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					                                  Request for Tender
               For the Appointment of Contractors to the
           Residential Maintenance Services Panel (RMS2009)

                                     Cleaning Services
                              Floor Covering Cleaning Services
                               Grounds Maintenance Services

                                            DHA RFT No. 170

                        This Request for Tender Documentation Set consists of the following parts:

                            Part 1. General Information

                            Part 2. Conditions of Tender

                            Part 3. Statement of Requirement

                            Part 4. Deed of Agreement

                            Part 5. Tender Response Schedules




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                    Page     1
                                           TABLE OF CONTENTS
1.     GENERAL INFORMATION                                                        6

       1.1  DEFINITIONS                                                            6
       1.2  INTRODUCTION                                                           7
       1.3  TIMINGS                                                                8
       1.4  SCOPE OF SERVICES                                                      8
       1.5  ALLOCATION OF WORK                                                     8
       1.6  OBTAINING THE TENDER DOCUMENTATION SET                                 8
       1.7  STRUCTURE OF THE TENDER DOCUMENTS                                      8
       1.8  PREPARATION OF TENDERS                                                 9
       1.9  BEST OFFER                                                             9
       1.10 LODGEMENT OF TENDERS                                                   9
       1.11 EVALUATION OF TENDERS                                                  9
       1.12 UNINTENTIONAL ERRORS OF FORM                                          10
       1.13 NON-CONFORMING TENDERS                                                10
       1.14 APPOINTMENT OF SUCCESSFUL TENDERER/S                                  10
       APPENDIX A TO PART 1 – RMS REGIONAL LISTING AND CONTACT DETAILS            11

2.     CONDITIONS OF TENDER                                                       13

       2.1    INTERPRETATION                                                      14
       2.2    RANKING OF PARTS OF THIS REQUEST FOR TENDER                         14
       2.3    AGREEMENT WITH TERMS AND CONDITIONS & DEED OF AGREEMENT             14
       2.4    OBTAINING THE TENDER DOCUMENTATION SET                              14
       2.5    PREPARATION OF TENDER RESPONSES                                     15
       2.6    LODGEMENT                                                           15
       2.7    DEADLINE FOR LODGEMENT                                              16
       2.8    FORM OF TENDER                                                      16
       2.9    DHA’s RIGHTS                                                        16
       2.10   RESPONSIBILITY OF THE TENDERER                                      17
       2.11   FURTHER INFORMATION FROM DHA                                        17
       2.12   CONFLICT OF INTERESTS                                               18
       2.13   TENDERER CONDUCT                                                    18
       2.14   SITE VISITS                                                         18
       2.15   JOINT TENDERS                                                       18
       2.16   ALTERNATE TENDERS                                                   18
       2.17   AMENDMENTS TO THE REQUEST FOR TENDER                                18
       2.18   GOVERNING LAW                                                       19
       2.19   FURTHER INFORMATION FROM TENDERERS                                  19
       2.20   NOTIFICATION OF OUTCOME                                             19
       2.21   DEBRIEFING OF TENDERERS                                             19
       2.22   FINANCIAL & BUSINESS REPORTS                                        19
       2.23   DOCUMENT OWNERSHIP                                                  19
       2.24   INTELLECTUAL PROPERTY                                               20
       2.25   PROTECTION OF TENDERER INFORMATION                                  20
       2.26   RETURN OF INFORMATION                                               20
       2.27   LANGUAGE AND MEASUREMENT                                            20
       2.28   PROPOSED PRICES                                                     20
       2.29   GOODS & SERVICES TAX (GST)                                          20
       2.30   NO LIABILITY                                                        21
       2.31   NO CONTRACT OR UNDERTAKING                                          21
       2.32   FURTHER AGREEMENT BY TENDERER                                       21
       2.33   AUSTRALIAN GOVERNMENT REQUIREMENTS                                  22
       2.34   NOTIFICATION OF DHA NON COMPLIANCE                                  23
       2.35   DISCLAIMERS                                                         23




DHA Request for Tender for Appointment of Contractors to the RMS Panel -   Page        2
3.     STATEMENT OF REQUIREMENT                                                   25

       3.1  GENERAL REQUIREMENTS FOR ALL TRADES                                   26
       3.2  SPECIFICATIONS                                                        28
       3.3  LICENSED TRADES                                                       28
       3.4  ELECTRONIC BUSINESS MANAGEMENT                                        28
       3.5  NOTICES, FEES AND DRAWINGS                                            28
       3.6  SUPPLY OF ELECTRICITY                                                 29
       3.7  SUPPLY OF TOOLS                                                       29
       3.8  SUPPLY OF CONSUMABLES                                                 29
       3.9  DANGEROUS SUBSTANCES, TOOLS AND EQUIPMENT                             29
       3.10 HAZARDOUS MATERIALS                                                   29
       3.11 HERITAGE HOMES                                                        29
       3.12 RATES & HOURS                                                         30
       3.13 KEY PERFORMANCE INDICATORS                                            30
       APPENDIX A TO PART 3 – SPECIFICATIONS                                      33
       APPENDIX B TO PART 3 – STANDARD CLEAN CHECK LIST                           37
       APPENDIX C TO PART 3 – VACANT PROPERTY MAINTENANCE LOG                     40

4.     DEED OF AGREEMENT                                                          43

       4.1  INTRODUCTION                                                          44
       4.2  PARTIES                                                               44
       4.3  INTERPRETATIONS                                                       44
       4.4  APPOINTMENT OF CONTRACTOR AND TERM OF ENGAGEMENT                      44
       4.5  MAINTENANCE ITEMS                                                     44
       4.6  ENGAGEMENT OF THE CONTRACTOR                                          44
       4.7  NON EXCLUSIVITY                                                       44
       4.8  APPOINTMENT OF THIRD PARTY SUPPLIERS                                  45
       4.9  GIFTS                                                                 45
       4.10 COST MANAGEMENT                                                       45
       4.11 AUDIT                                                                 45
       4.12 PERSONNEL                                                             45
       4.13 CONTRACT MATERIAL                                                     45
       4.14 TERMINATION OF CONTRACT                                               46
       4.15 RISK AND INDEMNITY                                                    46
       4.16 INVOICES                                                              46
       4.17 INSURANCES                                                            47
       4.18 WAIVER                                                                47
       4.19 ACTS BEYOND CONTROL                                                   47
       4.20 ASSIGNMENT                                                            47
       4.21 ASSISTANCE                                                            47
       4.22 SERVICE STANDARDS                                                     47
       4.23 NOTICES                                                               47
       4.24 COPYRIGHT ON DESIGNS AND TRADES                                       48
       4.25 COSTS                                                                 48
       4.26 PRIVACY                                                               48
       4.27 RESOLUTION OF DISPUTES                                                49
       APPENDIX A TO DEED OF AGREEMENT – CONTRACT DETAILS                         51
       APPENDIX B TO DEED OF AGREEMENT – SAMPLE INVOICE                           52




DHA Request for Tender for Appointment of Contractors to the RMS Panel -   Page        3
5.     TENDER RESPONSE SCHEDULES                                                  53

       5.1    INSTRUCTIONS TO TENDERERS FOR COMPLETING TENDER                     54
       5.2    SUBMISSION OF THE TENDER                                            54

SCHEDULE 1 – TENDERER’S STATEMENT OF COMPLIANCE & DECLARATION                     55

SCHEDULE 2 – TENDERER’S INFORMATION                                               57

       S2.1 GENERAL INFORMATION                                                   57
       S2.2 CONTRACTOR’S REPRESENTATIVE/S                                         57
       S2.3 NOMINATED SERVICES                                                    58
       S2.4 LICENCE DETAILS                                                       58
       S2.5 INSURANCE DETAILS – PUBLIC LIABILITY                                  58
       S2.6 INSURANCE DETAILS – WORKER’S COMPENSATION                             58
       S2.7 BANK ACCOUNT DETAILS                                                  59
       S2.8 OPERATIONAL PERFORMANCE                                               59
       TENDERER’S ATTACHMENTS TO SCHEDULE 2                                       60

SCHEDULE 3 – TENDERER’S UNDERSTANDING OF THE REQUIREMENT                          61

       S3.1   APPRECIATION OF THE REQUIRED SERVICES                               61
       S3.2   APPROACH TO WORK                                                    61

SCHEDULE 4 – TENDERER’S DEMONSTRATED ABILITY AND EXPERIENCE TO PROVIDE
THE SERVICES                                                           62

       S4.1 GENERAL COMPANY PROFILE                                               62
       S4.2 REFERENCE PROJECT NO.1                                                62
       S4.3 REFERENCE PROJECT NO.2                                                63
       TENDERER’S ATTACHMENTS TO SCHEDULE 4                                       64

SCHEDULE 5 – TENDERER’S CAPACITY                                                  65

       S5.1 PROPOSED REGIONS                                                      65
       S5.2 PERSONNEL AND EQUIPMENT                                               65
       S5.3 ABILITY TO SERVICE REGIONS                                            66
       TENDERER’S ATTACHMENTS TO SCHEDULE 4                                       68

SCHEDULE 6 –FEE PROPOSAL                                                          69




DHA Request for Tender for Appointment of Contractors to the RMS Panel -   Page        4
                                     Request for Tender
                         For the Appointment of Contractors to the
                 Residential Maintenance Services Panel (RMS2009)


                                     Cleaning Services
                              Floor Covering Cleaning Services
                               Grounds Maintenance Services

                                            DHA RFT No. 170


                                                      Part 1
                                General Information




DHA Request for Tender for Appointment of Contractors to the RMS Panel -   Page   5
1.     GENERAL INFORMATION

1.1    DEFINITIONS



        Term/Abbreviation     Meaning
                              Means an amendment (e.g. alteration, addition or deletion) to the information contained in the Request
        Addendum
                              for Tender Document Set, issued as a notice to Tenderers before the Deadline for Lodgement
        Business Day          Means a day on which trading banks are open for business in the State or Territory in which the RMS
                              work is being sought in this Request for Tender are to be performed.
        Commencement
        Date for the          Means the date specified as such in Section 1.4
        Services
        Commonwealth          Means the Commonwealth of Australia.
                              Means a legal entity that has entered into a Deed of Agreement with DHA. Each Contractor will be
        Contractor
                              recognised as such only if registered also with an A.B.N.
                              Means all material created, collected or provided by the Contractor or required to be created, collected
        Contract Material     or provided by the Contractor as part of, or for the purposes of performing, the RMS work including but
                              not limited to building materials, equipment, documents, information, and data stored by any means.
        Deadline for
                              Means the date and time by which tenders must be submitted, as specified in Section 1.4
        Lodgement
                              Means a Deed of Agreement to be entered into between DHA and a Contractor (if any), under which the
        Deed of               Parties may enter into contracts in relation to the provision of RMS services. A Deed of Agreement is
        Agreement             included in Part 4 of this Request for Tender, which incorporates all parts of this Request for Tender
                              Document Set.
                              Defence Housing Australia A.B.N. 72 968 504 934. and any other body or nominee that Defence
        DHA                   Housing is contracted to for the RMS properties. Where relevant it also includes DHA staff, agents and
                              authorised representatives.
                               Means client/s and customers of DHA who include:
                               (a) the Australian Defence Force;
                               (a) members of the Defence Forces and their families who reside in housing provided or arranged by
        DHA Client                                 DHA;
        „the client‟           (b) other Australian Government Agencies that DHA provide housing facilities to;
                               (c) all tenants of DHA provided or managed housing; and
                               (d) The lessors of properties that DHA may require the Contractor to provide the RMS work to under
                                   the Deed of Agreement.
                              Means any material provided by DHA to the Tenderer for the purposes of the RFT process or which is
        DHA Material
                              copied or derived from material so provided.
        Expiration of Term    Means the date specified as such in Section 1.3.
        GST                   Means any tax imposed by or through the GST Act on supply (without regard to any input tax credit)
                              A New Tax System (Goods and Services Tax) Act 1999 and any related Tax Imposition Act (whether
                              imposing tax as a duty of Customs, Excise or otherwise) any Regulations made there under or other
        GST Act
                              instrument, document or provision having or intended to have legal force and effect and includes any
                              legislation which is enacted to validate recapture or recoup the tax imposed by any of such Acts.
                              Means a tender where two or more parties between them will fulfil the conditions of tender. Joint
        Joint Tenders
                              tenders do not include the relationship of employee/s or sub Contractors.
                              Means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time
        Law                   to time in Australia, whether made by a State, Territory, the Commonwealth, or a local government, and
                              includes the common law as applicable from time to time, and any applicable industry codes of conduct.
        Late tender           Means a tender lodged after the deadline.
        Maintenance Item      Means an order for work issued by DHA to the RMS Contractor
        Minimum
                              Means the information that the Tenderer must ensure is included in the tender response, the absence of
        Requirements for
                              which will deem the tender to be non-conforming.
        Tenders
        Non-Conforming        Means a tender which does not provide the Minimum Requirements for Tenders, and as such, DHA
        Tender                may exercise the right to exclude the tender from further consideration.
                              Means the approach to industry by DHA for the submission of proposals in accordance with the Request
        Request for Tender
                              for Tender Document Set
        Request for Tender
                              Comprises Parts 1, 2, 3 4 and 5, and where applicable, their associated Schedules.
        Document Set
        RMS                   Residential Maintenance Services



DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                     Page                  6
       DEFINITIONS (CONTINUED)


        Term/Abbreviation        Meaning
        RFT                      Means the Request For Tender process and includes the Request for Tender.
                                 Means:
                                 (a) property (including all premises) owned, leased or managed by DHA in respect of which the
        Site                     Contractor may be required to perform repairs and maintenance work; and
                                 (b) Any other property notified in writing by DHA to the Contractor from time to time and approved by
                                 the Contractor (whose approval must not be unreasonably withheld or delayed).
        Tender                   Means any tender lodged in connection with this Request for Tender.
        Tenderer                 Means any entity considering or responding to this Request for Tender.
                                 Refers to the period between the Commencement Date for the Services and the Expiration Date for the
        Term
                                 Services.
                                 Means all types of works required by DHA and not only those requiring „Trade Certificates‟, „Training‟
        Trades
                                 or „Licensing‟.

1.2    INTRODUCTION
       The primary function of Defence Housing Australia (DHA) is the provision of high quality housing and relocation services to
       members of the Australian Defence Force (ADF) and their families across Australia.

       DHA maintains almost 17,500 properties. Of these most are average 3 – 4 bedrooms with 1 – 2 living areas (approx. 180 –
       240 sq m). The majority of residences are brick clad on slab construction. Overall property sizes are 85 % under 700 sq m,
       10% between 700 sq m and 950 sq m; and a further 5% are over 950 sq m. Tenderers should note however, this is a general
       profile that alters between regions.

       In accordance with the Request for Tender (RFT) for Residential Maintenance Services (RMS2009), DHA is calling for
       tenders from qualified Contractors and trades people with demonstrated experience and availability to deliver high quality
       services under a panel arrangement for the cleaning, floor covering cleaning and grounds maintenance packages in nominated
       locations, if and when required. DHA is ultimately looking for Contractors who will interact appropriately with DHA and its
       clients, and provide reliable and responsive maintenance services that represent best value for money. Successful Tenderers
       will join a panel of service providers to be established in various locations.

       Tenderers will be asked to nominate in their tender response which of the cleaning, floor covering cleaning and grounds
       maintenance packages that they are tendering for, and in which localities. Tenderers will be required to demonstrate that they
       are suitably qualified and experienced to perform the services, and that they have the capacity to undertake the work. Clear
       guidance is provided to Tenderers in the Request for Tender Document Set as to how tender responses are to be completed.

       DHA offers successful Tenderers:

       (a)     appointment to the RMS2009 panel for an three (3)year term, with an optional further term of (2) years.

       (b)     access to its substantial port folio of high-quality housing stock;

       (c)     distribution of work in accordance with service performance, availability and price; and

       (d)     payment of approved and correctly invoiced work within a maximum 30-day period from receipt of correctly rendered
               invoices.

       Appointment of the successful Tenderer to the RMS Panel means that the Tenderer is eligible to perform repairs and
       maintenance on any DHA property within the tendered locality in accordance with their specified trade speciality.

       DHA operates in an environment where as much business as possible is conducted electronically with minimal manual
       processing. DHA is developing an online management tool to assist in the tracking of maintenance transactions. This will be
       part of DHA Online Services and has an anticipated release of 2009. Service Providers will be required to access and utilise
       DHA's online interface to manage their RMS transactions during the proposed Contract term, including booking of
       Maintenance Items, completion of Maintenance Items and Invoicing.

       Contractors are encouraged to have available or to develop the capability to transact with DHA electronically. e.g. internet
       connectivity, for the transmission of Maintenance Items, invoices and notes. DHA will not make any additional payment to
       enable Contractors to achieve this requirement. Notwithstanding, DHA is prepared to conduct business via more traditional
       means such as email in the interim as necessary, on the understanding that successful Contractors are proactive in moving
       toward the establishment of electronic business transactions within a defined period to be agreed with DHA.

DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                       Page                   7
1.3    TIMINGS

       Key timings associated with this RFT are outlined in the following.

       (a)   Issue RFT – Saturday 2 May 2009

       (b)   Tenders Close – Friday 29 May 2009

       (c)   Tender Assessment Complete – Friday 12 June 2009

       (d)   Contracts Finalised and Awarded – Friday 19 June 2009

       (e)   Commencement Date for the Services – Wednesday 1 July 2009

       (f)   Expiration of Term for RMS Panel – three years from the Commencement Date for the Services.

       The Timetable set out in this clause is indicative only and DHA reserves the right to change or depart from it.

1.4    SCOPE OF SERVICES

       Under an agreement with the Department of Defence, DHA is required to provide specific house cleaning, floor covering
       cleaning and grounds maintenance services upon the vacation of Defence premises by Defence members who are being
       posted out, in order that the dwellings are of a suitable standard of internal and external cleanliness and presentation for the
       incoming Defence members and their families.

       These services may also be required in other circumstances also, such as in response to damage caused by natural disasters.

       Part 3 of this RFT Document Set outlines the Scope of Services for each of these maintenance areas.

