Doing business with the ABC

We advertise all open invitations to tender on the AusTender site at www.tenders.gov.au which is compliant to the Commonwealth Procurement Rules

Suppliers for TV programs

See the ABC TV Independent Production site.

Types of goods and services we purchase

Our procurement needs generally fall into the following types:

Broadcast equipment including information technology equipment and services

• Audio visual professional broadcast equipment
• Professional broadcast production equipment
• Recording & storage media
• IT purchases to support IT and broadcast applications
• Networking, telephony and associated equipment
• Satellite and transmission services with associated equipment

Business Services

• Fleet
• Freight
• Travel
• Short term car hire
• Accommodation services
• Print Stationery & office supplies
• Office equipment

People

• Contractors
• External Legal Services
• Training & development

Program making

• Lighting and broadcast equipment hire
• Editing and post production services
• Captioning services

Property

• Building services
• Security services
• Utilities
• Cleaning services

We use a competitive, transparent, accountable and ethical process to derive the best “value for money” in terms of ethics, quantity, quality, price, availability and best fit for the ABC with regard to social, corporate and environmental issues.

Our procurement process is aligned with the Commonwealth Procurement Rules, so everything you need to know about selling to us is also available at: Selling to the Australian Government

We have stringent guidelines regarding any acceptance of gifts or hospitality

All conflicts of interest must be declared by respondents when submitting their response. Potential respondents and all suppliers are must not engage in any form of providing gifts or hospitality as that would jeopardise the process. Doing so may result in them being excluded from the procurement process. If anyone working for the ABC solicits any form of gifts or hospitality from potential or existing suppliers, the suppliers must refer the matter the ABC Fraud Hot Line on 1800 635 863.

• Our gifts and hospitality policy
• Our conflict of interest and confidentiality policy
• Our fraud policy

We receive our funding from the Commonwealth Government and ensure all expenditure represents the ‘best value for money’. We encourage competition through a standardised procurement process and perform a comparative analysis of all relevant costs and benefits for each purchasing proposal over the life of the purchase.

All ABC procurement process is conducted in an accountable, transparent and ethical manner.

We rely on our suppliers to deliver excellence. We constantly seek to improve, and expect our suppliers to play a major part in this process, sharing the goal of world-class customer service to create a win-win working relationship.

Suppliers are selected on the basis of overall “value for money”. Whilst price is important, ABC will always consider non price factors such as:

• quality
• reliability
• safety
• timely delivery and
• after sales support
• insurance and risk
• compliance to ABC Terms and conditions of participation and relevant contract

Potential suppliers must demonstrate their financial, commercial and technical capability to fully meet the contractual requirements.

We also look for a clear demonstration of commitment to:

• equal opportunities in employment
• compliance to relevant legislation
• training of staff
• environmental issues
• WH&S
• corporate governance and
• social responsibilities

We encourage suppliers to offer options or solutions that, in a novel or innovative way, contribute to our ability to carry out business in a more efficient and cost-effective manner. These may be functional, performance and technical advantages, or opportunities for better commercial arrangements.

In order to achieve value for money we use a range of methods to procure products and services. The choice of method depends on the type of product or service and its overall value. To achieve the best fit and outcome, the ABC adopts a number of processes including:

Effective sourcing

This comprises of a number of steps from project scoping through to contract. The ABC project team along with procurement work with the divisions across the ABC to:

• leverage the ABC purchasing power
• continuously improve purchasing processes and control
• ensure compliance with ABC procurement policy
• lead collaboration with divisions for better management of key suppliers and
• provide better and timely management information

Competitive tendering

Competitive tendering is the ABC’s preferred course of action for supplier selection and is generally used when the “whole of life” value of the goods and services to be purchased exceeds AUD $400,000 including GST. This creates the competitive tension required.

Open tendering

Open tendering is where the invitation is publicly available in AusTender for all interested providers to respond. From AusTender site interested parties can download the invitation documents. AusTender also gives the location, date and time when tenders will close. All whole of life purchases of goods and services greater than $400,000 including GST are publicly advertised unless use of limited/restricted invitations is adopted as per ABC internal processes that may also consider the CPR.

Limited/Direct tendering

This is where the invitation is issued to a limited number of suppliers due to the nature of the requirement. These include: where an initial open market approach has occurred i.e. an EOI; where there is only one supplier for goods or services such as property/shop leasing; Television & Radio program purchases; cases of extreme urgency or emergencies such as insurance damage; or use of pre approved panel of suppliers listed in commonwealth or state government, subject to use of ABC standard terms and conditions. Limiting to a panel of state or commonwealth arrangements as sufficient competitive tension has been established in the selection process. All restricted invitation processes require appropriate ABC delegate approval. The ABC ensures that direct sourcing is not used for the purposes of avoiding competition, or to discriminate against any domestic or foreign business.

Types of Invitation

Expressions of Interest (EOI) is used where the market is being tested for suitable respondents as the ABC may not know the market fully or where there are likely to be too many respondents and use is made of this process to cull for the next stage of the invitation process.

