comprehensive assessment that takes into account the following:

A. the technical assessment under step 3 of the evaluation process;

B. the commercial assessment under step 4A of the evaluation process; and

C. the evaluation of risk in respect of the EOI under step 4B.

iii. Following evaluation and completion of step 5, the Department in its sole discretion may Short List Respondents for participation in the Scenario Based Design and Evaluation Phase.

iv. the Department may notify unsuccessful Respondents of their exclusion from further consideration at the end of step 5.



3.2. Phase 2: Scenario Based Design and Evaluation The Department intends to conduct a Scenario Based Design and Evaluation Phase with Short Listed Respondents. The Department will advise Short Listed Respondents prior to Scenario Based Design and Evaluation commencing and those Short Listed Respondents may be provided with supplementary information, requirements, or protocols in accordance with Part 6 – Terms and Conditions, clause 6.2.1.

a. During the Scenario Based Design and Evaluation Phase, the Short Listed Respondents will be evaluated against the Evaluation Criteria on an ongoing basis. Steps 3 to 5 set out above will be repeated during the Scenario Based Design and Evaluation Phase, to the extent applicable, followed by an overall value for money assessment.

b. The Scenario Based Design and Evaluation Phase will be conducted in accordance with the process outlined in Part 4 – Overview of the REOI Process.

c. The Department retains the right to vary the process including but not limited to, the timings of the process, prior to its commencement.

d. Further details of the Scenario Based Design and Evaluation Phase will be provided to Short Listed Respondents upon notification of their selection to participate in the Scenario Based Design and Evaluation Phase.

e. Following evaluation and completion of the Scenario Based Design and Evaluation Phase, the Department in its sole discretion may Short List Respondents for participation in the Co-design Phase.

3.3. Phase 3: Co-Design Phase a. The Department anticipates that it will undertake Co-design with a small number of

Short Listed Respondents.

b. The results of Co-design and the Respondents' activities and contributions undertaken as part of Co-design will not be evaluated.

c. Short Listed Respondents may be provided with supplementary information or requirements or protocols in accordance with Part 6 – Terms and Conditions, clause 6.2.1.

3.4. Request for Tender or other approach to market

3.4.1. Following completion of the REOI process, the Department may:

a. invite any or all Short Listed Respondents, any or all Respondents that were not Short Listed at any stage during the REOI process, or any combination of Respondents to participate in any Request for Tender or other approach to market in respect of the Services;

b. decide not to proceed with any Request for Tender or other approach to market in respect of the Services; or

c. approach the open market for the Services.




FOR


DIBP REOI 22/17-B1

PART 6 – TERMS AND CONDITIONS



Table of Contents 1. Glossary .......................................................................................................................................... 3

2. Interpretation ................................................................................................................................... 3

3. Introduction ..................................................................................................................................... 4

4. Obtaining REOI documentation ...................................................................................................... 6

5. Lodging Expressions of Interest ..................................................................................................... 7

6. Further Information and Variations to the REOI Documentation................................................. 10

7. Information Management .............................................................................................................. 12

8. Policy and Law ............................................................................................................................. 14

9. Small to medium enterprises ......................................................................................................... 19

10. Indigenous Procurement Policy .................................................................................................... 19

11. Workplace Gender Equality Act 2012 (Cth) ................................................................................. 20

12. Compliance with the Building Code ............................................................................................. 20

13. Accreditation under the Australian Government Building and Construction WHS Accreditation Scheme…………… .............................................................................................................................. 21

14. Matters Concerning EOI Response ............................................................................................... 21

15. General Matters ............................................................................................................................. 23

16. Evaluation of EOIs ........................................................................................................................ 25

17. Other Matters.. .............................................................................................................................. 27



PART 6. TERMS AND CONDITIONS

1. Glossary

1.0. Key Terms

1.0.1. A Glossary of terms used throughout this REOI is provided at Attachment A - Acronyms and Glossary.

1.0.2. Additional definitions may appear throughout this REOI.

2. Interpretation

2.0.1. In this REOI, except where the contrary intention is expressed:

a. a reference to time, unless specified otherwise, is to the time in the Australian Capital Territory;

b. words importing a gender include any other gender;

c. words in the singular number include the plural and words in the plural number include the singular;

d. a reference to AUD, A$, $A or $ is to Australian currency;

e. headings are inserted for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;

f. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority, agency or other entity;

g. another grammatical form of a defined word or expression has a corresponding meaning;

h. a reference to a clause, paragraph, part, attachment, schedule or annexure is to a clause, paragraph, part, attachment, schedule or annexure to this REOI;

i. a reference to a statute, ordinance, code or other Law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

j. a reference to a party includes that party’s administrators, successors, and permitted assigns, or its officers, employees, agents or advisors; and

k. the meaning of general words is not limited by specific examples introduced by including "for example" or similar expressions and the word "include" is not a word of limitation.

2.0.2. To the extent of any inconsistency between any of the information in this REOI, the information will be interpreted in the following order of priority (with the first listed having the highest priority and the last listed having the least priority):

a. Part 6 – Terms and Conditions;

b. Parts 1, 4 and 5 – respectively REOI Details, Overview of REOI process and Evaluation;

c. Attachment A – Acronyms and Glossary;



d. Parts 2 and 3 – respectively Overview of Immigration Reform, and Statement of Requirements;

e. other Attachments; then

f. Part 7 – EOI Response Forms; then

g. any other document forming part of this REOI.

3. Introduction

3.0. Multi-Stage Procurement process

3.0.1. This REOI is the first stage of a multi-stage procurement process for the procurement of the Services. It is anticipated that following this REOI, the next stage(s) of the procurement process could include the issue of one or more RFT(s), if any, to Respondents that are Short Listed for participation in the subsequent process. Further details of the procurement process are set out in Part 4 - Overview of REOI process.

3.0.2. Respondents should note that this REOI is not a Request for Tender (RFT), and that any procurement arising from any subsequent procurement process to this REOI is contingent on Government approval.

3.0.3. Without limiting clause 3.0.2, the Department reserves the right to discontinue this procurement process at any time, and may choose to:

a. proceed with one or more open approaches to the market and/or prequalified RFT(s);

b. commence a new multi-stage procurement process;

c. elect to procure any part of the Services from one or more whole-of-government panels (or any similar coordinated or cooperative procurement arrangement); or

d. undertake any other course of action consistent with the Commonwealth procurement laws and policies that it considers appropriate.

3.0.4. Respondents are advised that a failure to respond to this REOI may result in a potential supplier not being invited to participate in any subsequent procurement process relating to the provision of the Services. The final decision will be at the discretion of the Department.

3.0.5. Respondents are further advised that the submission of an EOI is not a guarantee of further invitations to participate in any subsequent procurement processes relating to the provision of the Services.

3.0.6. The services to be included in any RFT(s) will be determined at the completion of the REOI process and may vary from the Services as described in this REOI. The Department is seeking innovative delivery solutions and as such any future approach to market and/or any resulting contract for Visa Services for Australia may look substantially different to the Services described in Part 3 - Statement of Requirements.

3.0.7. Any time or date set out in this REOI is indicative only, and creates no obligation on the Department, or any right in a Respondent in relation to these dates.



3.0.8. The Department can change the indicative timetable in this REOI (other than the Closing Time) at its absolute discretion at any time, and without giving any notice to Respondents.

3.1. Industry Briefing

3.1.1. There will be an industry briefing for Respondents as set out in Part 1 - REOI Details.

3.1.2. The Industry Briefing will be conducted for the purpose of providing background information including on the Department's objectives and priorities for this REOI. There will be an opportunity for Respondents to ask questions about the REOI process.

3.1.3. Participation at the Industry Briefing is voluntary, and is not a Condition for Participation or otherwise mandatory. For Respondents that do not attend the Industry Briefing, any information and/or material that is provided to Respondents during the Industry Briefing, together with a summary of the Industry Briefing questions and the response session will also be made available on AusTender in accordance with clause 6.

3.1.4. All Respondents that wish to attend the Industry Briefing are required to pre-register in accordance with Part 1 – REOI Details by providing a completed registration form for the Industry Briefing and a signed Deed of Confidentiality to the Contact Officer 3 Business Days prior to the Industry Briefing, substantially in the form set out in Attachment B – Further Material Registration Form.

3.1.5. A maximum of three persons from each Respondent may attend.

3.1.6. Respondents are advised that:

a. cameras (whether video or still) and recording equipment are not permitted to be used during the Industry Briefing;

b. the Department may change the date, location and/or time of the Industry Briefing at its absolute discretion, by issuing an addenda in accordance with clause 6;

c. if in the course of the Industry Briefing it becomes clear to the Department, in its absolute discretion, that it is necessary to distribute additional information relating to or concerning this REOI and/or the Services, then the Department reserves the right to distribute that information to all Respondents in accordance with clause 6;

d. they may not rely on a statement made at the Industry Briefing as amending or adding to this REOI unless that amendment or addition is confirmed by the Department in writing in accordance with clause 6; and

e. attendance at the Industry Briefing will be at the Respondent's own cost.

3.1.7. Any information provided at the Industry Briefing will be provided subject to the terms and conditions of this REOI.

3.1.8. The Department may, at its discretion, hold further industry briefings prior to the Closing Time. Details of these further industry briefings will be advised by issuing an addenda in accordance with clause 6 via AusTender.



4. Obtaining REOI documentation

4.0. AusTender

4.0.1. AusTender is the online tendering system for Australian Government departments and agencies at https://www.tenders.gov.au. AusTender allows Respondents to download REOI documentation and upload EOIs. Respondents are required to first register with AusTender and provide their contact details.

4.0.2. Access to and use of AusTender is subject to the terms and conditions set out on AusTender at https://www.tenders.gov.au/?event=public.termsOfUse. In participating in this REOI process, Respondents agree to comply with those terms and conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender.

4.0.3. Where there is any inconsistency between the Respondent lodgement procedures set out on AusTender and those set out in this REOI, this REOI will prevail to the extent of the inconsistency.

4.0.4. It is the responsibility of Respondents to ensure that their infrastructure, including operating system and browser revision levels, meet the minimum standards as defined on AusTender. Neither the Department nor the Commonwealth take any responsibility for any problems arising from Respondents’ infrastructure and/or internet connectivity.

4.0.5. Respondents are required to inform themselves concerning all security measures and other aspects of the AusTender technical environment. Respondents should make their own assessment of the AusTender system prior to using it for any matter related to this REOI and no responsibility will be accepted by the Department arising in respect of any use or attempted use by any party of AusTender. Respondents acknowledge that the Department does not warrant that unauthorised access to information and data transmitted via the internet will not occur.

4.1. REOI available on AusTender

4.1.1. This REOI is available on the AusTender website at https://www.tenders.gov.au. Respondents should register and download the REOI from AusTender and regularly check AusTender for updates and addenda to this REOI.

4.2. AusTender Help Desk

4.2.1. All queries and requests for technical or operational support in relation to AusTender should be directed to:

AusTender Help Desk Telephone: 1300 651 698

Telephone (International): +61 2 6215 1558 Email: [email protected]

4.2.2. The AusTender Help Desk is available between 9am and 5pm, Monday to Friday Canberra local time (excluding ACT and national public holidays).

https://www.tenders.gov.au/

https://www.tenders.gov.au/?event=public.termsOfUse




5. Lodging Expressions of Interest

5.0. Electronic Lodgement by the Closing Time

5.0.1. EOIs must be lodged, on or before the Closing Time, electronically via AusTender, in accordance with the lodgement procedures set out in this REOI and on AusTender. Failure to comply with any or all of these requirements may result in the EOI not being received successfully and/or the Department may exclude the EOI from consideration.

5.0.2. The Department may extend the Closing Time and will issue an addendum notifying any decision to extend.

5.0.3. EOIs lodged by any other means, including by hand, facsimile or email, will not be considered.

5.1. Manner of Electronic Lodgement

5.1.1. In submitting their EOIs electronically, Respondents warrant that they have taken reasonable steps to ensure that EOI files are free of viruses, worms or other disabling features which may affect AusTender and/or the Department's ICT environment. EOIs found to contain viruses, worms or other disabling features may be excluded from consideration at the Department’s discretion.

5.1.2. The EOI file name/s should be as specified in Part 7 - EOI Response Forms.

5.1.3. EOI files:

a. may not exceed a combined file size of 5 megabytes per upload;

b. should be uploaded from a high level directory on a Respondent’s desktop, so as not to impede the upload process; and

c. should be zipped (compressed) together for transmission to AusTender (Respondents should contact the Contact Officer if they wish to use compression software other than 'WinZIP' or 'WinRAR' compression software, and may only do so if approved by the Contact Officer in writing).

5.1.4. AusTender will accept up to a maximum of five files in any one upload of an EOI. Each upload should not exceed the combined file size limit of 5 megabytes. If an upload would otherwise exceed 5 megabytes, the Respondent should either:

a. transmit the EOI files as a compressed (zip) file not exceeding 5 megabytes; or

b. lodge the EOI in multiple uploads ensuring that each upload does not exceed 5 megabytes and clearly identify each upload as part of the EOI.

5.1.5. If an EOI consists of multiple uploads, due to the number of files or file size, Respondents should ensure that transmission of all files is completed before the Closing Time, subject to clause 5.4.5.

5.1.6. EOIs must be completely self-contained. No hyperlinked or other material may be incorporated by reference.



5.1.7. The person who provides personal and organisational particulars within the AusTender system and lodges the EOI will be deemed an authorised representative of the Respondent.

5.1.8. EOIs should be lodged in Microsoft Word 2010, Microsoft Excel 2010 or PDF Format 10 or any subsequent versions or upgrades to those software products.

5.1.9. EOIs should comply with any recommended page limits specified in the EOI Response Forms (if applicable). If an EOI exceeds the recommended page limit, the Department reserves the right to not consider the parts or pages of the EOI that exceeds the recommended limit.

5.2. Manner of Electronic Lodgement

5.2.1. Scanned images of signed and/or initialled pages within the EOI, including statutory declarations and deeds of confidentiality where they are required, are permitted so long as the total file size does not exceed the 5 megabyte limit. The use of scanned or imaged material, where it expands the EOI file size beyond the 5 megabyte limit per upload, is prohibited.

5.2.2. The Department may require Respondents to courier or security post the originals of signature and initialled pages to the Department after the Closing Time at the Respondent’s cost. Receipt of these documents, including time and date, will be provided to the Respondent by the Contact Officer. Where a Respondent fails to provide the requested material within the timeframe required by the Department, its EOI may be excluded from further consideration.

5.3. Electronic Lodgement Process

5.3.1. Before submitting an electronic EOI, Respondents should:

a. ensure their technology platform meets the minimum requirements, if any, identified 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 EOIs;

d. take all steps to ensure that the EOI is free from anything that might reasonably affect useability or the security or operations of AusTender and/or the Department’s ICT environment;

e. ensure that the EOI does not contain macros, script or executable code of any kind unless that specific material has previously been approved in writing by the Department; and

f. ensure that the EOI complies with all file type, format, naming conventions, size limitations or other requirements specified in this clause 5 or otherwise advised by the Department or required by AusTender.

5.3.2. Respondents must allow sufficient time for EOI lodgement, including time that may be required for any problem analysis and resolution prior to the Closing Time.



5.3.3. Respondents should be aware that holding the 'Lodge a Response' page in the web browser will not hold the electronic box open beyond the Closing Time. An error message will be issued if the lodgement process is attempted after the Closing Time.

5.3.4. EOIs lodged through AusTender will be deemed to be authorised by the Respondent.

5.3.5. If Respondents have any problem in accessing the AusTender website or uploading an EOI they should contact the AusTender Help Desk as referred to in clause 4.2 prior to the Closing Time. Failure to do so may exclude an EOI from consideration.

5.4. Late Lodgement Policy

5.4.1. Respondents should be aware that AusTender will not permit any attempt to commence lodging an EOI, or any discrete component of an EOI, after the Closing Time.

5.4.2. Late EOIs will be excluded from consideration unless the EOI was received late solely due to mishandling by the Department.

5.4.3. The time displayed on the AusTender system is deemed to be the correct time and will be the means by which the Department will determine whether an EOI has been lodged by the Closing Time. The judgement of the Department as to the time an EOI has been lodged will be final.

5.4.4. Respondents should be aware that AusTender will not permit any attempt to commence lodging an EOI, or any discrete component of an EOI, after the Closing Time. Such an EOI will be deemed to be a Late EOI.

5.4.5. Where electronic submission of an EOI has commenced prior to the Closing Time but concluded after the Closing Time, and upload of the Tender file/s has completed successfully, as confirmed by AusTender system logs, the EOI will not be deemed to be a Late EOI. Such EOIs will be identified by AusTender to the Department as having commenced lodgement prior to, but completed lodgement after, the Closing Time.

5.4.6. Where an EOI lodgement consists of multiple uploads, due to the number and/or size of the files, Respondents must ensure that transmission of all files is completed and receipted before the Closing Time and clause 5.4.5 will only apply to the final upload commenced before the Closing Time.

5.4.7. Acknowledgement of receipt of EOIs will not be provided.

5.4.8. Incomplete EOIs, including those with electronic files that cannot be read or decrypted and EOIs which the Department believes potentially contain any virus, malicious code or anything else that might compromise the integrity or security of AusTender may be excluded from consideration.

5.4.9. Respondents acknowledge that:

a. lodgement of their EOI by the Closing Time and in accordance with this REOI is entirely their responsibility; and

b. the Department will not be liable for any loss, damage, cost or expense incurred by Respondents or any other person if, for any reason, an EOI or any other material or



communication relevant to this REOI, 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.

6. Further Information and Variations to the REOI Documentation

6.0. Provision of other materials, including Data Room

6.0.1. The Department may provide Respondents access to a Data Room containing further information and material (in either electronic or physical form) which may be relevant to this REOI, on condition that before being given access to the Data Room, the Respondent must execute and provide to the Department a Deed of Confidentiality, in the form of the deed set out at Attachment B – Further Material Registration Form, under which the Registered Respondent agrees:

a. to keep the information and material in the Data Room confidential;

b. to only use the information and material in the Data Room for the purpose of considering whether to submit an EOI, preparing an EOI, lodging an EOI and otherwise participating in the REOI process;

c. to comply with all procedures and protocols advised by the Department (including the Data Room Protocol at Schedule 1 to the Deed of Confidentiality) in relation to the Data Room, including:

i. access to the Data Room;

ii. restrictions on copying and/or using the material in the Data Room;

iii. that the Respondent accepts that that information and material in the Data Room may not contain all information or material which is relevant to this REOI (for example, the Department may be prevented from providing some information or material because of its obligations of confidentiality owed to a third party); and

iv. if required by the Department, to return to the Department all information (including copies) provided to the Respondent.

6.0.2. Respondents requiring access to the Data Room must provide the Contact Officer with an executed Deed of Confidentiality no later than five (5) Business Days before the Closing Time.

6.1. Requests for Additional Information

6.1.1. Requests for further information in relation to this REOI should be directed in writing and via email to the Contact Officer by the Deadline for Submission of Respondents’ Questions (see Part 1 – REOI Details). The Department may, in its absolute discretion, elect not to respond to a request for further information received after the Deadline for Submission of Respondents’ Questions.

6.1.2. The only point of contact for all matters relating to this REOI and the REOI process is the Contact Officer.

6.1.3. The Department will determine what, if any, response should be given to a Respondent’s request for further information. The Department may circulate



Respondents’ requests for further information and the Department’s response(s) to those requests for further information to all other Respondents by issuing a formal addendum in accordance with clause 6.2.1 without disclosing the source of the requests for further information or revealing any confidential information of a Respondent. Respondents should identify in their request for further information what, if any, information in the request for further information the Respondent considers is confidential. Inappropriate identification of information as confidential will be considered by the Department when determining what, if any, response will be given.

6.1.4. If a Respondent believes it has found a discrepancy, error, ambiguity, inconsistency or omission in this REOI or any other information given or made available by the Department, the Respondent should promptly notify the Contact Officer setting out the error in sufficient detail so that the Department may take the corrective action, if any, it considers appropriate. The Department will determine, at its discretion, whether to issue a formal addendum in accordance with clauses 6.2.

6.2. Variation of the REOI

6.2.1. The Department may vary, supplement or clarify this REOI or the REOI process at any time, including to provide supplementary information or requirements or issue protocols in relation to the Short Listed Respondents participating in Scenario Based Design and Evaluation and Co-design Phases. If the Department does so prior to the Closing Time, the Department will issue a formal addendum to this REOI via AusTender.

6.2.2. AusTender will notify Respondents who have registered and downloaded this REOI documentation via email of the issue of any addenda. It is in the interest of Respondents to ensure they have correctly recorded their contact details prior to downloading REOI documentation. If Respondents have not recorded their details correctly, they should amend their details and download this REOI documentation again. If a Respondent has obtained REOI documentation other than from AusTender, they should visit AusTender, register as a user and download this REOI documentation.

6.2.3. Respondents are required to log in to AusTender and collect addenda as notified.

6.2.4. The Commonwealth will accept no responsibility if a Respondent fails to become aware of any addendum notice which would have been apparent from a visit to the AusTender page for this REOI. A Respondent will not be allowed to amend its EOI as a result of its failure to be aware of any issued addenda.

6.2.5. Each addendum forms part of this REOI upon issue.

6.3. Termination of the REOI

6.3.1. Without limiting the Department’s rights under this REOI, at law or otherwise, the Department may, at its sole discretion suspend or terminate the REOI process at any time, without the requirement to give prior notice if the Department determines that:

a. it is appropriate to do so or is in the public interest;

b. no Respondent meets the Conditions for Participation;



c. no Respondent meets the Minimum Content and Format Requirements;

d. no Respondent is fully capable of providing the Services; or

e. no EOI represents value for money.

6.4. Errors and Alterations

6.4.1. Respondents should ensure that any errors or alterations made to an EOI are clearly identified and, where appropriate, initialled. Any alteration or erasure made to an EOI that is not clearly identified may result in the EOI being excluded from consideration.

6.4.2. If the Department considers that there are unintentional errors of form in an EOI, the Department may request Respondents to correct or clarify the error, but will not permit any material alteration or addition to the EOI.

7. Information Management

7.0. The Department’s Confidential Information

7.0.1. Respondents must not and must ensure that their employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the Department, the Commonwealth or a third party acquired or obtained in the course of the REOI process including preparing an EOI, or any documents, data or information provided by the Department and which the Department indicates to Respondents is confidential or which Respondents know or ought reasonably to know is confidential.

7.0.2. The requirement in clause 7.0.1 for the Respondent to maintain confidentiality extends to all activities, documents and information associated with this REOI, including but not limited to:

a. this REOI;

b. the Industry Briefing;

c. information contained in the Data Room;

d. all communications with the Contact Officer during the REOI process; and

e. anything else in connection with this REOI process.

7.0.3. The Department will manage the information provided to stakeholders within the process rules required by this REOI and associated probity documentation.

7.0.4. By completing and signing the form of Respondent's Deed contained in Form 1C - Respondent’s Deed to Part 7 - EOI Response Forms, the Respondent agrees to comply with the confidentiality requirements contained in the Respondent's Deed which mirrors the requirements in this clause 7.

7.0.5. The Department may require that all written information (whether confidential or otherwise and without regard to the type of media on which such information was stored) provided to Respondents (and all copies of such information) be:



a. returned to the Department - in which case Respondents will be required to promptly return all such information to the address identified by the Department; or

b. destroyed by Respondents - in which case Respondents will be required to promptly destroy all such information and provide the Department with written certification that the information has been destroyed.

7.0.6. The Department may exclude from further consideration any EOI lodged by a Respondent who has engaged in any behaviour contrary to this clause 7.

7.1. Respondent’s Confidential Information

7.1.1. Respondents should note that, as this REOI is the first stage in a multi-stage procurement process, the Department may need to use and disclose information from EOIs for the purpose of informing and conducting any subsequent process.

7.1.2. Subject to clause 7.1.1 and 7.1.3, the Department will treat as confidential all EOIs submitted by Respondents in connection with this REOI.

7.1.3. The Department will not be taken to have breached any obligation to keep information provided by Respondents confidential to the extent that the information:

a. is disclosed by the Department to its advisers, officers, employees or subcontractors solely in order to conduct the REOI process (including evaluation of EOIs, clarification of EOIs), any related procurement process or processes, or for a purpose specified in clause 7.2.3;

b. suggest collusion and is disclosed to the Australian Competition and Consumer Commission (ACCC) to review or investigate the confidential information in questions;

c. is disclosed to the Department’s internal management and senior personnel to enable effective management or auditing of the REOI process;

d. is disclosed by the Department or other Commonwealth Entities to Ministers or the Parliamentary Secretary (and their advisers) or Cabinet;

e. is disclosed by the Department in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia;

f. is shared by the Department within the Department, or with another Commonwealth, State or Territory agency or Department, where this serves the Commonwealth’s legitimate interests;

g. is disclosed by the Department in response to a request made by the Auditor-General, or by a person authorised by the Auditor-General;

h. is authorised or required by law to be disclosed;

i. is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality; or

j. is disclosed with the Respondent’s consent.

7.1.4. Further information on the Commonwealth's confidentiality policy is available at http://www.finance.gov.au/procurement/procurement-policy-and-guidance/buying/contract-issues/confidentiality-procurement-cycle/principles.html.

http://www.finance.gov.au/procurement/procurement-policy-and-guidance/buying/contract-issues/confidentiality-procurement-cycle/principles.html




7.2. Use of EOI Documents

7.2.1. All EOIs become the property of the Department upon submission.

7.2.2. Notwithstanding clause 7.2.1 but without prejudice to anything agreed in any subsequent contract between the Department and a Respondent, ownership of intellectual property in the information contained in an EOI is not changed by it being included in an EOI.

7.2.3. In submitting an EOI, and subject to clause 7.1, Respondents grant to the Department a licence to use, reproduce, adapt, modify and disclose (including to the responsible Minister and any advisers) on a royalty-free, perpetual and irrevocable basis any material contained in an EOI, or provided by a Respondent in response to this REOI, for the purposes of:

a. the REOI process, evaluating or clarifying EOIs;

b. informing the subsequent approach to market or any subsequent procurement process undertaken by the Department in relation to the Services;

c. audit requirements;

d. referring any material that suggests collusion by Respondents to the ACCC and the use by the ACCC of the material to conduct any review or investigation it deems necessary;

e. complying with governmental and parliamentary reporting requirements, including requests for information by Parliament or Parliamentary Committees;

f. providing information to another person in the situations specified in clause 7.1.3;

g. addressing any dispute concerning the REOI process;

h. any other purpose related to the REOI process; and

i. the development of any other request for proposal process or request for tender process conducted by the Department or verifying the currency, consistency and adequacy of information provided under any other procurement process conducted by the Department.

8. Policy and Law

8.0. Governing Law

8.0.1. This REOI is to be construed in accordance with, and any matter related to it is to be governed by, the law of the Australian Capital Territory. The courts of that Territory have non-exclusive jurisdiction to decide any matter related to this REOI.

8.1. Ethical Dealing

8.1.1. The Commonwealth’s policy is to promote the ethical use of Commonwealth resources and to engage in ethical behaviour throughout its procurement processes. The Commonwealth requires the same standards from those with whom it deals.

8.1.2. EOIs must be compiled without improper assistance of any current or former officer, employee, contractor or agent of the Department and without the use of information improperly obtained or in breach of an obligation of confidentiality.



8.1.3. Respondents must not:

a. engage in misleading or deceptive conduct in relation to EOIs or the REOI process;

b. engage in any collusive tendering, anti-competitive conduct, or any other unlawful or unethical conduct with any other Respondent, or any other person in connection with the preparation of their EOI or the REOI process;

c. attempt to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the Department, or violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the REOI process;

d. engage in, or procure or encourage others to engage in, activity that would result in a breach of the Lobbying Code of Conduct available at http://lobbyists.pmc.gov.au/conduct_code.cfm; or

e. otherwise act in an unethical or improper manner or contrary to any law.

8.1.4. The Department may exclude from consideration any EOI lodged by a Respondent that has engaged in any behaviour contrary to clause 8.1. In addition, the Department may refer the matter to relevant Commonwealth, State or Territory authorities. This right is in addition to any other remedies the Department may have under law or in any contract with a successful Respondent.

8.2. Conflicts of Interest

8.2.1. Respondents should represent and declare in Form 1C - Respondent’s Deed to Part 7 - EOI Response Forms, whether at the time of lodging their EOI, a conflict of interest concerning itself or a related entity exists, or might arise during this EOI process or the term of any contract entered into as a result of the subsequent approach to market or in relation to their EOI.

8.2.2. A conflict of interest means any matter, circumstance, interest, or activity affecting the Respondent (including the officers, employees, agents and subcontractors of the Respondent) which may or may appear to impair the ability of the Respondent to provide the Services diligently, fairly and independently.

8.2.3. A conflict of interest may exist if:

a. the Respondent or any of its personnel have a relationship (whether professional, commercial or personal) with the Department’s personnel and consultants involved in the evaluation of EOIs; or

b. the Respondent has a relationship with, and obligations to, an organisation which would affect the provision of the Services or would bring disrepute to or embarrass the Department.

8.2.4. If at any time during this REOI process or prior to entering into any contract, an actual or potential conflict of interest concerning itself or a related entity arises or may arise for any Respondent, that Respondent should immediately notify the Contact Officer in writing.

8.2.5. If a conflict of interest arises, the Department may:

a. exclude the EOI from further consideration;

http://lobbyists.pmc.gov.au/conduct_code.cfm



b. enter into discussions to seek to resolve the conflict of interest; or

c. take any other action it considers appropriate.

8.3. Application of Law and Commonwealth Policy

8.3.1. Respondents are considered to have familiarised themselves with all relevant Commonwealth legislation and policies relating to the REOI process and the provision of the proposed Services, which includes Division 137.1 of the Criminal Code which makes it an offence to knowingly provide false or misleading information to a Commonwealth entity.