1.5    ALLOCATION OF WORK

       DHA issues Maintenance Items for all work under the Deed of Agreement. Each Maintenance Item constitutes a separate
       authority for specific work to be completed by successful tenders. Tenderers should be aware that DHA gives no assurances
       about the volume of work that it will purchase from any one Contractor. DHA will seek to appoint a number of Contractors
       per trade to the Panel to service allocated localities. From time to time DHA may choose to alter the number of Contractors
       as business requirements dictate.

       Tenderers are to note that a higher incidence of housing vacancies arise over the “Peak Posting Period”. Tenderers will need
       to guarantee supply of goods and services at this time. Peak period is October through February each year.

1.6    OBTAINING THE TENDER DOCUMENTATION SET

       The Tender Documentation Set is available from AusTender, the online tendering system for Australian Government
       agencies. Guidelines for the downloading the Tender Documentation Set are provided in Part 2, Section 2.4.

1.7    STRUCTURE OF THE TENDER DOCUMENTS

       In compiling the tender documentation, it is DHA‟s intention to ensure that each of the component parts are easy to interpret
       and are structured in a logical manner. The complete documentation set associated with this RFT is known as the Tender
       Information Pack, and it considers of the following parts:

       (a)   Part 1 – General Information.

       (b)   Part 2 – Conditions of Tender – outline each of the requirements that tenders must observe in submitting a tender.

       (c)   Part 3 – Statement of Requirement – outlines the specific services that are being sought as a result of this tender
             process.

       (d)   Part 4 – Deed of Agreement – this is the contract document that is agreed between DHA and successful Tenderers for
             the performance of the services.

       (e)   Part 5 -Tender Response Forms – these are the various templates that tenders are to use in compiling their tender
             submission.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                          Page                    8
       DHA intends that all information necessary for Tenderers to provide a response to this RFT is contained within the Request
       for Tender Document Set. In the event that it is necessary to amend, add to, or delete information contained within the
       Request for Tender Document Set, DHA will issue this advice to Tenderers in the form of Addenda.

1.8    PREPARATION OF TENDERS

       Tenderers must complete each of the various sections of the six Tender Response Schedules contained in Part 5, as the basis
       of their proposal. The information sought in the Tender Response Schedules represents the Minimum Information
       Requirements for Tenders. Failure to complete any aspects of any of the Tender Response Schedules will mean that the
       Tenderer has to meet the Minimum Information Requirements, and will deem the tender non-confirming. DHA may not
       consider the tender further.

       The Tender Response Schedules (see Part 5) are as follows:

       (a)   Schedule 1 – Tenderer‟s Statement of Compliance and Declaration.

       (b)   Schedule 2 – Tenderer‟s Information.

       (c)   Schedule 3 – Tenderer‟s Understanding of the Requirement.

       (d)   Schedule 4 - Tenderer‟s Demonstrated Ability and Experience to Provide the Services.

       (e)   Schedule 5 – Tenderer‟s Capacity.

       (f)   Schedule 6 – Fee proposal.

       Further details regarding each of the specific response Schedules are provided in Part 2, Section 2.5, and Part 5.

       Questions regarding this tender should be directed to the specified email address for the appropriate region, as outlined at
       Appendix A to this Part 1.

       Tenderers must not communicate with or try to obtain information about this RFT from DHA staff or from any other
       Australian Government agency.

1.9    BEST OFFER

       DHA will be relying on the information in tenders and any extra clarifying information, as DHA may request, to evaluate
       tenders. Therefore, it is important that Tenderers provide their best offer to DHA.

1.10   LODGEMENT OF TENDERS

       Tenders are to be lodged in accordance with Part 2, Section 2.6.

1.11   EVALUATION OF TENDERS

       All tenders will be evaluated to determine which tender/s represents best value for money. Value for money means the best
       combination of guaranteed availability of proven, high-quality services and tendered price. Value for money does not
       necessarily mean the lowest price.

       It is essential that Tenderers note that their tender must meet the Minimum Requirements for Tenders , as outlined in Section
       1.8 above. DHA may not contract with a Tenderer that does not meet the Minimum Requirements for Tenders.

       A DHA Tender Evaluation Panel will assess each of the tenders in accordance with the following four-step process:

       (a)   Step 1 – Registration. After the Deadline for Lodgement, DHA will open the Tender Box and register all Tenders
             received. A Tender received after this time will be deemed to be a Late Tender, and may not be considered further.

       (b)   Step 2 – Screening. Tenders will be screened to identify those which have failed to meet the Minimum Information
             Requirements for Tenders, as outlined in Section 1.8 above. DHA may elect also not to consider these Tenders further.

       (c)   Step 3 – Evaluation of Responses. The Tenderer‟s Details provided in the Schedule 2 response will be reviewed, and
             the quality of responses provided in against Schedules 3, 4 and 5 will be evaluated.

       (d)   Step 4 – Value for Money Assessment. The “Value for Money” assessment takes into account the evaluation of
             Schedules 2, 3, 4 and 5 completed in the previous step in combination with the fees offered by the Tenderer.


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                  9
       As part of the evaluation process, DHA may undertake further checks of Tenderers. These checks may include information
       on the public record, and internal DHA records to further determine the Tenderer‟s ability to meet its obligations under the
       Deed of Agreement. If DHA considers any adverse information identified through this process, the Tenderer may be advised
       and invited to comment on the information. However, DHA reserves the right to no longer consider the tender.

1.12   UNINTENTIONAL ERRORS OF FORM

       If DHA considers there are unintentional errors of form in a tender, DHA may ask the Tenderer to correct or clarify the error.
       However, DHA will not permit any major alteration or addition to the tender. DHA may contact any Tenderer to correct
       errors in its tender.

1.13   NON-CONFORMING TENDERS

       DHA may accept or reject any tender that does not meet the Minimum Requirements for Tenders.

1.14   APPOINTMENT OF SUCCESSFUL TENDERER/S

       DHA will seek to execute contracts with successful Tenderers, which will confirm that the successful Tenderers accept the
       terms of the Request for Tender, its Conditions, Statement of Requirement and Deed of Agreement.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                      Page                 10
                       APPENDIX A TO PART 1 – RMS REGIONAL LISTING AND CONTACT DETAILS

 HMC /                  RMS                                       CONTACT EMAIL           POSTAL ADDRESS FOR RFT
                                         RMS REGION
 REGIONAL              REGION                                     ADDRESS FOR RFT              LODGEMENT
                                         DESCRIPTION
 OFFICE                 CODE                                         QUERIES
 ADELAIDE                 AC        ADELAIDE CENTRAL            SARMS09@dha.gov.au       125 Port Rd,
                                                                                          HINDMARSH SA 5007
                          AN        ADELAIDE NORTH              SARMS09@dha.gov.au
                          AS        ADELAIDE SOUTH              SARMS09@dha.gov.au
                                    ADELAIDE
                                                                SARMS09@dha.gov.au
                          AO        OUTSTATIONS
                          AP        PORT WAKEFIELD              SARMS09@dha.gov.au
 BRISBANE                 BB        BRISBANE                    SQRMS09@dha.gov.au       Ground Floor,
                                    CANUNGRA & GOLD                                      Suite 3-6 Highpoint Plaza,
                                                                SQRMS09@dha.gov.au       240 Waterworks Rd
                          BC        COAST
                                                                                         ASHGROVE QLD 4060
                          BR        ROCKHAMPTON                 SQRMS09@dha.gov.au
                                                                                         63-65 Bamford Lane,
 CAIRNS                                                         NQRMS09@dha.gov.au
                          TC        CAIRNS                                               KIRWAN QLD 4817
 CANBERRA                 CC        CANBERRA                    ACTRMS09@dha.gov.au      26 Mort St,
                                    CANBERRA                                             BRADDON ACT 2612
                                                                ACTRMS09@dha.gov.au
                          CO        OUTSTATIONS
 DARWIN                   DD        DARWIN                      NTRMS09@dha.gov.au       1 Carey St,
                                    DARWIN                                               DARWIN NT 0820
                                                                NTRMS09@dha.gov.au
                         1DO        OUTSTATIONS
 HUNTER                                                                                  Cnr Kangaroo and Adelaide Sts,
                                                                HunterRMS09@dha.gov.au
 VALLEY                   SC        NSW COAST                                            RAYMOND TERRACE NSW
                          SS        SINGLETON                   HunterRMS09@dha.gov.au   2324
                                    TAMWORTH & NSW
                                                                HunterRMS09@dha.gov.au
                          ST        COAST
                          SV        HUNTER VALLEY               HunterRMS09@dha.gov.au
                                                                                         Ground Floor,
                                                                                         Suite 3-6 Highpoint Plaza,
 IPSWICH                                                        SQRMS09@dha.gov.au
                                                                                         240 Waterworks Rd
                          BI        IPSWICH                                              ASHGROVE QLD 4060
 MELBOURNE                ME        MELBOURNE EAST              VICRMS09@dha.gov.au      Level 5,
                                                                                         181 Fitzroy St,
                          MF        FRANKSTON                   VICRMS09@dha.gov.au
                                                                                          ST KILDA
                         MG         GEELONG/BALLERINE           VICRMS09@dha.gov.au      MELBOURNE VIC 3182
                          MP        PUCKAPUNYAL                 VICRMS09@dha.gov.au
                          MS        SALE                        VICRMS09@dha.gov.au
                          MT        TASMANIA                    VICRMS09@dha.gov.au
                         MW         MELBOURNE WEST              VICRMS09@dha.gov.au
 NOWRA                    SN        NOWRA                       NowraRMS09@dha.gov.au    Suite 3, Level 2, Bridgeton House,
                                                                                         55-57 Berry St,
                          SW        WOLLONGONG                  NowraRMS09@dha.gov.au     NOWRA NSW 2541
                                    BROOME & RAAF                                        Unit 43, Level 1 Fremantle Malls,
 PERTH                                                          WARMS09@dha.gov.au
                          PB        BASE CURTIN                                          27-35 William St,
                          PC        PERTH CENTRAL               WARMS09@dha.gov.au       FREMANTLE WA 6160
                                    EXMOUTH &
                                                                WARMS09@dha.gov.au
                          PE        LEARMONTH
                          PG        GERALDTON                   WARMS09@dha.gov.au
                          PK        KARRATHA NW & O/S           WARMS09@dha.gov.au
                          PN        PERTH NORTH                 WARMS09@dha.gov.au
                          PO        PERTH OUTSTATIONS           WARMS09@dha.gov.au
                          PS        PERTH SOUTH                 WARMS09@dha.gov.au
                                                                                         11 – 15 Fitzmaurice St,
 RIVERINA                                                       RivRMS09@dha.gov.au
                         CW         WAGGA WAGGA                                          WAGGA WAGGA NSW 2650
                                                                                         83 Hume St,
                                                                RivRMS09@dha.gov.au
                          CA        ALBURY/WODONGA                                       WODONGA VIC 3690


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                           Page                11
 HMC /                  RMS                                                           POSTAL ADDRESS FOR RFT
                                         RMS REGION             CONTACT EMAIL         LODGEMENT
 REGIONAL              REGION
                                         DESCRIPTION            ADDRESS
 OFFICE                 CODE
 SYDNEY                   SH        HURSTVILLE                  SydRMS09@dha.gov.au   79 George St,
                                                                                      PARRAMATTA NSW 2150
                          SL        LIVERPOOL                   SydRMS09@dha.gov.au
                          SP        PENNANT HILLS               SydRMS09@dha.gov.au
                          SR        RICHMOND                    SydRMS09@dha.gov.au
                                    SYDNEY
                                                                SydRMS09@dha.gov.au
                          SO        OUTSTATIONS
 TINDAL                   DT        TINDAL                      NTRMS09@dha.gov.au    1 Carey St,
                                                                                      DARWIN NT 0820
                          DA        ALICE SPRINGS               NTRMS09@dha.gov.au
                                                                                      Ground Floor,
                                                                                      Suite 3-6 Highpoint Plaza,
 TOOWOOMBA                                                      SQRMS09@dha.gov.au
                                                                                      240 Waterworks Rd
                          BT        TOOWOOMBA                                         ASHGROVE QLD 4060
 TOWNSVILLE               TT        TOWNSVILLE                  NQRMS09@dha.gov.au    63-65 Bamford Lane,
                                                                                      KIRWAN QLD 4817
                          TI        THURSDAY ISLAND             NQRMS09@dha.gov.au
                          TW        WEIPA                       NQRMS09@dha.gov.au
                                    TOWNSVILLE
                                                                NQRMS09@dha.gov.au
                          TO        OUTSTATIONS




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                        Page               12
                                     Request for Tender
                         For the Appointment of Contractors to the
                 Residential Maintenance Services Panel (RMS2009)


                                     Cleaning Services
                              Floor Covering Cleaning Services
                               Grounds Maintenance Services

                                            DHA RFT No. 170


                                                      Part 2
                                Conditions of Tender




DHA Request for Tender for Appointment of Contractors to the RMS Panel -   Page   13
2.     CONDITIONS OF TENDER

2.1    INTERPRETATION

       Meaning of Words

       (a)   The meanings of key terms used in this Request for Tender are contained in Definitions Part 1. Except where they do
             not make sense, where those words are used in this Request for Tender and in tenders, they will be interpreted
             according to these definitions.

       (b)   If words are not defined in this Request for Tender, they will be interpreted according to their usual legal definition or,
             if there is no legal definition, according to their usual dictionary meaning.

2.2    RANKING OF PARTS OF THIS REQUEST FOR TENDER

       If there is an inconsistency between any parts of the Request for Tender, then the part listed first below will have priority
       over those parts that are listed underneath them:

       (a)   Part 2.   Conditions of Tender.

       (b)   Part 4.   Deed of Agreement.

       (c)   Part 3.   Statement of Requirement (SOR).

       (d)   Part 1.   General Information.

2.3    AGREEMENT WITH TERMS AND CONDITIONS & DEED OF AGREEMENT

       By submitting a tender, Tenderers acknowledge and agree to all parts contained within the Request for Tender. Tenderers
       must not alter, change or delete any part of this Request for Tender, as this will constitute a non-conforming tender.

2.4    OBTAINING THE TENDER DOCUMENTATION SET

       The Tender Documentation Set is available from AusTender, the online tendering system for Australian Government
       agencies.

       AusTender is the online tendering system for Australian Government agencies. AusTender allows tenderers to download
       RFT documentation, with submission of tender being manually to DHA to postal addresses defined in Appendix A to Part 1.
       Tenderers must first register with AusTender at https://www.tenders.gov.au.

       Access to and use of AusTender is subject to terms and conditions. Tenderers must agree to comply with those terms and
       conditions and any applicable instructions, processes, procedures and recommendations as advised on AusTender.

       It is the tenderer's responsibility to ensure that its infrastructure including operating system and browser revision levels meets
       the minimum standards as defined on AusTender. Neither DHA nor the Commonwealth take any responsibility for any
       problems arising from a tenderer's infrastructure and/or internet connectivity.

       By using AusTender, tenderers acknowledge that, although the Commonwealth has implemented the security measures
       described on AusTender, the Commonwealth does not warrant that unauthorised access to information and data transmitted
       via the internet will not occur.

       Tenderers must inform themselves concerning all security measures and other aspects of the AusTender technical
       environment. Tenderers must make their own assessment of the AusTender system before using it for any matter related to
       this RFT and no responsibility will be accepted by DHA arising in respect of any use or attempted use by any party of
       AusTender.

       All queries and requests for technical or operational assistance in downloading must be directed to:

             AusTender Help Desk
             Telephone: 1300 651 698
             Email: tenders@finance.gov.au



DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                  14
       The AusTender Help Desk is available between 9am and 5pm, Monday to Friday (excluding ACT and national public
       holidays).

       If required, DHA can make available a printed copy of the Request for Tender Document Set for collection at the appropriate
       DHA Offices, at a cost of $30. Requests for printed copies of the Tender Document Set are to be forwarded to the email
       address nominated at Appendix A to Part 1.

2.5    PREPARATION OF TENDER RESPONSES

       Tenderers must complete each of the various sections of the six Tender Response Schedules contained in Part 5, as the basis
       of their proposal. The information sought in the Tender Response Schedules represents the Minimum Information
       Requirements for Tenders. Failure to complete any aspects of any of the Tender Response Schedules will mean that the
       Tenderer has to meet the Minimum Information Requirements, and will deem the tender non-confirming. DHA may not
       consider the tender further.

       The Tender Response Schedules (see Part 5) are as follows:

       (a)   Schedule 1 – Tenderer‟s Statement of Compliance and Declaration. This schedule requires the Tenderer to
             acknowledge that they understand the terms and conditions contained in the Tender Document Set, that no improper
             conduct has been entered into in the preparation of the tender, and the Addenda that they have received.

       (a)   Schedule 2 – Tenderer‟s Information. This schedule requires the Tenderer to outline the general details of the
             Tenderer‟s type of business, the RMS services that they are nominating for, ABN/ACN, licence and insurance details,
             contact personnel, address information, bank details and the like. Tenderers must include details of current insurance
             policies (name of insurer, levels of insurance and expiry date); and licensing details (where applicable) in their tender.
             Tenderers are to note that they must either have in place, or demonstrate that they are able to obtain, Public Liability
             Insurance to a minimum level 0f $10 million in cover.

       (b)   Schedule 3 – Tenderer‟s Understanding of the Requirement. This schedule requires the Tenderer to outline their
             appreciation of the services being sought, including how the Tenderer will benefit DHA‟s requirement to provide high
             a standard of housing to members of the ADF and their families, how they will approach their work in general terms,
             their approach to interacting with DHA and Defence personnel, and how they will assure quality and safety in the
             approach to their work.

       (c)   Schedule 4 - Tenderer‟s Demonstrated Ability and Experience to Provide the Services. This schedule requires the
             Tenderer to provide information regarding , their company background, previous and/or current work performed for
             DHA or other customers, and the contact details of at least two referees who can comment on the Tenderer‟s work.

       (d)   Schedule 5 – Tenderer‟s Capacity. This schedule requires Tenderer‟s to nominate the regions in which they propose to
             operate in the provision of services under this RFT, provide details of their personnel and equipment, and their ability
             to meet the fluctuating demand for their services as a result of the Defence posting cycle.

       (e)   Schedule 6 – Fee proposal – This schedule requires Tenderers to outline their fees against each of the Schedule of Rates
             items listed against the RMS services packages that they are nominating for.

       Questions on this tender should be directed to the specified email address for the appropriate region, as outlined at Appendix
       A to Part 1 (see also Section 2.10 Responsibility of the Tenderer and Section 2.11 Further Information from DHA below).

2.6    LODGEMENT

       All tenders are to be lodged so that they are received at the appropriate DHA Housing Management Centre / Regional Office
       in accordance with The Deadline for Lodgement outlined in Section 2.7 below. DHA may at its discretion, extend the
       Deadline for Lodgement. Notification of decision to extend will be provided via the issue of an addendum.

       Tenders may be hand delivered, or delivered by post. Tenders must be enclosed in an envelope or other suitable packaging
       and addressed to the relevant Housing Management Centre / Regional Office as per the details provided in the table at
       Appendix A to Part 1. For example Adelaide areas AC, AN, AS are to be addressed: Defence Housing Australia, RFT170.
       125 Port Street, HINDMARSH SA 5007.

       Tenderers are to lodge one hard copy original of their Tender, as well as any supporting information. Additional hard copies
       or electronic copies of the Tender are not required.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                 15
2.7    DEADLINE FOR LODGEMENT

       All Tenders are to be lodged so that they are received at the Tender Box at in accordance with Section 2.6 above on or before
       4:00pm local time for tendered area on Friday 29th May 2009.

       Tenderers that post their tenders are to allow sufficient time to ensure that the Tender is received into the Tender Box by the
       Deadline for Lodgement. Any Tenders received after this time will be deemed late, and may not be considered further by
       DHA.

2.8    FORM OF TENDER

       Tenderers must complete all the Tender Response Schedules at Part Five (5) of the Request for Tender.

2.9    DHA‟s RIGHTS

       DHA reserves the right (at its sole discretion) at any time to:

       (a)   change any part of this Request for Tender, its structure and timing, or the process outlined in this Request for Tender
             by giving the Tenderers reasonable written notice of the alteration or amendment;

       (b)   suspend, vary or terminate this RFT or any part of it;

       (c)   require additional information or clarification from any Tenderer or anyone else, or provide additional information or
             clarification;

       (d)   negotiate with any one or more Tenderers;

       (e)   call for new tenders;

       (f)   accept or reject any tender received after the deadline;

       (g)   negotiate with any person who is not a Tenderer, (after the deadline) and enter into a Deed of Agreement in relation to
             DHA's requirement under this Request for Tender with that person, on any terms as DHA accepts;

       (h)   terminate further participation in the RFT process, including any negotiations, by any Tenderer for any reason,
             regardless of whether the tender submitted conforms with the requirements of the Request for Tender;

       (i)   seek variations to a tender or supplementary offers in respect of any changes to the originally stated requirements;

       (j)   waive or vary any obligation of any Tenderer under the Deed of Agreement;

       (k)   add to, alter, delete, or exclude any of the RMS work to be purchased by DHA under this Request for Tender;

       (l)   publish the business name of successful Tenderers;

       (m) allow or not allow a related body corporate within the meaning of the Corporations Act 2001 (Cth) to take over a tender
           in substitution for the original Tenderer in the RFT process;

       (n)   enter into a number of separate Deeds of Agreement with different Tenderers or other parties for the supply of materials
             or provision of individual RMS services required under this Request for Tender;

       (o)   Reallocate properties between localities as and when any deficiencies occur in the panel of Contractors. Reallocation
             may be due to shifts in property numbers, demographic changes or geographic alterations. No costs may be recovered
             from DHA if reallocation occurs; and

       Despite references to time or date in this Request for Tender DHA is not required to do anything on that time or date, or
       provide any reasons for doing or not doing anything on that time or date.

       Tenderers will have no claim against DHA with respect to the exercise of, or failure to exercise, DHA's rights under this
       Request for Tender.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                  16
2.10   RESPONSIBILITY OF THE TENDERER

       Tenderers are deemed to have acknowledged that, in lodging its tender they:

       (a)   have examined, taken appropriate advice on, and fully understand this Request for Tender and all requirements referred
             to in it;

       (b)   have examined, taken appropriate advice on and understood any information made available in writing by DHA to
             Tenderers for the purpose of completing the tender;

       (c)   have examined all further information which is obtainable (whether obtained from DHA or not) by making reasonable
             enquiries relevant to the risks, contingencies and other circumstances having an effect on the tender;

       (d)   are satisfied as to the correctness and sufficiency of the tender response including proposed prices; and

       (e)   agree that DHA is not responsible for any costs or expenses incurred by the Tenderer or any other person in responding
             to or taking any other action in relation to the RFT process whether or not DHA exercises any of its rights under this
             Request for Tender.

2.11   FURTHER INFORMATION FROM DHA

       (a)   Questions on this tender should be directed to the specified email address for the appropriate region, as outlined at
             Appendix A to Part 1. Tenderers must not communicate with or try to obtain information about this RFT from DHA
             staff or from any other Australian Government agency.

       (b)   Tenderers should note that their personal details will remain confidential.

       (c)   DHA's responses to requests for further information from Tenderers will be provided as promptly as possible. If
             considered necessary, an interview may be arranged to discuss the enquiry, with the Tenderer.

       (d)   If DHA amends this RFT (including by adding to, altering, deleting or excluding DHA‟s technical requirements,
             changing the structure and timing of the RFT process or varying or extending any time or date in this RFT), it will issue
             an addendum. Tenderers must submit their tenders in accordance with this RFT as amended by any addenda.

       (e)   All conditions of this RFT will apply to addenda unless amended in the addenda.

       (f)   DHA will make reasonable efforts to inform Tenderers of addenda in accordance with this Section 2.11.

       (g)   Tenderers may be informed by addenda posted on the AusTender page for this RFT.

       (h)   Tenderers who have registered and downloaded the RFT documentation will be notified by AusTender via email if an
             addendum is issued. It is in the interests of Tenderers to ensure they have correctly recorded their contact details before
             downloading the RFT documentation. If Tenderers have not recorded their details correctly, they should amend their
             details and download the RFT documentation again.

       (i)   If a tenderer has obtained the RFT documentation other than from AusTender, it should visit AusTender, register as a
             user and download the RFT documentation.

       (j)   Tenderers are required to log in to AusTender and collect addenda as notified.

       (k)   The Commonwealth accepts no responsibility if a Tenderer fails to become aware of any addendum which would have
             been apparent from a visit to the AusTender page for this RFT.

       (l)   All queries and requests for technical or operational assistance in downloading must be directed to:

       (m) AusTender Help Desk

       (n)   Telephone: 1300 651 698

       (o)   Email: tenders@finance.gov.au

       (p)   The AusTender Help Desk is available between 9am and 5pm, Monday to Friday (excluding ACT and national public
             holidays).


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                 17
2.12   CONFLICT OF INTERESTS

       (a)   Where a Tenderer identifies that a conflict of interest may arise in the provision of the RMS work, it must detail that
             potential conflict of interest in its tender.

       (b)   If, at any time the Tenderer identifies an actual or potential conflict of interest, that Tenderer must immediately notify
             DHA in writing.

       (c)   If any conflict of interest is identified at any time before entering into the Deed of Agreement or any other agreement
             for the provision of the RMS work, DHA may, at its sole discretion:

             (i)     enter into discussions to with a view to resolving such conflict of interest;

             (ii)    exclude the tender submitted by such a Tenderer from further consideration; and

             (iii)   Take any other action, as DHA considers appropriate.

2.13   TENDERER CONDUCT

       (a)   False and Misleading Claims – Where a Tenderer is found to have made false or misleading claims or statements, DHA
             reserves the right to reject, at any time, any tender lodged by or on behalf of the Tenderer. Tenderers should note that
             giving false or misleading information could be an offence.

       (b)   Collusive Tendering – DHA may reject any tender if it thinks that the Tenderer has colluded with people to try to
             improve their position or done anything else that reduces competition or is against the law.

2.14   SITE VISITS

       DHA may choose to conduct a visit of a place of business (or place of work) to clarify the Tenderers information. DHA will
       give reasonable notice to the Tenderer regarding any visit. The Tenderer must reply to DHA's request for a site visit within
       five business days of receipt of the request from DHA. If applicable, the Tenderer reply must detail the location(s) and
       suitable time(s) for DHA's site visit.

2.15   JOINT TENDERS

       DHA invites franchises to consider this tender. However, DHA will not consider Joint Tenders.

2.16   ALTERNATE TENDERS

       While DHA invites the Tenderer to supply attachments to the tender response these attachments should not offer any
       additional services that DHA does not require.

2.17   AMENDMENTS TO THE REQUEST FOR TENDER

       (a)   If a Tenderer thinks it has found a mistake in the Request for Tender or any information provided by DHA, or if
             something is missing from the Request for Tender or any other information provided by DHA, the Tenderer must
             immediately (or as soon as possible) notify DHA in accordance with the contact details provided Appendix A to part 1,
             giving details so that DHA can take appropriate action. DHA may tell all other Tenderers about the mistake or
             omission and allow them to alter their tender or to submit a subsequent tender.

       (b)   If DHA wants to make any change or provide any additional information about the Request for Tender then it will do
             so in a formal written document called an „addenda‟, which it will provide to all Tenderers. Tenders should not rely on
             any changes to the Request for Tender unless they are included in an addendum. Information in any addenda becomes
             part of the Request for Tender.

       (c)   By submitting a tender, the Tenderer

             (i)     acknowledges that, in negotiating with any Tenderer, DHA may seek to change any terms of the Request for
                     Tender (including the Deed of Agreement) or the Tenderers tender, whether relating to the scope of the RMS
                     work, price or otherwise; and

             (ii)    Promises that it will not bring any claim against DHA arising out of or in connection with any changes sought in,
                     or made because of the negotiations referred to in clause 2.16(c)(i).

DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                  18
2.18   GOVERNING LAW

       This tender is governed by and constructed in accordance with the law of Australian Capital Territory. The Parties submit to
       the jurisdiction of the Federal Court of Australia.

2.19   FURTHER INFORMATION FROM TENDERERS

       (a)   Clarification of tenders – DHA reserves the right to seek clarification in relation to any ambiguity or uncertainty in the
             tender. DHA may also request a site visit of the facilities of Tenderers, (Clause 2.144), interview their proposed sub
             Contractors and / or referees, or clarify part(s) of the tender. DHA may also require written clarification from a
             Tenderer.

       (b)   Additional information – DHA may require a Tenderer to submit additional information about the Tenderer to allow
             further consideration of its tender. DHA may also obtain additional information from any other source.

       (c)   Tenderer's representative – Each Tenderer is required to nominate an authorised contact person to answer queries that
             may arise during the evaluation of tenders. Full contact details including the name, title, address, telephone and
             facsimile numbers of that person should be included in the tender response.

       (d)   Response required in writing – Where it is necessary for DHA to direct specific queries to Tenderers during the
             evaluation process, the Tenderer will, unless otherwise instructed by DHA, be required to respond in writing to all such
             queries made by DHA within two Business Day after the Tenderer's receipt of the query. All responses must be
             forwarded to DHA in accordance with the contact details provided at Appendix A to Part 1.

       (e)   Alteration of tender – Where any clarification materially alters the Request for Tender, DHA may decide not to admit
             the clarification for evaluation.

       (f)   Reliance on information not clarified – DHA is entitled to rely on the information as provided in the tender where
             answers to clarification questions are not provided within the specified timeframe.

       (g)   Failure to submit information requested by DHA – If the Tenderer fails to submit any of the information required,
             DHA may treat the relevant part of that tender as non-conforming , which in turn may result in that tender being
             excluded from any further considerations, or affect the assessment applied to the part of the tender.

2.20   NOTIFICATION OF OUTCOME

       (a)   Selection and engagement – Tenderers will be advised as soon as practicable, as to whether or not they have been
             selected as a preferred Tenderer for appointment to the RMS Panel. DHA will at its sole discretion determine the
             number of preferred Tenderers selected for appointment to the RMS Panel depending on DHA's business requirements.

       (b)   Announcement of each successful Tenderer does not constitute acceptance of the tendered offer and appointment to the
             RMS Panel. Successful Tenderers will only be appointed to the RMS Panel when both Parties have executed the Deed
             of Agreement.

       (c)   Unsuccessful Tenderers – DHA will inform unsuccessful Tenderers in writing. DHA may request that the tender be
             held open for a further period of 12 months.

2.21   DEBRIEFING OF TENDERERS

       Debriefings will be offered upon written request and after the engagement of successful Tenderers. No confidential
       information about other Tenderers will be disclosed.

2.22   FINANCIAL & BUSINESS REPORTS

       In responding to this Request for Tender, the Tenderer consents to and authorises DHA to obtain, or use external advisers to
       obtain, independent financial and business reports on Tenderers to check that a Tenderer‟s business is viable and that it will
       be able to perform the required services. DHA will not provide that information to anyone other than DHA and its advisors.

2.23   DOCUMENT OWNERSHIP

       All tender documents become the property of DHA on submission. DHA may make copies of the tender documents for any
       purpose related to the tender.


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                 19
2.24   INTELLECTUAL PROPERTY

       (a)   Ownership of intellectual property rights in Request for Tender documents – Any intellectual property rights as may
             exist in any information (including the Request for Tender) issued or to be issued by or on behalf of DHA in relation to
             or in connection with the RFT process will remain the property of DHA. However, Tenderers are permitted to use such
             information for preparing tenders and, in the case of successful Tenderers, accepting the agreement with DHA.

       (b)   Property of Tenderers – Any intellectual property rights as may exist in the Tender Response Forms will remain the
             property of the Tenderer.

       (c)   Licence to use tender material – The Tenderer licenses DHA and any other Australian Government representatives or
             agencies to copy, adapt, modify, disclose or do anything else necessary (at DHA's sole discretion) to all material
             contained in the tender for any reason relating to the purposes of this RFT process; and for auditing and complying with
             governmental and parliamentary reporting requirements.

2.25   PROTECTION OF TENDERER INFORMATION

       (a)   Restriction

             (i)      Where the Tenderer believes that information provided in response to this Request for Tender is, or should be,
                      confidential; or

             (ii)     where disclosure of this information would unreasonably affect the Tenderer's personal privacy; or

             (iii)    where disclosure of this information would unreasonably affect the Tenderer's business affairs,

                     it should clearly mark any documents containing the information as "confidential" or "commercial-in-confidence".
                     DHA cannot guarantee that it will be able to keep the information confidential, because it may use it as allowed by
                     clause 2.24(c) and may have to provide such information to anyone who asks for it under the “Freedom of
                     Information Act 1982”.

       (b)   DHA‟s decision

             (i)      DHA decides whether a Tenderer's information should be protected.

             (ii)     If the Tenderer has identified any of its tender as “confidential” or "commercial-in-confidence" and DHA will not
                      treat it as "confidential" or "commercial in confidence" then DHA will notify the Tenderer of its decision.

2.26   RETURN OF INFORMATION

       DHA may, at any time, ask the Tenderer to return or destroy all written information provided to the Tenderer and all copies
       of that information. The Tenderer must promptly do as it is asked and confirm in writing that it has done so.

2.27   LANGUAGE AND MEASUREMENT

       All tenders and supporting material must be stated in English and all measurements in Australian legal units of measurement.

2.28   PROPOSED PRICES

       (a)   All prices specified in the tender must be stated in Australian currency, and must be inclusive of all fees, charges,
             disbursements, taxes and all other costs that may be generated in the performance of the RMS work.

       (b)   Proposed prices will be firm for the period of the Deed of Agreement, but will include annual indexation.

       (c)   In the tender evaluation process DHA may, conduct a base line comparison of tenders.

2.29   GOODS & SERVICES TAX (GST)

       (a)   All tendered prices are deemed to include GST.

       (b)   Where the Tenderer is registered for GST, all cost rates, fees and charges will include GST.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                          Page                 20
       (c)   Tenderers should be aware that under the “A New Tax System (Goods and Services Tax) Act 1999” (Cth) (the "GST
             legislation") DHA is treated as an enterprise. This means that DHA is liable for Goods and Services Tax ("GST") on
             any taxable supplies it makes, and may be entitled to claim input tax credits for its creditable acquisitions.

             The implications of the GST for the Contractor include:

             (i)     all contracts that the Contractor enters into in relation to the provision of RMS work must include GST in their
                     pricing;

             (ii)    all prices for the provision of RMS work must include GST and Tenderers must indicate (in brackets) the total
                     amount of GST included in prices; and

             (iii)   Invoices for RMS work issued by the Contractor must comply with the GST legislation requirements for a "tax
                     invoice" in order to obtain payment from DHA, with the amount of GST clearly indicated by the Contractor on
                     the invoice.

       (d)   Where the Tenderer is not registered for GST the Tenderer must clearly show “NO GST” on all invoices.

2.30   NO LIABILITY

       (a)   Compensation

             The Tenderer participates in this RFT process entirely at its own risk and cost. DHA is not liable to Tenderers for any
             reason arising out of the RFT process, including termination, variation or during suspension of the RFT process. DHA
             will not be liable to any Tenderer on any basis including on the basis of any promissory estoppels, quantum meruit or
             on any other contractual, quasi contractual or restitutionary grounds whatsoever or in negligence as a consequence of
             any matter or thing relating or incidental to a Tenderer's participation in the RFT process, or because:

       (b)   a Tenderer is not engaged to provide the RMS work,

             (i)     DHA varies or terminates the RFT process or any negotiations with a Tenderer,

             (ii)    DHA exercises or fails to exercise any of its other rights under or in relation to this Request for Tender.

       (c)   Cost of tendering

             The tender must pay the cost of tendering. DHA is not liable for any expense, cost, loss or damage incurred by a
             Tenderer, or any other person, that may be incurred in preparing any tender, or taking any other action in relation to this
             Request for Tender, whether or not that expense, cost, loss or damage arises as a result of DHA exercising its rights
             under this Request for Tender. This includes the charge of $30 that would apply should the Tenderer elect to collect a
             hard copy of the Tender Document Set from the appropriate DHA Offices.