8.3.2. Respondents should also familiarise themselves with Commonwealth legislation and policies that may apply to the provision of the proposed Services, any resultant RFT process and any resultant contract (if any). These may include:

a. Public Governance, Performance and Accountability Act 2013 (Cth) and associated instruments and related Commonwealth guidelines;

b. the Freedom of Information Act 1982 (Cth) which requires Australian Government Departments and agencies to provide access to certain documents in their possession;

c. the Auditor-General Act 1997 (Cth) which allows the Auditor-General to conduct a review or examination, at any time, of any aspect of the operations of Australian Government agencies;

d. Competition and Consumer Act 2010 (Cth);

e. the Ombudsman Act 1976 (Cth) which authorises the Ombudsman to investigate the administrative actions of Australian Government Departments and agencies and to investigate the actions of certain Australian Government contractors;

f. the Privacy Act 1988 (Cth) (Privacy Act) establishes a national scheme providing for the appropriate collection, holding, use, correction, disclosure and transfer of personal information by public and private sector organisations. Respondents should obtain, and will be deemed to have obtained, their own advice on the impact of the Privacy Act on their participation in this REOI process and any subsequent contractual arrangement. Any contract entered in connection with this REOI or in relation to an EOI will require the Respondent to comply with the Privacy Act as if they were an agency for the purposes of that Act;

g. the Work Health and Safety Act 2011 (Cth) which requires a person conducting a business or undertaking to ensure the health and safety of all workers;

h. the Disability Discrimination Act 1992 which requires Respondents to comply in accordance with the National Disability Strategy 2010-2020.

i. the Fair Work Act 2009 (Cth) or any applicable workplace relations laws;

j. the Indigenous Procurement Policy, which is intended to stimulate Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy;

k. the Lobbying Code of Conduct is intended to promote trust in the integrity of government processes and ensure that contact between lobbyists and Government



representatives is conducted in accordance with public expectations of transparency, integrity and honesty. Lobbyists and Government representatives are expected to comply with the requirements of the Lobbying Code of Conduct (the "Lobbying Code") in accordance with their spirit, intention and purpose. The Lobbying Code requires that Government representatives shall not knowingly be a party to a lobbying activity where the Lobbyist is not registered on the Prime Minister & Cabinet’s Register of Lobbyists. A copy of the Lobbying Code is available at: http://lobbyists.pmc.gov.au/conduct_code.cfm

l. the Australian Government’s Multicultural Access and Equity Policy. The Respondents’ attention is drawn to the Department of Social Services’ Multicultural Access and Equity Action Plan 2016-17 which sets out the steps for improving responsiveness to Australia’s cultural and linguistic diversity at https://www.dss.gov.au/our-responsibilities/settlement-and-multiculturalaffairs/programs-policy/multicultural-access-and-equity.

m. Respondents should be familiar with the requirements of record keeping in an outsourced environment, particularly the National Archives of Australia publication "Records Issues for Outsourcing" (copies can be downloaded from: http://www.naa.gov.au/Images/GDA25_tcm16-47736.pdf) and Archives Act 1983 (Cth);

n. Respondents' attention is drawn to the Australian Government policy on the usage of environmental management systems (EMS) where Agencies are encouraged to develop and implement an EMS for at least one (1) of their sites to improve their environmental performance and reduce their environmental impact. Further information is available at: http://www.environment.gov.au/topics/sustainable-communities/government-sustainability/environmental-management

o. Respondents' attention is drawn to the Energy Efficiency in Government Operations (EEGO) Policy which aims to reduce the energy consumption of Australian Government operations, where relevant to the provision of the Services. See the Department of Industry and Science's 'Energy in Government Operations' website at: https://industry.gov.au/Energy/EnergyEfficiency/Documents/energy-efficiency/eego-fs1.pdf

p. Respondents' attention is drawn to the Web Content Accessibility Guidelines Version 2.0 (WCAG 2.0) at http://www.w3.org/TR/WCAG20,and policies relating to web accessibility at: https://www.dta.gov.au/standard/designguides/making-content-accessible

q. Respondents' attention is drawn to the European Standard (EN 301 549), which Standards Australia will adopt to create an Australian Standard on ICT accessibility. Further information on EN 301 549 is available at: http://mandate376.standards.eu/standard

r. Respondents' attention is drawn to the Digital Service Standard for all Services which are within the scope of the Digital Service Standard, as detailed by the Australian Government Digital Transformation Agency. Further information is available at: https://www.dta.gov.au/standard/

http://www.naa.gov.au/Images/GDA25_tcm16-47736.pdf

http://www.environment.gov.au/topics/sustainable-communities/government-sustainability/environmental-management

http://www.environment.gov.au/topics/sustainable-communities/government-sustainability/environmental-management

https://industry.gov.au/Energy/EnergyEfficiency/Documents/energy-efficiency/eego-fs1.pdf

https://industry.gov.au/Energy/EnergyEfficiency/Documents/energy-efficiency/eego-fs1.pdf

https://www.dta.gov.au/standard/designguides/making-content-accessible

https://www.dta.gov.au/standard/designguides/making-content-accessible

https://www.dta.gov.au/standard/



s. Secure cloud is a term used for services able to meet the privacy and security requirements for critical government systems. DIBP is obliged to comply with the Australian Government's policy which requires Agencies to consider cloud solutions as a priority when rolling out or replacing ICT infrastructure, applications or services. The Australian Signals Directorate has certified two (2) cloud service providers to store classified information and ten (10) providers to store sensitive information that is not categorised as classified (see: https://www.asd.gov.au/infosec/irap/certified_clouds.htm). Further information can be found at https://www.dta.gov.au/. Where Respondents propose cloud based solutions, they should include suitable material in their EOI about the proposed cloud services, including about proposed risk management, data security, privacy and any storage and processing of data offshore, so that the Department can properly consider the benefits of such services against the identified risks.

t. the Department encourages Respondents to submit and/or develop open source software for their EOI. When responding to this REOI, Respondents should demonstrate a willingness to actively consider open source software throughout all stages of procurement, solution design and implementation in order to produce a product that demonstrates value for money and is fit for purpose. In evaluating EOIs, the Department will consider open source software equally alongside proprietary software.

u. the Department’s policy not to contract with providers engaging Illegal Workers and the Respondent's Deed (Form 1C - Respondent’s Deed to Part 7 - EOI Response Form) contains a statement from the Respondent confirming that it will comply with this policy;

v. see also the National Waste Policy and the Australian Packaging Covenant, copies of which are available at the Department of Environment website: http://www.environment.gov.au/;

8.3.3. the Department’s policy not to contract with providers who have had a judicial decision against them (not including decisions under appeal) relating to employee entitlements and have not satisfied any resulting order. The Respondent's Deed (Form 1C - Respondent’s Deed to Part 7 - EOI Response Form) requires the Respondent to confirm that no such judicial decision has been made against them for which they have not satisfied any resulting order;

8.3.4. Respondents and any nominated subcontractors proposed in the EOI may not at the Closing Time be listed as terrorists under section 15 of the Charter of the United Nations maintained by the Department of Foreign Affairs and Trade under the Charter of the United Nations (Dealing with Assets) Regulations 2008. The Department will not enter into any contractual arrangement with a person or organisation on the list. The Respondent's Deed (Form 1C - Respondent’s Deed to Part 7 - EOI Response Form) requires the Respondent to declare that it and any subcontractors are not listed;

a. the obligations under the Charter of the United Nations Act 1945 (Cth), the Autonomous Sanctions Act 2011 (Cth), and other associated Acts and regulations. These laws require any person who holds assets or funds belonging to a person or organisation on the list of persons and entities designated as terrorists or otherwise

https://www.asd.gov.au/infosec/irap/certified_clouds.htm

https://www.dta.gov.au/

http://www.environment.gov.au/



subject to sanctions to immediately freeze those assets. It is an offence to make any funds or assets available to a person or organisation on the list. The list and more information are available at Australia's Implementation of United Nations Security Council Financial Sanctions. The Respondent's Deed (Form 1C - Respondent’s Deed to Part 7 - EOI Response Form) requires Respondents to declare that they and any subcontractors comply with these sanctions regimes; and

b. any obligations applicable to any successful Respondent contained in the legislation arising from the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

8.3.5. Respondents’ attention is drawn to Chapter 7 of the Criminal Code (Cth), which provides:

a. that giving false and misleading information to the Department is a serious offence; and

b. for offences that attract substantial penalties. These offences include theft of Commonwealth property and other property offences, obtaining property or financial advantage by deception, offences involving fraudulent conduct, bribery, forgery and falsification of documents.

9. Small to medium enterprises

9.0.1. Respondents should note that the Commonwealth is committed to Commonwealth agencies sourcing at least ten (10) per cent of their purchases by value from small to medium enterprises (SMEs). An SME is an Australian or New Zealand registered firm with fewer than 200 full time equivalent employees.

9.0.2. Respondents are encouraged to include the participation of SMEs in their EOIs.

10. Indigenous Procurement Policy

10.0.1. Respondents should note that the Indigenous Procurement Policy applies to this procurement. More information on the Indigenous Procurement Policy can be found at www.dpmc.gov.au/indigenousaffairs.

10.0.2. In particular, Respondents should note the purpose of the Indigenous Procurement Policy is to stimulate Indigenous entrepreneurship and business development, providing Indigenous Australians with more opportunities to participate in the economy (see the Indigenous Procurement Policy for further information).

10.0.3. In its EOI, each Respondent is requested to detail how it will increase its:

a. purchasing from Indigenous enterprises (being an organisation that is 50 per cent or more Indigenous owned that is operating a business); and

b. employment of Indigenous Australians, in the delivery of any resulting agreement.

10.0.4. Purchases from an Indigenous enterprise may be in the form of engagement of an Indigenous enterprise as a subcontractor, and/or use of Indigenous suppliers in the Respondent's supply chain.

http://www.dpmc.gov.au/indigenousaffairs



11. Workplace Gender Equality Act 2012 (Cth)

11.0.1. Commonwealth policy prevents the Commonwealth from entering into contracts with suppliers who are non-compliant under the Workplace Gender Equality Act 2012 (Cth) (WGE Act). Any contract resulting from the subsequent approach to market will require that a successful Tenderer must:

a. comply with its obligations, if any, under the WGE Act; and

b. provide a current letter of compliance within 18 months from the commencement date of the contract and following this annually to the Commonwealth.

11.0.2. Respondents should indicate in the Respondent's Deed (Form 1C - Respondent’s Deed to Part 7 - EOI Response Form) whether or not the organisation is a ‘relevant employer’ under the WGE Act and, if applicable, provide a current letter of compliance as part of their EOI, or when requested by the Commonwealth.

12. Compliance with the Building Code

12.0.1. The Building Code applies to the Services if the Respondent's proposed solution involves Building Work.

12.0.2. If the Respondent's proposed solution involves Building Work, as part of their EOI, Respondents must submit a substantially completed 'Declaration of Compliance', substantially in the form of Form 7 - Declaration of Compliance (Building Code) to Part 7 - EOI Response Form (Declaration of Compliance). This is a Minimum Content and Format Requirement and the provisions of clause 15.1 apply.

12.0.3. The Department will exclude Respondents from further consideration if at any time before a contract (if any) is executed in relation to the Works the Department considers that a Respondent has not met the following requirements:

a. Respondents and their Related Entities are not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code;

b. Respondents and their Related Entities are not subject to an Exclusion Sanction;

c. subject to the exceptions set out in subsection 26(5) of the Building Code, the Respondent must not have had an adverse decision, direction or order made by a court or tribunal for a breach of the BCIIP Act, a Designated Building Law, WHS Laws or competition and consumer law (including, but not limited to, the Competition and Consumer Act 2010 (Cth)) and failed to comply with the decision, direction or order; and

d. the Respondent must, if it is ultimately the successful Tenderer, undertake to only use products in relation to the Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia Limited (ABN 85 087 326 690).

12.0.4. The Department will exclude Respondents from further consideration if at any time before a contract (if any) is executed in relation to the Works they are excluded from performing Building Work funded by a State or Territory government (unless approval to engage the Respondent has been obtained from the ABC Commissioner).



13. Accreditation under the Australian Government Building and Construction WHS Accreditation Scheme

13.0.1. The Australian Government Building and Construction WHS Accreditation Scheme (Scheme) established by the BCIIP Act applies if the cost of the Works exceeds four million dollars ($4 million) (GST inclusive).

13.0.2. If the Respondent is to be the builder in respect of the Works or any part of them, the Respondent:

a. must be accredited under the Scheme when entering into contracts for the Works including when entering into a contract with the Department (if any); and

b. must comply with all conditions of accreditation under the Scheme.

13.0.3. If the Scheme applies and the Respondent is not to be the builder, the Respondent:

a. must not contract with a builder to carry out building work as defined in section 5 of the BCIIP Act for the purposes of carrying out the Works if the builder is not accredited under the Scheme at the time that the contract for the Works is entered into; and

b. must require that the builder contracted to undertake the building works for the purposes of carrying out the Works remains accredited under the Scheme while carrying out the Works and to comply with all conditions of accreditation under the Scheme.

13.0.4. For the purposes of clauses 13.0.1 to 7.1.1 (inclusive), ‘builder’ has the same meaning given to that term in the Building and Construction Industry (Improving Productivity) Act 2016 (Cth).

14. Matters Concerning EOI Response

14.0. EOI Response Criteria and Checklist

14.0.1. Respondents should address each of the Evaluation Criteria specified at Part 5 – Evaluation by completing the EOI Response Forms contained in Part 7 – EOI Response Forms.

14.0.2. A REOI response checklist at Part 7 is provided as guidance only for Respondents to confirm that they have enclosed all relevant material in their EOI.

14.0.3. Respondents may include additional information in their EOI; however, a Respondent's response to each of the EOI Response Forms will form the basis of the evaluation. Respondents should refrain from providing “marketing materials” and background information already provided to the Department or otherwise available in the public domain.

14.0.4. In Form 4B – Response to Pricing Information to Part 7 - EOI Response Forms, the Respondent is requested to provide pricing model information which will not be evaluated as part of the REOI process. However, Respondents are strongly requested to provide this information in order to assist the Department in obtaining the necessary information to progress this project to the next stage of the process.



14.1. Respondents to inform themselves

14.1.1. Information in this REOI concerning current or past requirements, volumes, location, environment or other relevant matters has been prepared from information available to the Department and may not have been independently verified. Such information may:

a. be based on projections from historical information, which may not be accurate; and

b. assume trends or events or other matters that may not be valid, or eventuate as and when expected, or at all.

14.1.2. In addition, the Department does not guarantee that this information will remain true at any future point in time.

14.1.3. The Department has no liability to any Respondent should any information or material provided with respect to this REOI or the Services, be inaccurate or incomplete, or if actual volumes, locations, environments or other relevant matters vary from the Department’s current expectations. The Department also has no liability to any Respondent who misinterprets any information or material provided with respect to this REOI or the Services and has not sought to clarify their interpretation.

14.1.4. Respondents are considered to have:

a. examined this REOI including any variations or addenda to the REOI, any documents referenced in this REOI and any other information made available by the Department to Respondents for the purpose of responding to this REOI;

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 EOI;

c. satisfied themselves as to the accuracy and sufficiency of their EOIs including any prices; and

d. examined the AusTender Terms of Use, which are obtainable on the AusTender website (https://www.tenders.gov.au).

14.1.5. In preparing their EOIs, Respondents should not rely on:

a. 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 6.2; or

b. any warranty or representation made by or on behalf of the Department, except as are expressly provided for in this REOI.

14.1.6. Other than in relation to payment for a Respondent participating in Co-design as specifically agreed in the Participation Deed, the Department will not be responsible for any costs or expenses incurred by Respondents in complying with the requirements of this REOI.




14.2. Disclaimer

14.2.1. To the extent permitted by law, the Department is not liable to any Respondent on the basis of any contract or other understanding (including any form of contractual, quasi contractual, restitutionary or promissory estoppel rights, implied obligations or rights based on similar legal or equitable grounds) whatsoever, or in negligence, as a consequence of any matter relating or incidental to this REOI, the procurement of any or all of the requirements covered by this REOI or a Respondent’s participation in this REOI process, including instances where:

a. a Respondent is not invited to participate in any subsequent process following completion of this REOI process;

b. the Department varies the REOI process;

c. the Department elects to enter into a contract for all or any of the requirements covered by this REOI with any party, whether or not that party was a Respondent in this REOI process;

d. the Department decides to suspend or terminate the REOI process or not to tender or contract for all or any of the requirements covered by this REOI;

e. the Department decides to proceed with an open tender for the Services or any part of the Services; or

f. the Department exercises or fails to exercise any of its other rights under or in relation to this REOI.

14.3. Complaints

14.3.1. Any complaints arising out of the REOI process should be directed to the Contact Officer.

15. General Matters

15.0. Conditions for Participation

15.0.1. The Conditions for Participation are set out in 'Conditions for Participation', Part 1 REOI Details.

15.0.2. Subject to clause 6.4.2, Respondents that do not meet one or more of the Conditions for Participation set out in Part 1 will be excluded from further consideration.

15.0.3. The Department may at any time during the evaluation process reach the view that a Respondent does not meet one or more Conditions for Participation.

15.1. Minimum Content and Format Requirements

15.1.1. The EOI must meet each of the Minimum Content and Format Requirements set out in 'Minimum Content and Format Requirements', Part 1 REOI Details.

15.1.2. Subject to clause 6.4.2, Respondents that do not meet one or more of the Minimum Content and Format Requirements set out in Part 1 will be excluded from further consideration.



15.1.3. The Department may at any time during the evaluation process reach the view that a Proposal does not meet one or more Minimum Content and Format Requirements.

15.2. Competitive neutrality and funds transfer

15.2.1. Respondents from the public sector should note that competitive neutrality requires that Government businesses should not enjoy net competitive advantages over their private sector competitors by virtue of public sector ownership.

15.2.2. Australian Government policy requires Australian Government agencies to effect payment to its suppliers via electronic funds transfer direct to suppliers’ bank accounts, unless exceptional circumstances exist where a supplier has limited access to banking facilities in remote areas.

15.3. Consortia, Joint and Part EOIs

15.3.1. A consortium may submit an EOI on the basis that one legal entity will take full responsibility. The EOI should provide full details of that legal entity (or proposed legal entity), the consortium members and any proposed subcontractors.

15.3.2. The Department will not consider EOIs for only part of the Services. The Department will manage the Service Providers relationships from other ‘Bundles’, however the Respondent will be required to work collaboratively with other service providers.

15.4. Alternative EOIs

15.4.1. The Department may consider an alternative approach or solution that does not meet all aspects of the Statement of Requirement as long as the Respondent also submits a separate EOI containing a solution which does so. Respondents should provide in any alternative EOIs a response which clearly:

a. complies with all Conditions for Participation and Minimum Content and Format Requirements set out in this REOI;

b. proposes a solution which satisfies the requirements of the Statement of Requirement;

c. separately identifies, in detail, the proposed alternative approach or solution;

d. specifies each instance of change from the Statement of Requirement;

e. states the reasons for each instance of change; and

f. demonstrates that the proposed alternative approach or solution is more beneficial to the Department than the approach specified in this REOI.

15.4.2. Failure to provide this information may result in the Department not considering the alternative EOI.

15.5. Contact Officer

15.5.1. All enquiries in relation to this REOI are to be:

a. in writing by email;

b. directed to, and only to, the Contact Officer, specified in Part 1; and



c. received by the Contact Officer before the Deadline for Submission of Respondents' Questions.

15.5.2. The Department may, at its sole and absolute discretion, refuse to accept any enquiry not made in accordance with clause 15.5.

15.5.3. The Department reserves the right to publish on AusTender any enquiry of the meaning of the content of this REOI and the Department's response, on a non-attributable basis.

16. Evaluation of EOIs

16.0. Evaluation Process

16.0.1. Following the Closing Time, EOIs will be evaluated in the manner described in Part 5 – Evaluation.

16.1. Security, Probity and Other Checks

16.1.1. The Department may perform such security, probity and financial investigations and procedures as the Department may determine are necessary in relation to Respondents, their employees, officers, partners, associates, subcontractors or related entities and their officers, employees and subcontractors or their proposed subcontractors.

16.1.2. Respondents should promptly provide the Department with such information or documentation that the Department requires in order to undertake such investigations. The Department may exclude an EOI from further consideration if the Respondent does not promptly provide all reasonable assistance to the Department in this regard, or based on the outcomes of the investigations or procedures.

16.1.3. The EOI evaluation process may involve:

a. visits to some or all Respondents' sites; or

b. discussions with, and/or visits to, customers or subcontractors of some or all Respondents, whether or not the customers are provided as referees by the relevant Respondent.

16.1.4. The Department may make independent enquiries about any matters that may be relevant to the evaluation of an EOI.

16.2. Clarification, Short Listing and Tendering

16.2.1. The Department may:

a. use any relevant information obtained in relation to an EOI (provided in the EOI itself, otherwise through this REOI or by independent inquiry) in the evaluation of EOIs;

b. use any information contained in or received throughout this process to inform future procurement processes or may input this information directly into future procurement documentation (without assigning who this information was provided from);



c. seek clarification or additional information from any Respondent, potentially including through seeking some or all Respondents to present their proposed solution to the Department;

d. Short List Respondents at any stage during the REOI process;

e. reconsider any Respondents that were Short Listed at the Scenario Based Design and Evaluation Phase of the REOI process, and invite any one or more of those Short Listed Respondents to participate in any Request for Tender or other approach to market in respect of the Services;

f. invite any or all Short Listed Respondents, any or all Respondents that were not Short Listed at any stage during the REOI process, or any combination of Respondents to participate in any Request for Tender or other approach to market in respect of the Services;

g. decide not to proceed with any Request for Tender or other approach to market in respect of the Services;

h. approach the open market for the Services; and

i. terminate the REOI process and at its discretion discontinue any further work in the area of this REOI process or approach organisations or individuals not included in this REOI process.

16.2.2 If the Department requires clarification of information contained in an EOI, it will request clarification from the Respondent. The Department will not accept information provided in response to a request for clarification if that information alters the original EOI in any material respect, except where additional information is provided by the Respondent as part of their participation in the Scenario Based Design and Evaluation Phase and Co-design Phase. If the Respondent fails to supply clarification to the satisfaction of the Department, the Department may exclude the EOI from further consideration.

16.2.3 In respect of clause 16.2.2, Respondents should:

a. respond to any request for clarification within the time period and in the format specified by the Department;

b. ensure that clarifying information provided answers the Department's enquiry and is fully consistent with the EOI submitted by the Respondent; and

c. not seek to materially alter any aspect of their EOI by providing additional information to the Department, except where additional information is provided by the Respondent as part of their participation in the Scenario Based Design and Evaluation Phase and Co-design Phase.

16.2.2. Respondents should nominate in their EOI a person for the purpose of responding to any enquiries which may arise during evaluation of EOIs or receiving other notices during the REOI process. Respondents should include the name, address and contact details of that person in the form at Form 1C - Respondent’s Details to Part 7 - EOI Response Forms. The person nominated by the Respondent should be authorised to represent and bind the Respondent in relation to this REOI.



17. Other Matters

17.0. Public Statements

17.0.1. Except with the prior written approval of the Department, Respondents must not make a statement, issue any document or material or provide any other information for publication in any media, concerning this REOI process, its EOI, the EOI evaluation, creation of a Short List, or notification that a Respondent has been selected to tender for the Services.

17.0.2. The Department may exclude an EOI from further consideration if the Respondent does not comply with the requirement at clause 17.0.1.

17.1. No contract or undertaking

17.1.1. This REOI is an invitation for Respondents to indicate their interest in providing their proposed solution.

17.1.2. No binding contract (including a process contract) or other understanding (including any form of contractual, quasi-contractual, restitutionary rights, or rights based upon similar legal or equitable grounds) will exist between the Department and a Respondent in relation to the proposed solution unless and until a resultant contract (if any) is signed by the Department and a successful Tenderer.

17.1.3. Clause 17.1.2 does not apply to clause 7.2.3 and any Respondent's Deed, Deed of Confidentiality and Participation Deed executed by a Respondent.

17.2. Additional Rights of the Department

17.2.1. Without limiting other rights contained in this REOI, at law or otherwise, the Department may do any or all of the following at any time:

a. amend this REOI;

b. seek amended EOIs or call for new EOIs;

c. forward any clarification about this REOI to all known Respondents on a non-attributable basis and without disclosing any confidential information of a Respondent;

d. allow or not allow another legal entity to take over an EOI in substitution for the original Respondent, including where an event occurs that has the effect of substantially altering the composition or control of the Respondent or the business of the Respondent;

e. Short List or not Short List or qualify or not qualify any Respondents in respect of the Services referred to in this REOI, as it deems appropriate;

f. reconsider any EOIs that were not Short Listed at any stage of this REOI process;

g. obtain additional information or clarification from any Respondent or anyone else (including by way of a presentation or interview) and use this information for the evaluation of EOIs;

h. provide additional information or clarification to any Respondent or anyone else;



i. select and proceed directly to negotiation with one or more Respondents without proceeding to a request for tender;

j. publish or disclose the names of any Respondent(s);

k. reassess its needs in relation to the Services, including further development of the Statement of Requirement;

l. use information obtained through this REOI process (including EOIs that have been excluded during the REOI process) to inform and conduct any subsequent RFT(s) or other approach to market or inform Government decision making;

m. add to, alter, delete or exclude any of the Services to be provided; and

n. negotiate with one or more persons, including any who have not submitted EOIs or enter into a contract or other binding relationship for similar services to the Services outside the REOI process.

17.2.2. Disclosure to Respondents of any information concerning this REOI process is at the complete discretion of the Department unless expressly provided otherwise in this REOI.

17.3. Other rights not affected

17.3.1. Exclusion by the Department of any EOI from consideration is without prejudice to any of the Department's other rights in connection with the circumstances giving rise to the exclusion.

17.4. Debriefing

17.4.1. Respondents may request an EOI debriefing at the conclusion of the REOI process. If the Respondent would like a debriefing, it should contact the Contact Officer to arrange a suitable time.

17.4.2. Respondents will be debriefed against the evaluation criteria set out in this REOI. A Respondent will not be provided with information concerning other EOIs, except for publicly available information. No comparisons with other EOIs will be made.

17.5. Sharing contact details

17.5.1. The Department encourages early planning. To assist potential Respondents, the Department has offered an opportunity for interested organisations to provide their contact details for sharing with other organisations for these purposes (Opt-In Organisations) through the Further Material Registration Form.

17.5.2. A Respondent that has not opted to provide their contact details as part of this process through the Further Material Registration Form can follow the process set out in this clause.

17.5.3. The Department will compile each Opt-In Organisation's contact details into a list of all Opt-In Organisations (Opt-In Organisation List). The Opt-In Organisation List will be distributed directly to all Opt-In Organisations and will not otherwise be disseminated or published on AusTender.



17.5.4. Should Respondents wish to take up this opportunity, Respondents can do so by providing the following details via email to [email protected]:

a. a statement to the effect that:

i. you consent to the release of your organisation's name and contact email (provided in this email) to other Opt-In Organisations, for the purposes of facilitating communication with those Opt-In Organisations about potential teaming arrangements for the Delivering Visa Services for Australia – Global Digital Platform REOI process;

ii. the Respondent agrees:

A. to ensure that the Opt-In Organisation List is kept confidential and in accordance with the Privacy Act 1988 (Cth), and is only provided to persons within your organisation who are authorised to receive such information;

B. that the Opt-In Organisation List is not to be disclosed outside your organisation without the prior written agreement of the Department; and

C. to only use the Opt-In Organisation List for the purposes of facilitating communication with Opt-In Organisations in relation to the Delivering Visa Services for Australia – Global Digital Platform REOI process.

b. the following details:

Organisation Email Address Phone Number

Other information (if any)

Example Department of Immigration and Border Protection

[email protected] (02) 6264 1111

[This may include information in relation to the potential services proposed to be provided / potential organisations you may be looking to partner with.]

17.5.5. By submitting contact details for inclusion in the Opt In Organisation List, each organisation acknowledges, agrees and consents that:

a. their contact details will be added to the Opt In Organisation List;

b. the Opt In Organisation List, which will contain their contact details, will be distributed to other Opt In Organisations;

c. the Department takes no responsibility for the accuracy or currency of any contact details included in the Opt In Organisation List;

mailto:[email protected]




d. the Department takes no responsibility for connecting organisations (including any Opt In Organisations) and that any contact between organisations is at the sole discretion, risk and responsibility of each organisation;

e. the Department will not be liable or in any way responsible for any loss, cost, expense, claim or damage incurred by any organisation arising from:

i. its decision to become or not to become an Opt In Organisation;

ii. the Opt In Organisation List, including any contact details included in the Opt In Organisation List, being disseminated beyond the Opt In Organisations; or

iii. the accuracy or currency (or otherwise) of contact details recorded on the Opt In Organisation List;

f. upon receipt of the Opt In Organisation List, it will use the contact details of Opt In Organisations included in the Opt In Organisation List solely for the purpose of contacting those organisations in relation to the Department’s procurement processes relating to Delivering Visa Services for Australia; and

g. it will not share or otherwise disseminate the Opt In Organisation List with any other person or organisation.

17.5.6. This process is only open for the duration of the REOI process and closes at the Closing Time.

17.5.7. At any stage organisations may identify other organisations to contact and/ or partner with at their sole option and discretion.



REQUEST FOR EXPRESSION OF INTEREST FOR


DIBP REOI 22/17-B1

PART 7 – REOI RESPONSE FORMS



Table of Contents Checklist ................................................................................................................................................. 3

Form 1A: Respondent Details ................................................................................................................. 6

Form 1B: Proposed Subcontractor Details .............................................................................................. 8

Form 1C: Respondent’s Deed ............................................................................................................... 10

Form 2: Response to Evaluation Criterion 1: Proposed solution .......................................................... 19

Form 3: Response to Evaluation Criterion 2: Delivery Capability and Approach ................................ 23

Form 4A: Response to Evaluation Criterion 3: Commercial Model ..................................................... 28

Form 4B: Response to Pricing Information Requests ........................................................................... 36

Form 5A: Response to Evaluation Criterion 4: Risk – Details of Financial Capacity and Corporate Capacity of the Respondent .................................................................................................................. 40

Form 5B: Response to Evaluation Criterion 4: Risk – Details of Financial Capacity and Corporate Capacity of key subcontractors ............................................................................................................. 46

Form 6: Details of Confidential Information ........................................................................................ 49

Form 7 – Declaration of Compliance (Building Code) ......................................................................... 50

Form 8 – Indigenous Procurement Policy ............................................................................................. 58



PART 7. REOI RESPONSE FORMS Respondents should ensure that their EOIs include, at a minimum, each of the REOI Response Forms attached to Part 7. Respondents should refer to the checklist below for further guidance about how to complete these Response Forms.

Checklist Note to Respondents: This checklist is provided as guidance only for Respondents to confirm that they have enclosed all relevant material in their EOI.

Response Lodgement Subject Item to be checked Checked

Response Presentation Have the correct number of copies in the correct format been uploaded to AusTender?

yes

no

Are all EOI file name/s provided and titled in accordance with relevant title for each Response Form set out in this Part 7?

yes

no

Have all Response Forms been included in the EOI? yes

no

Compliance with Minimum Content and Format Requirements and Conditions for Participation

Subject To be Provided Compliance

Minimum Content and Format Requirements (refer to Part 1 - REOI Details)

The Respondent must provide as part of its EOI a copy of the Respondent’s Details substantially in the form provided in Form 1A to Part 7 – REOI Response Forms.

yes

no

The Respondent must provide as part of its EOI a completed and signed Respondent’s Deed substantially in the form set out in Form 1C to Part 7 – REOI Response Forms.

yes

no

Does the Respondent's proposed solution involve Building Work?

If the Respondent's proposed solution involves Building Work, the Respondent must provide as part of its EOI a completed and signed Declaration of Compliance substantially in the form set out at Form 7 to Part 7 – REOI Response Forms.

yes

no

If the Respondent answered yes to the above:

yes

no



Subject To be Provided Compliance

The EOI must be written in English. yes

no

Measurements in the Response must be expressed in Australian legal units of measurement.

yes

no

Conditions for Participation (refer to Part 1 of the REOI Details)

The Respondent must not have had any judicial decisions against it (excluding decisions under appeal) relating to employee entitlements and have not paid the claim. [Note to Respondents: This Condition for Participation is addressed in the Respondent Declaration at Form 1C of Part 7 – REOI Response Forms.]

yes

no

The Respondent, its personnel, and any subcontractors proposed in the EOI must not, at the Closing Time, be listed as terrorists under section 15 of the Charter of the United Nations Act 1945 (Cth). [Note to Respondents: This Condition for Participation is addressed in the Respondent Declaration at Form 1C of Part 7 – REOI Response Forms.]

yes

no

The Respondent (and any subcontractor proposed in its EOI) must not be named in the Consolidated list referred to in Regulation 40 of the Charter of United Nations (Dealing with Assets) Regulations 2008 (Cth). [Note to Respondents: This Condition for Participation is addressed in the Respondent Declaration at Form 1C of Part 7 – REOI Response Forms.]

yes

no



Other information/documentation to be lodged Subject To be Provided Reference

Respondent Details A completed Respondent Details Form. Form 1A

Proposed Subcontractor Details

A completed Subcontractor Details Form (if applicable).

Form 1B

Respondent’s Deed Completed Respondent’s Deed Form. Form 1C

Response to Evaluation Criterion 1: Proposed Solution

Completed Respondent’s response to Evaluation Criterion 1 – Proposed solution

Form 2

Response to Evaluation Criterion 2: Delivery Model and Approach

Completed Respondent’s response to Evaluation Criterion 2 – Delivery model and approach

Form 3

Response to Evaluation Criterion 3: Commercial Model

Completed Respondent’s response to Evaluation Criterion 3 – Commercial model

Form 4A

Completed Respondent’s response to pricing (to be submitted separately from the Respondent’s response to the Evaluation Criteria).

Form 4B and separate excel Spreadsheet

Response to Evaluation Criterion 4: Risk

Evidence of financial capacity and corporate capacity of the Respondent.

Form 5A

Evidence of financial capacity and corporate capacity of the key subcontractors.

Form 5B

Details of Confidential Information

List of information that the Respondent requests to be treated as confidential, if any, specifying the information and giving reasons why it is necessary to keep the information confidential.

Form 6

Building Code Declaration of Compliance

Declaration of Compliance in relation to the Building Code.

[Note to Respondents: Respondents are only required to complete Form 7 if the Respondent's proposed solution involves Building Work.]

Form 7

Indigenous Procurement Policy

Information in relation to the Indigenous Procurement Policy.

Form 8



Form 1A: Respondent Details Respondent Details The Respondent should provide all the information requested in the following table in the Respondent response section below.

Note to Respondents: If the Respondent is part of a consortium, the table below should include the details of the entity nominated to be the prime supplier of the Services as well as each consortium member. In addition the Respondent should outline the proposed consortium structure and the commercial and contractual arrangements between all the consortium members (including the proposed risk allocation) to deliver the Services.

Please provide a summary relationship diagram and supporting narrative that demonstrates the rationale for the proposed structure and provide a description of each consortium member and their proposed role in the delivery of the Services.

Respondent details

Business or trading name

Full legal name of Respondent

Entity type (e.g. company, sole trader, incorporated association, statutory authority, partnership, trustee on behalf of a trust or other (as specified))

ABN (if applicable)

Is the Respondent registered for GST? Yes No

ACN or ARBN (if applicable)

Details of principal place of business / head office (including street address, telephone and fax number)

Details of registered office

Address for notices (if same as 'registered office' above, please write 'as above')

Date and place of incorporation or registration of business (if applicable)

Respondent's business internet address

Is the Respondent a Large Business, SME or Small Business?



[Note to Respondents: Respondent to provide details of the Respondent's representative during the REOI process in the table below.]

Nominated contact details

Surname

First name

Position

Telephone number

Facsimile number

Mobile phone number

Email address

Postal address

Secondary contact details

Surname

First name

Position

Telephone number

Facsimile number

Mobile phone number

Email address

Postal address

Participation Deed

As described in Part 4 – Overview of REOI Process, if the Respondent is Short Listed and invited by the Department to participate in Scenario Based Design and Evaluation it will be required to execute a Participation Deed. Will the Respondent execute a Participation Deed substantially in the form of Attachment C – Participation Deed to the REOI?

yes

no



Form 1B: Proposed Subcontractor Details The Respondent should complete the following table for each nominated subcontractor (if any).

The Respondent should note that in accordance with paragraph 7.19 of the Commonwealth Procurement Rules the names of subcontractors may be publicly disclosed. Respondents must inform relevant subcontractors that the subcontractor's participation in delivering the Services may be publically disclosed and obtain their consent to any such disclosure.

[Note to Respondents: The Respondent will be required to provide details of the financial and corporate capacity of key subcontractors.] (see Form 5B of Part 7 – REOI Response Forms).

Subcontractor

Is the proposed subcontractor a key subcontractor?

yes

no

Business or trading name

Full legal name of legal entity

Entity type (e.g. company, sole trader, other (as specified))

ABN


Details of principal place of business / head office (including street address, telephone and fax number)

Details of the part(s) of the Services which are proposed to be delivered by the subcontractor and summary of their responsibilities

If subcontractors have been nominated, the Respondent should provide a minimum of two (2) referees of organisations that the subcontractor has provided similar products and services for, together with their contact details.

[Note to Respondents: The below table should be completed for each subcontractor proposed by the Respondent.]

Referee contact details

Referee one

Surname

First name

Organisation




Position

Telephone number

Mobile phone number

Email address

Services [Note to Respondents: Please insert description of products and/or services subcontractor provided to this referee.]

Referee two

Surname

First name

Organisation

Position

Telephone number

Mobile phone number

Email address

Services [Note to Respondents: Please insert description of products and/or services subcontractor provided to this referee.]

If a proposed subcontractor is a Small to Medium Enterprise (SME) (being an Australian or New Zealand registered firm with fewer than 200 full time equivalent employees) or Indigenous organisation, the Respondent should specify the organisation name, the percentage of involvement and respective dollar value of SME or Indigenous organisation participation, if any, for the provisions of the Services that the respective subcontractor is to undertake.

Subcontractor

Subcontractor name

ABN


Level of involvement

Value of participation



Form 1C: Respondent’s Deed

Respondents must complete the Respondent's Deed in the following format and include it in their EOI response.

DEED POLL

Date: <insert date>

By: <insert full legal name of Respondent> (Respondent)

1. Context

This deed is provided in connection with the Request for Expression of Interest for Delivering Visa Services for Australia DIBP REOI 22/17-B1 (REOI).

2. Interpretation

In this deed, terms not otherwise defined have the meaning ascribed to them in the REOI.

3. Declaration

The Respondent declares that this deed is for the benefit of the Commonwealth as represented by the Department of Immigration and Border Protection (Department).

4. Compliance with REOI

The Respondent represents that it has read and understood, and that its EOI is submitted in accordance with the REOI.

5. Offer

The Respondent undertakes that it will continue to participate in the REOI process in accordance with the REOI and on the basis of its EOI.

6. No contract

Except the Respondent's Deed, Deed of Confidentiality and Participation Deed executed by the Respondent, the Respondent acknowledges that no binding contract (including a process contract) or other understanding (including any form of contractual, quasi-contractual, restitutionary rights, or rights based upon similar legal or equitable grounds) will exist between the Department and a Respondent in relation to the Services or the Respondent's proposed solution unless and until a resultant contract (if any) is signed by the Department and a successful provider.

7. Acknowledgment a. The Respondent acknowledges that it releases the Department from any claim it might

otherwise have been able to bring against the Department, arising out of or in connection with any of the following:

i. the Department's conduct of, or failure to conduct, the REOI process in any manner or at all;



ii. the Department's Short Listing, or failing to Short List, Respondents at any Phase of the REOI process;

iii. the Department inviting or failing to invite Respondents or Short Listed Respondents to participate in a Request for Tender or any subsequent process following completion of this REOI process; and

iv. the Department's exercising or failing to exercise its sole and absolute discretion to add to, vary or modify or amend the REOI.

b. The Respondent acknowledges and agrees that:

i. to the extent permitted by law, neither the Department nor its officers, employees or advisers will be liable to any person or body for any loss, damage, claim, cost or expense of any nature arising in any way out of or in connection with the statements, opinions, projections, forecast or other representations, actual or implied, contained in or omitted from this REOI or by reason of any reliance on them by any person or body; and

ii. to the extent permitted by law and other than in relation to payment for a Respondent participating in Co-design as specifically agreed in the Participation Deed, neither the Department nor its officers, employees or advisers will be liable to any Respondent on the basis of promissory estoppel, quantum meruit or any other contractual or restitutionary grounds or any rights with a similar legal or equitable basis whatsoever or in negligence as a consequence of any matter or thing relation or incidental to a Respondent's participation in the REOI process, including instances where:

A. a Respondent is not invited to participate in a Request for Tender or any further procurement process;

B. the Commonwealth decides not to proceed with any or all parts of the Services, or does not proceed with a Request for Tender or any further procurement process in relation to any part or all of the Services;

C. the Department decides to approach the open market for the Services or part of the Services;

D. the Department exercises or fails to exercise any of its other rights under or in relation to this REOI (whether or not the Department has informed a Respondent of its exercise of the rights);

E. an EOI or any other material or communication relevant to this REOI is not received in time, is corrupted or altered or otherwise is not received as sent, cannot be read or decrypted, or has its security or integrity compromised; or

F. the Department makes information available or provides information to a Respondent in relation to projected future, current or historical requirements.

8. Confidentiality



a. The Respondent will not, and will ensure that its employees, agents or subcontractors do not, either directly or indirectly record, divulge or communicate to any person any confidential information concerning the affairs of the Department, the Commonwealth or a third party acquired or obtained in the course of the REOI process including preparing an EOI, or any documents, data or information provided by the Department and which the Department indicates to Respondents is confidential or which Respondents know or ought reasonably to know is confidential.

b. The requirement for the Respondent to maintain confidentiality extends to all activities, documents and information associated with the REOI, including but not limited to:

i. the REOI;

ii. the Industry Briefing;

iii. information contained in the Data Room;

iv. all communications with the Contact Officer during the REOI process; and

v. anything else in connection with this REOI process.

9. Ethical Dealing

a. The Respondent represents that its EOI has been compiled without the improper assistance of any current or former Department officer, employee, contractor or agent and without the use of information obtained unlawfully or in breach of an obligation of confidentiality to the Department.

b. The Respondent represents that it has not:

i. engaged in misleading or deceptive conduct in relation to its EOI or the REOI process;

ii. engaged in any collusive , anti-competitive conduct, or any other unlawful or unethical conduct with any other Respondent, or any other person in connection with the preparation of their EOI or the REOI process;

iii. attempted to solicit information from or influence improperly any current or former officer, employee, contractor or agent of the Department, or violate any applicable laws or Commonwealth policies regarding the offering of inducements in connection with the REOI process; or

iv. otherwise acted in an unethical or improper manner or contrary to any law.

10. Declaration of Conflicts of Interest (if any)

a. The Respondent represents and declares that, having made all reasonable enquiries, there is no conflict of interest, as defined in Part 6, Terms and Conditions, clause 8.2.2, concerning itself or a related entity:

i. at the time of lodging this EOI;

ii. that might arise during this EOI process or the term of any contract entered into as a result of the subsequent approach to market; or

iii. in relation to their EOI.



other than as set out below (where no conflict exists write ‘none’. Add lines to the table as required):

Number Conflict 1

The Respondent undertakes to advise the Department in writing immediately upon becoming aware of any actual or potential conflicts of interest in respect of the REOI, its EOI or the provision of the Services.

11. Declaration about proceedings

a. The Respondent declares that there are no proceedings that, to the best of the Respondent’s knowledge and belief after having made proper enquiry are taking place, pending or threatened, against the Respondent or a related body corporate where such proceedings will or have the potential to impact adversely upon either:

i. the Respondent’s capacity to perform and fulfil its obligations if contracted as a result of the REOI process; or

ii. the Respondent’s reputation.

b. If there are no proceedings , indicate "No" below:

c. The Respondent discloses the following proceedings

12. Workplace Gender Equality

Under Commonwealth procurement policy, Respondents are obliged to indicate whether or not they are covered by the Workplace Gender Equality Act 2012 (Cth) (the WGE Act). The Respondent is covered by the WGE Act if it is a ‘relevant employer’, defined as being a non-public sector employer (including higher education institutions, trade unions and not-for-profit organisations) of 100 or more employees in Australia. For more information about the coverage of the WGE Act, contact the Workplace Gender Equality Agency on (02) 9432 7000.

[Note to Respondents: Indicate with a whichever option applies.]

☐ (a) Yes, the Respondent is a relevant employer. The Respondent has attached a current letter of compliance as part of this Response which indicates my compliance with the Workplace Gender Equality Act 2012 (Cth).

☐ (b) Yes, the Respondent is a relevant employer. The Respondent will be providing a current letter of compliance prior to contract.

☐ (c) No, the Respondent is not a relevant employer.



13. Employee entitlements

The Respondent acknowledges that it is the Department's policy that it will not contract with providers who have had a decision against them (not including decisions under appeal) relating to employee entitlements and have not satisfied any resulting order. The Respondent represents that, having made all reasonable enquiries, as at the date of this declaration, it is not subject to any judicial decisions relating to employee entitlements (not including decisions under appeal) for which it has not satisfied any resulting order.

14. Declaration about Illegal Workers

The Respondent acknowledges that it is the Department's policy that it will not contract with providers engaging Illegal Workers and declares that:

a. it and any party proposed by the Respondent to provide any of the Services [has]/[has not] received a penalty or order arising from a Court or Tribunal decision in relation to an Illegal Worker; and

b. it and any party proposed by the Respondent to provide any of the Services [has]/[has not] fully complied with a penalty or order arising from a Court or Tribunal decision in relation to an Illegal Worker.

15. Lobbying Code of Conduct

The Respondent represents and warrants that it has not engaged in, or procured or encouraged others to engage in, activity that would result in a breach of the Lobbying Code of Conduct

Note: The Lobbying Code of Conduct is available at http://lobbyists.pmc.gov.au/conduct_code.cfm.

16. Sanctions a. The Respondent declares neither it, nor any Respondent personnel, proposed

subcontractors or agents or related body corporates, are listed as terrorists under section 15 of the Charter of the United Nations maintained by the Department of Foreign Affairs and Trade under the Charter of the United Nations (Dealing with Assets) Regulation 2008.

Note: The list is available from the Department of Foreign Affairs website.

b. The Respondent declares neither it, nor any Respondent personnel, proposed subcontractors or agents or related body corporates, are named in the consolidated list referred to in regulation 40 of the Charter of United Nations (Dealing with Assets) Regulations 2008 (Cth).

Note: The list is available from the Department of Foreign Affairs website at http://www.dfat.gov.au/icat/UNSC_financial_sanctions.html.

c. The Respondent declares it, and any Respondent personnel, proposed subcontractors or agents or related bodies corporates comply with the United Nations Security Council sanctions regimes under the Charter of the United Nations Act 1945 (Cth) and the Australian autonomous sanctions regimes under the Autonomous Sanctions Act 2011 (Cth).

Note: Further information is available at http://dfat.gov.au/international-relations/security/sanctions/sanctions-regimes/Pages/sanctions-regimes.aspx

http://lobbyists.pmc.gov.au/conduct_code.cfm

http://www.dfat.gov.au/issues/terrorism.html

http://www.dfat.gov.au/icat/UNSC_financial_sanctions.html

http://dfat.gov.au/international-relations/security/sanctions/sanctions-regimes/Pages/sanctions-regimes.aspx

http://dfat.gov.au/international-relations/security/sanctions/sanctions-regimes/Pages/sanctions-regimes.aspx



17. Consents The Respondent:

a. consents to and authorises the Department to undertake such security, probity and/or financial investigations as the Department may determine are necessary in relation to the Respondent, its partners, associates, subcontractors or related entities, and their officers or employees;

b. agrees to provide, at its cost, all such reasonable assistance to the Department in this regard; and

c. agrees to the public disclosure of the name and details of any subcontracts and any subcontractors and acknowledges responsibility to obtain the subcontractor's agreement to the disclosure of this information.

18. Other Laws The Respondent represents that, to the best of its knowledge after having made proper enquiry, it has complied with, and will continue to comply with:

a. any obligations applicable to the Respondent contained in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and

b. all other relevant Laws in preparing and lodging its EOI and taking part in the REOI process.

19. Survival This deed survives the termination or expiry of the REOI process.

20. Governing Law a. This deed is subject to and is to be construed in accordance with the Laws in force in the

Australian Capital Territory.

b. The courts of the Australia Capital Territory will have non-exclusive jurisdiction to decide any matter arising out of this deed.



EXECUTED AS A DEED POLL for the benefit of the Commonwealth of Australia

Execution by a company incorporated in Australia

The following execution block should be used by a Respondent that is a company incorporated in Australia.

Executed by [Name of company] in accordance with Section 127 of the Corporations Act 2001 (Cth)

Signature of director Signature of director/company secretary

(Please delete as applicable)

Name of director (print) Name of director/company secretary (print)

Execution by an attorney Where the Deed of Confidentiality is executed by an attorney under a power of attorney on behalf of a company incorporated in Australia, the Respondent should submit with its executed Deed of Confidentiality a copy of the relevant power of attorney. Powers of attorney must be in the form of a deed executed in accordance with section 127 of the Corporations Act 2001 (Cth).

Signed sealed and delivered by [company name] by its attorney under power of attorney [dated [date of power of attorney] registered number [registered number] book number [book number], who warrants that, as at the date of this deed, they have had no notice of revocation of the power of attorney

Signature of attorney Signature of witness

Name of attorney (print) Name of witness (print)



Execution by a company not incorporated in Australia Where this deed is completed by a company not incorporated in Australia, the company should: (a) if registered in Australia, include the company's ABN or ARBN (or if not registered in

Australia, include any equivalent registration number in its jurisdiction of incorporation, in the place of the ABN or ARBN);

(b) use an appropriate execution block (such as the example block provided below);

(c) state the company's jurisdiction of incorporation;

(d) execute this deed in accordance with the relevant requirements of the jurisdiction of its incorporation; and

(e) on request from the Department, and at the expense of the Respondent, provide a legal opinion from:

(i) a legal practitioner registered to practise in the relevant jurisdiction confirming that the deed has been executed in accordance with the relevant requirements of the jurisdiction in which it has been executed, and is valid and legally binding on the relevant company; and

(ii) a legal practitioner registered to practise in Australia, confirming that the deed is enforceable in the Australian Capital Territory.

The legal opinions should also confirm that the relevant company has validly and irrevocably appointed an Australian based law firm as its agent for acceptance of service of proceedings by the department for breach of the deed.

Signed sealed and delivered by [foreign corporation company name] in the presence of

Signature of witness Signature of authorised signatory

Name of witness (print) Name of authorised signatory (print)



Execution by an entity other than a company The following execution block is should be used by a Respondent that is not a company.

Signed sealed and delivered by and on behalf of [insert name] by a duly authorised representative

Signature of authorised signatory Signature of witness

Name of authorised signatory (print) Name of witness (print)



Form 2: Response to Evaluation Criterion 1: Proposed solution

Criterion 1: Proposed solution

Respondents should describe the proposed business you would establish including the business and technical solution which will underpin it. Describe how, and to what extent this proposed business will deliver the objectives of the GDP as set out in Part 3 – Statement of Requirements, clause 2, and how it realises and integrates the associated value drivers into both the business design and technical solution.

Guidance

Part A: Details of the Respondent's solution

When detailing the proposed solution please describe as a minimum: • the business architecture, business model and business process design; • how the proposed solution would fit within the end to end Visa business (the elements of which are

described at Attachment D – Overview of the Current State) including how it would integrate with the Department and other Bundle providers;

• the technical solution that the Respondent would deploy, covering but not limited to the technical platform architecture, proposed software and hardware components, security design, hosting and support arrangements;

• how the proposed solution will deliver the functional and non-functional requirements detailed in Part 3 – Statement of Requirements, clauses 3 and 4;

• how the proposed solution will deliver the objectives of the GDP as set out in Part 3 – Statement of Requirements, clause 2; and

• the Respondent's approach to the continuous improvement of the GDP and how the Respondent will deliver on-going innovation.

Part B: How and to what extent the proposed solution meets the objectives and value drivers of the GDP

Please explain how the proposed solution will meet the specific objectives of the GDP (see Part 3 – Statement of Requirements, clause 2) and associated value drivers below:

1. Objective 1: How will the Respondent's business and technical solution deliver improved Decision and assessment quality and consistency, including:

o how will the Respondent enable a more codified and automated approach to assessing Visa Applications;

o what strategies and capabilities will the Respondent implement to collect information in a more manner forms to improve its usability in assessments and decisions;

o how will the proposed solution marshal, analyse and present information more effectively to assessors and Decision-makers;

o how will the proposed solution automate the verification and validation of information to increase the integrity of the fact base on which assessments and Decisions are made;

o to what extent will the proposed solution optimise the Visa processing workflow to strategically sequence assessments (e.g. by undertaking lower-cost, more definitive steps first) to both improve the available information and the improve the efficiency of Decision-making; and



o how will the proposed solution provide transparency of the assessment quality drivers and performance of providers of assessments?

2. Objective 2: How will the business and technical solution deliver improved user experience for

Clients (including through value added services), Departmental staff and market providers, including:

o to what extent and how will the proposed solution provide service differentiation based on segmentation of users by need and/or value; a

o to what extent and how will the proposed solution provide increased self-service capabilities to allow self-resolution, avoiding unnecessary compliance and enforcement interactions; and

o how will the proposed solution provide value added services and linking of government and commercial services to enrich the Client experience?

3. Objective 3: How will the Respondent's proposed solution maintain Australia’s international

competitiveness and attractiveness while improving the financial outcomes of the Visa business for Government, specifically:

o describe how the proposed solution could develop commercialisation opportunities to unlock value in existing or new assets in the Visa business that would be shared with the Commonwealth and/or used to defray or eliminate the cost of Visa delivery

o describe the way in which the proposed solution will improve the overall efficiency of visa processing by optimising the workflow that determines the sequencing and approach to each processing step;

o how will the proposed solution reduce the average cost of processing Visa Applications (without sacrificing the quality of the Decision or the service standard to the Client) by:

increasing the level of automation in Visa processing; digitising processing functions that are currently manual, slow and costly; and providing self-service capabilities to avoid higher-cost channels;

o the Respondent's approach to providing transparency of the cost drivers and performance of providers at each stage of the processing value chain; and

o how the Respondent will monitor, re-validate and re-engage Visa holders, including using nudge technology to encourage self-resolution of any current or potential future breaches of Visa conditions avoiding compliance and enforcement expenditure.

Respondents are also invited to address other objectives of the GDP (see Part 3, Statement of Requirements, clause 2) in addition to the above objectives of the GDP specifically listed if the Respondent considers they may also be relevant to this Evaluation Criterion. Respondents should additionally complete the cross-reference table below to ensure they have covered all Bundle requirements and technical functionalities as set out in Part 3, Statement of Requirement, clauses 3 and 4 in their response. Response

[Note to Respondents: Responses to Part A should not exceed 50 pages in length. Responses to Part B should not exceed 5 pages per objective in length (15 pages in total).



Technical functionalities

1.0. For each of the technical functionalities below, the Respondent should indicate:

1.0.1. the extent to which their proposed commercial, business, and technical solution is compliant with the technical functionality ('Completely', 'Partially', 'Does not comply'). Where the proposed solution is not completely compliant, the response should explain why; and

1.0.2. where (page and/or paragraph reference) in the EOI they detail how their proposed solution addresses the technical functionality.

1.1. For the purposes of this REOI, "complies" means:

1.1.1. in the case of a clause/paragraph which specifies a characteristic or performance to be met by the Respondent, that the Respondent can (and will) meet the requirement as specified;

1.1.2. in the case of a clause/paragraph which is of an informative nature only, the clause/paragraph has been read, understood and is agreed; or

1.1.3. in the case of a clause/paragraph where information has been requested, that the information has been provided in the required level of detail and in the required format.

1.2. For the purposes of this REOI "does not comply" means that the characteristic or performance requirement of the clause/paragraph cannot be met by the Respondent.

1.3. For the purposes of this REOI "partially complies" means that the characteristic or performance requirement by the clause/paragraph can be substantially met by the Respondent, subject to certain specified qualifications.

# Technical functionality Addressable Bundle

Requirements Level of

Compliance Response

Reference(s) Comments

1 Delivery of client support and online services as part of the Global Digital Platform

FR6, FR7, FR8, FR9, FR10, FR17

NFR1

e.g. explain reasons for non-compliance or partial non-compliance



# Technical functionality Addressable Bundle

Requirements Level of

Compliance Response

Reference(s) Comments

2 Delivery of an online payment services as part of the Global Digital Platform

FR12, FR13, FR14, FR15

3 Delivery of an online application completion and lodgement process as part of the Global Digital Platform

FR11, FR16, FR18, FR19, FR20, FR21, FR27

4 Assessment of applications in the Global Digital Platform

FR,3 FR22, FR23, FR24, FR25, FR26, FR28, FR29, FR30

NFR20, NFR21

5 Global Digital Platform interaction with the Department, other market providers, other organisations and key stakeholders

FR4, FR31

NFR9, NFR10, NFR11, NFR12, NFR13

6 Privacy and security of data and information provided to and held by the Global Digital Platform

NFR24

7 Voluntary compliance and identification clients who may be in breach of their visa conditions

FR5, FR32, FR33, FR34

8 The Respondent has demonstrated how they will meet the requirements to maintain and update the Global Digital Platform as well as how they will meet the service delivery levels, auditing requirements and information recording and reporting

FR1, FR2

NFR2, NFR3, NFR4, NFR5, NFR6, NFR7, NFR8, NFR14, NFR15, NFR16, NFR17, NFR 18, NFR19, NFR22, NFR23



Form 3: Response to Evaluation Criterion 2: Delivery Capability and Approach

Criterion 2: Delivery Capability and Approach

A) Overview

Describe the delivery capability and approach the Respondent would adopt in order to deliver the objectives of the GDP as set out in Part 3, Statement of Requirements, clause 2.

Guidance

The Respondent should describe how their approach will deliver the objectives of the GDP most directly linked to this Evaluation Criteria and the associated value drivers (which are set out in Part 5, Evaluation, clause 2.1.4).

Respondents are also invited to address other objectives of the GDP and associated value drivers (see Part 3, Statement of Requirements, clause 2) in addition to the objectives of the GDP and associated value drivers set out in Part 5, Evaluation, clause 2.1.4, if the Respondent considers they may also be relevant to this Evaluation Criterion.

As part of this response, the Respondent should also describe their overall approach to delivering the objectives of the GDP, including the structure of the delivery teams they would be deploying, locations of key resources and work activity, and how they envisage their teams integrating/interfacing with the Department and any other bundle providers. The Respondent should also include a high level organisation structure diagram.

In considering its delivery approach, the Respondent should take into account the potential security restrictions and requirements outlined in Part 3, Statement of Requirements.

The Respondent should also provide:

• two [2] specific examples of working with a client in a similar manner; and

• two [2] specific examples of working with clients where their requirements have evolved throughout the design phase.

The above may refer to the same two examples, so long as they meet the above descriptions.

Response [Note to Respondents: This response should not exceed 20 pages in length.]



Referee Details The Respondent should provide at least one referee for each of the case studies provided above who can speak to their delivery capabilities and the outcomes of the work.


Surname

First name

Organisation

Position

Telephone number

Mobile phone number

Email address

Role in relation to Respondent’s work:

The Respondent may replicate the above table as required.


B) Capability and Previous Experience

Describe two (2) examples of the Respondent's previous experience delivering part of an end-to-end business transformation of similar scale, nature and complexity for large organisations or government bodies within the last 5 years.

Guidance

• A comparable project would be broadly characterised by, but not limited to the following: a. total project budget of at least $250M AUD;

b. an end-to-end business transformation or new business build that relies significantly on enabling technologies; and

c. projects which have included significant transformation, business processes and business structures, or product redesign.

Example 1 – Response

A. Description of the programme – the nature, value, volumes involved, date of programme



B. Details of the clients’ organisation, including the leading function/division/group impacted by the design, build and operational changes

C. Details of the client programme sponsor, and steering committee (or as relevant governance mechanisms)

D. Description of how the commercial, business and technical solution was developed

E. The delivery model and approach deployed

F. The outcomes achieved

Example 2 – Response

A. Description of the programme – the nature, value, volumes involved, date of programme

B. Details of the clients’ organisation, including the leading function/division/group impacted by the design, build and operational changes

C. Details of the client programme sponsor, and steering committee (or as relevant governance mechanisms)



D. Description of how the commercial, business and technical solution was developed

E. The delivery model and approach deployed

F. The outcomes achieved

Referee Details The Respondent should provide at least one referee for each of the case studies provided above who can speak to their delivery capabilities and the outcomes of the work.


Surname

First name

Organisation

Position

Telephone number

Mobile phone number

Email address


The Respondent may replicate the above table as required.




C) Proposed approach to participating in the Co-Design Phase, including proposed Co-design resources Please describe the proposed resourcing, including:

• the specific personnel the Respondent would deploy and the roles each would fulfil during the Co-design Phase;

• the leadership team who will oversee the Respondent's work, including their roles and engagement with the Department during the Co-design Phase;

• how the Respondent would propose to structure and support the team including the use of any additional support, advisors or expertise during the Co-design Phase;

• CVs of the team the Respondent proposes for the Co-design Phase; and • location of personnel, including any offshore resources that may be drawn upon in

advisory roles during the Co-design Phase. The extent to which these personnel will also participate in the implementation of the GDP (should the Respondent be selected as the successful provider following any subsequent RFT) and the Respondent's overall approach to ensuring continuity of knowledge and experience through Co-design, design, implementation and operation phases of the GDP. Please include a team chart providing an overview of the team including roles of each team member during the Co-design Phase.

Response

[Note to Respondents: This response should not exceed 5 pages in length plus up to 1 page per CV.]



Form 4A: Response to Evaluation Criterion 3: Commercial Model

Note to Respondents: Details of pricing model should be provided in Form 4B of Part 7 - REOI Response Forms of the REOI.

Criterion 3: Commercial Model

The Respondent should describe the elements and underlying assumptions behind the proposed commercial model or models they would use to design, implement and operate the GDP. Section A – Operation of user pays model Please describe how the Respondent would anticipate a user pays model mechanism operating, including what conditions the Respondent would require to finance the design and implementation of the GDP and recoup either from Clients through a user pays model and through realising other commercialisation opportunities, without undermining Australia’s international competitiveness and/or creating an unacceptable risk for Government. Please outline the relationship between user charges and how the average cost of processing Visa applications will reduce over time (without sacrificing the quality of the Decision or the service standard to the Client). Note that the user charges will be in addition to Visa Application Charges, which will be collected by the provider and passed through to the Commonwealth. Response [Note to Respondents: Guidance on pages – maximum 5 pages.]

Section B – User pays model and volume risk How does the Respondent intend to account for and manage any volume risk including upside and downside risk, in particular:

• what mechanisms and distribution of risk would the Respondent propose; • what value-sharing arrangements would the Respondent propose be put in place to allow them to

share additional returns, as appropriate, with the Department and its Clients; and • how would the risk and value share arrangements be impacted if the Department does not provide

volume related risk sharing?



Response [Note to Respondents: Guidance on pages – maximum 5 pages.]

Section C – User pays model experience The Respondent should describe a project they have delivered in which they have adopted a user pays model to finance the design, implementation and operation of an end-to-end business that automated high volumes of defined business processes on behalf of another organisation. Please identify and provide contact details for at least one referee who can speak to this experience. Example of experience undertaking this model with a government entity is desirable. Response [Note to Respondents: Guidance on pages – maximum 3 pages.]

User pays referee contact details

Surname

First name

Organisation

Position

Telephone number

Mobile phone number

Email address




Section D –Implementation costs What is the Respondent's approach to determining Implementation costs of the GDP under the ‘user pays’ model (e.g. ‘fixed cost’, a ‘capped fee’, based on time and materials, a ‘target cost, with risk- and value-share principles’, or some other pricing approach)? How does this approach manage completion and cost-overrun risk under a user pays model? What does the Respondent consider to be the key issues in funding the Implementation costs through the user pays model? Response [Note to Respondents: Guidance on pages – maximum 3 pages.] Section E – Financing implementation of GDP How would the Respondent finance the implementation of the GDP (e.g. on balance sheet, project financing, or other)? The Respondent should provide an overview of its strategy to raise the required financing to support the implementation of the GDP. The response should demonstrate that the Respondent has the skills and capability necessary to secure and provide required levels of private sector finance for the solution, including the ability to:

• develop a sustainable financing solution; • commit or secure the equity required for the solution; • raise the required level of debt for the solution; • achieve competitive and efficient financing terms; and/or • provide absolute certainty of finance.

The Respondent should also identify its proposed approach to obtaining the necessary approvals to raise finance, including where relevant any Foreign Investment Review Board (FIRB) approvals. Response [Note to Respondents: Guidance on pages – maximum 3 pages.]



Section F – Performance management Please describe the performance management mechanisms the Respondent would propose for the GDP over its lifecycle (including implementation and operation). Specifically please describe:

• on what basis (e.g. inputs, outputs, outcomes etc) would the Respondent structure the performance management mechanisms (eg, service levels, service rebates);

• what would the Respondent propose as the mechanisms for setting and periodically reviewing user charges and performance targets over the contract lifecycle;

• how does the Respondent's approach balance its commercial outcomes with the objectives of the GDP (as set out in Part 3, Statement of Requirement, clause 2), including:

o Australia’s Visa charges remaining internationally competitive; and o the GDP continuing to benefit from ongoing improvements.

Response [Note to Respondents: Guidance on pages – maximum 2 pages.] Section G – Charging framework Please describe the basis on which the Respondent would propose to determine charges to users. Respondents should indicate the key considerations and factors through which they would propose to determine those charges. These may include, for example:

• if and how charges may vary by user segment; • how much of the costs the Respondent would envisage recovering from direct user charging versus

recovered through other commercialisation opportunities; the various costs and other components the Respondent would include when determining pricing; Response [Note to Respondents: Guidance on pages – maximum 3 pages.]