2.31   NO CONTRACT OR UNDERTAKING

       Nothing in this Request for Tender or in any tender will be construed as to give rise to contractual obligations, express or
       implied, between DHA and any Tenderer. Neither the lowest priced tender nor any tender will necessarily be accepted by
       DHA. No agreement will be created in relation to a tender until the Deed of Agreement is executed between DHA and the
       Tenderer. Any conduct or statement whether prior to or subsequent to the issue of this Request for Tender is not, and this
       Request for Tender is not, and must not be deemed to be:

       (a)   an offer to contract; or

       (b)   A binding undertaking of any kind by DHA (including, without limitation, an undertaking that could give rise to quasi-
             contractual rights, promissory estoppel, or rights with a similar legal basis).

2.32   FURTHER AGREEMENT BY TENDERER

       (a)   Tenderers are required to indicate their compliance or otherwise with the requirements of this Request for Tender
             (including their compliance or otherwise with the Deed of Agreement).

       (b)   All or any part of a tender (including any subsequent written or verbal clarifications or representations as agreed by
             DHA) will be incorporated into the Deed of Agreement.

       (c)   Tenderers will be deemed to have obtained their own advice and inform themselves on the impact of the requirements,
             and all other, legislation on their participation in this RFT.


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2.33   AUSTRALIAN GOVERNMENT REQUIREMENTS

       (a)   Freedom Of Information

             The attention of Tenderers is drawn to the Freedom of Information Act 1982, which gives members of the public rights
             of access to official documents of DHA and its agencies. The Freedom of Information Act 1982 extends as far as
             possible the right of the Australian community to access information (generally documents) in the possession of DHA,
             limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and
             business affairs of persons in respect of whom information is collected and held by departments and public authorities.
             If Tenderers wish to protect sensitive business information those parts should be marked as "commercial-
             in-confidence" (and will be subject to the provisions this Request for Tender).

       (b)   Equal Employment

             It is an Australian Government policy requirement not to purchase goods and services from a Contractor that does not
             comply with the Equal Opportunity for Women in the Workplace Act 1999. A tender from a Tenderer who, at the
             deadline, is named under the Act as having failed to comply with the Act, will not be considered unless, within 10
             Business Days after the deadline, the Tenderer produces to DHA written confirmation from the Equal Opportunity for
             Women in the Workplace Agency that it complies with the Act.
             Tenderers must state whether they are currently named as not complying with the Equal Opportunity for Women in the
             Workplace Act 1999. Where subContractors are specified in the tender, Tenderers are to indicate whether
             subContractors are named as not complying with the Act.
             The Equal Opportunity for Women in the Workplace Act 1999 (Cth) came into effect on 1 January 2000, renaming and
             updating the Affirmative Action (Equal Employment Opportunity for Women) Act 1986. It requires that private sector
             companies, Community organizations, Non-government schools, Unions, Group training companies and Higher
             education institutions with 100 or more people to establish a workplace program to remove the barriers to women
             entering and advancing in their organization.

       (c)   Privacy

             Tenderers are advised that it is Australian Government policy to ensure that there is no loss of privacy protection when
             an Australian Government body contracts for the delivery of goods or services. Successful Tenderer/s will need to
             agree in the Deed of Agreement to comply with the Privacy Act 1988 (Cth), including the Information Privacy
             Principles, even where there may be no legislative requirement to do so.

             Tenderers should also be aware that the Privacy Act 1988 (Cth), as amended from 21 December 2001, establishes a
             national scheme providing, through codes of practice adopted by private sector organisations and the National Privacy
             Principles, for the appropriate collection, holding, use, correction, disclosure and transfer of personal information by
             private sector organisations.

       (d)   Australian National Audit Office

             The attention of Tenderers is drawn to the Auditor General Act 1997 (Cth), which provides the Auditor-General or an
             authorised person with a right to have, at all reasonable times, access to information, documents, and records. The
             Auditor-General is the auditor of DHA.

             In addition to the Auditor-General's powers under the Auditor-General Act 1997 (Cth), if a Tenderer is chosen to enter
             into a Deed of Agreement, the Tenderer will be required to provide the Auditor-General or an authorised person, access
             to information, documents, records and DHA's assets, including those on the Tenderer's premises. This will be required
             at reasonable times, on giving reasonable notice, for the purpose of carrying out the Auditor-General's functions, and
             will be restricted to information and assets which are in the custody or control of the Tenderer, its employees, agents or
             subContractors, and which are related to the Deed of Agreement and each contract entered into under the Deed. Such
             access will apply for the term of the Deed of Agreement and for a period of seven (7) years after the date of expiration
             or termination of the Deed of Agreement and each contract entered into under the Deed of Agreement.

       (e)   Public accountability

             Tenderers should note that DHA, as a statutory authority, has certain public accountability requirements including
             obligations to disclose information to Parliament or Parliamentary Committees. Tenderers are also to note that where
             DHA requires, the Tenderer must explain any or all invoices submitted by the Contractor. The Contractor should
             provide to DHA such assistance as it requires to explain the invoice.

       (f)   Australian and New Zealand Supplies Policy

             (i)   Value for money considerations




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                     DHA has directed its officers to give fullest consideration in their purchasing to Australian and / or New Zealand
                     made goods and associated services where they represent value for money.

             (ii)    Tenders not to exclude Australian and New Zealand products.

             To this end, DHA has directed its officers not to draw up purchasing specifications (including technical, performance
             and delivery requirements) to exclude Australian and New Zealand products that are suitable for, or reasonably
             adaptable to, DHA's needs, or to evaluate tenders in a manner, which is biased against Australian and New Zealand
             Tenderers.

       (g)   Health, safety and environment.

             The Tenderer as Contractor will be required to comply and ensure that its personnel always comply with all applicable
             laws relating to health, safety and the environment

       (h)   Security Requirements

             The Tenderer as Contractor will be required to comply with all security arrangements existing within the Australian
             Government, Department of Defence ('Defence') relevant to the provision of the services and, if necessary, obtain
             appropriate security clearances.

       (i)   Defence access (Department of Defence owned properties)

             The Tenderer as Contractor must, at all reasonable times:

             (i)     upon Defence providing not less than 48 hours notice and reasons for requiring access, give to Defence, or to any
                     persons authorised in writing by Defence, access to premises where the services are being undertaken; and

             (ii)    permit Defence and those persons to:

                     (A) Watch the services being provided; and

                     (B)   Inspect and copy all material and accounts, records, documents and procedures relating to the services
                           including the books of account.

2.34   NOTIFICATION OF DHA NON COMPLIANCE

       Tenderers that consider the above directions are not being followed by DHA should contact DHA in accordance with the
       contact details provided at Appendix A to Part 1.

2.35   DISCLAIMERS

       (a)   Accuracy of this Request for Tender

             DHA has made reasonable efforts to check the accuracy of information provided in this Request for Tender. DHA does
             not, and cannot, accept any responsibility or liability for any inaccuracy or incompleteness or omission of any
             information whatsoever (whether written or oral) given in this Request for Tender. In these circumstances, Tenderers
             accept that DHA,

             (i)     accepts no responsibility or liability for any inaccuracy or incompleteness of any information referred to above;

             (ii)    does not represent that they apply any expertise on behalf of any Tenderer or any interested party;

             (iii)   to the fullest extent permitted by law, excludes all liability howsoever arising (including in negligence), to any
                     person or Tenderer in connection with this Request for Tender or its process or any information referred to above;

             (iv)    makes no express or implied representation, warranty or promise that any estimate or forecast will be achieved or
                     any future event whatsoever that may relate to or impact on the RMS work or this Request for Tender will, or will
                     not, occur;

             (v)     accepts no liability for any loss, damage, cost or expense incurred or sustained by any person as a direct or
                     indirect consequence of any reliance placed on any information referred to above; and

             (vi)    Assumes no duty of disclosure to or duty to look after the interests of any interested party.



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       (b)   Tenderers' responsibility

             This Request for Tender contains information concerning DHA and its service needs. It has been prepared for the sole
             use of Tenderers in deciding whether to proceed with a tender or undertake further investigation of the opportunity.
             This Request for Tender does not, and does not purport to, contain all the information that an interested Tenderer would
             desire, or require, to assess the opportunity for the provision of the RMS services. Tenderers should independently
             satisfy themselves as to the accuracy of this Request for Tender and the information it contains. Tenderers should
             conduct their own enquiries, investigations, analysis and appraisal of, and should seek appropriate professional advice
             about this Request for Tender, including:

             (i)    the RMS work to be provided; and

             (ii)   Any assumptions, uncertainties and contingencies, which may affect DHA's future business.

       (c)   No material change

             Neither the delivery of this Request for Tender nor any other agreement made based on this Request for Tender may be
             taken to imply that the affairs of DHA, as and from the date of issue of this Request for Tender, will necessarily remain
             substantially the same. By submitting a tender, Tenderers acknowledge that machinery of government and other such
             changes may have an impact on the affairs of DHA at any time.

       (d)   No recommendation or advice

             This Request for Tender does not constitute any sort of recommendation, nor does it include any investment or tax
             advice.

       (e)   No obligation to Tenderer

             DHA will have no obligation to any Tenderer unless and until the execution of the Deed of Agreement by both Parties.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                       Page                 24
                                     Request for Tender
                         For the Appointment of Contractors to the
                 Residential Maintenance Services Panel (RMS2009)


                                     Cleaning Services
                              Floor Covering Cleaning Services
                               Grounds Maintenance Services

                                            DHA RFT No. 170


                                                      Part 3
                        Statement of Requirement




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3.     STATEMENT OF REQUIREMENT

       This Statement of Requirement describes the specific maintenance services that DHA is seeking from suitably qualified
       persons or organisations, for Cleaning Services, Floor Covering Cleaning Services and Grounds Maintenance Services.

3.1    GENERAL REQUIREMENTS FOR ALL TRADES

       (a)   Compliance and Approvals, Contract Materials and Workmanship

             The Contractor must perform all maintenance services in accordance with the current codes of practice that apply to the
             trade type and service being performed. Contractors must adhere to all applicable aspects and regulations, codes of
             practice and guidelines including:

             (i)     Requirements in the Building Code of Australia.

             (ii)    Standards issued by Standards Australia.

             (iii)   Requirements of statutory authorities.

             (iv)    State, Territory and Local Government requirements.

             (v)     Industry Codes.

             (vi)    Manufacturer's specifications and recommendations.

             (vii) Requirements set out in this Statement of Requirement.

             (viii) Occupational Health and Safety requirements.

             (ix)    Requirements set out in the National Code of Practice for the Construction Industry.

       (b)   The Contractor must perform the work in a timely fashion and in line with the Key Performance Indicators, outlined in
             Section 3.13.

       (c)   Emergency Maintenance

             (i)     To respond to Emergency Maintenance requests when called upon; and

             (ii)    To complete Emergency Maintenance requests within 24 hours.

                     Emergency maintenance includes any request for maintenance arising from a failure of any one of the essential
                     amenities, or that affects the immediate health, safety or security of DHA tenants. This service includes but is not
                     limited to the following:
                     (I)       burst water pipe or no water
                     (II)      serious flooding
                     (III)     sewer blockage
                     (IV)      complete loss of power, electrical faults;
                     (V)       wet lights and power fittings (internal)
                     (VI)      gas leaks
                     (VII)     fire storm damage
                     (VIII)    loss of toilet facilities
                     (IX)      Essential amenities which are:
                                hot water service
                                heating or air conditioning
                                oven or hotplates


       (d)   Responsive and Routine maintenance

             (i)     Contact the DHA Client within 48 hours of receiving the Maintenance Item;

             (ii)    Maintenance Items must be completed within 28 days; and

             (iii)   Submission of correctly rendered invoicing within 14 days of the completion of the Maintenance Item.

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                     Refer to the Minimum Standards within the Key Performance Indicators

                     Routine maintenance means maintenance required to a residence in respect of deterioration, defect or damage but
                     excludes Emergency Maintenance, outlined in Section 3.1.

       (e)   Contractors should, where possible avoid the need for return visits by ensuring all tools; materials and parts are on
             hand. Costs associated with such return visits are to borne by the Contractor.

       (f)   The Contractor must make sure that the maintenance services are performed in a tradesman like manner by a competent
             tradesperson to the satisfaction of DHA.

       (g)   All work must be carried out in accordance with each individual Maintenance Item.

       (h)   The Contractor must provide materials that:

             (i)     are compliant with any applicable Australian Standards;

             (ii)    are new and of a high standard;

             (iii)   are of a fully proven design;

             (iv)    have a history of market acceptance;

             (v)     come with a reliable spare parts and service backup;

             (vi)    Are supplied by a DHA approved supplier (where applicable).

       (i)   Contractors must ensure materials and contracted services are obtained at the best possible trade price available.

       (j)   Materials required for Maintenance Items issued under the Deed of Agreement are supplied at invoiced trade value plus
             10 percent handling.

       (k)   All builders‟ margins and management fees must be included in hourly and / or specified rates.

       (l)   The Contractor must provide guarantees, warranties and operating instructions as would normally be provided in
             respect of the maintenance services performed unless otherwise specified in the Maintenance Item.

       (m) Where the maintenance services involve repair work, the Contractor must use materials that match existing materials
           and replacement parts that are new and compatible with existing appliances and to the manufacturer's specifications.

       (n)   Where the maintenance services involve replacing existing materials with new materials, the Contractor must remove
             and dispose of existing material unless otherwise specified in the Maintenance Item.

       (o)   The Contractor must obtain the written approval of DHA in relation to the colour, size and type of all fittings, fixtures,
             appliances, coatings etc prior to performing the relevant maintenance services. DHA may require the Contractor to
             submit documentation, specifications or samples to enable the DHA to form a view in relation a choice of product,
             before the granting approval.

       (p)   Any sizes nominated by DHA are nominal sizes only, the Contractor must verify exact dimensions before beginning to
             manufacture or procuring any fittings, fixtures or appliances etc.

       (q)   Before installing any materials, the Contractor must ensure that substrate or underlying surfaces are wholly suitable to
             receive the materials and notify DHA if they are not. Otherwise, the Contractor accepts liability for all damage caused
             if the substrate or underlying surfaces are not suitable to receive the new materials.

       (r)   Contractors must conduct a full clean up of the work area, including cleaning all surfaces and removal of dust and
             fragments, ensuring that the area is restored to a condition equal to or better than prior to when work commenced.

       (s)   The Contractor must remove all waste materials in order to make good and safe the area of work and pay all associated
             disposal fees.

       (t)   The Contractor must check with the relevant authority as to the location of services, electrical, plumbing, storm water
             etc. in soil and external ground strata before commencement of any digging, removal or demolition to ensure against
             damage to services.



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       (u)   The Contractor will be held fully responsible for any damage to DHA properties, DHA managed properties or public
             utilities resulting from its works and will be required to make good the damage at the Contractor's expense. Any make
             good work must be completed within 14 days of when damage occurred.

       (v)   When working with other trades, Contractors must adopt a cooperative and collaborative approach to best ensure
             minimal disruption to, and timely completion of work.

3.2    SPECIFICATIONS

       The specifications for Cleaning Services and Grounds Maintenance Services are included at Appendix A to this Part 3.

3.3    LICENSED TRADES

       (a)   Where State or Territory regulations or the local statutory authority requires maintenance services to be performed by
             licensed tradespersons, the Contractor must:

             (i)    be able to provide evidence of the required licences to DHA; and

             (ii)   ensure all sub-Contractors and employees are duly licensed (where applicable).

       (b)   Where licences are subject to periodic renewal, evidence of such renewal must be provided to DHA.

       (c)   Under no circumstances are works to be performed without relevant current licence/s.

3.4    ELECTRONIC BUSINESS MANAGEMENT

       DHA operates in an environment where as much business as possible is conducted electronically with minimal manual
       processing. DHA is developing an online management tool to assist in the tracking of maintenance transactions. This will be
       part of DHA Online Services and has an anticipated release of 2009. Service Providers will be required to access and utilise
       DHA's online interface to manage their RMS transactions during the proposed Contract term, including booking of
       Maintenance Items, completion of Maintenance Items and Invoicing.

       User Guides and briefings will be provided on the release of any new products such as this to assist Service Providers.

       DHA is looking to continue process improvement and is extending current electronic communication using DHA Online
       Services to gather and upload conveyancing information. DHA will work with legal service providers to continue to evolve
       and improve workflow efficiencies.

3.5    NOTICES, FEES AND DRAWINGS

       Where the works being requested require approval from a local statutory authority or other government body, the Contractor
       must:

       (a)   prepare, and submit ready for test, the documentation (including plans) required by the local statutory authority or
             government body;

       (b)   pay all approval related fees and charges;

       (c)   notify DHA of applications with, and approvals from, statutory authorities and government bodies;

       (d)   submit to DHA, on completion, a drawing(s) indicating any new / altered underground power supply, water
             reticulation, and storm water or sewer waste; and

       (e)   Submit all plans to DHA upon completion.

       DHA will reimburse all reasonable costs, fees and charges to Contractors.




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3.6    SUPPLY OF ELECTRICITY

       The Contractor is responsible for arranging for temporary power as may be necessary to complete the works, which will
       generally only be the case if the property is unoccupied and the electricity supply disconnected.

3.7    SUPPLY OF TOOLS

       The Contractor must supply all tools and equipment required to perform the work. Tools and equipment considered general
       tools of trade are supplied by the Contractor as part of the cost quoted in the following schedules. Costs for specialised tools
       and equipment that are not normally required to perform the work, must be agreed to by DHA prior to commencing work and
       will be paid at invoiced hire cost plus 10 percent.

3.8    SUPPLY OF CONSUMABLES

       The Contractor is responsible for all consumables required to perform the work. Consumables include (but are not limited to)
       petrol for machinery, dust masks, cleaning materials and the like.

3.9    DANGEROUS SUBSTANCES, TOOLS AND EQUIPMENT

       The Contractor must take all necessary precautions to keep secure from unauthorised persons, dangerous and poisonous
       substances, tools, and equipment that may cause injury or illness.

3.10   HAZARDOUS MATERIALS

       (a)   Asbestos

       DHA has undertaken a comprehensive asbestos audit of all DHA managed properties meeting a nationally recognised
       construction, date and age profile. As a result of this audit, approximately 1000 DHA managed properties located Australia
       wide have been identified as either containing, or deemed to contain, an asbestos product.