Section H – Asset ownership The Respondent should describe their proposed asset ownership regime including the nature and owner of each asset, and any terms and conditions (e.g. licenses) the Respondent envisages attaching to these assets. The Department recognises that the Respondent may not have a full view of assets, including intellectual property, at this point in time; rather, this section should focus on those assets where the ownership status is of highest priority to the Respondent. Respondents should note that the Department must:

• own all material and/or assets which the Department provides in relation to the GDP (eg, APIs, business rules); and

• retain ownership of all data arising out of the operation of the GDP. Response [Note to Respondents: Guidance on pages – max 5 pages.]

Nature of asset Owner of asset Terms and conditions attaching to asset

Section I – Risk-sharing The Respondent should identify the key issues and risks (no more than 10 [ten] in total) that it considers to be the most significant with respect to designing, implementing, financing and operating the GDP. In respect of each identified issue or risk, Respondents should: • articulate why these have been identified to be the most significant; and • outline the proposed approach and strategies to manage and mitigate these issues or risks. What risk allocation does the Respondent propose and how does it impact on user charges? More broadly, what risk-sharing would the Respondent propose in order to support the Respondent’s proposed business, commercial and technical solution?



Response [Note to Respondents: Guidance on pages – maximum 10 pages.] Section J – Contract term What contract term would be optimal for the Respondent's proposed commercial model in balancing the risk to both Government and successful provider? What other options for contract lifecycle would be acceptable and what are the trade-offs or implications of different contract terms (e.g. 7 years, 10 years)? For clarity, the contract term is currently proposed to be for the design, implementation and operation of the GDP (i.e. the contract term is ‘X’ years, including the design, implementation and operation of the GDP. Response: [Note to Respondents: Guidance on pages – maximum4 pages.]



Section K – Proposed holistic commercial model or models The Department understands that each dimension of the commercial model is not decided in abstract, but rather as part of a holistic package. As such:

• what holistic commercial model or models does the Respondent propose that combines the various dimensions discussed above;

• what trade-offs exist between these commercial models; and • what does the Respondent require from the Department in order to select a commercial model?


Section L – Commercialisation opportunities An opportunity exists to unlock a significant amount of value through the form of other commercialisation opportunities. The Department believes that the Visa business has largely untapped potential for a provider to explore, and invites Respondents to challenge themselves to identify ways to commercialise the resources inherent within the Visa business, and how this value might be shared between the provider, the Department, and Visa Applicants. This might include:

• direct opportunities where the Visa Applicant is a Client. This might include connecting Visa Applicants to relevant products (accommodation, travel, foreign currency, etc …), either directly by the provider, or by partnering with third parties who can better meet a need. For example, an applicant may opt to receive information on how to set up a bank account, or may potentially book accommodation while interacting with the GDP; and

• indirect opportunities: Other opportunities in this space might include: o leveraging the GDP itself as a commercial asset to be licensed to other governments; and o offering direct or indirect advertising to appropriate commercial providers.

Any opportunities in this space must not be inconsistent with the objectives of the GDP (refer Part 3, Statement of Requirement, clause 2) and must be consistent with the Commonwealth’s obligations to applicants and its privacy obligations and not negatively impact the Department’s or Australia’s reputation. Given the above, the Respondent should describe how they would realise commercialisation opportunities beyond the core provision of Visa services to Clients including:

• how the Respondent would setup their commercial model, and what capabilities they would deploy, to identify, assess and realise commercialisation opportunities;

• the means by which this value could be shared with the Commonwealth or the commercial construct the Respondent would propose for these opportunities; and

• the role the Respondent envisages that they would play in such opportunities if they were the successful provider.



Response [Note to Respondents: Guidance on pages for this section – maximum 5 pages.]

Section M – Examples of commercialisation opportunities Please also describe any examples of commercialisation opportunities that you believe might arise from the GDP. The Respondent should consider and describe what they would require from the Government in order to identify, test, evaluate, and implement the identified commercialisation opportunities. This might include specific legislative requirements, financial assistance (particularly where the Respondent looks to create or foster the creation of a public good), or contractual provisions relating to the GDP. Response

Section N – Economic benefit to the Australian economy The Respondent should detail in below the economic benefit of its proposed commercial model to the Australian economy.




Form 4B: Response to Pricing Information Requests

Note to Respondents: Refer to accompanying worksheet titled ‘Worksheet for Response to pricing information request’ to be completed by the Respondent as part of their pricing model response.

The Respondent is required to complete the pricing model response in line with the provided separate excel worksheet template at Attachment F – Response Template for REOI Pricing Model. The indicative templates are provided below along with an explanation to assist Respondents in completing the excel worksheet. These indicative templates are available in the aforementioned worksheet to provide responses, assumptions and detailed calculations. This pricing information is not evaluated as part of the REOI process, however, Respondents are required to provide this information in order to assist the Department in obtaining the necessary information to support Government decision making.

Further details regarding the completion of the worksheet template can be found in Part 3, Statement of Requirements, clause 5.3.

For clarity, the Respondent should fill in a separate worksheet where they believe this necessary (e.g. where multiple commercial models are proposed).

Respondents should note that cost estimates provided in this EOI will not be considered to be a quote on behalf of the Respondent.

Estimated GDP-processed shorter term validity visa volumes (millions) and timeline (in green) for design, implementation and operation.

Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY281 Estimated GDP-processed shorter term validity visa volume (millions)

- 2.48 5.15 8.02 11.07 11.44 11.82 12.19 12.56 12.96

Design phase Implementation phase

Operation phase

Respondents should provide all cost estimates in $m (AUD) in Real, FY18 terms. ‘Real’ should be taken to mean FY18 dollars rather than nominal dollars. If incorporating a foreign exchange rate, the Respondent should state the rate and the relevant date in the assumption.

1 FY28 forecast growth rate is based on the average growth rate for FY24-FY27.



Provider response on Real Implementation costs

Respondents should provide estimated Implementation costs, and detail the sub-components underneath. Respondents should respond in the excel worksheet template titled Worksheet for Response to pricing information request on the ‘Pricing input 1’ sheet. An illustrative depiction of the input required is shown below.

Illustrative depiction of Pricing input 1

Provider response on Real Operational costs

Respondents should provide their estimated Operational costs, and detail the sub-components underneath. Respondents should respond in the excel worksheet template titled Worksheet for Response to pricing information request on the ‘Pricing input 2’ sheet. An illustrative depiction of the input required is shown below.


Provider response on required rate of return

Respondents should provide their post-tax required rate of return for financing the design and Implementation costs of the GDP for the six scenarios outlined in Section 5.3 of Part 3 – Statement of Requirement. This is the Weighted Average Cost of Capital (WACC) for the solution. Respondents should also provide a summary of the key risks that they anticipate and the steps they

Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28Implementation cost - totalComponent 1Component 2…

Assumptions

Pricing input 1: Real implementation costs

Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28Operational cost - totalComponent 1Component 2…

Assumptions

Pricing input 2: Real operational costs



propose to mitigate those risks. When providing a WACC for each scenario, include its subcomponents (cost of debt, cost of equity and gearing ratio) and ensure it reflects the risks associated with the solution. Please respond in the in the excel worksheet template titled Worksheet for Response to pricing information request on the ‘Pricing input 3’ sheet. An illustrative depiction of the input required is shown below.

Note that 7- and 10-year contracts have been stipulated below to assist the Department in comparative purposes. Although these figures are required for this table, this is not a stipulation that the proposed commercial model or models have a 7- or 10-year contract term. Respondents should provide their preferred contract length, for use in Scenarios 3a and 3b.


Information required for subsequent RFT pricing

As noted earlier, the Department expects additional information would be required to be provided for Short Listed Respondents to be in a position to provide binding pricing offers as part of any subsequent RFT (noting that the those cost estimates provided by the Respondent as part of its EOI are not considered to be a quote on behalf of the Respondent). Respondents should outline the information they would require in order to be in a position to provide a binding pricing offer as part of any subsequent RFT or other subsequent procurement and the reason for each item of information. Please respond in the excel worksheet template titled Worksheet for Response to pricing information request on the ‘Pricing input 4’ sheet. An illustrative depiction of the input required is shown below.

Year

Scenario 1a: Risks retained by Provider, 7-year contractScenario 1b: Risks retained by Government, 7-year contractScenario 2a: Risks retained by Provider, 10-year contractScenario 2b: Risks retained by Government, 10-year contract

Scenario 3a: Risks retained by Provider, contract of preferred lengthScenario 3b: Risks retained by Government, contract of preferred length

blankRisks Proposed method of mitigation

blank

blankPreferred contract length (years)

Gearing ratio (%) Cost of debt (%)Cost of equity

(%) WACC for this project (%)

Assumptions

Pricing input 3: Required rate of return (i.e. project WACC) and risks

… …




Pricing input 4: Information required for refined estimatesInformation required Reason

… …

For Official Use Only



Form 5A: Response to Evaluation Criterion 4: Risk – Details of Financial Capacity and Corporate Capacity of the Respondent

[Note to Respondents: Details of Respondent and key subcontractors (if any) should be provided in Form 1A and Form 1B of Part 7 - EOI Response Forms of the REOI.]

[Note to Respondents: Where the Respondent has proposed a consortium structure to deliver the Services this information should be provided for each consortium member.]

A. The Respondent should provide, without limitation, the following or equivalent information in the table below to satisfy the Department of its financial capacity and corporate capacity.

Item Response

Details of its ownership structure

Australian Business Number for GST purposes

If registered with the Australian Securities and Investments Commission, any Australian Company Number or Australian Registered Body Number

If registered under State or Territory legislation, any registered business name or association name

A full description of the Respondent’s current operations

The names of all directors and officers of the Respondent’s organisation

Business profiles and corporate objectives and priorities of its organisation




B. If the Respondent is a company it should provide:

Item Response

Full details of the legal and financial relationship between itself and any related body corporate and key subcontractors (if any) identified at Form 1B of this Part 7

The names of all directors and officers and business profiles and corporate objectives and priorities for each related body corporate

The details of its ten (10) largest shareholders

The date and place of incorporation and a copy of its certificate of incorporation

C. If the Respondent is part of a group of companies it should provide details of its group structure and any cross guarantees between group companies and parent company guarantees (where the parent company of the Respondent will guarantee the obligations of the Respondent).

Response:




D. If the Respondent is a partnership it should provide the names and addresses of all partners and a copy of the partnership deed.

Response:

E. The Respondent should disclose any civil or criminal prosecutions within the past five (5) years of the Respondent, any related body corporate, any partner or any director or officer of the foregoing concerning any of the following, or any allegation of the following:

a. failure to pay any taxes, levies, fees, duties, or other similar payments to the Commonwealth of Australia, a State, Territory, or local taxing authority within Australia or to any foreign taxing authority;

b. malfeasance, misfeasance, or nonfeasance of any duties imposed by law in Australia or in any foreign jurisdiction; or

c. participation in, or acquiescence to, any practices in the dealing with any government in Australia or any foreign jurisdiction that are unlawful under the law of Australia or the foreign jurisdiction concerned, or (if relating to a parent entity or related body Corporate or director or officer thereof) under the law of any jurisdiction that such parent entity or related organisation is subject to.

Response:

F. The Respondent should disclose any pending investigation of a similar nature to those referred to in section A above for any of the entities or persons of which such entity or person has actual notice.

Response:




G. Financial capacity

[Note to Respondents: Respondents proposing a newly formed organisation to provide the Services should refer to section I below for response requirements.]

The Respondent is required to demonstrate that they have the financial capacity to provide the Services over the term of any contract for the provision of the Services. The Respondent should provide the following (or equivalent information to satisfy the Department of the following):

a. annual reports or audited financial statements for its last three (3) years of operation - if the latest audited financial statements are dated in excess of six (6) months ago, the latest management accounts for the Respondent;

b. descriptions of any recent changes of substance in the Respondent’s financial position that are not reflected in the most recent annual report or financial statement provided pursuant to paragraph (a) above;

c. a summary of any court actions, charges, liens or encumbrances affecting the Respondent’s assets or the ownership of the Respondent or any directors or partners of the Respondent (including any such court actions, charges, liens, or incumbencies affecting any parent entity);

d. profit and loss budget forecasts and/or cash flow forecasts for the next three (3) financial years;

e. details of any current credit rating, or state if no credit ratings are available; f. details of any circumstances which may affect the ability of the Respondent to deliver the

Services, including: i. details of any significant events, matters or circumstances which have arisen since the

end of the last financial year which may significantly affect performance; ii. details of any planned debt or equity capital raisings;

iii. significant disputes or current or pending litigation or dispute resolution in which the Respondent, its related organisations or principals have been or are currently or may reasonably be anticipated to be involved;

iv. material contingent liabilities of the Respondent; v. mergers/acquisitions, as can be notified, either occurring in the last three months or

which are imminent; vi. any application to place the Respondent (or any relevant parent company of the

Respondent) in liquidation, administration or equivalent (whether voluntary or involuntary); and

vii. any other event of factor that could have a material impact on the financial capacity or standing of the Respondent.

g. a statement confirming the solvency of the Respondent and each of its related entities, principal share and equity holders and partners;




h. a statement that the Respondent is not aware or any application to place the Respondent or any related body corporate, principal share and equity holders or partners in liquidation, administration or the equivalent;

i. where the Respondent requires the guaranteed full financial support of its parent company, annual reports or audited financial statements for the last three (3) years of operation of the parent company. If the latest audited financial statements are dated in excess of six (6) months, the latest management accounts or unaudited draft financial statements for the parent are acceptable;

j. it is not relevant for the Respondent to provide financial information for a related entity, if that related entity does not have a cross guarantee with the Respondent (or can otherwise provide assurance that it will provide financial support to the Respondent if required); and

k. a statement confirming that the Respondent has the commercial capacity to provide the Services and a description of the approach to ensuring that the Respondent has the financial capacity to provide the Services.

Response:

H. Insurance Coverage

The Respondent should provide details of its insurances, including:

• public liability insurance; • workers compensation insurance; • professional indemnity insurance; and • product liability insurance.

This should include:

• the name of the insurer; • the policy number; • the expiry date; • the amount of cover provided in the policy; • limit of liability; and • any key exclusions

If the Respondent self-insures for any of these risks, this should also be identified and explained.

Response:




I. Newly-formed Organisations

If the Respondent does not have an established track record of service/supply delivery (for example if the Respondent has been recently created to represent a consortium or in a new partnership):

a. the Department expects that the Respondent will provide sufficient information and assurances in the categories above in order to satisfy the Department that the Respondent has access to the necessary resources and will have an appropriate level of financial backing, to perform any contract for the provision of the Services;

b. the Respondent should provide a description of the approach to ensuring the consortium, new partnership, etc., has the financial capacity to provide the Services;

c. the Respondent should provide the information and assurances requested for each entity that the Respondent will be dependent upon for any financial backing including without limitation;

d. the Respondent should provide all the required financial information as outlined in section G(a) for each proposed consortium member;

e. full details of each entity’s proposed role in, or relevance to, the performance of any contract for the provision of the Services;

f. a description of any current or past co-operative ventures between the entities supporting the Respondent; and

g. a description of each entity’s proposed liability, and any limitations on its liability, relating to the performance of any contract for the provision of the Services.

Response:

Changes to Corporate Structure, Ownership and Support

The Respondent should confirm that it will promptly notify the Department in writing of any change, after lodgement of its EOI, to the basis upon which it will have access to the necessary skills, resources, or corporate or financial backing to perform any contract in relation to the provision of the Services, including in relation to key subcontractors.




Where such change would alter any of the information or assurances that the Respondent has given in its response to the REOI, the Respondent should immediately:

• identify with specificity (including all relevant page, section, clause, schedule, exhibit and other like references to its EOI, and any other material and information provided to the Department), all such information and assurances; and

• state in detail the alterations to such information and assurances required by such change.

Response:

Form 5B: Response to Evaluation Criterion 4: Risk – Details of Financial Capacity and Corporate Capacity of key subcontractors

[Note to Respondents: Details of key subcontractors (if any) should also be provided in Form 1B of Part 7 - REOI Response Forms of the REOI. Respondents should provide for the following details for each [key subcontractor] included in Form 1.]

Demonstration of key subcontractor/s’ financial capacity and corporate capacity will be considered as part of the overall risk assessment of the Respondent.

Each Respondent should provide the following or equivalent information to demonstrate key subcontractor/s’ financial capacity and corporate capacity:

Item Response

Details of its ownership structure

Australian Business Number for GST purposes

If registered with the Australian Securities and Investments Commission, any Australian Company Number or Australian Registered Body Number




If registered under State or Territory legislation, any registered business name or association name

A full description of the key subcontractor's current operations

The names of all directors and officers of the key subcontractor's organisation

Business profiles and corporate objectives and priorities of its organisation

The Respondent, with regard to the key subcontractor/ is required to demonstrate that they have the financial capacity to provide the Services over the contract period. The Respondent should provide the following (or equivalent information to satisfy the Department of the following) for each key subcontractor:

a. annual reports or audited financial statements for its last three (3) years of operation - if the last audited financial statements are dated in excess of six (6) months ago, the latest management accounts for the key subcontractor;

b. descriptions of any recent changes of substance in the key subcontractors’ financial position that are not reflected in the most recent annual report or financial statement provided pursuant to paragraph (a) above;

c. a summary of any court actions, charges, liens or encumbrances affecting the key subcontractor’s assets or the ownership of the key subcontractor or any directors or partners of the key subcontractor (including any such court actions, charges, liens, or incumbencies affecting any parent entity);

d. details of any significant events, matters or circumstances which have arisen since the end of the last financial year which may significantly affect the Respondent’s performance of the Services;

e. details of insurance cover held and/or proposed in respect of these Services. Such details should include, but need not be limited to:

i. types of insurance coverage held; ii. details of any blanket policy held; and

iii. amount of cover provided in policy; f. profit and loss budget forecasts and/or cash flow forecasts for the next three (3) financial

years; g. details of any planned debt or equity capital raisings; h. a statement confirming the solvency of the key subcontractor and each of its related entities,

principal share and equity holders and partners; i. a statement that the key subcontractor is not aware of any application to place the key

subcontractor/s or any related body corporate, principal share and equity holders or partners in liquidation, administration or the equivalent;

j. where the key subcontractor/s requires the guaranteed full financial support of its parent company/related entity, annual reports or audited financial statements for the last three years of operation of the parent company/related entity. If the latest audited financial statements




are dated in excess of six (6) months ago, the latest management accounts or unaudited draft financial statements for the parent are acceptable;

k. it is not relevant to provide financial information for a key subcontractors’ related entity, if that related entity does not have a cross guarantee with the key subcontractor/s (or can otherwise provide assurance that it will provide financial support to the key subcontractor/s if required);

l. any other factors the key subcontractor/s desires to describe to support its demonstration of financial capacity; and

m. a statement confirming that the key subcontractor/s has the commercial capacity to provide the Services (where this is applicable).

Response:




Form 6: Details of Confidential Information

To enable the Department to consider whether it agrees to keep specific information confidential, and subject to Part 6, Terms and Conditions, clauses 7.1.1 and 7.1.3, the Respondent should indicate below what information (if any) it requests be treated as confidential, giving reasons why it is necessary to keep the information confidential.

The Respondent should have regard to the matters identified in the Department of Finance's "Confidentiality throughout the Procurement Cycle Principles", available at http://www.finance.gov.au/procurement/procurement-policy-and-guidance/buying/contract-issues/confidentiality-procurement-cycle/principles.html.

Response:

Information requiring confidential treatment

Reason Confidentiality period

[Respondent to insert details] [Respondent to insert details] [Respondent to insert details]






Form 7 – Declaration of Compliance (Building Code)

The Code for the Tendering and Performance of Building Work 2016 (Building Code) applies to the Services if the Respondent's proposed solution involves Building Work. By submitting this EOI you will become subject to the Building Code and any guidelines as may be released from time to time. A copy of the Building Code and the Supporting Guidelines are available at https://www.legislation.gov.au/Details/F2017C00668.

Please note that completing and submitting this Declaration of Compliance contained in part A of this Form 7 is a Minimum Content and Format Requirement for Respondents submitting EOIs in relation to proposed solution that involves Building Work. Refer to Part 6, Terms and Conditions, clause 15.1 for further details.

THIS DEED POLL is made on the day of 2017

by

Name

ACN/ABN/ARBN

Short form name Respondent

1. Declaration

(a) The Respondent declares that this deed is for the benefit of the Commonwealth of Australia as represented by the Department of the Immigration and Border Protection ABN 33 380 054 835 (Department).

(b) This deed is provided in connection with the Request for Expression of Interest for Delivering Visa Services for Australia (DIBP REOI 22/17-B1). Terms defined in the REOI will have the same meaning when used in this deed.

2. Building Code compliance

1.3.2. The Respondent confirms that it has complied with the Building Code in preparing its EOI.

1.3.3. The Respondent acknowledges that it and its Related Entities must comply with the Building Code in relation to all Building Work described in Schedule 1 of the Building Code for which an expression of interest is called on or after the date that the Building Code commenced, being 2 December 2016, and, should it be the successful provider, in relation to the Works.

1.3.4. The Respondent undertakes to ensure that it and its subcontractors that it subcontracts any of the Works to, should it be the successful provider, comply with the Building Code.




1.3.5. The Respondent acknowledges the powers and functions of the ABC Commissioner and the ABCC under the Act and the Building Code and undertakes to ensure that it and its subcontractors will comply with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including but not limited to requests for entry under section 72 of the Act, requests to interview any person under section 74 of the Act, requests to produce records or documents under sections 74 and 77 of the of the Act and requests for information concerning matters relating to the Building Code under subsection 7(c) of the Building Code.

1.3.6. The Respondent declares that where it proposes to subcontract any of the Works, should it be the successful provider, it will:

a. not enter into a subcontract with a subcontractor who:

i. is covered by, or has Related Entities covered by, an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code;

ii. is subject to an Exclusion Sanction;

iii. has had an adverse decision, direction or order made by a court or tribunal for a breach of the Act, a designated building law, work health and safety law or competition and consumer law which has not been stayed or revoked and for which the period for compliance has expired without the Respondents having complied with the decision, direction or order; or

iv. unless approved otherwise by the ABC Commissioner, is excluded from performing Building Work funded by a state or territory government; and

b. only enter into a subcontract where:

i. the subcontractor undertakes to only use products in relation to the Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia;

ii. the subcontractor has submitted a declaration of compliance, including the further information outlined in Attachment A to the declaration of compliance, in substantively the same form as the model declaration of compliance applicable to contractors and subcontractors in relation to the Building Code; and

iii. the subcontract with the subcontractor contains clauses in substantively the same form as the model contract clauses applicable to contractors and subcontractors in relation to the Building Code.

1.3.7. The Respondent declares that it has provided all of the further information required by Attachment A to this Declaration of Compliance.

1.3.8. The Respondent declares that:

a. it, and its Related Entities, are not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code;

b. it is not subject to an Exclusion Sanction;




c. it has not had an adverse decision, direction or order made by a court or tribunal for a breach of the Act, a designated building law, work health and safety law or competition and consumer law which has not been stayed or revoked and for which the period for compliance has expired without the Respondents having complied with the decision, direction or order; and

d. it will only use products in relation to the Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia, should it be the successful provider.

1.4. Survival

This deed survives the termination or expiry of the REOI process.

1.5. Governing law

This deed is governed by and is to be construed in accordance with, the law in force in the Australian Capital Territory and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that jurisdiction.

EXECUTED AS A DEED POLL for the benefit of the Commonwealth of Australia

Execution by a company incorporated in Australia

The following execution block should be used by a Respondent that is a company incorporated in Australia.








Execution by a company not incorporated in Australia Where this deed is completed by a company not incorporated in Australia, the company should: (f) if registered in Australia, include the company's ABN or ARBN (or if not registered in

Australia, include any equivalent registration number in its jurisdiction of incorporation, in the place of the ABN or ARBN);

(g) use an appropriate execution block (such as the example block provided below);

(h) state the company's jurisdiction of incorporation;

(i) execute this deed in accordance with the relevant requirements of the jurisdiction of its incorporation; and

(j) on request from the Department, and at the expense of the Respondent, provide a legal opinion from:










ATTACHMENT A – INFORMATION REGARDING COMPLIANCE WITH THE CODE FOR THE TENDERING AND PERFORMANCE OF BUILDING WORK 2016

Respondents must provide the following information as part of their Declaration of Compliance. This information can either be set out in this table or in an annexure to this Attachment and the Declaration of Compliance.

Item Requirement Compliance

1 Does the Respondent, or its Related Entities, have an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code?

Yes / No

Details (attach a copy of the letter of compliance or (as applicable) a Self-Declaration referred to on the ABCC’s website at http://www.abcc.gov.au/building-code/eligibility-tender

2 Is the Respondent excluded from performing Building Work funded by a state or territory government? If so, the Commonwealth reserves the right to exclude the Respondent from further consideration.

Yes/No

Details:

3 Does the Respondent positively commit to the provision of appropriate training and skills development for their workforce, and, if so, what evidence can the Respondent supply in relation to this (for example, evidence of its compliance with any state or territory government building training policies and evidence of its support in the delivery of nationally endorsed building and construction competencies)?

Yes/No

Details:

http://www.abcc.gov.au/building-code/eligibility-tender

http://www.abcc.gov.au/building-code/eligibility-tender




4 How many current apprentice and trainee employees are engaged or intended to be engaged by the Respondent to undertake the Works?

Details:

5 How many and what classes of persons that hold visas under the Migration Act 1958 are engaged or intended to be engaged by the Respondent to undertake the Works?

Details:

6 Has the Respondent within the preceding 3 years had an adverse decision, direction or order of a court or tribunal made against it for a breach of a designated building law, work health and safety law or the Migration Act 1958?

Yes / No

Details:

7 Has the Respondent or its Related Entities within the preceding 3 years been required to pay any amount under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of Building Work) to a Building Contractor or Building Industry Participant?

Yes / No

Details:

8 Has the Respondent or its Related Entities within the preceding 3 years owed any unsatisfied judgement debts to a Building Contractor or Building Industry Participant?

Yes / No

Details:




Form 8 – Indigenous Procurement Policy

Respondents should detail how they will increase their:

(a) purchasing from Indigenous enterprises (being an organisation that is 50 per cent or more Indigenous owned that is operating a business); and

(b) employment of Indigenous Australians,

in the delivery of the Services. Response:

Attachment A – Glossary and Acronyms Acronyms

Acronym Definition

ABN Australian Business Number

ACN Australian Company Number

AFDA Administrative Functions Disposal Authority

AGSVA Australian Government Security Vetting Agency - the agency that administers security clearances on behalf of the Department.

APIs Application and Programming Interfaces - a set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service.

APPN Aligned Panel Physicians’ Network

APS Australian Public Service

ARBN Australian Registered Body Number

CCSL Certified Cloud Services List

CPRs Commonwealth Procurement Rules

DIBP Department of Immigration and Border Protection (the Department)

DoH Department of Health

Attachment A – Glossary and Acronyms | 2

Acronym Definition

DSS Digital Service Standards

ECS Enterprise Correspondence Services

EMPs Examining Medical Practitioners

EOI Expression of Interest

ESC Employment Suitability Check

ETA Electronic Travel Authority

GDP Global Digital Platform

HAP Health Assessment Portal

ICT Information communications technology

ICUE Immigration and Citizenship Unified Environment

IMEs Immigration Medical Examinations

IRIS Immigration Records Information Systems

ISM Information Security Manual

MMSP Migration Medical Services Provider

MOCs Medical Officers of the Commonwealth

MOU Memorandum of Understanding (singular) Memoranda of Understanding (plural)

NAATI National Accreditation Authority for Translators and Interpreters

NFC Near Field Communication

PGPA Act Public Governance, Performance and Accountability Act 2013


Acronym Definition

PICs Public Interest Criteria

PSPF Protective Security Policy Framework

REOI Request for Expressions of Interest

RFT Request for Tender

RMOC Review Medical Officer of the Commonwealth

SDP Service Delivery Partner

TB Tuberculosis

TIS Translating and Interpreting Service

TRIM Total Records Information Management, which is the Department’s mandated electronic document and records management system.

TRIPS Travel and Immigration Processing Systems


Glossary

Term Definition

ABC Commissioner Means the Australian Building and Construction Commissioner referred to in subsection 15(1) of the BCIIP Act.

ABCC Means the body referred to in section 29 of the BCIIP Act.

APS Code of Conduct Means the Australian Public Service Code of Conduct, available at www.apsc.gov.au.

Attachment Means an attachment to this REOI.

AusTender Means the Australian Government’s tendering system - Commonwealth Government business opportunities website located at https://www.tenders.gov.au

Auto Grant Means an automated process by which an electronic Visa Application is checked against security and immigration risk business rules and, if the automated checks are satisfied, the Visa is granted, often within minutes after lodgement. Electronic applications which do not satisfy automated checks are referred for manual assessment.

BCIIP Act Means the Building and Construction Industry (Improving Productivity) Act 2016 (Cth).

Building Code Means the Building Code issued under subsection 34(1) of the BCIIP Act, being the document titled 'Code for the Tendering and Performance of Building Work 2016', which is available at www.legislation.gov.au.

Building Contractor Has the same meaning as in the BCIIP Act.

Building Industry Participant Has the same meaning as in the BCIIP Act.

Building Work Has the same meaning as in subsection 3(4) of the Building Code.

Bundle 1 Means the digital business solution that is enabled by a Global Digital Platform and supporting systems that drive the end-to-end processing workflow of the visa and citizenship business.

http://www.legislation.gov.au/


Term Definition

Business Day Means any day that is not a Saturday, Sunday or public holiday in Canberra, Australian Capital Territory.

CERT Australia Means CERT Australia, which is part of the Commonwealth Attorney General's Department. CERT Australia provides advice and support on cyber threats and vulnerabilities to the owners and operators of Australia’s critical infrastructure and other systems of national interest.

Client A recipient of the Department’s Visa services, usually a sponsor, citizenship applicant, Visa Applicant or visa holder, whether the services are provided directly by the Department or by arrangement with another party or parties.

Closing Time Means the time described as the closing time for receipt of EOIs in the REOI Details.

Co-design Means the third Phase of the REOI process described in Part 4 of this REOI..

Commonwealth The Commonwealth of Australia.

Commonwealth Entity Means:

(a) a body corporate or an unincorporated body established or constituted for a public purpose by Commonwealth legislation, or an instrument made under that legislation (including a local authority);

(b) a body established by the Governor-General or by a Minister of State of the Commonwealth including departments; or

(c) an incorporated company over which the Commonwealth exercises control.

Commonwealth Funded Building Work

Means Building Work in items 1-8 of Schedule 1 of the Building Code.

Competent English Means an international English language testing system band score of at least six for the four test components (speaking, reading, listening and writing).

Conditions for Participation Means the requirements that the Respondent must meet to be eligible for further consideration in the REOI process and are described as conditions for participation in the REOI Details.


Term Definition

Contact Officer Means the person to whom enquiries regarding the REOI should be directed. The Contact Officer for the Department is specified in the REOI Details.

Data Room Means a collection of documents, materials and information made available or provided to Respondents by the Department, either physically or in electronic form, in connection with this REOI process.

Data Room Protocol Means the protocol governing access to the Data Room as provided at Schedule 1 to the Deed of Confidentiality.

Deadline for Submission of Respondents’ Questions

Means the deadline for Respondents to submit questions in writing to the Department as set out in the REOI Details.

Decision An outcome where a decision-maker (including system-generated decision-making) grants or refuses a Visa Application or sponsorship application.

Declaration of Compliance Has the meaning given in clause 12.0.2 of Part 6.

Deed of Confidentiality Means the deed of confidentiality to be signed by Respondents before accessing the Data Room, in the form of the deed set out at Attachment B.

Department Means the Commonwealth of Australia as represented by the Department of Immigration and Border Protection.

Digital Client Services Has the meaning given in clause 3.4.1 of Part 3 – Statement of Requirements.

eForms Means the Departmental system that contains the online forms for Visa and citizenship applications. eForms also enables Clients to perform post lodgement activities such as attach supporting documents, complete and submit others forms, initiate other activities (such as health check) and view correspondence.

Electronic Travel Authority

Means the system that provides the ability for travel agents and airline booking offices to complete and submit short term visitor visa for a specific group of clients. Eligible Clients are also able to apply via an online form. This system was developed and is currently administered by an external third party organisation.


Term Definition

eMedical Means the Department’s electronic health processing system, used by medical providers to input the result of health assessments.

Enterprise Agreement Has the same meaning as in the Fair Work Act 2009 (Cth).

EOI Response Forms Means the forms to be completed by a Respondent to this REOI as set out in Part 7.

Evaluation Criteria Means the detailed criteria set out in Part 5 of this REOI that will be used to evaluate the Respondents.

Exclusion Sanction Has the same meaning as in subsection 3(3) of the Building Code.

Expression of Interest (EOI) Means all documents and materials lodged, submitted or provided by a Respondent in response to this REOI, including any documents or materials provided by Respondents in Scenario Based Design and Evaluation and Co-design.

Further Materials Registration Form

Means the form that must be used by Respondents to apply to:

(a) register to attend an Industry Briefing; and

(b) register to access the Data Room,

in the form set out at Attachment B.

Global Digital Platform Means the global digital platform, being a visa processing and data storage system that will facilitate the Department’s end to end visa and citizenship business, as described in the Statement of Requirements.

Glossary Means the glossary for the REOI set out at Attachment A.

Grants

Means an outcome where a decision-maker (including system-generated decision-making) gives a positive outcome to the Visa Application, resulting in a permission being given to a Visa Applicant to enter Australia.

Illegal Worker Means a person who:

(a) has unlawfully entered and remains in Australia

(b) has lawfully entered Australia, but remains in Australia after his/her visa has expired and/or

(c) is working in breach of his/her visa conditions.


Term Definition

Implementation costs Means investment costs incurred to scope, design, test or build parts of Bundle 1.

Indigenous Procurement Policy

Means the policy of that name, as amended from time to time, available at www.dpmc.gov.au/ipp/.

Industry Briefing Means the industry briefing(s) set out in the REOI Details and further detailed in clause 3.1 of Part 6

Late EOI Means any EOI that is lodged after the Closing Time.

Law Means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction and includes the common law and equity as applicable from time to time, and any applicable industry codes of conduct.

Migration Act Means the Migration Act 1958 (Cth).

Migration Regulations Means the Migration Regulations 1994 (Cth).

Minimum Content and Format Requirements

Means the requirements that the EOI must meet to be eligible for further consideration in the REOI process. These are set out at in the REOI Details.

Offshore Means any location outside of Australia’s migration zone (overseas).

Online Lodgement Means a lodgement method where an application can be completed and submitted over the internet.

Onshore Means any location within the Australian migration zone.

Operational costs Means recurring costs to run and maintain Bundle 1.

Opt-In Organisation Has the meaning given in clause 17.5.1 of Part 6.

Opt-In Organisation List Has the meaning given in clause 17.5.3 of Part 6.

Part Means a part of this REOI.

http://www.dpmc.gov.au/ipp


Term Definition

Participation Deed Means the participation deed to be signed by Short Listed Respondents before participation in Scenario Based Design and Evaluation (which will also apply to Co-design for those Respondents that are invited to participate), in the form of the participation deed set out at Attachment C.

Phase Means each of the phases of the REOI process as set out in Part 4 of this REOI.

Phase 1: Paper-based response to REOI or Phase One

Means the first Phase of the REOI process as described in Part 4 of this REOI.

Phase 2: Scenario Based Design and Evaluation or Phase Two

Means the second Phase of the REOI process as described in Part 4 of this REOI.

Phase 3: Co-Design or Phase Three

Means the third Phase of the REOI process described in Part 4 of this REOI.

Platform Has the same meaning as GDP.

Protection Obligations Means Australia’s international obligations under the Refugees Convention, International Convention on Civil and Political Rights and other international instruments.

Protective Security Policy Framework or PSPF

Means the Government’s protective security requirements for the protection of its people, information and assets (which replaced the Commonwealth Protective Security Manual 2005), as amended or replaced from time to time.

Public Governance, Performance and Accountability Act 2013 (PGPA Act)

Means the act of that name about the governance, performance and accountability of, and the use and management of public resources by the Commonwealth, Commonwealth Entities and Commonwealth companies, and for related purposes.

Real Means FY18 dollars excluding GST (with 1 July 2017 as the cost base date) rather than nominal dollars


Term Definition

Registration Documents Means the registration forms set out in Attachment B: Further Material Registration Form to:

(a) attend the Industry Briefing(s);

(b) obtain access to the Data Room; and

(c) register for the Opt-In Organisation List.

Related Entity Has the same meaning as in subsection 3(2) of the Building Code.

REOI Details Means Part 1 of this REOI.

Request for Tender (RFT) Means any request for tender subsequent to this REOI process in relation to the Services, as part of the multi-stage e process.

Respondent Means any entity which submits an EOI or, where the context requires, is proposing to submit an EOI.

Respondent’s Deed Means the deed to be completed by the Respondent in the form set out in Part 7, Form 1C.

Scenario Based Design and Evaluation

Means the second Phase of the REOI process as described in Part 4 of this REOI.

Services Means the services that are the subject of this REOI, as set out in the Statement of Requirement.

Short List Means any short list of Respondents developed by the Department as part of the REOI process, including the short lists to be developed by the Department:

(a) at completion of Phase 1: Response to REOI; and

(b) at completion of Phase 2: Scenario Based Design and Evaluation.

Short Listed Respondent Means a Respondent who is Short Listed by the Department during the REOI process.

Stage A or Stage A Bundles Includes Bundles 1 to 4.

Statement of Requirement Means Part 3 of this REOI.

Student Is a term referring to a holder of a student visa (subclasses 570-576).


Term Definition

Target State Has the meaning given in clause 4 of Part 2 of this REOI.

Temporary Visas or Temporary Entry Visas or Shorter term validity Visas

Means a Visa which provides for the entry of people from overseas to Australia on a temporary basis for purposes that benefit Australia, such as tourism, study, work or other activities. From 2014–15 this definition was expanded to include Special Category visas (subclass 444) provided to New Zealanders when they enter Australia.

Terms and Conditions Means the terms and conditions of this REOI set out in Part 6 of this REOI.

Thunderhead A content management system that delivers a capability to create, draft, send and record correspondence.

User Portal Means the user portal that delivers self-managed services to visa and citizenship clients and allows users to access a range of services that are offered by the Department. The User Portal enables authenticated users to create, track, list, search and view visa and citizenship applications from a single interface.

VAC Means a visa application charge, which is a tax imposed on applicants for an Australian visa that is charged in either one or two instalments, usually at the time the application is lodged.

Visa Has the same meaning that it has in the Migration Act.

Visa Applicant Means Clients applying for a Visa. Unless otherwise specified, the term covers both primary and secondary applicants.

Visa Application Means an application lodged for a Visa. A Visa Application may include both primary and secondary Visa Applicants.

Visa Criteria Means the validity, time of application and time of decision criteria, as outlined in schedules 1 and 2 of the Migration Regulations. Visa Criteria are also referred to as Visa Requirements.

Visa Requirements Means the validity, time of application and time of decision criteria, as outlined in schedules 1 and 2 of the Migration Regulations. Visa Requirements are also referred to as Visa Criteria.

Visitor Is a term referring to a holder of a Visitor Visa.

Workplace Relations Management Plan

Has the meaning given to 'WRMP' in subsection 3(1) of the Building Code.


Term Definition

Works Means the Commonwealth Funded Building Work which forms part of the Respondent's proposed solution for the provision of the Services.

The Department of Immigration and Border Protection REOI 22/17-B1 1

Australian Government Department of Immigration and Border Protection

ABN: 33 380 054 835

REQUEST FOR EXPRESSION OF INTEREST (REOI) DELIVERING VISA SERVICES FOR AUSTRALIA – BUNDLE 1

DIBP REOI 22/17-B1

ATTACHMENT B: FURTHER MATERIAL REGISTRATION FORM

© Commonwealth of Australia 2016.

The Department of Immigration and Border Protection REOI 22/17-B1 2

Attachment B – Further Material Registration Form

Name of Respondent: _______________________________________

ACN/ABN (or foreign equivalent): _______________________________________

Registered Business Address: _______________________________________

_______________________________________

_______________________________________

State:_____________ Postcode:____________

Contact Name: ______________________________________________________

Telephone: ______________________(w) ______________________ (mobile)

E-mail: ______________________________________________________

Department of Immigration and Border Protection Page 3 Request for Expression of Interest 22/17-B1

FURTHER MATERIAL REGISTRATION INFORMATION

1. Further Material Registration Form

1.1. This Further Material Registration Form must be used by Respondents to apply to:

a) register to attend an Industry Briefing; b) register to have their contact details shared on the Opt-In Organisation List (see further

Appendix B to this form); and c) register to access the Data Room,

for the Request for Expression of Interest (REOI) 22/17-B1 for Delivering Visa Services for Australia – Bundle 1.

1.2. Respondents must submit:

a) if the Respondent wishes to attend the Industry Briefing - a properly completed registration for the Industry Briefing Form at Appendix A at least three Business Days prior to the Industry Briefing;

b) if the Respondent wishes for its details to be included on the Opt-In Organisation List to be shared with Opt-In Organisations prior to the Industry Briefing - a properly completed registration for the Opt-In Organisation List at Appendix B, at least three Business Days prior to the Industry Briefing; and/or

c) if the Respondent wishes to access the Data Room and/or attend the Industry Briefing - a duly executed copy of the attached Deed of Confidentiality (without amendments other than insertion of details where appropriate) that complies with the requirements set out in clause 2 (How to submit documents) at Appendix C (including the Data Room Access Form),

(referred to collectively as the ‘Registration Documents’).

2. How to submit documents

2.1. The Registration Documents must be submitted by scanning the completed documents and sending them by email to the Contact Officer at [email protected].

2.2. Respondents that do not submit the Registration Documents in accordance with the requirements of this clause 2 (How to submit documents) will not be provided with access to the Industry Briefing or the Data Room, or be included on the Opt-In Organisation List (as applicable).

2.3. Respondents must complete the following to receive access to the Industry Briefing and/or the Data Room:

a) all Respondents that wish to attend the Industry Briefing(s) must pre-register by completing part or all of Table 1 of Appendix A;

b) complete the Deed of Confidentiality at Appendix C (including the Data Room Access Form at Schedule 2 to the Deed of Confidentiality), noting that the terms of the Deed of Confidentiality must not have been amended; and

c) the following details must be inserted in the Deed of Confidentiality: i. name of the Respondent;

ii. ABN/ACN (or foreign equivalent) of the Respondent; iii. signature or signatures of the person(s) executing the Deed of Confidentiality in the

appropriate signature blocks; iv. if the Respondent executes under power of attorney, the date of the power of attorney,

the registered number and/or the book number (as relevant); and v. signature of the witness, for entities other than companies.



2.4. Respondents must complete the form at Appendix B to be included in the Opt-In Organisation List shared with Opt-In Organisations prior to the Industry Briefing.

Note to Respondents: Respondents are required to submit one (1) Deed of Confidentiality per organisation. Respondents have the responsibility to ensure any employees/representatives abide by the terms in the Deed of Confidentiality.

3. Provision of documentation

3.1. Documentation on the Industry Briefing, how to access the Data Room and the Opt-In Organisation List will be sent to the email address listed on the cover page of this Further Material Registration Form to those Respondents that have submitted Registration Documents that comply with the requirements of clause 2 (How to submit documents).

3.2. Respondents are advised that it may take a maximum of two (2) Business Days after submission of the Registration Documents for the details about accessing the Industry Briefing and/or the Data Room to be sent to Respondents.

3.3. Respondents provided with documentation on the Industry Briefing and/or how to access the Data Room should note the provisions in the REOI setting out the conditions on which information in the REOI and further material is provided (including clause 6 of Part 6 - Terms and Conditions).

4. Questions regarding Registration Documents

4.1. Respondents that have any questions about the proper completion of the Registration Documents should email the Contact Officer at [email protected].

4.2. Respondents should note that a response may take a minimum of one (1) Business Day.

5. Checklist for Respondents

Item Task Completed 1 Complete details on the Further Material Registration Form cover sheet,

inclusive with names and all contact details.

2 Complete details on the Industry Briefing Form (Appendix A), as detailed in clause 2 (How to submit documents).

3 Complete details on the Opt-In Organisation List Form (Appendix B), as detailed in clause 2 (How to submit documents).

4 Complete details on the Deed of Confidentiality (Appendix C, including the Data Room Access Form at Schedule 2 to the Deed of Confidentiality) as detailed in clause 2 (How to submit documents).

5 Ensure that the Deed of Confidentiality has been duly executed without amendment.

6 Scan and email REOI Registration Documents to the Contact Officer at: [email protected]. Where the Respondent executes the Deed of Confidentiality by power of attorney, a copy of the power of attorney must also be provided when submitting the REOI Registration Documents.




APPENDIX A

REGISTRATION FORM - Industry Briefing

1. Industry briefing registration

1.1. In accordance with Part 6, clause 3.1 of the REOI Terms and Conditions, Respondents may register to attend the Industry Briefing(s).

1.2. The location of the Industry Briefing(s) will be advised as an addendum to the published REOI documentation on AusTender.

1.3. Respondents may nominate a maximum of three (3) officers from the Respondent’s organisation to attend an Industry Briefing.

1.4. Participation at the Industry Briefing(s) is not a Condition for Participation or otherwise mandatory.

1.5. Respondents are required to make their own travel and accommodation arrangements to attend the Industry Briefing(s).

1.6. Respondents that wish to attend the Industry Briefing(s) must pre-register by completing Table 1 of this Registration for Industry Briefing Form and emailing the completed document to the Contact Officer at least three (3) Business Days prior to the Industry Briefing day.

1.7. The Department will then confirm the Respondent’s attendance at the Industry Briefing and provide the Industry Briefing arrangements.

1.8. The presentation provided at the Industry Briefing(s) along with a transcript of any questions and answers arising from the Industry Briefing(s) will be published on AusTender following the Industry Briefing for the information of all Respondents registered via AusTender, regardless of whether they attend the Industry Briefing(s) or not.

1.9. Any questions asked at the Industry Briefing(s) may be taken on notice and answered in the form of an addendum to the published REOI documentation.

1.10. For further details and conditions in relation to the Industry Briefing, Respondents should refer to clause 3.1 of Part 6 of the REOI Terms and Conditions.

mailto:%20to%20the


TABLE 1 – Industry Briefing Registration Form

Please complete this form to register your organisation’s attendance at the Industry Briefing.

Your Details Contact name

Company or organisation

Title/Position

Contact number (country code) (city code)

Mobile

Contact email

Website

Attendance Attendance will be limited to three people per organisation at each briefing.

Briefing

[Location] •


APPENDIX B

REGISTRATION FORM – Opt-In Organisation List 1.1. The Department encourages early planning. To assist potential Respondents, the Department has

offered an opportunity for interested organisations to provide their contact details for sharing with other organisations for these purposes via the Opt-In Organisation List (refer to Part 6, clause 17.5 of the Terms and Conditions for further details).

1.2. If the Respondent wishes to become an Opt-In Organisation and have its details shared via the Opt-In Organisation List prior to the Industry Briefing, the Respondent should complete the below form and provide it to the Contact Officer at least three Business Days prior to the Industry Briefing day.

1.3. If the Respondent does not complete and provide this form to the Department in accordance with the timeframe under clause 1.2, the Respondent will still be able register to become an Opt-In Organisation and be included in the Opt-In Organisation List after the Industry Briefing in accordance with Part 6, clause 17.5 of the REOI Terms and Conditions.

1.4. By completing and submitting this form, the Respondent acknowledges and agrees:

1.4.1.1. its contact details will be added to the Opt In Organisation List;

1.4.1.2. the Opt In Organisation List, which will contain its contact details, will be distributed to other Opt In Organisations;

1.4.1.3. it consents to the release of the information in the form (including the Respondent's name and contact email) to other Opt-In Organisations, for the purposes of facilitating communication with those Opt-In Organisations about potential teaming arrangements for the REOI process;

1.4.1.4. to ensure that the Opt-In Organisation List is kept confidential and in accordance with the Privacy Act 1988 (Cth), and is only provided to persons within the Respondndent' organisation who are authorised to receive such information;

1.4.1.5. that the Opt-In Organisation List is not to be disclosed outside the Respondent without the prior written agreement of the Department;

1.4.1.6. to only use the Opt-In Organisation List for the purposes of facilitating communication with Opt-In Organisations in relation to the REOI process.

1.4.1.7. the Department takes no responsibility for the accuracy or currency of any contact details included in the Opt In Organisation List;

1.4.1.8. the Department takes no responsibility for connecting organisations (including any Opt In Organisations) and that any contact between organisations is at the sole discretion, risk and responsibility of each organisation;

1.4.1.9. the Department will not be liable or in any way responsible for any loss, cost, expense, claim or damage incurred by any organisation arising from: 1.4.1.9.1. its decision to become or not to become an Opt In Organisation;


1.4.1.9.2. the Opt In Organisation List, including any contact details included in the Opt In Organisation List, being disseminated beyond the Opt In Organisations; or

1.4.1.9.3. the accuracy or currency (or otherwise) of contact details recorded on the Opt In Organisation List.

Opt-In Organisation Registration Form Organisation Email Address Phone

Number Other information (if any)

Example Department of Immigration and Border Protection

[email protected] (02) 6264 1111

[This may include information in relation to the potential services proposed to be provided / potential organisations you may be looking to partner with.]



APPENDIX C

DEED of

CONFIDENTIALITY

I, ____________________________________________________[INSERT FULL NAME RESPONDENT] (Respondent) of ___________________________________________________________[INSERT CONTACT ADDRESS/DETAILS], covenant for the benefit of the Commonwealth of Australia (Commonwealth), in connection with information (including information provided in the industry briefing and through the data room(s)) regarding the Department of Immigration and Border Protection’s (the Department), Request for Expressions of Interest for Delivering Visa Services for Australia (REOI) procurement process (REOI 27/17) (Project), as follows: Recitals: A The Respondent is interested in submitting a response to the REOI, or is a proposed subcontractor

of an intended respondent.

B The Department may provide the Respondent with information, including at an industry briefing and in a Data Room, pertaining to, or in connection with, the REOI process which is Confidential Information.

C The Department requires, and the Respondent agrees, that it is necessary to take all reasonable steps (including the execution of this deed) to ensure that Confidential Information is kept confidential.

1. Interpretation

1.1 Definitions The following definitions apply in this deed.

Authorised User means a natural person who is listed in a Data Room Access Form and who is approved by the Department, by notice in writing to the Respondent, as an Authorised User for the purposes of this Deed.

Confidential Information means information (whether or not owned by the Department) that:

(a) is by its nature confidential;

(b) is designated by the Department as confidential;

(c) the Respondent knows or ought to know is confidential; or

(d) is comprised in or relates to Department Material,

but does not include information which: (e) is or becomes public knowledge other than by breach of the conditions of the REOI or this

deed;

Note to Respondents: Respondents are required to execute a Deed of Confidentiality if the Respondent wishes to: (a) attend the Industry Briefing;

(b) access the Data Room; or

(c) attend the Industry Briefing and access the Data Room.


(f) is in the possession of the Respondent without restriction in relation to disclosure before the date of receipt from the Department; or

(g) has been independently developed or acquired by the receiving party.

Data Room means a collection of Documents, material and information, either in physical or electronic form, which is made available or provided to Respondents by or on behalf of the Department in connection with the REOI process. Data Room Access Form means the form set out in Schedule 2 to this deed. Data Room Protocol means the protocol governing access to the Data Room by the Respondent and its Authorised Users as provided at Schedule 1 of this deed, and includes any amendments or variations to it. Deadline for Submission of Respondents' Questions has the meanining given in Part 1 – REOI Details. Department means that Commonwealth of Australia as represented by the Department of Immigration and Border Protection ABN 33 380 054 835. Department Material means any material provided by the Department to the Respondent or its Authorised Users (including, where the Respondent is a proposed subcontractor, material on-provided to the Respondent by an entity that intends to respond to the REOI), including information made available through the Data Room or any industry briefing provided as part of the REOI process, for the purposes of responding to, or considering whether to respond to, the REOI or which is copied or derived from material so provided, including Documents, equipment, information and data stored by any means. Documents include: (a) any paper or other materials on which there are writing, marks, figures, symbols or

perforations having meaning for persons qualified to interpret them; and

(b) any article or material from which sound, images or writings are capable of being reproduced with or without the aid of any other article or device.

Permitted Purpose means the purpose of considering whether to submit a response to the REOI, preparing a response to the REOI, lodgement of a response to the REOI, and otherwise participating in the REOI process.

1.2 Terms defined in the REOI Words and expressions used but not defined in this deed have the meaning given in the REOI.

1.3 Interpretation In this deed, unless the contrary intention appears: (a) headings are for the purpose of convenient reference only and do not form part of the

deed;

(b) the singular includes the plural and vice versa;

(c) a reference to one gender includes the others;

(d) a reference to a person includes a body politic, body corporate or a partnership;

(e) a reference to a clause includes a reference to a subclause of that clause;

(f) a reference to an Act is a reference to an Act of the Commonwealth, State or Territory of Australia, as amended or repealed from time to time, and includes a reference to any subordinate legislation made under the Act;


(g) a reference to a law is a reference to any legislation (including subordinate or delegated legislation or statutory instruments of any kind), regulation, by-law, ordinance, judgment or other law for the time being in force;

(h) the word includes in any form is not a word of limitation; and

(i) a reference to a party includes that party’s administrators, successors, and permitted assigns.

2. Benefit of this deed The Respondent acknowledges and agrees that the undertakings in this deed are given for the benefit of, and may be relied on and enforced by, the Department and any other person whose Confidential Information is disclosed in connection with the REOI process, including through the Data Room.

3. Data Room The Respondent acknowledges and agrees that: (a) in the Department's discretion, it and its Authorised Users, may be provided with access to

the Data Room;

(b) the terms of access to the Data Room will be governed by this deed and the Data Room Protocol;

(c) the information contained in the Data Room is Confidential Information;

(d) if the Respondent is provided with access to the Data Room, the Respondent agrees to be bound by the Data Room Protocol and must ensure that its Authorised Users comply with the Data Room Protocols at all times; and

(e) the Department:

(i) does not represent that access to the Data Room will always be available; and

(ii) is not responsible for the operation of any computer system, communication system, software or ancillary equipment used to access the Data Room.

4. Authorised Users

4.1 Request and approval of Authorised Users The Respondent may request the Department to approve as an Authorised User any of its officers, employees, agents, advisers or independent contractors who have a need to know the Confidential Information in order for the Respondent to carry out the Permitted Purposes by submitting a completed Data Room Access Form to the Department.

4.2 Undertakings by Authorised Users Prior to approving a person as an Authorised User, or at any time following approval, the Department may require the Respondent to have executed a similar undertaking to this deed in favour of the Department by a person the Respondent has requested is approved as an Authorised User or by an approved Authorised User. If the Respondent receives such a request in respect of an approved Authorised User, it must promptly arrange for all such undertakings to be given.

4.3 Respondent must ensure Authorised Users do not breach The Respondent must ensure that Authorised Users (whether or not still employed or engaged in the capacity they were in when approved as Authorised Users) do not do or omit to do anything which, if done or omitted to be done by the Respondent, would be a breach of the Respondent's obligations under this deed.


4.4 Assistance following breach The Respondent will give the Department all assistance it reasonably requires to take any action or bring any proceedings for breach of the undertaking contained in clause 4.3.

5. Undertakings The Respondent undertakes and warrants that it and each of its Authorised Users will: (a) take all reasonable steps to ensure that such Confidential Information is kept confidential

in accordance with this deed;

(b) only use the Confidential Information for the Permitted Purposes;

(c) not use, or cause or permit to be used, any Confidential Information to the current or potential disadvantage of the Department;

(d) not without the prior written consent of the Department, disclose or permit any person to disclose any of the Confidential Information to any person other than an Authorised User and the Department may grant or withhold its consent, or impose conditions on any consent granted;

(e) not reproduce, record, or cause to permit any reproduction or recording of, any Confidential Information except to the extent necessary for the Permitted Purpose;

(f) not make, or cause or permit to be made, any Documents based on or related to any Confidential Information except to the extent necessary for the Permitted Purpose;

(g) not introduce any Confidential Information into any computer system or other device operated, controlled or which may be accessed to any extent by a person other than the Department or the Respondent or any of its Authorised Users and only to the extent necessary for the Permitted Purpose; and

(h) must comply with instructions given to it from time to time by the Department regarding protection of the Confidential Information, including any new Data Room Protocols.

6. Storage of Confidential Information The Respondent must keep all Confidential Information within its control and ensure that the Confidential Information is properly secured and stored.

7. Acknowledgement The Respondent acknowledges and agrees that improper use, or disclosure of any Confidential Information provided to the Respondent pursuant to or in connection with the REOI would be detrimental to the Department in the performance of its functions.

8. Return of Confidential Information

8.1 Delivery of Confidential Information The Respondent agrees to deliver to the Department all Documents in its possession, power or control which contain or relate to any Confidential Information on the earlier of: (a) demand by the Department; or

(b) the time the Documents are no longer required for the Permitted Purpose.


8.2 Documents beyond possession or control If the Department makes a demand under clause 8.1(a), and the Respondent has placed or is aware that Documents containing the Confidential Information are beyond its possession or control, then the Respondent must provide full particulars of the whereabouts of the Documents containing the Confidential Information, and the identity of the person in whose custody or control they are held.

8.3 Destruction of Confidential Information on request The Respondent, when directed by the Department in writing, agrees to destroy any Document in its possession, power or control which contains or relates to any Confidential Information.

8.4 Return or destruction does not release Return or destruction of the Document referred to in this clause does not release the Respondent from its obligations under this deed.

9. Breach of obligations

9.1 Obligation to notify The Respondent must immediately notify the Department and take all steps necessary to prevent: (a) any actual, threatened or suspected breach of this deed by the Respondent; or

(b) any unauthorised use or disclosure of the Confidential Information by the Respondent,

and must comply with any directions issued by the Department regarding such breach or unauthorised use or disclosure.

9.2 Provision of assistance The Respondent must provide such assistance as may be reasonably required by the Department in relation to any claim or proceedings that the Department may take against any third party for unauthorised use or disclosure of the Confidential Information.

9.3 Acknowledgement Without limiting the Department's rights under the REOI or at law, the Respondent acknowledges that if it breaches its obligations under this deed, the Department may: (a) remove its access, or the access of its Authorised Users, to the Data Room;

(b) exclude the Respondent from consideration, or further consideration, in the REOI process; and

(c) exclude from consideration, or further consideration, any response to the REOI which nominates the Respondent as a subcontractor.

10. Reliance on Confidential Information

10.1 No right or title The Respondent acknowledges that it will obtain no right (including intellectual property rights), title or interest in the Confidential Information.


10.2 Acknowledgement The Respondent acknowledges and agrees that: (a) the Department does not make any warranty, express or implied, that the Confidential

Information provided to Respondents is complete, accurate or up-to-date;

(b) the Department does not accept any responsibility to inform, or to provide any further information, to the Respondent if the Department becomes aware of any inaccuracy, incompleteness or change in the Confidential Information;

(c) it must make its own independent assessment of the Confidential Information and satisfy itself as to the accuracy, completeness and currency of that information;

(d) nothing in the Confidential Information constitutes a recommendation with respect to the REOI or an offer by the Department in respect of the REOI or the Services; and

(e) it will conduct its own independent inquiries and assessment and will form, and rely upon, its own opinions in relation to the Confidential Information, the REOI and the Permitted Purpose.

11. Personal Information The Respondent agrees to abide by the provisions of the Privacy Act 1988 (Cth), including the Australian Privacy Principles set out in that Act, in respect of the Confidential Information, whether or not the Respondent is legally bound to comply with that Act and as if the definition of 'personal information' in that Act includes Confidential Information.

12. Crimes Act 1914 (Cth) Without limiting the Department's rights under or in connection with this deed, or otherwise under statute, at law or in equity, the Respondent acknowledges that a breach of this deed may constitute a breach of section 70 of the Crimes Act 1914 (Cth) which carries a penalty of up to two years imprisonment.

13. General

13.1 Survival The obligations in this deed are perpetual.

13.2 Injunctive Relief The Respondent acknowledges that damages may not be a sufficient remedy for the Department for any breach of this deed and that the Department is entitled to injunctive relief (as appropriate) as a remedy for any breach or suspected or threatened breach by the Respondent, in addition to any other remedies available at law or in equity.

13.3 No Exclusion of Law or Equity This deed must not be construed to exclude the operation of any principle of law or equity intended to protect and preserve the confidentiality of the Confidential Information.

13.4 Remedies Cumulative The rights and remedies provided under this deed are cumulative and not exclusive of any rights or remedies provided by law or any other such right or remedy.


13.5 Other Instruments Subject to the other covenants of this deed, the rights and obligations of the parties pursuant to this deed are in addition to and not in derogation of any other right or obligation between the parties under any other deed or agreement to which they are parties.

13.6 Applicable Law The laws of the Australian Capital Territory apply to the deed. The courts of the Australian Capital Territory have non-exclusive jurisdiction to decide any matter arising out of the deed.

13.7 Jurisdiction The Respondent irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts that have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts, including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

13.8 Notices Any notice or other communication required to be given under this deed is deemed to have been duly served on the Department when notified to the Contact Officer and if served on the Respondent at an address for service nominated by the Respondent when it registers with AusTender in respect of the REOI.

13.9 Waiver Failure by the Department to enforce a provision of this deed will not be construed as in any way affecting the enforceability of that provision or the deed as a whole.

Executed as a deed poll

Execution by a company incorporated in Australia The following execution block should be used by a Respondent that is a company incorporated in Australia.










Execution by a company not incorporated in Australia Where this deed is completed by a company not incorporated in Australia, the company should: (a) if registered in Australia, include the company's ABN or ARBN (or if not registered in Australia,

include any equivalent registration number in its jurisdiction of incorporation, in the place of the ABN or ARBN);

(b) use an appropriate execution block (such as the example block provided below);

(c) state the company's jurisdiction of incorporation;

(d) execute this deed in accordance with the relevant requirements of the jurisdiction of its incorporation; and

(e) on request from the Department, and at the expense of the Respondent, provide a legal opinion from:








Schedule 1 to Deed of Confidentiality – Data Room Protocol

1. This Protocol

1.1 Introduction This Data Room Protocol sets out the rules under, and procedures by, which the Respondent and its Authorised Users will be given access to the Data Room.

1.2 Contact points All communications in relation to the Data Room, including in relation to any information made available in the Data Room, should be referred to the Contact Officer in accordance with the REOI prior to the Deadline for Submission of Respondents' Questions.

2. Access to the Data Room

2.1 Initial access Respondents seeking access to the Data Room must submit to the Contact Officer:

(a) an executed Deed of Confidentiality; and

(b) a completed User Access Request Form,

prior to the Deadline for Submission of Respondents' Questions.

2.2 Access for additional persons The Respondent may at any time prior to the Deadline for Submission of Respondents' Questions forward further completed User Access Request Forms to the Contact Officer requesting the substitution or addition of Authorised Users.

2.3 Invitation email Following the receipt of the executed Deed of Confidentiality and the completed User Access Request Form and subject to approval by the Department, the Department will send each user identified in a User Access Request Form an invitation email to the Data Room.

2.4 User limit Each Respondent may have no more than 10 Authorised Users at any one time.

2.5 Keeping information current If the information provided in a User Access Form in respect of any Authorised User changes or is no longer accurate, the Respondent must notify the Department.

2.6 Usernames and passwords must not be shared Usernames and passwords are personal and must not be provided to any other person, including other members of the Respondent's team.

2.7 Storage of usernames and passwords Authorised Users must ensure that they store all access instructions, usernames and passwords for the Data Room in a secure location.

2.8 Misuse of usernames and passwords Misuse of a username or password may result in the suspension of the Data Room access, the exclusion of the Respondent from the REOI process and may constitute an offence against the Criminal Code Act 1995 (Cth).