       The safety and welfare of the tenants and Contractors of DHA housing is of paramount importance to DHA. Contractors and
       their staff are required when undertaking maintenance on these properties, to ensure adherence to relevant state and territory
       legislation, including DHA‟s Asbestos Management Plan, the NOHSC [2018 (2005)] Code of Practice for the Management
       and Control of Asbestos in Workplaces, and NOHSC [2002(2005)] Code of Practice for the Safe Removal of Asbestos and
       Occupational Health and Safety regulations.

       DHA Maintenance Items carry an annotation under the heading “Warning” when there is a possibility that an asbestos
       product has been used in the construction or when laboratory results prove conclusively that an asbestos product has been
       identified, within the site that relevant Maintenance Item refers to.

       (b) Other Hazardous Materials

       Where other hazardous, or potentially hazardous materials are to be supplied, installed or worked on in the property, the
       Contractor will adhere to all relevant OH&S requirements. The OH&S requirements will also extend to the tenant of the
       property.

       (c)   Work Method Statements

       Where these statements are required for work performed, the Contractor must prepare this statement prior to commencing
       work. Upon completion of the work the Contractor must submit the statement with a copy of the Maintenance Item and the
       Contractor‟s tax invoice.

3.11   HERITAGE HOMES

       DHA has approximately 74 properties that are listed under the National Heritage Register and as such cannot be modified in
       appearance. These properties will be identified on the Maintenance Items. Contractors are to take extra care when working on
       these properties. Contractors must take notice of any special repair instructions issued and the Heritage Management Plan
       issued for these properties. Any work completed in contrast to Maintenance Items that contravene the Heritage Council‟s
       Guidelines will be required to be returned to it original condition at the Contractors cost.




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3.12   RATES & HOURS

       (a)   “Normal Hours” are Monday to Friday between 7.00 am and 4.30 pm. These rates are to be based on a one hour
             minimum and 15 minutes increments of that rate thereafter, and are to be based on time onsite. The Contractor is to
             make allowances for all travel in the calculation of hourly rates. Therefore, Contractors are not to claim separately for
             any travel related time.

       (b)   “After Hours” are any times outside “Normal Hours”, which are defined in Section 3.12(a). After Hours work will
             generally only be called upon in order to rectify a damage or cleanliness matter that without attention, affects the
             capacity of an occupied residence to provide “health, safety and security” for the tenant. Suggest that this statement
             may be modified to refer to Emergency Maintenance. These rates are to be based on a one hour minimum and 15
             minutes increments of that rate thereafter, and are to be based on time onsite. The Contractor is to make allowances for
             all travel in the calculation of hourly rates. Therefore, Contractors are not to claim separately for any travel related
             time.

             Note 1: Contractors are reminded here of the relevant state awards that may apply.

             Note 2: Contractors are reminded that the majority of trade types do not require After Hours services. Contractors
                     may choose to work outside normal hours, as agreed between the Contractor and the tenant. However this is
                     at the Contractor‟s discretion and cost and will not constitute an After Hours rate.

       (c)   Trades include DHA specific „Scheduled Rates‟ (see table in schedule 6). These rates should be quoted as part of the
             tender. This work is to be tendered as being completed during Normal Hours.

       (d)   All rates are to take account of any costs associated with tools of trade, labour and consumables.

       (e)   In certain limited circumstances, Contractors may be requested to provide a quote for the completion of a package of
             work. A separate „Scope of Works‟ is issued when quotes are required.

       (f)   All tendered rates will be automatically indexed on 30th June of each year of the term. The index used will be the
             Australian Bureau of Statistics Weighted Average Home Repairs & Maintenance Index. (CPI Table 7a-7l Series
             A2328096J)

3.13   KEY PERFORMANCE INDICATORS

       Key Performance Indicators (KPIs) apply to the statement of requirment as outlined in this Part 3, as per the following tables.
       Contractors are required to benchmark the minimum standard of their performance against the KPIs as indicated in the tables
       below. Contractors are also required to ensure they maintain the necessary records where indicated below to enable accurate
       reporting of KPIs.

       KPI Category 1 – Emergency Maintenance (see also Section 3.1(c))


               Performance Indicator                       Minimum standard              How to measure


                     Contractor is available and           70% of all Emergency
                                                                                         Contractor records
               1a    accepts Emergency Maintenance         requests are accepted by
                                                                                         DHA routine spot-checks
                     Request when called upon.             the Contractor.
                     Emergency maintenance jobs are
                     completed within 24 hours of          95% of all jobs are
                                                                                         Contractor records
               1b    receipt of Emergency                  completed within 24
                                                                                         DHA routine spot-checks
                     Maintenance Request.                  hours.


       KPI Category 2 – Routine Maintenance (see also Section 3.1(d))


               Performance Indicator                       Minimum Standard              How to measure

                                                           In 95% of all jobs, the
                     The Contractor has contacted the
                                                           Contractor has contacted
               2a    tenant within 48 hours of receipt                                   Desktop Analysis
                                                           the tenant within 48
                     of Maintenance Item.
                                                           hours.



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                                                         In 85% of all jobs the
                    The Contractor has made an           Contractor has made an
                    appointment to visit the property    appointment to visit the
                    at a time mutually agreeable with    property at a time
               2b                                                                     Desktop Analysis.
                    the tenant but must be within        mutually agreeable with
                    seven (7) elapsed days following     the tenant, but within (7)
                    receipt of the Maintenance Item.     days following receipt of
                                                         a Maintenance Item.
                                                         85% of all Maintenance
                    Maintenance Items for Routine
                                                         Items for Routine
                    Maintenance have been
                                                         Maintenance have been
               2c   satisfactorily completed within 14                                Desktop Analysis.
                                                         completed within 28 days
                    elapsed days following receipt of
                                                         following receipt of the
                    the Maintenance Item.
                                                         Maintenance Item.
                                                         95% of all Maintenance
                    Maintenance Items for Routine        Items not satisfactorily
                    Maintenance not satisfactorily       completed within 14 days
                    completed within 14 days have        have now been
               2d                                                                     Desktop Analysis.
                    now been satisfactorily completed    satisfactorily completed
                    within 28 days following receipt     within 28 days following
                    of the Maintenance Item.             receipt of Maintenance
                                                         Item.
                                                         100% recording of all
                    Use of DHA‟s online
                                                         bookings made
               2e   management tool for tracking                                      DHA system tracking
                                                         100% submission of
                    Routine Maintenance transactions
                                                         invoices
                                                         For 85% of all jobs, the
                    The tenant is satisfied with the     tenant has expressed
                    services provided by the             satisfaction with the
               2f   Contractor, including timeliness,    service provided by the      DHA Tenant Survey.
                    quality of work and                  Contractor (as determined
                    professionalism.                     through DHA‟s tenant
                                                         satisfaction surveys).

       KPI Category 3 – Professionalism


               Performance Indicator                     Minimum Standard             How to measure

                                                         In DHA‟s opinion, the
                                                         Contractor is well
               3a   The Contractor is well presented.                                 DHA Tenant Survey.
                                                         presented 90% of the
                                                         time.
                                                         100% of the time the
                    The Contractor acts in a polite
                                                         Contractor is polite and
                    and courteous manner when
               3b                                        courteous when dealing       DHA Tenant Survey.
                    dealing with DHA and DHA
                                                         with DHA and DHA
                    Clients.
                                                         Clients.
                    The Contractor has kept the          In 100% of all jobs the
                    tenant informed on the anticipated   tenant is fully informed
                    time of completion of work and       on the status of the job
               3c                                                                     DHA Tenant Survey.
                    on progress of work (particularly    and the reasons for
                    on delays, including reasons for     delays, if any.
                    delays).

       KPI Category 4 – Costs


               Performance Indicator                     Minimum Standard             How to measure

                                                         100% of all work charged
                    All work charged at an hourly        at an hourly rate has been
                    rate has been completed within a     completed within a time
                    time period that is comparable to    period that is comparable
               4a                                                                     Invoice review.
                    the suggested time periods           to the suggested time
                    contained in published cost          periods contained in
                    estimates guides.                    published cost estimates
                                                         guides.



DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                    Page   31
                                                          90% of all invoices have
                    Invoices have been received by        been received by DHA for
                    DHA for satisfactorily completed      satisfactorily completed
               4b                                                                      Desktop Analysis.
                    work, within 14 days following        work within 14 days
                    the completion of the work.           following the completion
                                                          of the work.
                    Invoices received by DHA and
                                                          100% of all invoices
                    contain all the correct information
               4c                                         submitted to DHA contain     Desktop Analysis.
                    (see the sample invoice in
                                                          all correct information.
                    AppendixB of the Part 4).
                    Variations to the scope of work       100% of all Variations
                    including materials used have         have been approved by
               4d                                                                      Desktop Analysis.
                    been approved by DHA prior to         DHA prior to work
                    work commencing.                      commencing.

       KPI Category 5 – Quality


               Performance Indicator                      Minimum Standard             How to measure

                    Work is compliant and meets all       100% of all work is          Contractor to sign off the
                    regulations, codes of practice and    compliant and meets all      Maintenance Item to
                    guidelines specified under clause     regulations, codes of        confirm that this is the
               5a
                    3.1(a) – Compliance and               practice and guidelines as   case.
                    Approvals, Contract Materials         set out under clause         Spot checks by DHA field
                    and Workmanship.                      3.1(a).                      staff.
                    DHA is satisfied with the quality     100% of all work is
                                                                                       Spot checks by DHA field
               5b   of work performed by the              performed to DHA‟s
                                                                                       staff.
                    Contractor.                           satisfaction.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                    Page    32
                                               APPENDIX A TO PART 3 – SPECIFICATIONS

CLEANING SPECIFICATIONS

Defence tenants are required to maintain a regular standard of cleaning during their tenancy. At the time of departure there are
specific cleaning responsibilities that need to be completed. These items are identified prior to tenant vacation. DHA‟s tenant
handbook details these tasks. Where these items have NOT been completed by the tenant, they will be noted on the maintenance item
and are to be completed by the cleaners. These items are to be carried out as an extra outside the standard SOR scope of works. DHA
will notify cleaners when extra works are required. DHA will not renumerate Contractors for works outside the agreed scope without
prior approval.

Standard Cleans (Information for all cleaning)

Internal

The contractor must perform Internal Standard Cleans in accordance with the specifications that apply to Internal light cleans and the
additional specifications set out below:

           (a)   All walls, ceilings, wall tiles including splashbacks, doors, kitchen bench tops, internal and external surfaces of
                 cupboards and drawers, robes and vanities must be washed/thoroughly cleaned to remove grime, marks and stains.
                 Tiles must be polished to a dry surface with no streaks.
           (b)   All architraves, skirtings, windows and tracks, doorframes and furnishings must be wiped with a damp cloth/cleaned to
                 remove grime, marks and stains.
           (c)   External and internal surfaces of all window and/or door glass must be cleaned and polished to a streak free surface.
           (d)   All shower glass must be cleaned and polished to a dry streak free surface with all calcium, soap and other deposits
                 removed.
           (e)   Baths, basins, taps and spouts, pedestal pans, cisterns, shower stalls, soap dishes and laundry cabinets and tubs must be
                 cleaned to a dry streak free finish – all grime, marks and stains must be removed.
           (f)   Mirrors and all glazing frames must be cleaned and polished to a dry streak free surface.
           (g)   All non carpeted floors must be mopped /thoroughly cleaned to remove grime, marks and stains.
           (h)   Blinds must be cleaned, removing food and other stains, grime and marks. All dust must be removed from all blinds.
           (i)   All mildew/mould to be treated and removed by the method specified in “Treatment of Mildew/mould” or other
                 industry approved products that will not adversely affect any surface to which they are applied.
           (j)   Internal and external surfaces of ovens, cooktops, dishwashers, air-conditioners (including filters), heaters, fireplaces
                 and external flue surfaces, exhaust fans and rangehoods, ceiling fans, light and fan switches, power points and other
                 fittings and fixtures, as described in “General information for cleaning”, must be thoroughly cleaned to remove grime,
                 marks and stains.
           (k)   Internal and external surfaces of light fittings must be wiped down and insects must be removed from light fittings.
                 Standard bayonet or screw fit incandescent bulbs are to be supplied and installed where missing or blown.
           (l)   Contractor must check that drain plugs are available for each sink/basin in the property. Where missing, contractor to
                 supply one suitable plug for every fixture.
           (m) Minor rubbish not exceeding one 25 litre garbage bag in volume must be removed.
           (n)   Unattached buildings (garages, carports, sheds) must be cleaned including sweeping of floors, removing cobwebs, dust
                 walls, ceilings doors light fittings, switches, power points and glass
           (o)   Contractor must complete the internal part of the Standard Clean checklist attached to this requirement and headed
                 Appendix B. Checklist must remain on site.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                            Page                  33
External.

The contractor must perform External Standard Cleans in accordance with the specifications that apply to External Light cleans and
the additional specifications below.

           (a)   All external surfaces including but not limited to walls, eaves/soffits, doors, porches, patios, pergolas, garage or carport
                 floors, concrete floors and driveways, paving, pool surrounds, glazing frames and sills must be cleaned to remove
                 heavy grime, dirt and dust, grease and oil and marks and stains including mould and mildew.
           (b)   All external walls and sills must be washed to remove all dust and debris.
           (c)   All window and doorframes must be thoroughly cleaned to remove heavy grime, grease and marks.
           (d)   External surfaces of gutters and downpipes must be cleaned to remove dirt, debris (such as cobwebs) and
                 mould/mildew. Contractor must notify DHA if gutters and downpipes require cleaning. DHA will arrange
                 appropriately.
           (e)   Fly screens must be removed, cleaned and re-installed. Security screens must be cleaned.
           (f)   Waste and recycling bins must be free from rubbish and cleaned and disinfected. Bins must be secured after cleaning in
                 the garage or carport.
           (g)   All mould mildew is to be treated by the method specified in “Treatment of Mildew/Mould”
           (h)   Contractor must complete the external part of the Standard Clean checklist attached to this requirement and headed
                 Appendix B. Checklist must remain on site.

Light Cleans

Internal

The contractor must perform Internal Light Cleans in accordance with the specification set out below.

           (a)   All internal surfaces (including light fittings) are to be dusted.
           (b)   Dust and dirt must be removed from all window and door tracks and sills.
           (c)   All fixtures (as identified above – Standard Clean Internal – Point j and under “General Information for cleaning) bench
                 tops, vanities and wall tiles must wiped over with a clean damp cloth and left free of smears and soap residue.
           (d)   All non carpeted floor surfaces must be swept; vinyl, tile and similar floor finishes must be mopped.
           (e)   Carpeted areas must be vacuumed.
           (f)   Internal areas and surfaces of all robes, linen, kitchen cupboards and drawers must be wiped with a damp cloth and left
                 free of smears.

All cleaning must be completed to the satisfaction of DHA.

External

The contractor must perform External Light Cleans in accordance with the specification set out below.

           (a)   Cobwebs must be removed from external areas including exposed underside of highset houses.
           (b)   Rubbish must be collected and removed from exterior areas, including sheds, garages, carports, underfloor areas and
                 from waste and recycling bins. Garden waste not exceeding one 25 litre garbage bag in volume must also be removed.
           (c)   Side gates and fences internal to the property (excluding fencing aligned with boundary) must be cleaned.

           All cleaning must be completed to the satisfaction of DHA.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                             Page                  34
General Information for Cleaning
       (a)    Fixtures
              In this specification, the term “fixtures” includes all items that are reasonably considered to be part of the property.
              Baths, basins, pedestal pan, cistern, sinks, troughs or tubs, laundry cabinets, shower bases, shower walls and screens,
              stoves, ovens, hot plates, grills, range hoods, dishwashers, ceiling fans, exhaust fans, air-conditioning and heaters.
       (b)    Disconnection of Appliances
              Electrical or gas appliances are not to be disconnected by the cleaning contractor. The cleaning Contractor must liaise
              with DHA and arrange for all appliances that are required to be disconnected for cleaning to be disconnected and
              reconnected by a licensed electrical or plumbing contractor in accordance with local supply authority requirements.
       (c)    Contract Materials and Equipment
              The Contractor must perform all cleaning using clean brooms, mops, cloths, etc. and with a liberal use of an approved
              cleaning agent, detergent, deodorant or domestic cleaner where appropriate or as directed by DHA.
       (d)    Cleaning cloths
              The Contractor must change cleaning cloths frequently. The use of scouring pads and the like is not to occur where
              their use may be to damage the surface being cleaned.
       (e)    Treatment of Mildew/mould
              Where necessary, the Contractor must clean all affected surfaces with a solution of one part of household bleach
              containing sodium hypochlorite to three parts of clean water. The surfaces are then to be washed with clean water to
              remove any residue, and wiped dry.
       (f)    Carpets
              Where a carpet is in place and its removal has not been specified, cleaning the room will include vacuuming of the
              carpet.
       (g)    Floor Coverings
              Vinyl tiles and/or linoleum coverings are to be mopped over with an approved cleansing agent and left to air dry.
              Ceramic floor tiles are to be thoroughly washed with an approved cleansing agent and left to air dry. The cleaning
              services do not include professional carpet cleaning or strip and polish of vinyl floor coverings.
       (h)    Stove, Wall Over, Hotplates, Grill, Range Hood Cleaning.
              The Contractor must thoroughly clean stoves both inside and out, including canopy, surrounds and removable parts -
              burners, trivets, hotplates, oven slides and other fittings that are to be removed, cleaned and replaced. The Contractor
              must clean exterior surfaces and removable parts with an approved cleansing agent.
       (i)    Legislation
              Contractors are responsible for ensuring all specified works are completed in line with local area/Council guidelines
              and legislation, for example water restrictions. Contractors are responsible for obtaining any exemptions or permits that
              may be required to carry out the works.
       (j)    Electrical supply.
              DHA cannot guarantee electricity will be connected to properties when cleaning works are required. Where
              Contractors require a power supply to complete specified works, Contractor will be responsible for obtaining a power
              source, at their cost.
“Standard” 4 Bedroom House.
As a general guideline, a standard 4 bedroom DHA house will comprise:
       (a)    3 standard bedrooms + Master bedroom
       (b)    Main bathroom + ensuite
       (c)    2 Living areas
       (d)    Meals area
       (e)    External living area
       (f)    Double garage
       (g)    Laundry, kitchen etc.

Apartments.

Apartment styles and sizes will vary depending on location. You should contact your local DHA Housing Management Centre for
local Apartment information and guidelines


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                    35
FLOOR COVERING CLEANING SERVICES

Please refer to detailed schedule of Rates for the requirements in this trade (Schedule 6)


GROUNDS MAINTENANCE SERVICES SPECIFICATIONS

VACANT PROPERTY MAINTENANCE
The Contractor must perform Vacant Property Maintenance in accordance with the specifications so as to maintain and improve on
the quality of the grounds, and do all things necessary to ensure that the vacant property is well presented at all times.

SCOPE OF WORK

Watering
        (a)   The Contractor must water the front and rear of the property to ensure full coverage of all lawns and gardens. Sufficient
              watering should be undertaken to ensure that gardens and lawns improve condition from when the house was vacated.
              Watering must be done in accordance with local water restrictions and allocated watering times.
        (b)   Watering is to commence no later than 3 days after the vacancy date.
        (c)   The contractors must familiarize themselves with any onsite irrigation equipment and adjust settings to suit prevailing /
              seasonal conditions. Where no irrigation system is in place or not operational, the Contractor must provide watering
              equipment that is reliable, the Contractor agrees that they are responsible to check all equipment every five days to
              ensure it is functioning correctly.
General Maintenance
The Contractor must attend to the General Maintenance activities as detailed below:
        (a)   Maintain garden beds to be substantially free of weeds during the vacancy period. Poisons that are approved for
              domestic use may be applied if sufficient time is available to allow the poison to be effective, or weeds may be
              physically removed. Regardless of the method used, all weeds are to be removed prior to the occupation date.
        (b)   Roses, flowering shrubs, small trees and shrubs are to be pruned to optimise presentation of the property including
              removal of spent blooms. Bushes to be trimmed away from the residence, cloths lines and outbuildings and fences
              ensure that all paths, porches, driveways and gutters are kept clear of overhanging vegetation.
        (c)   Roof gutters and valleys are kept free of leaves and other debris.
        (d)   Keep house and grounds free of insect nests and spider webs.
        (e)   Keep gardens free of waste eg. Branches, dead flowers, leaves, litter and dead fall.
        (f)   Ensure garden beds edges remain trimmed and defined, including removal from site and dumping
        (g)   Empty mailbox and dispose of non Australia Post(AP) mail. secure AP mail within Service Residence.
        (h)   Keep perimeter paving, porches and driveway clear of dirt and litter.
        (i)   Check the security of the dwelling and notify the DHA's Delegate of any security concerns and vandalism or possible
              unauthorised entries into the dwelling.
Vacant Property Maintenance Log – The supplier must complete the Vacant Property Maintenance Log attached to this specification
headed Appendix C.
The Contractor must:
        (a)   Complete, for each property in respect of which total vacancy ground maintenance services are performed, a Vacant
              Property Maintenance Log which is to include the following information:
              (i)     the name of contractor/employee completing the work;
              (ii)    contact telephone number of person performing the ground maintenance services;
              (iii)   the activity undertaken onsite Item Number, e.g. Water, Mow, sweep paths ;
        (b)   the date on which the activity was undertaken; and
        (c)   Signature and any comments applicable to the property.
        (d)   Once entries have been completed in the Vacant Property Maintenance Log, it must be remain onsite in the electricity
              metre box until re-occupation and collection by HMC Staff.
        (e)   The completion of the Vacant Property Maintenance Log is mandatory. DHA may refuse to pay or amend an invoice
              where the Contractor has failed to complete the Vacant Property Maintenance Log or where the Vacant Property
              Maintenance Log does not correspond with the scope of works specified.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                 36
                                                            APPENDIX B TO PART 3 – STANDARD CLEAN CHECK LIST


                                                                       STANDARD CLEAN CHECK LIST
Property Address:              _______________________________________________________________________________________________________________
Contractor Details:           __________________________________________________________________   Completion Date: ____ / ____ / ____


                              Item                          Checked                                                   Comments
                                                              
INTERNAL STANDARD CLEAN
Stove - upright – int / ext - all surfaces
Oven and grill – int / ext - all surfaces
Cook top – all surfaces
Dishwasher / filters – int / ext – all surfaces
Range Hood – int / ext – all surfaces
Heater vents and filters – all surfaces
Air conditioner vents and filters – all surfaces
Clothes dryer filters – int / ext – all surfaces
Ducted vacuum system filters – all surfaces
Wet areas – all surfaces
Drain plugs – to all wastes
Drain wastes – clean (no discolouration)
Taps and spouts – no build up around base
Toilet – seat removed, cleaned and reinstated (hygiene
seal)
Polish all sinks, glass and PC items
Drawers – removed, cleaned & reinstated




DHA – Tenderers Pack – RMS 2006                                                     Page 37
                                                                             STANDARD CLEAN CHECK LIST
Property Address:            _______________________________________________________________________________________________________________
Contractor Details:         __________________________________________________________________     Completion Date: ____ / ____ / ____


                            Item                              Checked                                                 Comments
                                                                
INTERNAL STANDARD CLEAN (cont)
Cupboards – all surfaces inc. tops of cupboards
Lights (replace globes if necessary) / exhaust fans
Blinds – wash, remove stains (includes tracks)
Window and sliding door tracks
Architraves, skirting boards, window frames
Walls / Ceilings ****
Garage / carport – inc shelving / remote control mechanism




Contractor ________________________________ Relocation Consultant:         Date: …./…./……




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                         Page                                          38
                                                                                   STANDARD CLEAN CHECK LIST
Property Address:             _______________________________________________________________________________________________________________
Contractor Details:          __________________________________________________________________       Completion Date: ____ / ____ / ____


EXTERNAL STANDARD CLEAN
External – all surfaces
Fly screens / security screens
Gates / fences / exposed underside of highset houses
Bins – left in garage / shed (note the type & number of
bins)
Rubbish removal

          Additional Works Identified
Steam clean / deodorise carpet ****
Vinyl tiles – strip and polish ****
Gutter clean – single / double storey
Pressure clean concrete / paving – remove moss / mould
Cleaning of pools
Specialist cleaning – curtains
Note: **** Please note in the comments field any stains / marks that cannot be removed.


Contractor            Relocation Consultant:      Date: …./…./…




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                            Page                                        39
                       APPENDIX C TO PART 3 – VACANT PROPERTY MAINTENANCE LOG




                                     [Insert HMC] Housing Management Centre



                                    VACANT PROPERTY MAINTENANCE LOG




                           Address: ……………………………………………………………

                                  .......………………………………………………………

                       Visit Log: Date………………….. Contractor…………………….

                                    …………………..                   ……………………..

                                    …………………..                   ……………………..

                                    …………………..                   ……………………..



                                     (Please do not remove Log from Meter Box)

                            * Note Scheduled activities may vary to accommodate weekends
                                                 and public holidays *




DHA – Tenderers Pack – RMS 2006                                                      Page 40
                                          VACANT PROPERTY MAINTENANCE LOG




   Water all lawns gardens, front and rear.

   Ground maintenance (G/M)

   Mow up to 700 sq m allotments incl. trim edges and remove clippings as specified frequency, GMA,SOR,007 or GMA,SOR,008

   CONTRACTOR NAME:

   ……………………………………………………………………………………

   Contact Number ……………………………………………………………..

   Log Dates:………………………………………………………………………..

   ……………………………………………………………………………………



   Dear Tenant,

   This log is to be collected by the Property Consultant with the Key Lock for your house at the welcome inspection. Please leave
   the Log in the Meter Box for collection by the Property Manager.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                     Page                41
DATE       ACTIVITY        SIGNATURE   COMMENTS                  DATE      ACTIVITY       SIGNATURE   COMMENTS

Example    Entry Period                *House vacated 1/3/06*    Example   Entry Period               *House vacated 1/6/06*
           for                                                             for
           GMA,SOR,005                                                     GMA,SOR,006

3 /3/06    Water & G/M     BJK         Garden very dry           3 /3/06   Water & G/M    BJK         Front and rear garden full of weeds

8/3/062    Water & G/M     BJK         Garden much improved      8/3/062   Water & G/M    BJK         Garden beds much improved

12/3/06    Mow             BJK         House occupies 14/3/06    13/6/06   Water & G/M    BJK         Note dead headed roses

                                                                 18/3/06   Water &G/M     BJK         Raining, no water required weeded

                                                                 23/6/06   Water & G/M    BJK         Note Pruned shrubs front

                                                                 24/6/06   Mow            BJK         House occupies 26‟6/06




DHA – Tenderers Pack – RMS 2006                                 Page 42
                                  Request for Tender
                      For the Appointment of Contractors to the
               Residential Maintenance Services Panel (RMS2009)


                                 Cleaning Services
                          Floor Covering Cleaning Services
                           Grounds Maintenance Services

                                    DHA RFT No. 170


                                       Part 4
                                  Deed of Agreement




DHA – Tenderers Pack – RMS 2006                          Page 43
4.     DEED OF AGREEMENT

4.1    INTRODUCTION

       The Deed of Agreement provides a link between the tender, panel formation and maintenance of the Contractor base. No one
       part of this Request for Tender (parts 1 through 5) should be taken from its context and therefore all parts remain effective for
       the duration of the term. Accordingly, a reference to the „Deed of Agreement‟ means all parts of the Request for Tender and
       not just this Part 4.

4.2    PARTIES
       (a)   DHA; and
       (b)   the Contractor.

4.3    INTERPRETATIONS

       In the interpretation of this Deed of Agreement

       (a)   any covenant or agreement on the part of any two or more parties bind them jointly and severally;
       (b)   words used in the singular include the plural and visa versa;
       (c)   words used to describe individuals include partnerships, companies and body corporate; and
       (d)   Where any other term is used in this Deed of Agreement, and the words are not defined in this Request for Tender, they
             will be interpreted according to their usual legal definition or, if there is no legal definition, according to their usual
             dictionary meaning.

4.4    APPOINTMENT OF CONTRACTOR AND TERM OF ENGAGEMENT

       DHA appoints the Contractor to the Panel in accordance with this Deed of Agreement and Attachments (which includes the
       entire Tender Document Set as outlined in Section 4.1), the Contractor‟s Tender Response, and any subsequent negotiations
       agreed between DHA and the Contractor.

       The Commencement Date for the Services and the Expiration of Term are specified in Appendix A to this Deed of
       Agreement. This appointment becomes effective only when both Parties have executed this Deed of Agreement.

4.5    MAINTENANCE ITEMS

       DHA issues Maintenance Items for all work under the Deed of Agreement. Each Maintenance Item constitutes a separate
       contract and must be completed in line with all parts of the Request for Tender and the scope of the Maintenance Item. Under
       no circumstances should alternate or further instructions be added by others.

       DHA will not accept any liability for increased specifications unless agreed to, in writing, by DHA.

4.6    ENGAGEMENT OF THE CONTRACTOR

       The services must be provided and completed for the benefit of DHA and DHA Clients for the agreed fees during the term of
       the RMS Panel, as specified in Appendix A to this Deed of Agreement.

       The Contractor has:
       (a)   Informed itself of the requirements of DHA in respect of the services and all parts of the Request for Tender.

       And must:
       (a)   consult regularly with DHA throughout the term of the agreement and perform the services as directed by the
             nominated representative in the relevant region;
       (b)   use and exercise all due skill, care and diligence in performing and providing the services and act professionally at all
             times; and
       (c)   Meet the Minimum Standards against the Key Performance Indicators

4.7    NON EXCLUSIVITY

       (a)   This Deed of Agreement does not give the Contractor any exclusive rights in relation to services;


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                44
       (b)   DHA may appoint other persons to provide services on or outside the panel;

       (c)   DHA does not guarantee that the Contractor will be given any particular amount of work under this Deed of
             Agreement.

4.8    APPOINTMENT OF THIRD PARTY SUPPLIERS

       (a)   The Contractor must make sure that any third party that it engages to provide services is appropriately licensed or
             qualified, and competent to perform the services.

       (b)   The Contractor will use best efforts to make sure that any third parties that it engages to provide services conduct
             themselves ethically, and are business-like and professional at all times.

4.9    GIFTS

       The Contractor must not exchange any gifts or benefits with any DHA staff or its agents.

4.10   COST MANAGEMENT

       The Contractor must do all things necessary or desirable to assist DHA to control its costs in respect of the services including,
       determining the most cost effective and cost efficient methods, procedures and practices in relation to the services, and the
       purchase of materials (Clause 3.1).

4.11   AUDIT

       The Contractor will allow DHA and its authorised representatives access to its place of business or any place where the
       contract material and records are kept. The Contractor will allow DHA and its authorised representatives to take copies of
       any contract material and records that may be requested or any other document related to the services. DHA may audit both
       financial and quality aspects of the work issued.

4.12   PERSONNEL

       (a)   Nothing in this Deed of Agreement shall be taken to establish the Contractor as an employee of DHA.

       (b)   Where the Contractor is an employer it will be responsible for all expenses relating to superannuation and workers'
             compensation for its employees under relevant legislation.

       (c)   DHA may at any time and for any reason, without liability for damages or compensation, request that any employee or
             representative of the Contractors not be involved in providing the services to DHA. If that happens, the Contractor will
             arrange for replacement of that person/s to complete the services, as soon as possible, at no cost and to the satisfaction
             of DHA.

4.13   CONTRACT MATERIAL

       (a)   The Contractor assigns to DHA ownership of all existing and future intellectual property rights, including Copyright in
             all contract material created by the Contractor.

       (b)   To the extent that the contract material contains material, that is the subject of pre-existing, intellectual property rights
             of the Contractor or third parties, this Deed of Agreement does not affect those rights. However, the Contractor grants
             and must ensure that all relevant third parties grant to DHA, a non-exclusive, non-transferable, irrevocable paid up
             license to:

             (i)     use, reproduce and adapt;

             (ii)    perform any other act with respect to copyright and commercialisation; and

             (iii)   all those intellectual property rights but only as part of the contract material and of any future development of that
                     material;

             On the expiration or termination of this Deed of Agreement, the Contractor will as directed by DHA to either destroy,
             or send to DHA, all copies of the contract material.

       (c)   This clause survives the expiration or termination of this Deed of Agreement.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                           Page                 45
4.14   TERMINATION OF CONTRACT

       (a)   In addition to any other rights DHA may have pursuant to this Deed of Agreement, DHA may, at any time, without
             liability to pay damages or compensation, terminate this Deed of Agreement by giving at least 30 days written notice to
             the Contractor if:

             (i)     the Contractor fails to observe or perform any of its obligations pursuant to this Deed of Agreement;

             (ii)    the Contractor assigns this Deed of Agreement or any of its benefits or purports to assign, subcontract or
                     otherwise divest itself of any of its obligations under this Deed of Agreement without the written consent of
                     DHA;

             (iii)   the Contractor appoints or has appointed to it a receiver, receiver and manager, administrator, liquidator or
                     similar officer or is made bankrupt or dies;

             (iv)    the Contractor abandons or refuses to proceed with the services; or

             (v)     The Contractor creates a Conflict of Interest;

             DHA may immediately terminate this Deed of Agreement by giving written notice to the Contractor if:

             (i)     the Contractor is proven to have committed fraud, misappropriation; or

             (ii)    The Contractor has acted inappropriately in any other way (for example, has been intoxicated or under the
                     influence of prohibited substances while on-site).

       (b)   On termination of the appointment of the Contractor pursuant to this clause, all money which has been paid and all
             money to be paid for work done to the date of termination shall be in full and final satisfaction of all claims by the
             Contractor under this Deed of Agreement.

       (c)   The Contractor may terminate the Deed of Agreement by giving at least 60 days written notice to DHA.

4.15   RISK AND INDEMNITY

       (a)   The Contractor shall be liable for loss or damage (including personal injury whether or not resulting in death) suffered
             by DHA, its officers, servants, agents, or property occupants arising from the unlawful or negligent acts or omissions of
             the Contractor, in the course of the performance (or attempted performance) of the services or a breach of this Deed of
             Agreement.

       (b)   The Contractors releases and indemnifies DHA and all its officers, servants and agents from and against all actions,
             proceedings, claims and demands which may be brought or made against any of them by any person arising from:

             (i)     any wilful or negligent act or omission of the Contractor or any person for whose conduct the Contractor is liable;

             (ii)    a breach of this Deed of Agreement by the Contractor;

             (iii)   any wilful or negligent act or omission of the visitors, invitees or licensees of the Contractor; or

             (iv)    death, injury, loss or damage suffered by the Contractor or any of its visitors, invitees or licensees except where
                     the death, injury, loss or damage is caused by the negligence or other wrongful act or omission of DHA, its
                     officers, servants or agents, in connection with the performance (or attempted or purported performance or non
                     performance) of the services or any breach of this Deed of Agreement.

4.16   INVOICES

       (a)   A valid „Tax Invoice‟ as defined by “A New Tax System (Goods & Services Tax) Act 1999” will be submitted on
             completion of all work. (Contractors should be aware that under this Act, DHA is treated as an enterprise. This means
             that DHA is liable for Goods and Services Tax on any taxable supplies it makes, and may be entitled to claim input tax
             credits for its creditable acquisitions.)

       (b)   No Fees will be paid by DHA in respect of any part of the services that DHA has certified as not being performed in
             accordance with this Deed of Agreement.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                            Page               46
       (c)   The Contractor must submit valid “Tax Invoices” within 14 days of completing the services provided; the invoice will
             be paid by DHA within 30 days of receipt. Non GST Registered businesses invoices are not guaranteed for payment
             within 30 days.

       (d)   In accordance with DHA‟s Online Services environment, Contractors will be required to access and utilise DHA's
             online interface to submit invoicing.

       (e)   The sample of an acceptable Tax Invoice is found at Appendix B to this Deed of Agreement. The layout of this sample
             Tax Invoice is indicative only; however it does stipulate the minimum content requirements that will be acceptable to
             DHA. Invoices submitted without the minimum content will not be paid and will be returned for correction.

4.17   INSURANCES

       (a)   In respect of any contract of insurance specified, which is 'claims made' or 'claims made and notified' insurance the
             Contractor will continue to maintain such insurance for a period of 12 months after expiration of the term of the RMS
             panel.