3. Availability

3.1 Usual availability The Data Room is intended to be available 24 hours a day, seven days a week, (except for any scheduled maintenance) until the Department determines that access is no longer required to facilitate participation in the REOI. However, the operation and availability of the Data Room is dependent on the availability and functioning of services such as telecommunications. The Department does not control these services and is not responsible for them or their effect on the Data Room.

3.2 Department's rights Access to the Data Room is with the consent of the Department. That consent may be withdrawn or altered, and the Data Room or any part of it rendered inaccessible in whole or in part to any person or Respondent, at any time without prior notice and without reason or explanation.

4. Content of the Data Room

4.1 Changes to materials The Department may, from time to time, change, supplement, supersede, withdraw or replace all or any part of the materials in the Data Room. Authorised Users may be notified when any new material is included in the Data Room.

4.2 Downloaded and printed materials Authorised Users will not be permitted to download, save or print any material in the Data Room.

5. General

5.1 Changes to this Data Room Protocol The Department may change, supplement or substitute this Data Room Protocol at any time by notice to the Respondent given in any manner.

5.2 Waiver A waiver by the Department of this Data Room Protocol must be in writing and is effective only to the extent set out in the waiver.


Schedule 2 to Deed of Confidentiality– Data Room Access Form

Personal Data

Surname Given Names Date of Birth

dd/mm/yyyy

Organisation Position Email Address Contact Phone Number

Logon ID (for office use only)

1

2

3

4

5.

6.

7.

8.

10.

Draft Participation Deed in relation to the Request for Expression of Interest DIBP REOI 22/17-B1 for Delivering Visa Services for Australia – Bundle 1

Commonwealth of Australia as represented by the Department of Immigration and Border Protection (the Department) [Insert entity name] (Respondent)

Draft Participation Deed Visa Reform Program Page 2

Draft Participation Deed in relation to the Request for Expression of Interest DIBP REOI 22/17-B1 for Delivering Visa Services for Australia – Global Digital Platform

Details 4

Agreed terms 5

1. Deed Framework 5 1.1 Defined terms 5 1.2 Interpretation 8 1.3 Precedence of Documents 8 2. Definition Activities 8 2.1 Objectives 8 2.2 Overview of the Definition Activities 8 2.3 Status of the Definition Activities 9 2.4 Preliminary discussions 10 2.5 Stage 1: Scenario Based Design and Evaluation Activities 10 2.6 Stage 2: Co-design Activities 10 2.7 Additional Protocols 10 3. Costs 10 3.1 Responsibility for participation costs 10 3.2 Department Contribution 10 3.3 Claims for Payment of the Department Contribution 10 4. Roles and Responsibilities 11 4.1 Department Representative 11 4.2 Respondent Representative 11 5. Participation Deed Framework 12 5.1 Commencement of Operation and Expiration of this Participation Deed 12 5.2 No Partnership 12 5.3 No Representation or Reliance 12 5.4 Respondent acknowledgements in relation to the Definition Activities 12 5.5 Additional Definition Activities 12 5.6 Indemnity 13 5.7 Limitation of liability 13 6. Intellectual Property 13 6.1 Pre-existing Respondent Material and Third Party Material – Ownership and licensing 13 6.2 Intellectual Property – Deed Material Ownership and Licensing 14 6.3 Intellectual Property – Department Material Ownership and Licensing 14 6.4 Moral Rights 14 6.5 IP Indemnity 14 6.6 Malicious code 15 7. Insurance 15 8. Security 15 8.1 Interpretation 15 8.2 Security of the Activities 15 8.3 Compliance with the PSPF 16 8.4 Security Classified Information 16 8.5 Official Information 16 8.6 Security clearances 17


8.7 Security breaches 17 8.8 Notifications of breach 17 8.9 Equipment 17 8.10 Compliance with Department policies 17 9. Work health and safety 18 9.1 Definitions 18 9.2 Inconsistency with WHS Laws 18 9.3 General obligations 18 9.4 Notifying the Department 18 9.5 Relationship to other obligations 19 9.6 Covered Workers 19 9.7 Non-compliance 19 9.8 Suspension 19 9.9 Termination 19 10. Key Personnel 20 11. Department Equipment 21 12. Privacy 21 13. Deed Management 21 13.1 Notices 21 13.2 Change to this Participation Deed 22 13.3 Confidential Information 22 13.4 Assignment and Novation 23 13.5 Negation of Employment and Agency 23 13.6 Respondent Access 23 14. Policy and Law 23 14.1 Applicable Law 23 14.2 Compliance With Laws 23 14.3 Severability 23 14.4 Waiver 23 15. Disputes 24 16. Termination without Default 24 17. Termination for Default 24 18. Survivorship 24 Schedule 1 – Stage 1: Scenario Based Design and Evaluation Activities 25 Schedule 2 – Stage 2: Co-design Activities 26 Schedule 3 – Deed of Confidentiality and Privacy 27 Signing page 30


Details Date

Parties

Name Commonwealth of Australia as represented by the Department of Immigration and Border Protection

ABN 33 380 054 835 Short form name the Department Notice details 5 Chan Street

Belconnen ACT 2617 Attn: Claire Pitham Director | Market Partnerships Branch Phone: (02) 6223 9198 Email: [email protected]

Name [Insert Company Name] ACN [ACN No] ABN [ABN No] Short form name Respondent Notice details [Address]

[Facsimile No] Email: [Email]

Background A The Department issued a Request for Expression of Interest DIBP REOI 22/17-B1 in relation to

delivering visa services for Australia on 22 September 2017.

B The Respondent submitted an EOI in response to the REOI.

C The REOI provides that the Department may engage one or more shortlisted Respondents selected by the Department to participate in some or all parts of the Definition Activities comprising of two stages as follows:

(i) Stage 1: Scenario Based Design and Evaluation; and

(ii) Stage 2: Co-design.

D The REOI also provides that a shortlisted Respondent must execute this Participation Deed and return it to the Department prior to commencing participation in the first stage of the Definition Activities, being Stage 1: Scenario Based Design and Evaluation.

E Following on from Stage 1: Scenario Based Design and Evaluation, the Department may or may not invite the Respondent to participate in Stage 2: Co-design.

F The Department has shortlisted the Respondent to participate, and the Respondent has agreed to participate, in Stage 1: Scenario Based Design and Evaluation and, if invited to participate, Stage 2: Co-design on the terms set out, and in accordance with this Participation Deed.



Agreed terms

1. Deed Framework

1.1 Defined terms In this Participation Deed, unless the contrary intention appears:

Activities means all activities to be carried out by the Respondent under this Participation Deed, including those set out in clause 2.5.

Advisers means the financial, technical or legal advisers of a party and the respective Personnel of those financial, technical or legal advisers.

Attachment means an attachment to this Participation Deed.

Australian Privacy Principles has the meaning given in the Privacy Act 1988 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in Canberra, Australian Capital Territory.

Closing Time has the meaning given in the REOI.

Commonwealth Entity means:

(a) a body corporate or an unincorporated body established or constituted for a public purpose by Commonwealth legislation, or an instrument made under that legislation (including a local authority);

(b) a body established by the Governor-General or by a Minister of State of the Commonwealth including departments; or

(c) an incorporated company over which the Commonwealth exercises control.

Confidential Information means information that is by its nature confidential and:

(a) for Respondent Confidential Information - the parties agree to designate the information as confidential;

(b) for Department Confidential Information - is designated by the Department as confidential or the Respondent knows or ought to know is confidential,

but does not include information that:

(c) is or becomes public knowledge other than by breach of this Participation Deed or any other obligation of confidentiality;

(d) is in the possession of a party without restriction in relation to disclosure before the date of receipt; or

(e) has been independently developed or acquired by the receiving party without restriction as to disclosure.

Contract means a contract executed between the Department and the successful provider (if any) following any request for tender or future approach to market in relation to the Services.

Covered Workers means Respondent Personnel who are workers (within the meaning of the WHS Act):

(a) engaged, or caused to be engaged by the Department; or

(b) whose activities in carrying out work are influenced or directed by the Respondent,

while at work (wherever occurring) in the Department's business or undertaking.

Deed Material means Material which is created under or otherwise in connection with this Participation Deed, other than Pre-existing Respondent Material or Third Party Material.

Definition Activities means the definition activities undertaken under and in accordance with this Participation Deed and includes all Intellectual Property Rights required to be supplied pursuant to


this Participation Deed. The Definition Activities comprises two stages, being Stage 1: Scenario Based Design and Evaluation and Stage 2: Co-design.

Deliverables means any document, hardware, software or other thing which is required to be delivered or provided by the Respondent under this Participation Deed, including anything produced with the assistance of the Department.

Department Contribution has the meaning given in clause 3.2(a).

Department Data means all:

(a) Department Material;

(b) Official Information;

(c) Security Classified Information; and

(d) data and information relating to the Department, and its operations, facilities, customers, Personnel, assets and programs (including Personal Information) in whatever form that information may exist and whether entered into, stored in, generated by or processed through software or equipment by or on behalf of the Department.

Department Material means any Material provided to the Respondent by the Department for the purpose of this Participation Deed.

Department Representative means the person identified at clause 4.1(a) or as otherwise notified by the Department in accordance with clause 4.1(b).

Effective Date or ED means the date on which this Participation Deed is signed by the parties, or if signed on separate days, the date of the last signature.

EOI means the expression of interest submitted by the Respondent in response to the REOI.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 and associated taxation legislation. The expressions 'adjustment note', 'taxable supply' and 'tax invoice' have the meanings given to those expressions in the GST Act.

Intellectual Property Rights means all intellectual property rights, including the following rights:

(a) rights in relation to patents, copyright (including Moral Rights), circuit layout rights, trade marks (including goodwill in those marks), business names and any right to have confidential information (including trade secrets and know-how) kept confidential and any other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields recognised in domestic law anywhere in the world;

(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and

(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere,

(d) whether or not the rights are registered or capable of being registered.

ISM means the document suite published by the Australian Signals Directorate that details controls, principles and rationale for information security on ICT systems, which can be accessed at http://www.asd.gov.au/infosec/ism/index.htm.

Key Personnel means those personnel that are key and essential to the Respondent's participation in the Definition Activities and approved by the Department in accordance with clause 10(b).

Material means any software, firmware, documented methodology or process, documentation or other material in whatever form, including any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any Intellectual Property Rights.

Modify means to add to, enhance, reduce, change, replace, vary or improve. Derivatives such as 'Modification' and 'Modified' have corresponding meanings.

Moral Rights means

http://www.asd.gov.au/infosec/ism/index.htm


(a) a right of attribution of authorship;

(b) a right not to have authorship falsely attributed; or

(c) a right of integrity of authorship.

Official Information has the meaning given in the PSPF Australian Government protective security policy framework – glossary of security terms, as amended or replaced from time to time, and available at https://wwwprotectivesecuritygovau/ExecutiveGuidance/Pages/PSPF-Glossary-of-termsaspx

Participation Deed means the terms and conditions of this deed and the Attachments.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personnel means, in relation to a party, any natural person who is an employee, officer, agent or professional adviser of that party and, in the case of the Respondent, of a subcontractor.

Pre-existing Respondent Material means Material, other than Third Party Material, that:

(a) is in existence at the Effective Date or is subsequently brought into existence other than as a result of the performance of this Participation Deed; and

(b) is embodied in, or attaches to, the EOI, or is otherwise necessarily related to the functioning or operation of the solution proposed in the EOI.

Protective Security Policy Framework or PSPF means the Australian Government's protective security requirements for the protection of its people, information and assets (which replaced the Commonwealth Protective Security Manual 2005), as amended or replaced from time to time, and can be accessed at: http://wwwprotectivesecuritygovau/Pages/defaultaspx.

Request for Expression of Interest or REOI means the Request for Expression of Interest DIBP REOI 27/17 issued by the Department on or about 22 September 2017 in relation to delivering visa services for Australia, including all amendments (if any) made by the Department to the REOI.

Respondent Representative means the person identified at clause 4.2(a) or as otherwise notified by the Respondent in accordance with clause 4.2(b).

Security Classified Information has the meaning given in the PSPF Australian Government protective security policy framework – glossary of security terms, as amended or replaced from time to time, and available at https://wwwprotectivesecuritygovau/ExecutiveGuidance/Pages/PSPF-Glossary-of-termsaspx.

Services has the meaning given in the REOI.

Stage 1: Scenario Based Design and Evaluation means the first stage of the Definition Activities as described in clause 2.2(a)(i).

Stage 2: Co-design means the second stage of the Definition Activities as described in clause 2.2(a)(ii).

Third Party Material means Material which is owned by a party other than the Department or the Respondent and is embodied in the Deliverables, or attaches to the Deliverables or is otherwise necessarily related to the functioning or operation of a solution proposed in the Deliverables, and is not limited to commercial off-the-shelf items.

Visa Services means the delivery of visa and citizenship services for Australia.

WHS Act means the Work Health and Safety Act 2011 (Cth) and any corresponding WHS Law within the meaning of section 4 of the WHS Act.

WHS Laws means the WHS Act, WHS Regulations and any ‘corresponding work health and safety law’ as defined in section 4 of the WHS Act.

WHS Regulations means the regulations made under the WHS Act.

Terms not defined in this Participation Deed have the same meaning as the corresponding definition in the glossary set out at Attachment A of the REOI.

https://www.protectivesecurity.gov.au/ExecutiveGuidance/Pages/PSPF-Glossary-of-terms.aspx


http://www.protectivesecurity.gov.au/Pages/default.aspx



1.2 Interpretation In this Participation Deed, unless the contrary intention appears:

(a) headings are for the purpose of convenient reference only and do not form part of this Participation Deed;

(b) the singular includes the plural and vice-versa;

(c) a reference to one gender includes the other;

(d) a reference to a person includes a body politic, body corporate or a partnership;

(e) when the last day of any period prescribed for the doing of an action falls on a day which is not a Business Day, the action will be done no later than the end of the next Business Day;

(f) a reference to an Act or Commonwealth policy is a reference to an Act of the Commonwealth, State or Territory of Australia or Commonwealth policy, as amended from time to time, and includes a reference to any subordinate legislation made under the Act;

(g) a reference to a clause includes a reference to a subclause of that clause;

(h) a reference to a 'dollar', '$', '$A' or 'AUD' means the Australian dollar unless otherwise stated;

(i) a reference to a specification, publication or other document is a reference to that specification, publication or document in effect on the Effective Date, or alternatively, a reference to another version of the document if agreed in writing between the parties;

(j) the word 'includes' in any form is not a word of limitation; and

(k) a reference to a party includes that party’s administrators, successors, and permitted assigns, including any person to whom that party novates any part of this Participation Deed.

1.3 Precedence of Documents If there is any inconsistency between provisions of this Participation Deed, a descending order of precedence will be accorded to:

(a) the terms and conditions of this Participation Deed;

(b) the Attachments to this Participation Deed; and

(c) any document incorporated by express reference as part of this Participation Deed,

so that the provision in the higher ranked document, to the extent of the inconsistency, prevails.

2. Definition Activities

2.1 Objectives (a) The objectives of this Participation Deed include engaging the Respondent in the

Definition Activities with the goal of:

(i) refining and developing business, technical and commercial design requirements with respect to the Services;

(ii) providing the Respondent with an opportunity to better understand the Department's requirements; and

(iii) developing requirements for any Request for Tender or future approach to market.

(b) The Respondent will participate in the Definition Activities, including carrying out the Activities within the timeframes set out in this Participation Deed.

2.2 Overview of the Definition Activities (a) The Definition Activities consists of two stages as follows:


(i) Stage 1: Scenario Based Design and Evaluation, which involves the Respondent:

(A) considering and responding to a number of scenarios provided by the Department in relation to business, technical and commercial requirements of the Services; and

(B) attending up to two workshops with the Department in relation to its response to the scenarios provided by the Department; and

(ii) Stage 2: Co-design, which, if invited by the Department, involves the Respondent, over approximately a 20 week period:

(A) designing a global digital platform for temporary entry visas and prototyping an end-to-end temporary entry visa processing journey through the global digital platform and associated systems; and

(B) working collaboratively with the Department to co-design a solution and develop the requirements for the Services.

(b) Following on from Stage 1: Scenario Based Design and Evaluation, the Respondent may or may not be invited by the Department to participate in Stage 2: Co-design.

2.3 Status of the Definition Activities The Respondent acknowledges and agrees that:

(a) the Definition Activities are part of the REOI process;

(b) entry into this Participation Deed does not terminate the REOI process being conducted by the Department;

(c) the Department retains and reserves all rights under the REOI and at law;

(d) the Respondent must continue to comply with its obligations in the REOI in addition to those contained in this Participation Deed;

(e) the Department may, at any time including during the Definition Activities, exercise any of its rights under the REOI including, terminating a respondent's participation in the REOI process or to suspend or terminate the REOI process;

(f) the Department may enter into the same, a similar or other definition activities with one or more other respondents;

(g) the Definition Activities does not give rise to any contract or other understanding and are not a representation that a contract will be entered between the Department and the Respondent;

(h) in accordance with the REOI, the Department may or may not invite the Respondent to participate in Stage 2: Co-design, following on from Stage 1: Scenario Based Design and Evaluation;

(i) there is no guarantee, assurance or representation that:

(i) the Respondent will be selected as the preferred respondent;

(ii) the Respondent will be invited to participate in Stage 2: Co-design;

(iii) the Respondent will be short listed and invited to respond to any RFT or future approach to market; or

(iv) that any contract will be entered into between the Department and the Respondent;

(j) the Department makes no guarantee, assurance or representation as to what position it may take in respect of any of the matters under the Definition Activities; and

(k) the Department may cease the Definition Activities at any time for any reason.


2.4 Preliminary discussions The Respondent will on a date reasonably notified by the Department in writing to the Respondent meet with the Department at the Department's premises in Canberra unless otherwise agreed to:

(a) provide further information and context with respect to Stage 1: Scenario Testing or Stage 2: Co-design (if the Respondent is invited to participate), including the objectives and outcomes the Department is seeking to achieve; and

(b) address any questions the Respondent may have in relation to the Definition Activities.

2.5 Stage 1: Scenario Based Design and Evaluation Activities The Respondent will complete the Stage 1: Scenario Based Design and Evaluation Activities as outlined in Schedule 1.

2.6 Stage 2: Co-design Activities If the Respondent is invited by the Department to participate in Stage 2: Co-design, the Respondent will complete the Stage 2: Co-design Activities as outlined in Schedule 2.

2.7 Additional Protocols (a) The Respondent acknowledges that the Department may at any time during the Definition

Activities issue additional protocols in relation to one or more of the Activities undertaken.

(b) The Respondent must, and must ensure that all its Personnel, comply with any additional protocols issued by the Department under 2.7(a) for the duration of the Definition Activities until such time as the Department notifies the Respondent that the Definition Activities has ended.

3. Costs

3.1 Responsibility for participation costs Other than the Department Contribution referred to in clause 3.2(a), the Respondent will participate in the Definition Activities at its own cost, including performing all actions associated with the Definition Activities, complying with this Participation Deed and participating in all Activities.

3.2 Department Contribution (a) If the Respondent is invited by the Department to participate in Stage 2: Co-design, the

Department has agreed to make payments to the Respondent up to $1,000,000.00 (GST exclusive) (Department Contribution) for participating in Stage 2: Co-design in consideration of the Activities required to be undertaken as set out in Schedule 2.

(b) [Note to Respondents: The Department anticipates that the Department Contribution will be paid in four equal instalments on specified dates throughout the period of Co-design. A clause drafted to this effect will be inserted in the Participation Deed prior to execution.]

(c) The Respondent acknowledges and agrees, that the Department Contribution is a payment to assist with the Respondent's participation in and technical effort required to undertake Stage 2: Co-design and is not intended to meet the Respondent's actual costs associated with that participation. The Respondent is solely liable for its costs and has no right to claim or be paid any amount or compensation other than the Department Contribution in respect of this Participation Deed.

(d) The Respondent must only submit a claim for payment for the Department Contribution payable under clause 3.2(a) upon completion of the requirements set out in clause 3.2(b).

3.3 Claims for Payment of the Department Contribution (a) When the Respondent submits a claim for payment under clause 3.2 for the Department

Contribution, it will submit an invoice to the Department Representative within 30 days of the claim arising.


(b) On receipt of an invoice for a claim for payment of the Department Contribution under clause 3.2, the Department will within 10 Working Days of that receipt:

(i) approve the claim if:

(A) the claim, in the Department's opinion, complies and is in accordance with this Participation Deed; and

(B) the claim satisfies the requirements of clause 3.3(f); or

(c) reject the claim if:

(i) the claim, in the Department's opinion, does not comply or is not in accordance with this Participation Deed; or

(ii) the claim fails to satisfy the requirements of clause 3.3(f).

(d) Subject to clause 3.3(f), the Department will pay an invoice for a claim approved under clause 3.3(b)(i) within 30 days from the date of receipt of a correctly rendered invoice.

(e) For the purposes of this Participation Deed, all claims for payment, unless specifically described as 'GST inclusive', are exclusive of GST.

(f) Notwithstanding any other provision of this clause 3, if GST is payable on any supply made under or in connection with this Participation Deed (not being a supply the consideration for which is specifically described in this Participation Deed as 'GST inclusive'), the recipient of the supply must pay to the supplier an additional amount equal to the GST payable on the supply provided that the supplier gives the recipient a tax invoice for the supply.

(g) The Respondent must ensure that the claim for the Department Contribution correctly rendered under this Participation Deed is an invoice that:

(i) contains sufficient information to enable the Department acting reasonably, to identify the Activities and circumstances that gave rise to the claim in respect of the Department Contribution;

(ii) is a valid tax invoice for the purposes of the GST Act, if applicable; and

(iii) sets out the amount payable by the Department in respect of GST for the Department Contribution that are taxable supplies.

4. Roles and Responsibilities

4.1 Department Representative (a) The Department Representative is:

Assistant Secretary, Market Partnerships Branch

5 Chan Street

BELCONNEN, ACT 2616

E: [email protected]

(b) The Department will notify the Respondent of any change in the name, title or contact details of the Department Representative and that change will take effect from the date the notice is taken to have been received.

(c) The Department Representative is responsible for administering this Participation Deed on behalf of the Department.

(d) The Department Representative has no authority to waive any provision of, or release the Respondent from, its obligations under this Participation Deed.

4.2 Respondent Representative (a) The Respondent Representative is:

[Insert details]



(b) The Respondent must notify the Department of any change in the name, title or contact details of the Respondent Representative and that change will take effect from the date the notice is taken to have been received.

(c) The Respondent must ensure that the Respondent Representative is appropriately qualified and authorised to participate, discuss, clarify, negotiate and commit the Respondent during the Definition Activities.

(d) The Respondent Representative is responsible for administering this Participation Deed on behalf of the Respondent.

5. Participation Deed Framework

5.1 Commencement of Operation and Expiration of this Participation Deed This Participation Deed commences on the Effective Date and continues in operation until the earlier of the date that:

(a) the Department issues any request for tender or other approach to market in relation to the Services; or

(b) this Participation Deed is terminated by the Department in accordance with clause 16 or 17.

5.2 No Partnership The parties acknowledge and agree that:

(a) nothing in this Participation Deed creates any agency, partnership, fiduciary relationship or trust between the parties; and

(b) nothing in this Participation Deed authorises or permits one party to incur any liabilities or undertake any obligations on behalf of or in the name of the other party.

5.3 No Representation or Reliance The Respondent:

(a) warrants that it has not placed any reliance upon any representation or statement made by the Department or any of the Department's officers, employees, contractors or agents for the purposes of entering into this Participation Deed; and

(b) warrants that it enters into this Participation Deed based on its own investigations, interpretations, deductions, information and determinations and that it has and will be deemed to have satisfied itself as to all matters which affect or may affect its obligations under this Participation Deed.

5.4 Respondent acknowledgements in relation to the Definition Activities The Respondent acknowledges and agrees that:

(a) any issues clarified or negotiated or Activities conducted in accordance with any variation to this Participation Deed are included in the Definition Activities;

(b) the Respondent will cooperate with the Department as required by the Department for the purposes of the Definition Activities or as otherwise required under the terms of the REOI; and

(c) the outcomes of the Definition Activities may be used by the Department to inform and develop any request for tender or future approach to market undertaken by the Department in relation to Visa Services or one or more components of Visa Services.

5.5 Additional Definition Activities (a) The Department may, by notice to the Respondent in accordance with clause 5.5(b),

require the Respondent to participate in any additional Definition Activities activities.


(b) A notice by the Department under clause 5.5(a) may include:

(i) the details of the activities to be performed by the Respondent;

(ii) the timetable for performance of the additional activities; and

(iii) any other matter considered relevant by the Department to the conduct of the additional Definition Activities.

(c) The Respondent must comply with the terms of any notice issued under clause 5.5(a).

5.6 Indemnity The Respondent indemnifies the Department, its officers, employees and agents against liability, loss, damage, costs (on a solicitor and own client basis) and expenses arising out of or as a consequence of a breach of this Participation Deed or other default or unlawful or negligent act or omission on the part of the Respondent, its officers, employees, agents or subcontractors. The Respondent's liability to indemnify the Department will be reduced proportionally to the extent that any unlawful or negligent act or omission on the part of the Department or any person acting through the Department contributed to the liability, loss, damage, costs or expenses.

5.7 Limitation of liability The Department's liability to the Respondent in aggregate on any basis in respect of or relating to this Participation Deed (including for breaches (if any) of the terms of the Participation Deed, negligence or, to the extent permitted by statute, breach of statute) is limited to the Respondent's reasonable substantiated direct costs of participation in the Definition Activities.

6. Intellectual Property

6.1 Pre-existing Respondent Material and Third Party Material – Ownership and licensing (a) Nothing in this Participation Deed affects the ownership of Pre-existing Respondent

Material or Third Party Material.

(b) The Respondent grants to the Department a perpetual, irrevocable, world-wide, royalty free, enterprise wide, non-exclusive licence (including the right to novate or assign the licence and to sublicense) to use, publish, reproduce, adapt, Modify and communicate the Pre-existing Respondent Material and Third Party Material for the purposes of:

(i) evaluation of the EOI and Stage 1: Scenario Based Design and Evaluation, including to decide whether to invite the Respondent to participate in Stage 2: Co-design;

(ii) informing and developing any request for tender or future approach to market undertaken by the Department in relation to Visa Services or one or more components of Visa Services, including for requirement development and procurement planning purposes;

(iii) verifying the currency, consistency, accuracy and adequacy of information provided under any other procurement process conducted by the Department; and

(iv) complying with governmental and parliamentary reporting requirements including requests for information by Parliament or Parliamentary committees.

(c) The Respondent acknowledges that if the Respondent, following the Definition Activities and any request for tender or future approach to market, enters into a Contract with the Department in relation to the Services:

(i) the Respondent will license the relevant Pre-existing Respondent Material and Third Party Material to the Department under, and in accordance with, the resulting Contract. For clarity, this will be a perpetual, irrevocable, world-wide, royalty-free and non-exclusive licence, including the right to novate or assign the licence and the right to sublicense; and

(ii) the Contract may incorporate (at the discretion of the Department) any Deed Material and the Respondent may be required under the Contract to confirm the


accuracy of representations included in the Deed Material and to deliver solutions in accordance with the Deed Material.

(d) In addition to clause 6.1(b), the Department may, without limitation, provide the Deliverables or any part of the Deliverables to any other Commonwealth Entity, and each of the Department and the other Commonwealth Entity may provide the Deliverables or any part of the proposal documents to a third party or its advisors for the purposes of assisting in the conduct of the REOI process or any other procurement processes, including evaluation and selection of any tender, preparation and negotiation of any resultant contract(s) or verifying the currency, consistency, accuracy and adequacy of information provided under any other procurement process conducted by the Department or another Commonwealth Entity.

6.2 Intellectual Property – Deed Material Ownership and Licensing (a) Ownership of all Deed Material vests in the Department on its creation.

(b) To the extent the Respondent needs to use any of the Deed Material for the purpose of performing its obligations under this Participation Deed, the Department grants to the Respondent for the duration of this Participation Deed, subject to any direction by the Department, a royalty-free, non-exclusive, non-transferable licence to use, reproduce, adapt, modify and communicate the Deed Material solely for the purpose of performing this Participation Deed.

(c) The Respondent must not, and must ensure that any third party involved in the creation of Deed Material does not, without the written permission of the Department, provide or disclose the Deed Material to any other person, or use or permit the use of the Deed Material except in the performance of this Participation Deed.

(d) On the expiry or termination of this Participation Deed or on such earlier date as may be specified by the Department, the Respondent must deliver to the Department all material containing Deed Material.

6.3 Intellectual Property – Department Material Ownership and Licensing To the extent that the Respondent needs to use any of the Department Material for the purpose of performing its obligations under this Participation Deed, the Department grants to the Respondent, subject to any direction by the Department, a royalty-free, non-exclusive, non-transferable licence to use, reproduce, adapt, Modify and communicate the Material solely for the purpose of performing its obligations under this Participation Deed.

6.4 Moral Rights The Respondent represents and warrants that the undertaking of the Activities and the use of the Deliverables for purposes permitted by this Participation Deed will not infringe the Moral Rights of the officers, employees or agents of the Respondent or its subcontractors.

6.5 IP Indemnity The Respondent indemnifies the Department, its officers, employees, agents, licensees or sub-licensees against any liability, loss, damage, cost (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), compensation or expense sustained or incurred by the Department which arises out of any action, claim, dispute, suit or proceeding brought by any third party in respect of any:

(a) infringement or alleged infringement of that third party’s Intellectual Property rights including Moral Rights when the infringement or alleged infringement arises out of any activity permitted under any licence, sub-licence or assignment referred to in this clause 6 or otherwise arising from or in connection with this Participation Deed; or

(b) breach or alleged breach of any duty of confidentiality owed to that third party, when the breach is caused by any act or omission on the part of the Respondent or any of its potential subcontractors, officers, employees or agents (whether or not such act or omission constitutes a breach of this Participation Deed).


6.6 Malicious code The Department must use industry best practice to ensure that any Deed Material provided to the Department in digital form is free from malicious code.

7. Insurance (a) Before commencing any activity under this Participation Deed, the Respondent must:

(i) be fully insured or registered with the appropriate statutory authority against liability for death of or injury to persons employed by the Respondent, including liability under statute and common law;

(ii) effect and maintain professional indemnity insurance with a limit of indemnity of not less than $5 million per claim and $10 million in the aggregate for all claims in any 12 month policy period, and including an automatic right of reinstatement, which covers the liability of the Respondent at general law arising from a negligent breach of duty owed in a professional capacity, by reason of any act or omission of the Respondent, its officers, employees, agents or subcontractors. Such insurance must:

(A) have a definition of professional services broad enough to include all professional services, activities and duties to be provided or performed by the Respondent, its officers, employees, agents and subcontractors under this Participation Deed;

(B) extend to cover claims related to software and IT risks;

(C) extend to cover claims for unintentional breaches of intellectual property rights;

(D) extend to cover claims for unintentional breaches of trade practices laws;

(E) extend to cover document recreation costs;

(F) have a retroactive date of no later than the earlier of the commencement of the work under this Participation Deed or any preparatory work by the Respondent, its officers, employees, agents and subcontractors; and

(G) have worldwide territorial and jurisdictional limits; and

(iii) have public liability insurance of not less than $20 million per claim.

(b) The Respondent must maintain the insurance, required under clause 7(a) for 10 years beyond the expiration of termination of this Participation Deed and, on request, must produce satisfactory evidence of the insurance to the Department.

8. Security

8.1 Interpretation In this clause 8 regardless of whether or not the first letter of any word is capitalised, 'asset', 'Australian Government Information Security Manual', 'confidentiality', 'conflict of interest', 'ICT Solution', 'information security', 'need-to-know', 'official information', 'personnel security', 'physical security', 'protective security', 'resources', 'security classified information', 'security breach', 'security clearance' and 'security incident', have the meaning given to them in the PSPF Australian Government protective security policy framework – glossary of security terms.