       (b)   The Contractor must provide DHA with copies of relevant insurance certificates for Public Liabilty $10mil cover
             required, Worker Compensation Insurancs or Income/Sickness and Accident insurance protection. Evidence of such
             insurance including the relevant policies must be provided with Tender.

       (c)   All insurance policies must be satisfactory to DHA and must be maintained while the Contractor is engaged under this
             Deed of Agreement.

4.18   WAIVER

       No rights under this Deed of Agreement will be deemed to be waived except where the waiver is in writing and is signed by
       each party.

4.19   ACTS BEYOND CONTROL

       Neither party will be entitled to exercise its rights and remedies in respect of the default of the other party if that default is
       caused by an act beyond that party‟s control such as war or natural disaster.

4.20   ASSIGNMENT

       Neither this Deed of Agreement nor any of the benefits or obligations accruing under this Deed of Agreement may be
       assigned, subcontracted or otherwise divested by the Contractor without the prior written consent of DHA.

       DHA may assign its rights and obligations under this Deed of Agreement.

4.21   ASSISTANCE

       The Contractor must do, sign and execute (and cause to be done, signed and executed) all acts, deeds, documents and things
       as may reasonably be required by DHA so as to carry out and give effect to this Deed of Agreement on terms acceptable to
       DHA.

4.22   SERVICE STANDARDS

       (a)   The Contractor agrees to be bound by and must observe and perform all parts of this Request for Tender.

       (b)   DHA can amend the terms and conditions at any time and will notify the Contractor of any amendments made.
             Amendments will have no effect until Contractors are notified in writing.

       (c)   DHA will check and monitor the performance of the Contractor against the Key Performance Indicators.


4.23   NOTICES

       Notices or communications under this Deed of Agreement must be in writing and may be delivered by paid postage, by hand,
       by facsimile transmission or by electronic mail system to each of the Parties at the address, or facsimile number set our in the
       Attachment A this Deed of Agreement, or such other address or facsimile number as either party may specify by the notice in
       writing to the other. In addition, the Parties may transmit notice to users agreed between the Parties by an electronic mail
       system agreed between the Parties for sending notices under this Deed of Agreement.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                            Page                    47
       Notices are deemed to be given and received:

       (a)   two days after deposit in the mail with postage prepaid;

       (b)   immediately upon delivery by hand;

       (c)   if sent by facsimile, immediately upon apparently successful facsimile being noted by the sender's transmitter;

       (d)   If sent by an electronic mail system, immediately upon an apparently successful electronic transmission being noted by
             the sender's computer provided the sender's computer is programmed to advise the sender the transmission has not been
             delivered and the sender does not receive such a message.

4.24   COPYRIGHT ON DESIGNS AND TRADES

       (a)   To the extent that the Contractor is required by this Deed of Agreement to use any trademark, logo, copyright or design
             owned by DHA, DHA authorises the Contractor to use that trademark, logo, copyright or design for the purpose of this
             Deed of Agreement.

       (b)   The Contractor will not use or allow to be used the trade mark, logo, copyright or design for any other purpose.

       (c)   The Contractor must send to DHA before using any trademarks, logo, and copyright or design a sample of all material
             displaying the trademark, logo, copyright or design.

       (d)   The Contractor may only use printed materials containing DHA‟s trademarks, logo, copyright or design with the prior
             written consent of DHA.

       (e)   When this Deed of Agreement ends the Contractor must immediately stop using all DHA trademarks, logo, copyright
             or designs and return to DHA or dispose of as directed by DHA all printed material in the Contractor‟s possession that
             displays DHA‟s trademarks, logo, copyright or designs.

4.25   COSTS

       (a)   Contractors are responsible for all stamp duty and other taxes (including any GST), levies and imposts payable on, or in
             respect of this Deed of Agreement or any documents or instruments of transfer to be executed pursuant thereto.

       (b)   If at any time in the future a State or Federal government authority requires the Contractor to pay any tax (including
             any goods and services tax), levy or other authorised government charge relating to the services or Contractor this Deed
             of Agreement (other than any tax based upon DHA net income) then the Contractor will pay that amount directly to the
             relevant government authority.

       (c)   The Parties will pay their own legal costs and disbursements incurred in preparing and executing this Deed of
             Agreement.

       (d)   The Contractor will pay to DHA within five (5) Business Days after being notified by DHA all of the legal costs and
             disbursements (on a full indemnity basis) incurred by DHA relating to:

             (i)    DHA taking any action to protect its rights under this Deed of Agreement; and

             (ii)   DHA trying to fix or succeeding in fixing any default by the Contractor.

4.26   PRIVACY

       DHA Privacy Policy means the operating requirements, policies and procedures adopted by DHA from time to time
       pertaining to its dealing with Personal Information (inclusive of matters relating to privacy, confidentiality, the Privacy Act,
       National Privacy Principles, or the Guidelines).

       The Contractor acknowledges and agrees that:

       (a)   it is aware of the DHA Privacy Policy;

       (b)   information provided to the Contractor by DHA pertaining to DHA Clients, is Personal Information; and

       (c)   It must deal with any Personal Information in accordance with the DHA Privacy Policy.



DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                 48
4.27   RESOLUTION OF DISPUTES

       No arbitration or court proceedings

       A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute
       arising out of this Agreement (Dispute) unless it has complied with this clause 4.27.

       (b)   Notification

             A party claiming that a Dispute has arisen must notify the other party in writing giving details of the Dispute.

       (c)   Parties to resolve dispute

             During the 30-day period after a written notice is given under clause 4.27(b)(or longer period agreed in writing by the
             Parties) (Initial Period) each party must use its reasonable efforts to resolve the Dispute.

       (d)   Mediation

             (i)      If the Parties are unable to resolve the Dispute within the Initial Period, each party agrees that the Dispute must
                      be referred for mediation, at the request of either party, to:

             (ii)      a mediator agreed on by the Parties; or

             (iii)    if the Parties are unable to agree on a mediator within seven (7) days after the end of the Initial Period, a mediator
                      nominated by the then current President of the Law Society of the Contractor‟s State or Territory or the
                      President's nominee; and

             (iv)      The mediation must be conducted in the local Housing Management Centre.

       (e)   Role of mediator

                     The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision
                     that is binding on a party unless that party has so agreed in writing.

       (f)   Confidentiality

             Any information or documents disclosed by a party under this clause 4.27(f):

             (i)       must be kept confidential; and

             (ii)      May not be used except to attempt to resolve the Dispute.

       (g)   Costs

             Each party must bear its own costs of complying with this clause 4.27 and the Parties must bear equally the costs of any
             mediator engaged.

       (h)   Termination of process

             After the Initial Period, a party that has complied with clauses 4.27(b), (c) and (d) may terminate the dispute resolution
             process by written notice to the other party.

       (i)   Breach of this clause

             If in relation to a Dispute a party breaches any provision of clauses 4.27(a)(b) and (d), the other party need not comply
             with clauses 4.27(a)(b) and (d) in relation to that Dispute.

       (j)   Failure to resolve Dispute

       If the Dispute cannot be resolved under the provisions of this clause 4.27 then Parties may seek independent legal advice.
       Furthermore, nothing in this clause 4.27 prevents either Party from seeking independent legal advice or urgent injunctive
       relief.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                            Page                    49
EXECUTED as an agreement




SIGNED for DEFENCE HOUSING AUSTRALIA by a                     SIGNED for the CONTRACTOR by a duly authorised
duly authorised officer:                                      officer:

_____________________________________                         _____________________________________
Signature of authorised person                                Signature of authorised person

_____________________________________                         _____________________________________
Name of authorised person (print)                             Name of authorised person (print)

_____________________________________                         _____________________________________
Title of authorised person (print)                            Title of authorised person (print)

_____________________________________                         _____________________________________
Date                                                          Date



WITNESSED for DEFENCE HOUSING AUSTRALIA by:                   WITNESSED for the CONTRACTOR by:

_____________________________________                         _____________________________________
Signature of Witness                                          Signature of Witness

_____________________________________                         _____________________________________
Name of Witness (print)                                       Name of Witness (print)

_____________________________________                         _____________________________________
Title of Witness (print)                                      Title of Witness (print)

_____________________________________                         _____________________________________
Date                                                          Date




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                          Page         50
                            APPENDIX A TO DEED OF AGREEMENT – CONTRACT DETAILS

                Contract Name:                                  Residential Maintenance Services Panel
                                                                (RMS2009)
                Commencement Date for Services:                 Wednesday 1 July 2009
                Expiration of Term:                             Friday 29 June 2012
                Name of Contractor’s Business:                  <insert from completed Tender Response
                                                                Section, Part 5, S2.1>
                Contractor’s ACN:                               <insert from completed Tender Response
                                                                Section, Part 5, S2.1>
                Contractor’s ABN:                               <insert from completed Tender Response
                                                                Section, Part 5, S2.1>
                RMS Services Provided:                          <insert from completed Tender Response
                                                                Section, Part 5, S2.3>
                Contractor’s Primary Representative:            Position:
                                                                Postal Address:
                                                                Contact Phone:
                                                                Contact Fax:
                                                                Contact Email:

                                                                <insert from completed Tender Response
                                                                Section, Part 5, S2.2>
                Contractor’s Alternative Representative:        Position:
                                                                Postal Address:
                                                                Contact Phone:
                                                                Contact Fax:
                                                                Contact Email:

                                                                <insert from completed Tender Response
                                                                Section, Part 5, S2.2>
                DHA’s Representative:                           Position:
                                                                Postal Address:
                                                                Contact Phone:
                                                                Contact Fax:
                                                                Contact Email:
                Contractor’s Billing Address:                   <insert from completed Tender Response
                                                                Section, Part 5, S2.1>
                Contractor’s Bank Details:                      Account Name:
                                                                Bank Name:
                                                                BSB Number:
                                                                Account Number:

                                                                <insert from completed Tender Response
                                                                Section, Part 5, S2.7>




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                 Page   51
                              APPENDIX B TO DEED OF AGREEMENT – SAMPLE INVOICE


         Supplier name:

         ABC CONTRACTORS                                                                 TAX INVOICE
         123 Alphabet St                                                                 Tax Inv. Number: …………………..
         Left Town XXXX                                                                  Inv. Date: …………………………...
         Supplier‟s ABN:
                                                                                              W.O. Number: …………………….



         Defence Housing Australia
         LOCAL Address


                                 Date Work Completed: ………………………………….


WORK COMPLETED                                                                                                                $ PRICE

Detail of work completed



Labour                      x hours @ $00 (Tendered Price)                                                                    $

Materials Used              (list and price)                                                                                  $

                            (50 power points @ $X each)

Extras (as approved by DHA)
       $




                                                                                           SUB TOTAL Excludes GST.            $ ..……………


                                                                      GST Amount (if not registered for GST write nil) $.......................




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                           Page                     52
                                     Request for Tender
                         For the Appointment of Contractors to the
                 Residential Maintenance Services Panel (RMS2009)


                                     Cleaning Services
                              Floor Covering Cleaning Services
                               Grounds Maintenance Services

                                            DHA RFT No. 170


                                                      Part 5
                      Tender Response Schedules




DHA Request for Tender for Appointment of Contractors to the RMS Panel -   Page   53
5.     TENDER RESPONSE SCHEDULES

5.1    INSTRUCTIONS TO TENDERERS FOR COMPLETING TENDER

       Tenderers must provide the information requested in each of the six Tender Response Schedules comprising this Part 5 as
       clearly as possible. As outlined in Part 1, The information sought in the Tender Response Schedules represents the Minimum
       Information Requirements for Tenders. Failure to complete any aspects of any of the Tender Response Schedules will mean
       that the Tenderer hasn‟t meet the Minimum Information Requirements, and will deem the tender non-confirming. DHA may
       not consider the tender further.

       The Tender Response Schedules are as follows:

       (a)   Schedule 1 – Tenderer‟s Statement of Compliance and Declaration. This schedule requires the Tenderer to
             acknowledge that they understand the terms and conditions contained in the Tender Document Set, that no improper
             conduct has been entered into in the preparation of the tender, and the Addenda that they have received.

       (b)   Schedule 2 – Tenderer‟s Information. This schedule requires the Tenderer to outline the general details of the
             Tenderer‟s type of business, the RMS services that they are nominating for, ABN/ACN, licence and insurance details,
             contact personnel, address information, bank details and the like. Tenderers must include details of current insurance
             policies (name of insurer, levels of insurance and expiry date); and licensing details (where applicable) in their tender.

       (c)   Schedule 3 – Tenderer‟s Understanding of the Requirement. This schedule requires the Tenderer to outline their
             appreciation of the services being sought, including how the Tenderer will benefit DHA‟s requirement to provide high
             a standard of housing to members of the ADF and their families, how they will approach their work in general terms,
             their approach to interacting with DHA and Defence personnel, and how they will assure quality and safety in the
             approach to their work.

       (d)   Schedule 4 - Tenderer‟s Demonstrated Ability and Experience to Provide the Services. This schedule requires the
             Tenderer to provide information regarding their company background, previous and/or current work performed for
             DHA or other customers, and the contact details of at least two referees who can comment on the Tenderer‟s work.

       (e)   Schedule 5 – Tenderer‟s Capacity. This schedule requires Tenderer‟s to nominate the regions in which they propose to
             operate in the provision of services under this RFT, provide details of their personnel and equipment, and their ability
             to meet the fluctuating demand for their services as a result of the Defence posting cycle.

       (f)   Schedule 6 – Fee proposal – This schedule requires Tenderers to outline their fees against each of the Schedule of Rates
             items listed against the RMS services packages that they are nominating for.

       Tenderers must attach all such additional information as required by each Schedule, ensuring that their responses make
       adequate reference to the additional information.

       The information provided in each Tender will be evaluated in accordance with the criteria and methodology set out in Part 1
       of this RFT.

       Tenderers must only nominate for:

       (a)   for the RMS services listed in Schedule 2 for which they have qualifications and demonstrated experience; and

       (b)   the provision of those RMS services in the geographic areas listed in Schedule 5 for which they have suitable labour,
             facilities and equipment to undertake such services.

5.2    SUBMISSION OF THE TENDER

        Tenders are to be submitted in accordance with Part 2, Sections 2.4 and 2.5.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                 54
                        SCHEDULE 1 – TENDERER’S STATEMENT OF COMPLIANCE & DECLARATION

       This Schedule 1 shall be completed, or the Tender will be deemed non-conforming and may not be considered further by the
       DHA Tender Evaluation Panel.

       This schedule requires the Tenderer to acknowledge that they understand the terms and conditions contained in the Tender
       Document Set, and that no improper conduct has been entered into in the preparation of the tender.



       I, ................................................................................................................................................. [insert name]

       of........................................................................................................................... ..................... [registered address] of

       ................................................................…............................... [company name], „ Tenderer‟

       do solemnly and sincerely declare as follows:

       1. I certify that I have read, understood and, comply with the terms and conditions of the documents and all attachments
          which comprise this RFT, in particular:

             The General Information (Part 1), The Conditions of Tender (Part 2), The Statement of Requirement (Part 3), The Deed
             of Agreement (Part 4) and The Tender Response Schedules (Part 5); and

       2. I am authorised to sign this Tender and Tenderer Declaration for and on behalf of the Tenderer and to make this
          declaration.

       3. The Tender to which this statutory declaration is appended has not been prepared with the benefit of information
          improperly obtained from Defence Housing Australia, its officers, employees, Contractors or agents.

       4. The Tenderer and through its officers, employees or agents, has/have not attempted and shall not attempt, to influence
          improperly any officer or employee of the Authority in connection with the assessment of the Tender.

       5. The Tenderer has taken appropriate advice on the Request for Tender for Appointment to Defence Housing Australia
          Residential Maintenance Services Panel issued by the Authority and its requirements and understands and agrees to all
          conditions including without limitation obligations and acknowledgments included in the RFT.

       6. The Tenderer has received the following Addenda (list all RFT addenda received below, including any references and
          dates as applicable. If no addenda were issued or received leave blank or insert a „Not Applicable‟):

               Addendum No.
                                             Title                                                                                                             Date issued




       7. The Tenderer warrants that in the preparation of its Tender:

             (a) neither itself nor any of its officers, employees, Contractors or agents have, at the date of submission of its Tender,
                 knowledge of the terms and conditions of any Tender submitted by any other Tenderer;

             (b) neither itself nor any of its officers, employees, Contractors or agents have disclosed, or will disclose, prior to the
                 acceptance of a tender by the Authority, the terms of its Tender to any other Tenderer who submitted or proposes to
                 submit a tender for the Services, or to any other person or organisation (excepting its legal, and other professional
                 financial, insurance advisers); and




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                                                                           Page              55
             (c) neither itself nor any of its officers, employees, Contractors or agents, prior to the submission of its Tender, entered
                 into any contract, arrangement or understanding having the result that on being awarded a contract to supply the
                 services sought in the RFT, the Tenderer would pay to any other Tenderer who unsuccessfully responded to the RFT,
                 any moneys or provide any other benefit in respect of or in relation to the tender or any contract resulting there from.

       I make this solemn declaration by virtue of the Statutory Declaration Act 1959 and subject to the penalties provided by that
       Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this
       declaration to be true in every particular

       .………………………….……………………………………………………………………(1)

       Declared at .............................……....on the .......….... day of ......................…............. 2009,

       before me

       ............................................................................................................................................ ......(2)

       Notes:

       (1)                                Signature of the person making the declaration.

       (2)                                Signature and title of the person before whom the declaration is made.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                                                                        Page   56
                                       SCHEDULE 2 – TENDERER’S INFORMATION

       This Schedule 2 shall be completed, or the Tender will be deemed non-conforming and may not be considered further by the
       DHA Tender Evaluation Panel.

       This schedule requires the Tenderer to outline the general details of the Tenderer‟s type of business, the RMS services that
       they are nominating for, ABN/ACN, licence and insurance details, contact personnel, address information, bank details and
       the like. Tenderers must include details of current insurance policies (name of insurer, levels of insurance and expiry date);
       and licensing details (where applicable) in their tender.