8.2 Security of the Activities The Respondent must perform the Activities such that the Activities contain arrangements, restrictions and safeguards to ensure that:

(a) access to Department Data is limited only to Personnel of the Respondents who are authorised by the Department to have access to Department Data; and


(b) the Respondent and its Personnel comply with the Department's and the Respondent's policies and procedures relating to security;

(c) Department Data is not stored in, transferred to, or otherwise accessible from, any location other than within Australia;

(d) any person who does not have the appropriate level of security clearance for accessing any particular type or form of Department Data is prevented from gaining access to that Department Data; and

(e) information is logged, recorded and stored relating to the access to the Department Data so as to enable the Department to conduct audits of access to the Department Data and the Respondent's compliance with this clause 8, from time to time.

8.3 Compliance with the PSPF The Respondent must comply with:

(a) the security requirements detailed in the Protective Security Policy Framework and the Protective Security Protocols (personnel security, information security and physical security), including the PSPF Protective Security Governance Guidelines – Security of Outsourced Services and Functions as minimum standards (to the extent applicable to the Activities) and the ISM; and

(b) any additional security requirements notified by the Department from time to time, including any changes to the requirements referred to in clause 8.3(a). Security requirements must be complied with from the date specified in the notice, or if none is specified, within five Business Days of receipt of the notice.

8.4 Security Classified Information In relation to Security Classified Information, the Respondent must:

(a) not permit any of its Personnel to access Security Classified Information unless the individual concerned has a security clearance to the appropriate level and the need-to-know;

(b) prevent access to Security Classified Information by any individual whose security clearance has lapsed or been revoked or who no longer requires access; and

(c) ensure that its Personnel store and handle Security Classified Information and resources in premises and facilities that meet the minimum standards set by the Commonwealth for storage and handling of information and resources, as applicable, of the relevant security classification level.

8.5 Official Information In relation to Official Information, the Department must:

(a) if and when requested by the Department, arrange for it and its Personnel to promptly execute a declaration of interest and deed of non-disclosure, in a form reasonably required by the Department, relating to the use and non-disclosure of Official Information in connection with the Contract;

(b) promptly notify and disclose to the Department any conflict of interest affecting it or its Personnel that may impact on security in the performance of the Department's obligations with respect to Official Information under the Contract;

(c) promptly inform, and keep informed, its Personnel in respect of all of the Department's security requirements and the Department's security obligations under the Contract, including that the obligation to maintain confidentiality of Official Information is ongoing (notwithstanding termination or expiry of this Contract or the Personnel's involvement with the Contract); and

(d) ensure that its Personnel have and use solutions that meet the designated information security standards under the Australian Government Information Security Manual, for the electronic processing, storage, transmission and disposal of Official Information.


8.6 Security clearances [Note to Respondents: If invited by the Department to participate in Co-design, Respondent Personnel participating in Co-design will be required to hold security clearances. Respondents will be required to bear the costs of obtaining any security clearances for Stage 2: Co-design. The Department will provide Short Listed Respondents with the required security packs and information during the Scenario Based Design and Evaluation Phase. Respondents should note the timeframe for obtaining security clearances and the requirements that individuals holding security clearances must be Australian citizens.]

If invited by the Department to participate in Stage 2: Co-design each of the Respondent Personnel must hold and maintain an Australian Government baseline security clearance, and:

(a) the Department will facilitate the obtaining of security clearances; and

(b) the cost of security clearances will be borne by the Respondent.

8.7 Security breaches The Respondent acknowledges that if any Respondent Personnel loses their security clearance or causes a security breach, then the Department may:

(a) after consultation with the Department, require the replacement of that person; or

(b) immediately terminate this Participation Deed for cause under clause 17.

8.8 Notifications of breach The Department must proactively monitor compliance with its obligations under this clause 8, and if it becomes aware of any breach or potential breach of those obligations, then it must give the Department immediate notice of that breach or potential breach, and will:

(a) immediately comply with all directions of the Department in order to address the incident or breach, and ensure it does not occur again;

(b) provide all information requested by the Department in relation to the breach of this clause 8;

(c) take all action necessary to:

(i) eliminate or minimise the impact of such breach or potential breach (including all steps necessary to prevent fraud through the misuse of Department Data); and

(ii) prevent any repeat of such breach in the future;

(d) if the breach causes a loss of Department Data, take all steps necessary to mitigate the losses and restore the Department Data;

(e) retain evidence and logs regarding the incident to help in determining cause, damage and likely source; and

(f) ensure that the Respondent has sufficient resources and technology available to meet its obligations under this clause 8.

8.9 Equipment Where the Respondent uses its own equipment on the Department's premises during the Definition Activities, it must ensure that the equipment does not interfere with the security or operations of the Department's ICT systems.

8.10 Compliance with Department policies The Respondent must take all reasonable steps to ensure that its Personnel involved in the Definition Activities comply with any Department policies governing:

(a) the behaviour of Department employees;

(b) IT and physical security;

(c) access, use or security of the Department's premises;


(d) the use or security of the Department's IT equipment or systems; and

(e) the use or handling of Department Material,

as if those Personnel were Department employees, but only the extent that any such policies have been provided to the Respondent.

9. Work health and safety

9.1 Definitions In this clause 9, Inspector, Notifiable Incident, Regulator and WHS Entry Permit Holder have the meanings given in the WHS Act.

9.2 Inconsistency with WHS Laws If there is any inconsistency between this clause 9 and the WHS Laws, the WHS Laws prevail to the extent of the inconsistency.

9.3 General obligations The Respondent must:

(a) ensure the Activities are performed in a safe manner;

(b) not by act or omission place the Department in breach of its obligations under the WHS Laws;

(c) if using or accessing the Department's premises or facilities, comply with all reasonable instructions, directions, policies and procedures relating to work health and safety in operation at those premises or facilities whether specifically drawn to the attention of the Respondent or as might reasonably be inferred from the circumstances;

(d) where the health and safety of any person may be affected by the performance of the Activities, consult, cooperate and coordinate with the Department in relation to the health and safety issue;

(e) inform itself, and ensure that Respondent Personnel inform themselves, of the Respondent's work health and safety policies and procedures relevant to the Activities;

(f) in relation to Activities performed by Covered Workers:

(i) comply with the WHS Laws;

(ii) comply with all relevant work health and safety policies and procedures of the Respondent whether specifically drawn to the attention of the Respondent or as might reasonably be inferred from the circumstances; and

(iii) immediately comply with any reasonable instruction from the Department regarding work health and safety.

9.4 Notifying the Department The Respondent must:

(a) immediately notify the Department of any:

(i) breach or suspected breach of the WHS Laws in relation to Activities performed by Covered Workers;

(ii) cessation of the Activities, or direction to cease the Activities from any person having authority under the WHS Laws to do so, due to unsafe work;

(iii) entry by a WHS Entry Permit Holder or Inspector to any place where the Activities are being performed by Covered Workers; or

(iv) proceedings against, decision by the Regulator in relation to, or request from the Regulator to, the Respondent or Respondent Personnel under the WHS Laws;


(b) as soon as possible and in any event within 24 hours after receipt, provide to the Respondent a copy of any notice issued to the Respondent under the WHS Laws in relation to Activities performed by Covered Workers;

(c) if it is required by the WHS Laws to report a Notifiable Incident to the Regulator in relation to Activities performed by Covered Workers, then as soon as is practicable in the circumstances:

(i) notify the Department of the Notifiable Incident and, if requested by the Department, provide a copy of any written notice given to the Regulator; and

(ii) if requested by the Department, provide within the timeframe specified by the Department a report on the Notifiable Incident, the results of any investigations into its cause, and any recommendations for prevention in the future; and

(d) as soon as practicable notify the Department of any concern the Respondent has regarding work health and safety in relation to Activities performed by Covered Workers.

9.5 Relationship to other obligations The Respondent acknowledges that it is responsible for:

(a) complying with its obligations under WHS Laws;

(b) performing the Services in accordance with this Participation Deed;

and will not be relieved of that responsibility because of:

(c) anything in this clause 9 or in any policy or procedure referred to in this clause 9;

(d) any instruction or direction or failure to give an instruction or direction under this clause 9;

(e) any exercise of, or failure to exercise, the Department's rights under this clause 9; or

(f) any notice or other document or communication from the Respondent under this clause 9.

9.6 Covered Workers To the extent permitted by Law, the Department is not liable to the Department for any Loss in connection with work health and safety in relation to Covered Workers performing Activities.

9.7 Non-compliance If, during the performance of any work under this Participation Deed, the Department notifies the Respondent that the Department is satisfied that the Respondent is:

(a) not performing the work in compliance with the Respondent's work health and safety plan, work health and safety management procedures, relevant legislation or work health and safety procedures provided by the Department from time to time; or

(b) performing the work in a way that endangers the health and safety of the Respondent,

then the Respondent must promptly remedy that breach of health and safety.

9.8 Suspension The Department may direct the Respondent to suspend work under this Participation Deed, including performance of the Activities, until the Respondent satisfies the Respondent that the work will be resumed in conformity with applicable work health and safety provisions. During periods of suspension, the Department will not be required to make any payment whatsoever to the Respondent.

9.9 Termination The Department may, at its option, immediately terminate this Participation Deed or reduce the scope of this Participation Deed, without further obligation to the Respondent If:

(a) the Respondent fails to rectify any breach of health and safety for which the work has been suspended within a reasonable period but no later than 10 Business Days after receiving notification from the Department to do so; or

(b) the Respondent's performance has involved recurring breaches of health and safety.


10. Key Personnel (a) The Respondent acknowledges that the Definition Activities will be held in the Australian

Capital Territory from approximately December 2018 and is expected to continue for:

(i) in relation to Stage 1: Scenario Based Design and Evaluation, a period of approximately two months; and

(ii) in relation to Stage 2: Co-design, if invited by the Department to participate, a period of approximately five months.

(b) The Respondent must provide written notice to the Department Representative of its proposed Key Personnel for the Definition Activities, including at the commencement of Stage 1: Scenario Based Design and Evaluation and, if invited by the Department to participate, at the commencement of Stage 2: Co-design. The Department will provide notice to the Respondent of its approval or rejection of any proposed Key Personnel within 7 Business Days of receiving the notice from the Respondent.

(c) The Respondent must make its Key Personnel:

(i) regularly available on Business Days for the duration of Stage 1: Scenario Based Design and Evaluation; and

(ii) if invited by the Department to participate, consistently available on a full-time basis on Business Days for the duration of Stage 2: Co-design.

(d) The Respondent acknowledges that only Key Personnel may attend the Department's nominated premises to participate in the Definition Activities. Other Personnel may be able to participate in the Definition Activities by teleconference or videoconference by accessing the Department's system subject to negotiation with the Department.

(e) At the Department's request, the Respondent must ensure that all Key Personnel give consent and provide information reasonably required by the Department to enable the Department to conduct such background, probity, immigration and security checks it considers appropriate.

(f) If the Department is not satisfied with the results of a background or security check on a Key Personnel, the Department may by notice to the Respondent (without providing reasons) remove that person as a Key Personnel.

(g) The Department may, at any time during the Definition Activities and by notice to the Respondent, remove any individual as a Key Personnel in any of the following circumstances, without providing reasons:

(i) the individual acts in a manner inconsistent with the Respondent's confidentiality obligations in clause 13.3;

(ii) the individual fails to comply with any undertaking or confidentiality deed poll entered into by the individual for the benefit of the Department or the Commonwealth;

(iii) the individual acts in a manner inconsistent with any reasonable direction or notification from the Department to the individual or the Respondent regarding information, physical security, probity or confidentiality; or

(iv) the individual fails to comply with any applicable laws or policies of the Commonwealth, or any applicable policies of the Department which they have been informed.

(h) The Respondent may, by notice to the Department, remove an individual as a Key Personnel if they are no longer available for the Definition Activities. The Respondent may propose a replacement individual as a Key Personnel, which will be subject to the Department's approval in accordance with clause 10(b).


11. Department Equipment (a) The Department may provide some of the Respondent's Personnel with the Department's

computers, security devices and other equipment (Department Equipment) for use in connection with the Definition Activities.

(b) All Department Equipment remains the property of the Department and the Respondent must return all Department Equipment to the Department at its own cost, at the end of the Definition Activities or an earlier time as notified by the Department to the Respondent.

(c) The Respondent must use the Department Equipment solely for the purpose of participating in the Definition Activities.

(d) The Respondent must keep the Department Equipment safe and secure and indemnifies the Department for all losses if the Department Equipment is stolen, lost, damaged or destroyed.

(e) The Respondent must notify the Department as soon as practicable if any Department Equipment is stolen, lost, damaged or destroyed.

12. Privacy (a) If the Respondent is provided with Personal Information under this Participated Deed, the

Respondent must not do anything, and must ensure that none of its Personnel do anything that, if done by the Department would be contrary to the Australian Privacy Principles or that would cause the Department to otherwise breach the Privacy Act 1988 (Cth).

(b) The Respondent must not store, transmit or access any data containing Personal Information provided under this Participation Deed outside Australia, and must ensure that no Personnel store, transmit or access that Personal Information outside Australia.

13. Deed Management

13.1 Notices (a) A notice, demand, consent, approval or communication under this Participation Deed

(Notice) must be in writing, in English and signed by a person duly authorised by the sender. A Notice or other communication is properly given or served by a party if that party:

(i) delivers it by hand;

(ii) posts it;

(iii) delivers it by facsimile;

(iv) transmits it by electronic mail; or

(v) transmits it by any other electronic means,

to the recipient's address for Notices specified below:

Assistant Secretary, Market Partnerships Branch

5 Chan Street

BELCONNEN, ACT 2616

E: [email protected]

except that a notice under clause 16 or 17 must not be delivered by email.

(b) A Notice given in accordance with clause 13.1(a) takes effect when taken to be received (or at a later time specified in it), and is taken to be received:



(i) if delivered by hand, when the party who sent the Notice holds a receipt for it, signed by a person employed by the intended recipient at the physical address for receipt of Notices;

(ii) if sent by post from and to an address within Australia and correctly addressed, after three Business Days;

(iii) if sent by post from or to an address outside Australia and correctly addressed, after 10 Business Days;

(iv) if sent by facsimile, at the time which the facsimile machine to which it has been sent records that the communication has been transmitted satisfactorily (or, if the time is outside Business Hours, at the time of resumption of Business Hours);

(v) if sent by electronic mail, only in the event that the other party acknowledges receipt by any means in person, by phone or by a message which has been generated by the intended recipient and not purely by a machine; or

(vi) if sent by any other electronic means, only in the event that the other party acknowledges receipt in person, by phone or by message which has been generated by the intended recipient and not purely by a machine, or by other means agreed in writing by the parties,

and if the delivery, receipt or transmission of the Notice is not on a Business Day or is after 5.00pm on a Business Day, at 9.00am on the next Business Day.

13.2 Change to this Participation Deed This Participation Deed will not be varied by the parties except by written deed of variation executed by both parties.

13.3 Confidential Information (a) Subject to clause 13.3(b), a party must not, without the prior written consent of the other

party, disclose any Confidential Information of the other party to a third party.

(b) The obligations on the parties under this clause 13.3 will not be taken to have been breached to the extent that Confidential Information:

(i) subject to clause 13.3(d), is disclosed by a party to its Personnel solely in order to comply with obligations, or to exercise rights, under this Participation Deed;

(ii) subject to clause 13.3(d), is disclosed to a party's internal management Personnel, solely to enable effective management or auditing of Participation Deed related activities;

(iii) is disclosed by the Department to the responsible Minister;

(iv) is disclosed by the Department, in response to a request by a House or a Committee of the Parliament of the Commonwealth;

(v) is shared by the Department within the Department, or with another Commonwealth Entity, where this serves the Commonwealth's legitimate interests;

(vi) is authorised or required by Law, including under this Participation Deed, under a licence or otherwise, to be disclosed; or

(vii) is in the public domain otherwise than due to a breach of this clause 13.3.

(c) If a party wishes to disclose Confidential Information to a third party, other than a legal adviser or for a purpose within an exception listed in clause 13.3(b), the party wishing to make the disclosure will obtain the written consent of the other party to this Participation Deed.

(d) Unless otherwise permitted by the Department, before the commencement of the Definition Activities, the Respondent must ensure that all Personnel that may need to have access to Department Confidential Information execute and provide to the Department a deed that is substantially in the form of Schedule 3.


(e) Unless otherwise permitted by the Department, the Respondent must ensure that only Personnel who have executed and provided to the Department a deed in substantially the form of Schedule 3 are given access to Department Confidential Information.

13.4 Assignment and Novation The Respondent must not, without the written consent of the Department, assign in whole or in part, its rights under this Participation Deed.

13.5 Negation of Employment and Agency (a) The Respondent must not represent itself, and must ensure its officers, employees,

agents and subcontractors do not represent themselves, as being employees, partners or agents of the Department.

(b) The Respondent and the Respondent Personnel must not by virtue of this Participation Deed be, or for any purpose be deemed to be, an employee, partner or agent of the Department.

13.6 Respondent Access (a) The Department may at its discretion, during the period of this Participation Deed, provide

reasonable access to any Department site for persons approved under this clause 13.6 as is required to complete the activities set out under this Participation Deed.

(b) The Department Representative may grant such person or persons access to the Department site, place, area or facility, or may refuse to grant such access at his or her discretion. If access to any person specified by the Respondent is refused, the Respondent may request access for any other replacement person necessary for the performance of this Participation Deed.

(c) The Department Representative may by notice to the Respondent withdraw access rights to any Department place, area or facility at any time for any period.

(d) The Respondent must comply with, and require persons given access under this clause 13.6 to comply with, any relevant Department safety and security requirements, all policies, procedures, rules of conduct, instructions or codes of behaviour for the Department site, place, area or facility.

14. Policy and Law

14.1 Applicable Law The laws of the Australian Capital Territory applies to this Participation Deed. The courts of that Territory will have non-exclusive jurisdiction to decide any matter arising out of this Participation Deed.

14.2 Compliance With Laws The Respondent must, in the performance of this Participation Deed, comply with and ensure its personnel, officers and contractors comply with the laws from time to time in force in the State, Territory, or other jurisdictions in which any part of this Participation Deed is to be carried out.

14.3 Severability If any part of this Participation Deed is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of this Participation Deed will not be affected and will be read as if that part had been severed.

14.4 Waiver Failure by a party to enforce a condition of this Participation Deed will not be construed as in any way affecting the enforceability of that condition or this Participation Deed as a whole.


15. Disputes (a) A party will not commence court proceedings relating to any dispute arising from this

Participation Deed except when that party seeks urgent relief from a court or when dispute resolution has failed under clause 15(b). If a party fails to comply with clause 15(b), the other party is not required to undertake dispute resolution for the dispute in accordance with clause 15(b).

(b) The parties will negotiate in good faith to settle a dispute arising between them and, if the dispute cannot be settled by negotiation (including negotiation between senior management of the parties) within 30 days of the dispute being notified to the senior management, the parties may agree to use an alternative dispute resolution process to attempt to resolve the dispute.

(c) The Respondent must at all times during the dispute continue to fulfil its obligations under this Participation Deed.

16. Termination without Default (a) This Participation Deed may be terminated by the Department at any time, for any reason,

with immediate effect by giving notice to the Respondent.

(b) The Department will have no liability to the Respondent whatsoever in respect of a termination pursuant to clause 16(a), except for payments which are due and payable in accordance with clause 3 as at the effective date of termination.

17. Termination for Default The Department may, in addition to any other right or remedy it may have, by notice in writing to the Respondent, immediately terminate this Participation Deed in the event that the Respondent: (a) becomes bankrupt or insolvent, becomes subject to any form of administration or assigns

its rights otherwise than in accordance with this Participation Deed;

(b) its participation in the REOI process is otherwise terminated or ceases;

(c) breaches any of clause 6 or clause 7 of this Participation Deed; or

(d) fails to take action to remedy a default by the Respondent of another obligation to be performed or observed under this Participation Deed within 14 days of being given notice in writing by the Department to do so or, when action is taken within 14 days, the Respondent fails to remedy the default within the period specified in the notice,

and if the termination is effected pursuant to this clause the Department will have no liability to the Respondent whatsoever, except for payments which are due and payable in accordance with clause 3 as at the effective date of termination.

18. Survivorship Any provisions of this Participation Deed which expressly or by implication from its nature is intended to survive the termination or expiration of this Participation Deed and any rights arising on termination or expiration will survive, including rights in respect of Confidential Information, Intellectual Property and the right of the Department to recover money, and any warranties, licences, limitation on liability or indemnities under this Participation Deed.


Schedule 1 – Stage 1: Scenario Based Design and Evaluation Activities [Note to Respondents: The below lists activities which may be undertaken during Stage 1: Scenario Based Design and Evaluation. The below reflects the current activities anticipated to be undertaken as part of Stage 1: Scenario Based Design and Evaluation. The Department reserves the right to include additional Activities in this Schedule prior to execution a Participation Deed with any Respondent(s).

Additional or other activities may be undertaken depending on the progress and outcome of various activities under Stage 1: Scenario Based Design and Evaluation.]

Stage 1: Scenario Based Design and Evaluation may include the following activities:

(a) detailed discussions;

(b) considering and responding to scenarios in relation to the Services, including business, technical and commercial requirements;

(c) attending workshops with the Department to discuss and present responses in relation to the scenarios;

(d) providing written responses to the Department in relation to the scenarios, if requested by the Department;

(e) other activities as notified by the Department to the Respondent.


Schedule 2 – Stage 2: Co-design Activities [Note to Respondents: The below lists activities which may be undertaken during Stage 2: Co-design. The below reflects the current activities anticipated to be undertaken as part of Stage 2:C-design. The Department reserves the right to include additional Activities in this Schedule prior to execution a Participation Deed with any Respondent(s).

Additional or other activities may be undertaken depending on the progress and outcome of various activities under Stage 2: Co-design.]

Stage 2: Co-design may include the following activities:

(a) detailed discussions;

(b) working collaboratively with the Department to co-design and prototype end-to-end visa processing journeys;

(c) preparing and providing demonstrations and presentations in relation to the co-design, porotype and solutions;

(d) working collaboratively with the Department to refine and develop requirements for any request for tender or future approach to market;

(e) other activities as notified by the Department to the Respondent.


Schedule 3 – Deed of Confidentiality and Privacy Date

Parties

Name [insert Respondent name] ABN [insert Respondent ABN] Short form name Respondent

Name [insert name] Short form name Confidant, I, me and my

Background 1. [insert name and ABN] (Respondent) submitted an Expression of Interest (EOI) in response to the

Request for Expression of Interest for Delivering Visa Services for Australia – Global Digital Platform DIBP REOI 22/17-B1 (REOI) issued by the Department of Immigration and Border Protection (Department) on [insert date].

2. The Department has invited the Respondent to participate in the Definition Activities as part of the REOI process and the parties executed a participation deed in relation to the process (Participation Deed).

3. The Confidant provides the undertakings set out below in respect of work to be performed, and information to be acquired, directly or indirectly in connection with the Definition Activities and the REOI process.

Agreed terms

1. Definitions Confidential Information means information (whether or not owned by the Department) that:

(a) is by its nature confidential;

(b) is designated by the Department as confidential;

(c) the Confidant knows or ought to know is confidential; or

(d) is comprised in or relates to Department Material,

but does not include information which:

(e) is or becomes public knowledge other than by breach of the conditions of the REOI, the Participation Deed or this deed;

(f) is in the possession of the Confidant without restriction in relation to disclosure before the date of receipt from the Department; or

(g) has been independently developed or acquired by the receiving party.

Definition Activities has the meaning given in the Participation Deed.


Department Material means any material provided by the Department to the Respondent or the Confidant as part of the REOI process or for the purposes of participating in the Definition Activities or which is copied or derived from material so provided, including Documents, equipment, information and data stored by any means.

Documents include:

(a) any paper or other materials on which there are writing, marks, figures, symbols or perforations having meaning for persons qualified to interpret them; and

(b) any article or material from which sound, images or writings are capable of being reproduced with or without the aid of any other article or device.

Personal Information has the meaning it has in section 6 of the Privacy Act 1988 (Cth).

2. Access I understand that in the course of participating in the Definition Activities, I may have access to Personal Information and Confidential Information.

3. Non-disclosure (a) I will treat as secret and confidential all Personal Information and Confidential Information

to which I have access or which is disclosed to me.

(b) If the Department grants its consent for me to disclose Personal Information or Confidential Information, it may impose conditions on that consent. In particular, the Department may require that I obtain the execution of a deed in these terms by the person to whom I propose to disclose the Personal Information or Confidential Information.

(c) My obligations under this deed will not be taken to have been breached where I am required by law to disclose the Personal Information or Confidential Information.

4. Restriction on use (a) I will use the Personal Information or Confidential Information only for the purpose of my

dealings participating in the Definition Activities and the REOI process.

(b) I will not copy or reproduce the Personal Information or Confidential Information without the approval of the Department, will not allow any other person outside the Department access to the Personal Information or Confidential Information and will take all necessary precautions to prevent unauthorised access to or copying of the Personal Information or Confidential Information in my control.

5. Powers of the Department (a) Immediately on request by the Department, I must deliver to the Department all

documents in my possession or control containing Personal Information or Confidential Information.

(b) If at the time of a request I am aware that documents containing Personal Information or Confidential Information are beyond my possession or control, then I must provide full details of where the documents containing the Personal Information or Confidential Information are, and the identity of the person who has control of them.

6. Privacy Act obligations I agree to abide by the provisions of the Privacy Act 1988 (Cth), including the Australian privacy principles set out in that Act, in respect of both Personal Information and Confidential Information, whether or not I am legally bound to comply with that Act and as if the definition of personal information in that Act includes Confidential Information.


7. Crimes Act 1914 (Cth) Without limiting the Department's rights under or in connection with this deed, or otherwise under statute, at law or in equity, I acknowledge that a breach of this deed may constitute a breach of section 70 of the Crimes Act 1914 (Cth) which carries a penalty of up to two years imprisonment.

8. Survival This deed will survive the expiry or termination of any contract between the Respondent and me providing for the performance of services or the provision of goods by me (whether directly or indirectly).

9. Applicable law This deed will be governed by, and construed in all respects in accordance with, the law of the Australian Capital Territory and I agree to submit to the applicable jurisdiction of the courts of the Australian Capital Territory in respect of all matters arising under, or in relation to, this deed.

EXECUTED as a deed.

Signed, sealed and delivered by [Name of signatory] in the presence of

←

←

Signature of witness [name of signatory]

Name of witness (print)

Date


Signing page EXECUTED as a deed.

Signed, sealed and delivered for and on behalf of the Commonwealth of Australia as represented by the Department of Immigration and Border Protection by its duly authorised delegate in the presence of

Signature of witness Signature of delegate

Name of witness (print) Name of delegate (print)

Executed by [Name of company] in accordance with Section 127 of the Corporations Act 2001




Signed sealed and delivered by #Name of signatory# as attorney for [company name] under power of attorney dated [date of power of attorney] [registered number [registered number] book number [book number]] in the presence of

Signature of witness Signature of #name of signatory#

Name of witness (print)

Attachment D: Overview of the Current State Table of ContentsTable of Contents 1 Current State of the Visa Business 1 Overview of the current visa process 3 Current visa criteria and assessments 6 Current state visa and citizenship application processing 8 Case Studies – Current State 11

Current State of the Visa Business As part of the visa and citizenship business, the Department manages:

• Client services – The Department manages the engagement of applicants, migration agents and sponsors to deliver informational services about Visa and or citizenship enquires. The Department engages in communications while the person’s Visa Application is assessed, at the time a decision is made, and while the person holds a Visa. Before applying for a Visa, the applicant may undertake online research, make an enquiry with the Department or Visa Application Centre, or seek the services of a migration agent.

• Data collection and verification - The Department manages the collection and verification of data of the end-to-end visa application service. Applications and supporting documentation can be lodged either online or by paper through the Department or a third party, depending on the type of Visa Application. The Visa Application often requires the payment of a tax called the Visa Application Charge and applicants may also be required to provide biometrics. Information in an application is often verified by checking against other data sources or through a follow-up phone call, interview or site visit. All interactions with an applicant, sponsor or migration agent are recorded in the system and time stamped.

• Sponsorship and nomination assessment – Some Visa Applications require an approved sponsor and/or an approved nomination. This sponsorship (for example by an employer or partner) must be assessed against defined criteria, in addition to the assessment of the Visa Application. The Visa Application and sponsorship/nomination determination must be linked in the system.

• Visa assessment - processing Visa Applications requires assessment of the application against a range of criteria specific to the Visa. This can include assessing application validity, genuineness, health, security, character, identity, relationship to Australian citizens or permanent residents, skills, education, employment and sponsorship. Some of these assessments assist the Department in managing risks such as national security and immigration fraud. Any interactions with the applicant, sponsor or migration agent, are recorded in Departmental systems.

Attachment D: Overview of the Current State | 2

• Visa decision making - the visa decision maker makes a Decision as to whether or not they are satisfied that the applicant meets the criteria for the grant of a Visa and records their Decision. The Decision is communicated to the applicant, or their authorised recipient, in line with legal requirements. In some cases, the Visa Applicant seeks review of the Decision and the Department transfers the required information about the case to a review body, such as the Administrative Appeals Tribunal.

• Visa holder compliance – compliance activities are designed to ensure that Visa holders and sponsors abide by the conditions and obligations associated with the Visa. This includes, for example, ensuring that Visa holders either depart Australia or apply for another Visa before their current Visa expires, ensuring that only those with work rights are employed in Australia, and ensuring that sponsors maintain proper working conditions.

There are also a range of other activities the Department undertakes, for example, verification of Visa status and citizenship at the border.

Background to ICT

The Department has developed its current suite of ICT systems for the visa business over almost 30 years. They reflect the complexity of the visa framework with dozens of systems and sources of data regularly used in visa processing.

• Currently, the two core Visa processing platforms are:

o the Immigration Records Information System (IRIS) that was deployed in 1989 as Department’s overseas visa processing system, and is still primarily used for the processing of paper visa applications lodged overseas; and

o the Immigration and Citizenship Unified Environment (ICUE) which is gradually replacing IRIS. This platform encompasses a number of technologies and systems and supports online lodgement of applications through the Department’s online system ImmiAccount.

Both platforms are supported by other Departmental enterprise capabilities such as risk, identity, biometric, financial, and record keeping systems in order to support the end-to-end process of lodging and assessing a Visa Application or citizenship application.


Overview of the current visa process

Simple view of visa service delivery and visa applicant journey

Figure 1: Simple view of the visa service delivery and visa applicant journey

Inform

Australia’s Visa and citizenship business delivers services for non-citizens (applicants) to enquire about, apply for, and have a decision made on their application for one of Australia’s Visas to enter and/or remain in Australia. The Department also provides citizenship services.

People intending to come to Australia, either as a temporary entrant or to live in Australia permanently, usually undertake research to understand what they must do to enable them to enter and stay in the country. The prospective traveller has a number of options available to find out these requirements. These include:

• accessing the Department’s web site;

• accessing web sites maintained by Service Delivery Partners (SDP) or other third party agents;

• using the services of a migration agent;

• using the services of a SDP;

• telephoning on of the Department’s service centres; and

• calling into one of the Department’s offices.

One or more of these channels may be used by the prospective traveller to obtain the information they require.

As with most countries, Australia requires most visa applicants to pay a tax to apply for and receive a decision on a visa. This is in the form of a VAC, which varies dependent on the Visa and the location of the Visa Applicant. The VAC is separate to other fees and charges and must be treated as such when collected on behalf of the Department and Government by service providers.


Visa and citizenship services are currently digitised to varying degrees, and rely on many paper based and manual processes. The Department’s client enquiry service centres receive a large volume of enquiries each year, which is increasing with the rate of Visa Applications.

The intention is for Visa service delivery to function differently in the future. The Department is working towards streamlining Visa subclasses, reducing complexity and red tape, standardising Visa Criteria, and collaborating with the market to increase the rate of processing automation. The current process is as follows.

Apply

The Department receives applications through either the online channel or on paper. The type of Visa the person applies for will determine, to some degree, whether the Client completes the application online or a paper form. Some of the Visa products provide the option for either completion online or use of a paper form.

Most of the online Visa and citizenship forms available for completion have been developed by the Department and are only accessible from the Department’s website. The exception to this is the online application process for the Electronic Travel Authority (ETA) product, which has been developed and hosted by a contracted third party organisation. The ETA can be completed online by the client or it can be completed by a travel agent or an airline booking agent, as part of the process of booking the Client’s travel.

Clients accessing the Department’s website to complete and lodge an application online are required to create an online account. From the online account the Client is able to complete and lodge an application, pay required fees, upload supporting documentation, obtain the status of their application, view correspondence and access other functions once their application has been processed.

Validation is undertaken while the Client is completing their application through the online channel. During this process the system will automatically (and the online form will dynamically adjust) determine whether the applicant is:

• eligible to apply;

• required to undergo a medical assessment;

• required to provide biometrics; and

• required to provide additional information.

As part of the application process, the Client may be required to provide supporting documentation. In the case of paper applications the necessary documents are simply copied (and certified where required) and attached to the application. In the case of online applications, the supporting documents can be scanned and uploaded electronically and associated with the application.

When completing and submitting their application online the Client has a number of options in which to make the required payment electronically. These include credit card and PayPal.

Clients wishing to submit a paper application are able to complete the form themselves or utilise the services of a migration agent or a SDP. Paper applications received directly by the Department require the processing officer to enter the relevant information into the Department’s application processing system. The required payment is then processed manually.

In some locations the SDP will, receive the payment, create an electronic flat file of all the applications they received that day. This flat file, along with the paper applications and any supporting material is then provided to the Department. The Department is able to use this flat file to load the basic application data directly into the application processing system.


In some cases the SDP will directly access the online channel to complete and lodge applications.

Generally cases are checked for completeness (often by SDPs), assessed against the validity criteria by administrative staff (which are usually objective criteria) and allocated to the appropriate team within the Department and then to an individual visa processing officer for assessment.

Assess

Applications are assessed against the validity criteria and time of decision criteria. These criteria are discussed in more detail below.

A small number of low-risk Visa products, for which the Client has completed and lodged their application online, are able to be automatically assessed and processed by the application processing system.

Current processing relies heavily on manual processing. There is a range of high-volume, low complexity work involved in progressing valid Visa Applications to a Decision. For example, information from paper application forms is manually entered into systems.

Depending on the circumstances and the complexity of the Visa assessment, before a visa decision is taken the visa processing officer may need to request further information from the Visa Applicant and issue requests for the applicant to fulfil certain criteria, such as undertaking health and character checks. The Visa processing officer may also provide the applicant with the opportunity to respond to certain types of adverse information that could result in the refusal of the Visa Application. Failure to do so may result in the decision being overturned at review.

Generally, staff make assessments with assistance from information contained in Departmental systems. For high-volume Visa classes, such as Visitor Visas, the resources involved in making all these assessments for millions of applications are substantial, despite the criteria being comparatively simple. More complex, longer-term or migration Visas are lower-volume, but require more detailed assessment.

There are also criteria that require specialist knowledge, for example, applicants are often required to attend medical professionals to be assessed against the health criteria of some visas, or provide a police clearance. Visa processing officers may be required to refer applications to experts for advice on issues such as document verification.

Communication with applicants is undertaken in accordance with detailed legal requirements. The Visa Decision may also be the subject of external review and the relevant materials relating to the application need to be properly available to support that process.

Once the required information has been collected and recorded, the Visa processing officer determines whether the criteria for grant of the Visa have been met. The criteria for grant of the Visa varies between Visa classes.

For non-automated applications, processing officers assess Visa and citizenship applications against the relevant criteria for grant. During the assessment process, the officer may require the applicant to provide additional information within specified timeframes. This backwards and forwards can be a time consuming process.

The processing officer makes a Decision (Grant or refuse) in relation to the application. This outcome will be provided to the applicant and if used, to their agent.

Notify

All Visa and citizenship applicants receive notification of the outcome of their application in accordance with legal requirements. This notification is usually provided by email or mail.


Applicants granted citizenship are generally required to attend a swearing ceremony at which they are required to verify their identity. These are organised by a range of organisations, such as local councils or as part of a major event such as an Australia Day ceremony. Invitations containing all the relevant details regarding the ceremony will be provided to the Client. Coordinators (such as local councils) will confirm who attended the ceremonies and undertook the swearing in ceremony to the Department.

Post decision

If the application is refused, the applicant may pursue merits and/or judicial review of the Decision and the Department must provide certain documents to the review body.

Following the Grant of the Visa the client will be able to access the online system (VEVO) to check the conditions associated with their current Visa.

Third party organisations (such as educational providers or employers) and other government agencies (such as Department of Human Services) will be able to check certain conditions associated with a Client’s current Visa.

Visa holder compliance

Compliance activities are designed to ensure that Visa holders and sponsors abide by the conditions and obligations associated with the Visa. This includes, for example, ensuring that Visa holders either depart Australia or apply for another Visa before their current Visa expires, ensuring that only those with work rights are employed in Australia, and ensuring that sponsors maintain proper working conditions.

Current visa criteria and assessments

Current criteria

The Australian Government determines the criteria, which may be in legislation, regulations or policy, for the determination of validity, Grant and refusal of Visa Applications. The information provided by the Visa Applicant, sponsor, nominator, and/or third parties must be assessed against the Visa Criteria to determine whether they are met.

There are specific criteria for each category of Visa and these criteria are established by the Australian Government to meet Australia's national interests and other needs.

The policies and legislation governing migrant selection are applied equally to all applicants.

Some assessments required in visa processing are ‘objective’, for example, certain visas have eligibility criteria such as a minimum age, which an applicant either meets or does not meet. Other, ‘subjective’ criteria can require substantially more judgement to determine, for example, whether an applicant genuinely intends to travel to Australia for the purpose they have stated in their application.

Currently, each Visa subclass has its own criteria for application validity and Grant of a Visa. By meeting these criteria, Visa Applicants are able to demonstrate the genuineness of their intention and capabilities to travel or migrate to Australia for the purpose associated with the Visa, such as for work, family, tourism or study.

There is also a range of criteria common across many Visa subclasses. These are administered through the use of ‘Public Interest Criteria’, such as health, character, security and values criteria. ‘Public Interest Criteria’ ensure that prior to grant of a Visa, key aspects of public policy and risk mitigation are considered. A link to the ‘Public Interest Criteria’ is available in Attachment E to this REOI.


Criteria for the Grant of Temporary Visas include core criteria relating to the Visa Applicant’s health, character, identity, security, values and genuineness.

People who might be excluded from entry on character grounds, for example, include criminals or associates of criminal organisations, war criminals and any person likely to vilify a segment of the community.

Other time of decision criteria also apply to implement the specific requirements of each Visa type. For example, some Visas may require a person to have specific educational or employment qualifications. Some of the assessments that are conducted to determine whether Visa Criteria are met include, but are not limited to, assessments of:

• health insurance;

• enrolment in an educational institution;

• professional/academic qualifications;

• employment skills/experience;

• adequate means of support;

• immigration history;

• sponsorship/nomination;

• debt to the Commonwealth;

• code of behaviour;

• family composition and other relationships;

• genuine intention to visit Australia for a purpose commensurate with the visa type;

• national interest;

• fraud; and

• the best interests of the child.

NB: Assessment of health and security criteria are not included in the Services.

An example of the guidance currently provided to visa decision makers is provided in the Data Room.

A determination of whether the criteria are met may require collection of information, verification of information, document verification, or referral for specialist assessment.

In some circumstances, especially for more complex permanent entry Visas, there may be a need to conduct interviews or in-field investigations to collect and/or verify information. This process enables the management of certain immigration risks by testing the claims made in the application.

The Department is seeking a service provider to use innovative technology to automate Visa processing end-to-end (from discovery to finalisation). It is clear that there is capability in the market to automate objective assessments and that some subjective assessments can be disaggregated into objective components, that could also be automated.


Current state visa and citizenship application processing

Simple view of visa service delivery and visa applicant journey

Figure 4: High-level view of the systems used in the visa and citizenship application lodgement and assessment process.

Digital channels

• Online User Portal: Delivers self-managed services to clients and allows users to access a range of visa and citizenship services that are offered by the Department. The Online User Portal enables authenticated users to create, track, list, search and view visa and citizenship applications from a single place.

• Online Lodgement: The Online Lodgement system provides online application forms for Visa and citizenship applications. It also provides an application details view and allows users to perform post lodgement activities such as attach documents, submit admin forms, provide further information, provide health declarations and view generated correspondence.

Client Services

• The Department provides client support services using a number of channels which include, online self-service user portal, service centres and SDPs. During pre-engagement, the Department assists the client by providing appropriate information about various Visa and citizenship products through the Department’s website and Skillselect tools. In May 2017 the Government announced that, while it was initiating a long-term programme of work to enhance the visa system, as an interim step, the Department would outsource Client Enquiry Services. The Request for Tender (RFT 11/16) was issued on AusTender on 9 June 2017 and closed on 20 July 2017.

Department Post, Service Delivery Partners (SDP)

• Australian Visa and citizenship applicants can download paper application forms for Visa types from the Department’s website, complete and hand-in the completed application forms with supporting documents at Departmental posts or SDPs.


• Applications collected by SDPs will be physically transported to Departmental posts where the applications will be entered manually or uploaded via an application file into the Visa and citizenship processing legacy system.

Visa and citizenship processing systems

Currently the Department has multiple systems that are actively used in processing Australian Visa Applications and citizenship applications.

• Visa & citizenship processing system (ICUE): The ICUE system supports the processing and decision making process for Visa Applications and citizenship applications as well as managing compliance and enforcement processes. The system provides capabilities such as an automated facility to create Visa Application and citizenship applications, determine eligibility, check against warning and alert lists, process requests, run application assessments, record decisions and process citizenship conferrals. Other capabilities include the ability to restrict decision making based on predecessors, security and audit controls, reporting and creation of correspondence.

• Visa and movements repository: The visa and movements repository stores the Department’s complete Visa Decision history as well as a history of all border movements for Australian Visa holders.

• Visa and citizenship processing legacy system (IRIS): This system is the Department's overseas visa processing system and has been in operation since 1989. It is used at posts and at some State and Territory offices for processing Visa Applications. The Department is currently undertaking a process of moving products being processed in the IRIS system to the ICUE platform.

• Electronic Travel Authority System: Electronic Travel Authority is a system developed and hosted by a contracted third party organisation for the purpose of processing Electronic Travel Authority Visas. ETA can be completed online by the Client or it can be completed by a travel agent or an airline booking agent, as part of the process of booking the Client’s travel.

Support Systems

• Work Management: Application used by Visa and citizenship processing officers to manage, workflow and allocate applications globally.

• Visa Cancellation Portal: System used by Visa processing officers to manage the process of cancelling a Visa and capturing cancellation Decisions and outcomes.

• Citizenship Test Management System: Manages the citizenship test process such as the booking of test appointments along with the capture and dissemination of test results to other Departmental systems.

• Citizenship Test: System is used to administer the citizenship test to clients and calculates test results.

Enterprise Risk Systems

The Department has various risk systems that are used to evaluate risk against a Client/applicant. Results from the risk systems are integrated into the Visa and citizenship processing systems to inform the application assessment process.


Enterprise Identity and Biometrics Management

• Enterprise Biometrics system: This system is used to capture Biometric facial and fingerprint data. Collection of biometrics occurs Offshore at Australian posts, United Kingdom Visa Application Centres (UKVAC) and also at remote sites using offshore mobile equipment. Biometric capture also takes place Onshore at detention centres and regional offices.

• Enterprise Client Identity Hub: This system is the Department's consolidated client data repository and provides accurate and consolidated information of a Client along with a single view of the Client’s history with the Department.

External Agency Integration

The Department’s systems share information with various domestic and international Government agencies, for example, domestic agencies such as Department of Human Services, Department of Social Services, Australian Tax Office and international government agencies from the US, NZ, Canada and UK as part of Migration 5 (M5) agreements.

Health Assessment Systems

Upon lodgement of a Visa Application, the Visa and citizenship processing systems determine whether a Client is to undertake a health assessment.

• Health Assessment Portal: Records and assesses client health declarations and generates health criteria and conditions for Visa Applicants as well as providing capabilities to review and revise health criteria and the creation of notifications and correspondence.

• Health exams and results: The eMedical system is used to record health examination results of applicants. The eMedical system is a web based application available to both Departmental users (VPOs) and to external users (panel doctors, panel radiologists and designated medical Practitioner from one of the M5 countries: Canada, USA, UK, Australia and NZ).

Currently, the system is used by Australian, Canadian and New Zealand panel physicians who are able to enter a Visa Applicant's health information (including the health examination results, a digital chest x-ray file, specialists reports and biometric photos) online.

Payments

The Department collects Visa and citizenship payments via a variety of different channels such as online through credit card transactions, BPay and PayPal or in person at a Departmental post or office. Payments and refunds are processed and administered in the Department’s SAP platform.

Enterprise Record Keeping System

All supporting documents, including client correspondence related to Visa and citizenship applications and processes are stored in the enterprise record keeping system with appropriate retention policy for future reference and auditing purposes. HPE records manager/TRIM provides the functionality to the Department. Various Visa and citizenship systems use a Departmental in-house build integration layer to store documents in HPE TRIM.

Enterprise Correspondence Services

Throughout the Visa and citizenship application life cycle, the Department sends electronic correspondence as well as paper correspondence to Clients/applicants. Appropriate re-usable templates are used in


generating the letters. The Thunderhead system along with the Department’s enterprise web services layer provides this functionality.

Reporting

The Department reports on Visa and citizenship data for a wide range of governmental and operations reporting purposes. The business intelligence platform is the Department’s data warehouse environment which is integrated with the majority of operational Visa and citizenship processing and supporting systems whose data is collated and stored in the data warehouse and is exposed by business intelligence tools.

Case Studies – Current State

Case Study 1: Offshore Visitor visa application processing

Jing is a 28-year old Chinese national who works as a marketing manager for large company based in Shanghai. She wishes to visit her 20-year old cousin studying in Australia in two weeks during the Chinese New Year, a peak travel season. Jing has Competent English and has travelled abroad many times, but this will be her first visit to Australia. She uses the visa finder on the Department’s website and identifies the appropriate Visitor Visa. She has the option to apply online or submit a paper-based Visa Application. Jing is busy with work and having used a travel agent for previous travel, she again requested her travel agent to apply for a visa on her behalf. Jing is confident that she will be granted a Visa to Australia and immediately books her non-refundable airline tickets.

Jing’s travel agent, while unable to guarantee that the Visa will be processed in time as the current service standard is 10 Business Days, immediately initiates a paper application. Jing is optimistic and submits her signed completed application form and all documentation requested by the travel agent. This includes evidence of her employment and salary, previous international travel and Visa records, her financial statements, and details of her cousin’s Visa situation in Australia. Jing is waiting for a new passport to be issued in the next few days and provides her existing passport details with the intention to provide the new details once known.

That same day, the travel agent couriers the completed Visa Application to the Department’s SDP in Shanghai, responsible for receiving and electronically recording basic Visa Application data, including biographical information. The next morning, the SDP delivers over 900 paper Visitor Visa Applications and the electronic flat file to the Visa office at the Australian Consulate in Shanghai, who concurrently process online Visa Applications.

The Visa Application flat file data is uploaded into the Department’s Visa processing system and each application is automatically checked against Departmental records and business rules. The application is transferred to the responsible processing team which process applications in order of date lodgement. The decision maker assesses whether Jing genuinely intends to visit her cousin in Australia and return at the end of her stay. The assessment will consider a range of information, including Jing’s financial circumstances, her ties to China (such as family and employment), her previous travel to other countries and compliance with Visa conditions, and the reasons for her visit. An assessment will also be made against generic ‘Public Interest Criteria’, including health and character.

The decision maker is satisfied that Jing meets the required Visa Criteria and Grants the Visa in the system. A Visa-grant letter is auto-generated, referencing biographical details, passport number and visa grant number, and is immediately emailed to Jing’s travel agent who provides Jing with her visa grant notification.

With Jing’s Visa approved, she travels to the airport for her flight to Australia. On check-in using her newly issued passport, the airline – whose systems are linked to Australia’s advance passenger processing, could


not identify a Visa for travel against Jing’s passport details and, therefore, could not provide boarding approval. Jing presented her old passport, which matched against the Visa grant. The airline check-in staff contacted the Department’s Border Operation Centre who updated Jing’s Visa with her new passport details and provided approval for Jing to board the flight.

Case Study 2: Student visa – genuineness assessment

Bhanu is a 22-year old Indian national who recently lodged a Student Visa Application with the Department to study a Bachelor of Nursing. She has completed a year of a Bachelor of Medical Science in New Delhi and has provided evidentiary documentation. She has been working part-time as a patient carer in a hospital in New Delhi and has also included supporting documentation of her employment. Bhanu has never travelled to Australia, but her brother completed his studies in Australia and is now living and working in Sydney as a permanent resident.

Amongst other Visa Criteria, the Visa decision maker must assess whether Bhanu is a ‘Genuine Temporary Entrant’ for the purposes of her intention to study in Australia.

She details in her application that:

• she would like to ultimately become a doctor and states that a Bachelor of Nursing will teach her more about how to manage patients and complicated medical issues;

• her brother recommended the course and education provider noting they partner with a local hospital and have a clinical component to the course;

• the hospital where she is currently working supports her travel; and

• after graduating from a nursing degree she could return to India to work as a fully qualified nurse, but that she would really like to keep studying Medicine in Australia or at least get some experience as a nurse in Australia before returning.

The decision maker will assess the full range of Bhanu’s circumstances in line with the legal Ministerial Direction, including:

• the value of the course to Bhanu’s future and whether the course is valuable to her should she not have an opportunity to work or do further study in Australia;

• her potential circumstances in Australia, including her research and awareness of the course of study and any incentives to remain in Australia, including family ties;

• her immigration history, including travel location, Visa type, length of stay and compliance or non-compliance with Visa conditions; and

• her circumstances in her home country, including her employment, financial position in India and incentives to return, such as family, financial and community ties.

On assessment of Bhanu’s circumstances guided by the Ministerial Direction, the Visa decision maker may need to conduct various verifications and checks, including but not limited to Bhanu’s enrolment in Australia, her qualifications in India and her stated employment. The Visa decision maker must weigh up Bhanu’s circumstances as a whole to determine whether the genuine temporary entrant criterion is met or not met.


Case Study 3: Visitor Visa - character assessment

Australian citizen Bruce has been in a long-distance relationship with Filipino national, Dalisay, for nearly 12 months. He has visited her three times in the Philippines and would like her to visit him in Australia for 2-3 months to spend time together, do some travel and introduce her to his family and friends.

Bruce learns from friends that Dalisay will need to lodge a Visitor Visa Application and that she can apply online by creating an IMMIAccount. Bruce helps Dalisay to complete the Visa Application form online, including details of passport, address, employment and previous travel. Dalisay electronically attaches her letter of employment (hairdresser), her financial details, an invitation letter from Bruce, and evidence of their relationship, including statements from their friends and family who know of their relationship. Bruce pays the VAC on his credit card and Dalisay submits the electronically signed application for processing.

Dalisay’s Visa Application is automatically ‘batched’ to the Visitor Visa processing team at the Australian Embassy in Manila. The Visa decision maker assessed the application and notes that Dalisay indicated that she had been convicted of an offence and imprisoned over 10 years ago. The decision maker also checks Departmental systems and identifies an alert detailing that Dalisay has an outstanding criminal warrant and has spent time in prison for fraud. The information is considered and the Visa decision maker requests Dalisay provide a police certificate from the Philippines and any other countries of residence of 12 months or more than in the previous 10 years. A formal request is emailed to her.

This request sought to confirm details of Dalisay’s criminal conviction information to assess whether she meets the character requirement, which is one of the ‘Public Interest Criteria’ for Grant of the Visa.

Three weeks later, Dalisay provided a Philippines police certificate stating she had a conviction of 14 months imprisonment for financial fraud from 13 years ago. The decision maker referred the case to a specialist character consideration team within the Department. In this case, the Departmental delegate assessed that, while Dalisay’s conviction objectively means she does not pass the ‘character test’, on this occasion, her offending did not limit her from meeting the character ‘Public Interest Criteria’ for the Visa Application.

In deciding whether to Grant or refuse the Visa Application, the decision maker will consider Dalisay’s situation and claims, including her reason for travel, evidence of the relationship with Bruce, as well as the financial support offered by Bruce for her proposed visit. The decision maker will also consider the advice provided by the character consideration team to make a decision as to whether Dalisay meets the character requirement.

Case study 4: Subclass 457 Temporary Work (Skilled) visa – breach of condition and cancellation action

Shiva is 42 years old and works as a biotechnologist in Mumbai where he lives with his family. Through a recruitment agency Shiva has accepted a position to work in a leading food technology company in Adelaide commencing as soon as possible. The Adelaide company already has accreditation to sponsor subclass 457 Temporary Work Visas and lodges a nomination application to support Shiva’s 457 Visa Application.

The company and Shiva lodge complete nomination and Visa Applications with all required supporting documentation. Their applications are awarded priority allocation because the company is an accredited sponsor, and the Visa Application is finalised within four weeks. Shiva and his dependant family members are all granted four-year Temporary Work Visas.

After six months, Shiva’s wife and children are not adjusting to life in Australia and decide to move back to Mumbai. Shiva stays on in Adelaide, but is feeling isolated and is depressed after his family’s departure. His work performance suffers as a result and after a period of ongoing disagreements with his employer, he resigns from his position. His employer emails the Department and advises Shiva’s cessation of employment.


In a limited employment market and reliant on a performance appraisal from his previous employer, Shiva is unable to find a new job in his profession within 2 months. He is too ashamed to return to India at this point and is in breach of his Visa condition 8107 as he ceased employment for more than 60 days. He continues to ignore contact from the Department about meeting his obligations after ceasing work with his former employer.

After a period of 60 days since Shiva ceased his employment, the Department commences cancellation action on Shiva’s Visa for breaching condition 8107 and he is advised that he may need to depart Australia if his Visa is cancelled.

Attachment E Delivering Visa Services for Australia Request for Expressions of Interest

Reference Documents 2015-16 Year at a Glance www.border.gov.au/about/reports-publications/research-statistics/statistics/year-at-a-glance/2015-16 Department of Immigration and Border Protection: Annual Report 2015-16 www.border.gov.au/about/reports-publications/reports/annual/annual-report-2015-16 Corporate Plan 2016-17 www.border.gov.au/about/reports-publications/reports/corporate-plans/2016-17 Strategy 2020 www.border.gov.au/CorporateInformation/Documents/strategy-2020.pdf#search=strategy%202020 Technology Strategy 2020 www.border.gov.au/ReportsandPublications/Documents/technology-strategy-2020.pdf#search=technology%20strategy%202020 Portfolio Budgets www.border.gov.au/about/reports-publications/reports/portfolio-budgets Australian Border Force Act 2015 (Cth) https://www.legislation.gov.au/Details/C2016C00650 Building and Construction Industry (Improving Productivity) Act 2016 (Cth) https://www.legislation.gov.au/Details/C2017C00272 Migration Act 1958 (Cth) https://www.legislation.gov.au/Details/C2017C00284 Migration Regulations 1994 (Cth) https://www.legislation.gov.au/Details/F2017C00582 Privacy Act 1988 (Cth) https://www.legislation.gov.au/Details/C2017C00283

http://www.border.gov.au/about/reports-publications/research-statistics/statistics/year-at-a-glance/2015-16

http://www.border.gov.au/about/reports-publications/reports/annual/annual-report-2015-16

http://www.border.gov.au/about/reports-publications/reports/corporate-plans/2016-17

http://www.border.gov.au/CorporateInformation/Documents/strategy-2020.pdf#search=strategy%202020

http://www.border.gov.au/ReportsandPublications/Documents/technology-strategy-2020.pdf#search=technology%20strategy%202020

http://www.border.gov.au/ReportsandPublications/Documents/technology-strategy-2020.pdf#search=technology%20strategy%202020

http://www.border.gov.au/about/reports-publications/reports/portfolio-budgets

https://www.legislation.gov.au/Details/C2016C00650



https://www.legislation.gov.au/Details/F2017C00582


Attachment E | 2

Freedom of Information Act 1982 (Cth) https://www.legislation.gov.au/Details/C2017C00251 Archives Act 1983 (Cth) https://www.legislation.gov.au/Details/C2016C00772 Public Governance, Performance and Accountability Act 2013 (Cth) https://www.legislation.gov.au/Details/C2017C00269 Protective Security Policy Framework (PSPF) www.protectivesecurity.gov.au/Pages/default.aspx Departmental Forms https://www.border.gov.au/about/corporate/information/forms/pdf-numerical Public Interest Criteria (refer to Schedule 4 of the Migration Regulations 1988 (Cth)) https://www.legislation.gov.au/Details/F2017C00582




http://www.protectivesecurity.gov.au/Pages/default.aspx

https://www.border.gov.au/about/corporate/information/forms/pdf-numerical

https://www.legislation.gov.au/Details/F2017C00582

of 1 Overview

Introduction

KeyInput required from Respondent

Table of Contents

# Sheet Name (links) Details

1 Respondent Details Respondent to enter contact details

2 Summary Summary of all responses

3 Pricing input 1 Response for Pricing input 1 - Real Implementation costs

4 Pricing input 2 Response for Pricing input 2 - Real Operational costs

5 Pricing input 3 Response for Pricing input 3 - Post-tax rate of return (i.e. project WACC) and risks

6 Pricing input 4 Response for Pricing input 4 - Information required for refined estimates

7 Data Data: volumes and timelines, for use in calculations

8 Thank you and next steps N/A

Delivering Visa Services for AustraliaResponse Template for Part 3 Section 5.3

Overview

Please use this template to provide your responses to Part 3, Section 5.3 of the REOI. Responses are required on sheets 1, 3, 4, 5 and 6 only. The Summary sheet (2) should reflect the four sheets that follow.The Department expects all Respondents to provide input on every question.

Delivering Visa Services for Australia Response Template

Page 1 of 1 Respondent Details

Respondent Details

Thank you for providing your response. Your contact details are important so that the Department can follow-up with you, if required.

Contact nameCompany/OrganisationTitle/PositionDepartment/DivisionDirect contact numberDirect contact emailWebsiteBrief description of company/organisation and your main area(s) of interest

Click to return to Overview Click to return to top of sheet


Page 1 of 3 Summary

Click to return to Overview

How to use this sheet:

Pricing input 1


Assumptions

Pricing input 2

Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28Operational cost - totalComponent 1

Click to return to top of sheetSummary

As requested in Part 3, section 5.3 of the REOI, the Respondent must provide responses to Pricing inputs 1, 2, 3 and 4. Responses should be made in the four sheets that follow this Summary sheet and be automatically reflected in the tables on this Summary sheet. The Respondent should not input directly to All cells shaded in this colour require an input from the Respondent. No other cells should be edited. If you add rows in the following sheets, please add corresponding rows in this sheet.

On the 'Pricing input 1' sheet, please provide your estimated Real Implementation costs and detail the sub-components underneath. Your response should be reflected in the table below.

Pricing input 1: Real Implementation costs

Provide all cost estimates in $m (AUD). FY18 should be treated as the base year (Year 0). If you are incorporating a foreign exchange rate, please use the current foreign exchange rate and state both the rate and date in your assumptions.

On the 'Pricing input 2' sheet, please provide your estimated Real Operational costs and detail the sub-components underneath. Your response should be reflected in the table below.

Pricing input 2: Real Operational costs

Add & label components in new



Page 2 of 3 Summary

Component 2…

Assumptions

Pricing input 3

Year

Scenario 1a: Risks retained by Respondent, 7-year contractScenario 1b: Risks retained by Government, 7-year contractScenario 2a: Risks retained by Respondent, 10-year contractScenario 2b: Risks retained by Government, 10-year contract

Scenario 3a: Risks retained by Respondent, contract of preferred lengthScenario 3b: Risks retained by Government, contract of preferred length


On the 'Pricing input 3' sheet, please provide your post-tax required rate of return for the four scenarios outlined in Section 5.3. Please also provide a summary of the key risks that you anticipate, along with the steps you propose to mitigate those risks. Your response should be reflected in the table below.


Gearing ratio (%) Cost of debt (%) Cost of equity (%) WACC for this project (%)

Risks Proposed method of mitigation


blank



Add & label rows for


Page 3 of 3 Summary

Pricing input 4

Information required Reason

… … blank

Assumptions

On the 'Pricing input 4' sheet, please outline the information you will need to refine your estimates in later stages of the procurement process. Please include the reason for each item of information. Your response should be reflected in the table below.

Pricing input 4: Information required for refined estimates

Add & label rows for risks as required

Add & label rows for items of information

as required


Summary


Assumptions

Detailed calculations: You may add rows if you need additional space

Component 1


Click to return to top of sheetPricing input 1

On this sheet, please provide your estimated Real Implementation costs (i.e. in FY18 dollars, not nominal values), and detail the sub-components underneath. Your response should be reflected in the Summary sheet.

Pricing input 1: Real Implementation costs


rows as required

Component 2

…


Summary

Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28Operational cost - totalComponent 1Component 2…

Assumptions

Detailed calculations: You may add rows if you need additional space

Component 1



On this sheet, please provide your estimated Real Operational costs (i.e. in FY18 dollars, not nominal values), and detail the sub-components underneath. Your response should be reflected in the Summary sheet.

Pricing input 2: Real Operational costs


rows as required

Component 2

…


Summary

Year

Scenario 1a: Risks retained by Respondent, 7-year contractScenario 1b: Risks retained by Government, 7-year contractScenario 2a: Risks retained by Respondent, 10-year contractScenario 2b: Risks retained by Government, 10-year contract

Scenario 3a: Risks retained by Respondent, contract of preferred lengthScenario 3b: Risks retained by Government, contract of preferred length


On this sheet, please provide your post-tax required rate of return (i.e. project Weighted Average Cost of Capital) for the six scenarios outlined in Section 5.3 of Part 3 - Statement of Requirements. State all assumptions used to calculate it (e.g. gearing ratio). Please also provide a summary of the key risks that you anticipate, along with the steps you propose to mitigate those risks. Your response should be reflected in the Summary sheet.


Gearing ratio (%) Cost of debt (%) Cost of equity (%) WACC for this project (%)

Risks Proposed method of mitigation


blank

blankAssumptions


… …Add & label rows for

risks as required

Detailed calculations:

Scenario 1a: Risks retained by Respondent, 7-year contract

Scenario 1b: Risks retained by Government, 7-year contract

Scenario 2a: Risks retained by Respondent, 10-year contract

Scenario 2b: Risks retained by Government, 10-year contract

Scenario 3a: Risks retained by Respondent, contract of preferred length

Scenario 3b: Risks retained by Government, contract of preferred length

Other


Summary


On this sheet, please outline the information you will need to refine your estimates in later stages of the procurement process. Please include the reason for each item of information. Your response should be reflected in the Summary sheet.

Pricing input 4: Information required for refined estimatesInformation required Reason

… …

Add & label rows for items of information

as required


How to use this sheet:

Year FY19 FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28Volume Estimated GDP-processed temporary visa volume

(millions) - 2.48 5.15 8.02 11.07 11.44 11.82 12.19 12.56 12.96

Timelines Design phase TRUE TRUE TRUE TRUE TRUE

Implementation phase TRUE TRUE TRUE TRUE

Operation phase TRUE TRUE TRUE TRUE TRUE TRUE TRUE TRUE

Note: FY28 forecast growth rate is based on the average growth rate for FY24-27

Click to return to top of sheetData: Volume and Timelines

Please link your calculations to this sheet as required. Do not edit this sheet.

Estimated GDP-processed Shorter term validity Visa volumes (millions) and timeline (in green) for design, implementation and operation.


Page 1 of 1 Thank you and next steps

Thank you and next stepsClick to return to Overview

Thank you for providing input in response to Part 3 Section 5.3 of the REOI. The Department appreciates your input as the Department shapes the future of visa service delivery. Please submit the completed template (in Excel format) along with your EOI by the Closing Time. Additional clarification questions may also be sent as a separate Word document attachment, although the Department may not respond to all questions.

Delivering visa services for Australia - DIBP REOI 22/17-B1 · 2018-11-19 · DELIVERING VISA...

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