S2.1   GENERAL INFORMATION



         Business Trading Name:

         Type of Business (company, partnership or sole trader):

         Names of Directors/Partners/Owner (as applicable):




         Place of Business/ Registered address:




         Postal Address (if different from above):




         ACN:                                                       ABN:

S2.2   CONTRACTOR‟S REPRESENTATIVE/S

       The Tenderer nominates the following person(s) as its Contractor's Representative/s under the terms of the Deed of
       Agreement.


         Name of Contractor‟s Primary Representative:

         Position held:

         Postal Address (if different from S2.1 above):

         Contact phone:

         Contact fax:

         Contact email:


         Name of Contractor‟s Alternative Representative:

         Position held:

         Postal Address (if different from S2.1 above):

         Contact phone:

         Contact fax:


DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                    57
         Contact email:

S2.3   NOMINATED SERVICES

       Indicate which of the RMS Services included in this RFT that you are tendering for:


          RMS Service                                                                  Nominating?
                                                                                       (Please tick)

          Cleaning


          Floor Covering Cleaning


          Grounds Maintenance


S2.4   LICENCE DETAILS

       Tenderers are to outline current and relevant trade licence/s for tendered area/s?


          Licence No.     Licence Name                                                 Expiry date




S2.5   INSURANCE DETAILS – PUBLIC LIABILITY

       Tenderers are to provide details of their current Public Liability Insurance (minimum level of $10 million cover required), or
       are to indicate their ability to arrange such insurance as required by the Deed of Agreement.

       Tenders are to Indicate in the table below which of the following is attached to this Schedule 2:

          Attached to this Schedule 2                                                  Attached?
                                                                                       (Please tick)
          Copy of a current Public Liability insurance certificate.
          A letter from insurer or broker stating that the Tenderer will have
          Public Liability insurance in place (to a minimum level of $10 million
          cover) within 7 days after date of receipt of a Letter of Acceptance
          issued by DHA.

       The Tenderer shall in tendering, agree that if current insurance is not in place within 7 days after date of Letter of Acceptance
       being received from DHA, a fundamental breach of a contract has occurred, and the contract based on the Letter of
       Acceptance is terminated at no cost or prejudice to DHA.

S2.6   INSURANCE DETAILS – WORKER‟S COMPENSATION

       Tenderers are to provide details of their Workers Compensation insurance details (if an employer), or Income Protection
       Insurance / Personal Accident insurance details (if a sole trader), as required by the Deed of Agreement.



DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                 58
       Tenders are to Indicate in the table below which of the following is attached to this Schedule 2:

          Attached to this Schedule 2                                                  Attached?
                                                                                       (Please tick)
          Copy of a current Workers' Compensation insurance certificate.

          Copy of a current Sickness and Accident insurance certificate.

          Copy of a current Income Protection insurance certificate.

          A letter from insurer or broker stating that the Tenderer will have the
          appropriate Workers‟ Compensation, Sickness and Accident or Income
          Protection insurance in place within 7 days after date of receipt of a
          Letter of Acceptance issued by DHA.


       The Tenderer shall in tendering, agree that if current insurance is not in place within 7 days after date of Letter of Acceptance
       being received from DHA, a fundamental breach of a contract has occurred, and the contract based on the Letter of
       Acceptance is terminated at no cost or prejudice to DHA.

S2.7   BANK ACCOUNT DETAILS

       Payment details for electronic funds transfer (EFT):



         Bank Name:

         BSB Number:

         Account Number:

         Branch name and address:

         Account Name:

S2.8   OPERATIONAL PERFORMANCE



         Have you or any person related to the financial operation of your business ever filed for bankruptcy? Yes/No (strike out
         whichever is not applicable)

         If yes, please provide details:




         Have you or any person related to the operation of your business ever been sued or do you have and legal action
         pending? Yes/No (strike out whichever is not applicable)

         If yes, please provide details:




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                 59
                                       TENDERER‟S ATTACHMENTS TO SCHEDULE 2

       Tenderer‟s are to attach insurance details as indicated in Sections S2.5 and 2.6, behind this page.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                     Page   60
                           SCHEDULE 3 – TENDERER’S UNDERSTANDING OF THE REQUIREMENT

       This Schedule 3 shall be completed or the tender will be deemed non-conforming and may not be considered further by the
       DHA Tender Evaluation Panel.

       This schedule requires the Tenderer to outline their appreciation of the services being sought, including how the Tenderer
       will benefit DHA‟s requirement to provide high a standard of housing to members of the ADF and their families, how they
       will approach their work in general terms, their approach to interacting with DHA and Defence personnel, and how they will
       assure quality and safety in the approach to their work.



S3.1     APPRECIATION OF THE REQUIRED SERVICES

       Briefly outline what you believe to be the key considerations for the successful performance of the RMS services that you
       have nominated for. Responses are to identify the various challenges that you will need to be overcome, and how you would
       propose to address these.




S3.2     APPROACH TO WORK

       Briefly outline how you would provide value services to DHA (in their objective to provide and maintain high quality
       housing for ADF members and their families), specifically in relation to:

       (a)   regular and effective communication with DHA representatives;

       (b)   prompt, reliable, high quality and safe completion of the work; and

       (c)   customer service excellence in any dealings with ADF members and their families, including what steps you would
             take to address any concerns, or complaints made by DHA or DHA Clients about the services that you provide.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                    Page                 61
   SCHEDULE 4 – TENDERER’S DEMONSTRATED ABILITY AND EXPERIENCE TO PROVIDE THE SERVICES


       This Schedule 4 shall be completed for each trade and location, or the tender will be deemed non-conforming and
       may not be considered further by the DHA Tender Evaluation Panel.

       This schedule requires the Tenderer to provide information regarding their company background, previous and/or current
       work performed for DHA or other customers, and the contact details of at least two referees who can comment on the
       Tenderer‟s work. Tenderers are to note that DHA may or may not contact these referees:



S4.1   GENERAL COMPANY PROFILE

       Tenderers are to provide a brief statement outlining their company background. Tenderers may attach a Company Profile
       brochure or the like to this Schedule, should they have one.




S4.2   REFERENCE PROJECT NO.1

       Briefly describe the type of services that provided for Reference Project No. 1, and their relevance to the RMS services being
       tendered for. Tenderers are to indicate “N/A” for any areas in the table below that are not applicable to the reference project.


         Customer Name:

         Contract/Project Name:

         Period over which services were provided:

         Scale of work that was undertaken (eg. $ value of contract, volume of work, etc):




         Any KPI‟s that were applied to the services (such as similar to those included in Part 3, Section 3.13 for DHA‟s RMS
         Services), and a summary of your performance against these KPIs:




       Client Referees for Reference Project No. 1:



DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                 62
         Name:

         Organisation:

         Appointment:

         Telephone:

         Mobile:

         Email:

S4.3   REFERENCE PROJECT NO.2

       Briefly describe the type of services that provided for Reference Project No. 2, and their relevance to the RMS services being
       tendered for. Tenderers are to indicate “N/A” for any areas in the table below that are not applicable to the reference project.


         Customer Name:

         Contract/Project Name:

         Period over which services were provided:

         Scale of work that was undertaken (eg. $ value of contract, volume of work, etc):




         Any KPI‟s that were applied to the services (such as similar to those included in Part 3, Section 3.13 for DHA‟s RMS
         Services), and a summary of your performance against these KPIs:




       Client Referees for Reference Project No. 2:


         Name:

         Organisation:

         Appointment:

         Telephone:

         Mobile:

         Email:




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page                 63
                                      TENDERER‟S ATTACHMENTS TO SCHEDULE 4

       Tenderer‟s may attach any company profile documentation as indicated in Section S4.1, behind this page.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                   Page   64
                                           SCHEDULE 5 – TENDERER’S CAPACITY

       This Schedule 5 shall be completed for each trade and location, or the tender will be deemed non-conforming and
       may not be considered further by the DHA Tender Evaluation Panel.

       This schedule requires Tenderer‟s to nominate the regions in which they propose to operate in the provision of services under
       this RFT, provide details of their personnel and equipment, and their ability to meet the fluctuating demand for their services
       as a result of the Defence posting cycle.



S5.1   PROPOSED REGIONS

       Tenderers are to indicate the regions that they are nominating for the provision of the various RMS services, by completing
       the table below, as follows:

       (a)          The RMS Region Code for the nominated region is to be entered into Column (a). Note that the RMS Region
             Codes are listed at Appendix A to Part 1 of this Tender Document Set.

       (b)           A tick is to be placed in the relevant columns (b), (c), and/or (d) to confirm the services that are being offered
             for the RMS Region.


                                                                           Floor
                                                                                          Grounds
                                                           Cleaning        Covering
         RMS Region Code                                                                  Maintenance
                                                           Services        Cleaning
                                                                                          Services
                                                                           Services
                               (a)                              (b)            (c)             (d)




S5.2   PERSONNEL AND EQUIPMENT

       Tenderers are to identify the personnel that they propose to be involved in the provision of the RMS Services, by completing
       the following table, and include their qualifications. For licenced trades please, relevant trade licence numbers are also to be
       included.

       Tenderers are encouraged to attach to this Schedule 5 a brief employment history for each of the nominate personnel.

       In relation to the “% availability for the provision of RMS services” included in the table below, Tenderers are to outline
       what portion of each person‟s time they envisage will be dedicated to the provision of RMS services, amongst other
       commitments.


                                                    Years                                       Relevant              % availability
                                                                          Sub-Contractor
         Name                 Proposed role         experience in                               qualifications or     for the provision
                                                                          or employee?
                                                    role                                        licences              of RMS services




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                         Page                     65
       Tenderers are to list the major equipment that will be available to deliver the nominated RMS services in each of the
       nominated regions by completing the table below(for example the number of vehicles, type of machinery and other major
       equipment to be available).


         Equipment Item                                   Qty       Comments




S5.3   ABILITY TO SERVICE REGIONS

       Based on the responses provided at Sections S5.1 and S5.2 above, Tenderers are to provide a brief statement confirming their
       ability to provide the RMS services the regions nominated.




       Tenderers are to briefly outline the nature of the emergency/priority response that they would be available to provide, with
       specific reference to response times




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                       Page                   66
       Tenderers are to briefly outline how they would manage their workforce to “scale-up” and “scale-down” to ensure the
       provision of all requirements of the nominated RMS services across the typical DHA posting cycle, which will include a peak
       activity period between October and February each year.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                   Page                67
                                      TENDERER‟S ATTACHMENTS TO SCHEDULE 5

       Tenderer‟s may attach any employment histories for their personnel as indicated in Section S5.2, behind this page.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                     Page           68
                                                  SCHEDULE 6 –FEE PROPOSAL


       This Schedule 6 shall be completed for each trade and location, or the tender will be deemed non-conforming and
       may not be considered further by the DHA Tender Evaluation Panel.

       This schedule requires Tenderers to outline their fees against each of the Schedule of Rates items listed against the RMS
       services packages that they are nominating for. Tenderers are to refer to the Specifications for each of the RMS service
       areas, included in Part 3 of this Tender Document Set.

       All prices shall include GST.

       Indexing of tendered prices is conducted annually on the 30th June. Contractors who have been appointed to the panel within
       6 months prior to this date will not have their prices indexed. The index used will be the Australian Bureau of Statistics
       Weighted Average Home Repairs & Maintenance Index. (CPI Table 7a-7l Series A2328096J)




 CLEANING                                                                                                                  PRICE

                     Schedule          Hourly rate for work not otherwise specified
 CLN,T&M,001                                                                                                               $
                     rate              under scheduled rates (SOR)

                     Schedule          Halcyon – house up to 4 bedrooms. Internal and
 CLN,SOR,001                                                                                                               $
                     rate              external clean

                     Schedule          Halcyon – extra over for each 20sqm over standard 4 bedroom house – e.g., extra
 CLN,SOR,002                                                                                                               $
                     rate              living area or room

                     Schedule
 CLN,SOR,003                           Internal standard clean – house up to 4 bedrooms                                    $
                     rate

                     Schedule
 CLN,SOR,004                           Internal standard clean – apartments                                                $
                     rate

                     Schedule          Internal standard clean – extra rate for each 20sqm
 CLN,SOR,005                                                                                                               $
                     rate              over 4 bedroom house – e.g. extra living area or room

                     Schedule
 CLN,SOR,006                           External standard clean – House                                                     $
                     rate

                     Schedule
 CLN,SOR,007                           Internal light clean – house up to 4 bedrooms                                       $
                     rate

                     Schedule
 CLN,SOR,008                           Internal light clean – Apartments                                                   $
                     rate

                     Schedule
 CLN,SOR,009                           Internal & External light clean                                                     $
                     rate

                     Schedule
 CLN,SOR,010                           External light clean- House                                                         $
                     rate

                     Schedule
 CLN,SOR,011                           Extra charge light clean on extra room or living area, up to 20sqm                  $
                     rate

                     Schedule
 CLN,SOR,012                           Heavy duty oven clean removing baked on deposits                                    $
                     rate

                     Schedule          Extra rubbish removal up to 5 x 25 litre garbage Bags. (in excess of 1 x 25 litre
 CLN,SOR,013                                                                                                               $
                     rate              bag allowed for in Halcyon – SOR 001)




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                          Page             69
 FLOOR COVERING CLEANING                                                                                                   PRICE

                       Normal       All carpet cleaning is to be completed in accordance with the Australian
 FCC,T&M,001                                                                                                               $
                       Hours        standards.

                       After        All carpet cleaning is to be completed in accordance with the Australian
 FCC,T&M,100                                                                                                               $
                       Hours        standards.

                       Schedule
 FCC,SOR,001                        Per Room – Carpet Sanitising Per Room                                                  $
                       Rate

                       Schedule     Whole House – (up to 4 Bed) Steam Clean Carpet to Australian Standards,
 FCC,SOR,002                                                                                                               $
                       Rate         deodorising and (normal use) stain removal

                       Schedule     Per Room - Steam Clean Carpet to Australian Standards, includes deodorising and
 FCC,SOR,003                                                                                                               $
                       Rate         (normal use) stain removal

                       Schedule     Whole House – (up to 4 Bed) Dry Clean Carpet to Australian Standards, includes
 FCC,SOR,004                                                                                                               $
                       Rate         deodorising and (normal use) stain removal

                       Schedule     Per Room - Dry Clean Carpet to Australian Standards, includes deodorising and
 FCC,SOR,005                                                                                                               $
                       Rate         (normal use) stain removal

                                    Carry out inspection of carpet with Black Light equipment for evidence of urine /
                       Schedule
 FCC,SOR,006                        moisture, pre- treatment with professional recommended material for urine odour        $
                       Rate
                                    and stain removal (If detected)

                       Schedule     Extra Cost of Stairs, Stairs could mean - Split level or next floor level and will
 FCC,SOR,007                                                                                                               $
                       Rate         involve between 3 and 30 steps

                       Schedule
 FCC,SOR,008                        Extra Cost (per room) of Agitation on Stubborn, Pet or Urine Stains                    $
                       Rate

                       Schedule     Site Visit and either Water Extraction after Inundation or lift and remove carpet if
 FCC,SOR,009                                                                                                               $
                       Rate         not salvageable (per room)

                       Schedule     Per Room – Steam Clean Floor Tiles with professional scrubbing machine using
 FCC,SOR,010                                                                                                               $
                       Rate         anti slip materials

                       Schedule     Whole House – (up to 4 Bed) Steam Clean Floor Tiles with professional scrubbing
 FCC,SOR,011                                                                                                               $
                       Rate         machine using anti slip materials

                       Schedule     Per Room – Vinyl (up to 20 square metres)– Machine Strip and Seal Vinyl and
 FCC,SOR,012                                                                                                               $
                       Rate         machine buff using professional recommended materials




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                        Page           70
 GROUNDS MAINTENANCE                                                                                                      PRICE

                                 For the purpose of the RMS 2009, hourly rate is for Grounds Maintenance (GMA)
                                 only T & M denotes Time and Materials
                    Normal       This may include arranging for supply of landscaping products, trimming of shrubs
 GMA,T&M,001                                                                                                              $
                    Hours        and bushes, filling of holes, levelling of yards and gardens, mulching of garden beds,
                                 removal of garden rubbish, weeding, removal of leaves, cleaning of gutters, and other
                                 associated ground maintenance work.

                    Schedule     Mow, weed and remove garden clippings, sweep paths and driveways – Less than
 GMA,SOR,001                                                                                                              $
                    Rate         400m2 allotments including front council verges,

                    Schedule     Mow, weed and remove garden clippings, sweep paths and driveways –400m2 to
 GMA,SOR,002                                                                                                              $
                    Rate         700m2 allotments including front council verges,
 GMA,SOR,003        Schedule
                                 Mow, weed and remove garden clippings, sweep paths and driveways – Above 700m2
                    Rate                                                                                                  $
                                 allotments including front council verges.

                                 Maintain grounds in a tidy and healthy state, empty letterbox, fertilise if required,
                                 water lawns within local legislative requirements and to community standards. Mow
                                 and edge lawns, trim plants/shrubs to within confines of gardens, weed gardens/paving
 GMA, SOR, 004      Schedule                                                                                              $
                                 as required to keep tidy. All to DHA requirements. < 400m2 Grounds to be in a tidy
                    Rate
                                 state when contractor commences. Tenderers are asked to provide a weekly scheduled
                                 rate.
                                 Maintain grounds in a tidy and healthy state, empty letterbox, fertilise if required,
                                 water lawns and gardens to keep green and healthy. Mow and edge lawns, trim
 GMA,SOR,005        Schedule
                                 plants/shrubs to within confines of gardens, weed gardens/paving as required to keep     $
                    Rate
                                 tidy. All to DHA requirements. 400m2-700m2 Grounds to be in a tidy state when
                                 contractor commences. Tenderers are asked to provide a weekly scheduled rate.
                                 Maintain grounds in a tidy and healthy state, empty letterbox, fertilise if required,
                                 water lawns and gardens to keep green and healthy. Mow and edge lawns, trim
                    Schedule
 GMA,SOR,006                     plants/shrubs to within confines of gardens, weed gardens/paving as required to keep     $
                    Rate
                                 tidy. All to DHA requirements. 700m2 > Grounds to be in a tidy state when contractor
                                 commences. Tenderers are asked to provide a weekly scheduled rate.




DHA Request for Tender for Appointment of Contractors to the RMS Panel -                                    Page              71

				
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