Request for Proposal (RFP) is used after an EOI process or directly where the requirement is to seek solutions, or a range of alternative innovative options, to meet the ABC needs.

Request for Tenders (RFT) is used after an EOI process or directly where the requirements are specific and respondents can provide a definitive, quantitative response.

Request for Quotations (RFQ) is used where the value is less than the $400,000 (including GST) threshold and the requirement is simple in nature i.e. off the shelf items.

Structure of Invitation Documents

RFT and RFP usually consist of:

• Section 1 – Introduction and Conditions of Lodgement
• Section 2 – Requirements specification
• Section 3 – Terms and Conditions for submitting a response .
• Section 4 – Response Schedules and including Compliance / Non-Compliance statement
• Section 5 – Respondent Declaration
• Section 6 – ABC Standard Terms and Conditions, Contract (Consultancy, Information Technology, Communications and Electronic Products and Services; and the ABC General Conditions of Contrac)t

All request documentation includes a description of the product or service, and where known, the quantity required. A description of the nature of the procurement, the scope and any requirements to be fulfilled, including any detailed technical specifications, conformity certification, plans, drawings, or other materials to assist respondents in submitting a complying response.

We also include any conditions for participation such as mandatory requirements. This includes pricing, technical requirements and documents that potential suppliers are required to submit. We will not consider respondents who do not comply with mandatory requirements in the evaluation process.

Applicable ABC standard terms and conditions of contract

A response section with a compliance statement.

All responses must be placed in the nominated ABC tender box by the stipulated date and time. Late submissions received after the stated deadline will not be considered. Acceptance of late submissions are under exceptional circumstances (for example, mishandling by the ABC) and at the ABC’s sole discretion.

We evaluate responses only against the published criteria along with compliance to relevant terms and conditions.

Some Common Selection Criteria are:

• price/cost
• non-price consisting of:
  • meeting the required specifications “fit for purpose”
  • quality
  • service and support
  • insurance and risk
  • delivery
  • compliance to ABC Standard Terms and Conditions of contract
  • energy, sustainability and WH&S aspects

Evaluation of tenders

An evaluation committee will examine each tender received and make recommendations as to which response represents the best value for money using the pre-determined evaluation matrix, weightings and scoring methodology.

In order to preserve the integrity (probity) of the competitive process, the evaluation of responses is undertaken objectively, consistently and without bias towards any particular supplier/s. Responses are usually evaluated against a pre-determined published set of criteria in the invitation documents. Scoring and weighting of criteria is determined before responses are received for evaluation. This provides the evaluation committee the right tools for an ethical, transparent and accountable method of awarding a business opportunity that is without bias. We will only award a contract to the supplier(s) we consider offers the best value for money and may seek Best and Final Offers (BAFO) as part of the evaluation and negotiation process.

Award of contract

Once we have awarded the contract, both the successful and unsuccessful respondents will be notified. The ABC will only provide unsuccessful respondents with debriefings upon written request to the nominated contact person. The ABC treats all responses commercial in confidence and only that respondent’s submission will be discussed and submissions by other respondents are not open for discussion, nor are the evaluation, scoring, or weightings.

We only award contracts after due internal approval processes and any contractual obligations commence only after issue of an ABC purchase order or an executed contract is signed by both parties.

A risk assessment of the proposed solution and selected respondent is undertaken to ensure that the ABC is not exposed to unacceptable risks from the proposed contract.

Suppliers are required to have insurance at a value appropriate to the likely maximum damage that they could potentially cause the ABC. Standard classes of insurance include public liability, property damage, product liability and professional indemnity. As a guide the Contractor should ensure that throughout the term of the contract it is insured with, or is the beneficiary under an appropriate insurance policy such as:

1. a broad form public liability insurance to the value of at least $20 million per occurrence
2. where the Contractor supplies Services, professional indemnity insurance to the value of at least $10 million in respect of each claim arising from or in relation to the Contractor/s performance of the Contract
3. where the Contractor supplies Products, product liability insurance to the value of at least $10 million in respect of each claim arising from or in relation to the Contractor/s performance of the Contract and
4. the contractor must have workers compensation insurance in place in accordance with prevailing law

Contractors will be required to produce evidence of insurances to the ABC in the form of a Certificate of Insurance. In some circumstances the ABC may require that it be named as an additional insured.

The ABC will generally not agree to clauses that ‘waiver rights of subrogation’, ‘hold harmless’, or requests an indemnification regardless of fault. The ABC’s insurers will not allow third parties to be named on its policies. Any requests or variations to insurance clauses need approval by ABC Legal and ABC Risk and Insurance.

There are three ABC Standard terms and conditions (T&C’s) of contract:

1. ABC General Conditions of Contract for Information Technology, Communications and Electronic Products and Services e.g. Studio integration, Internet services
2. ABC General Conditions of Contract for the Supply of Goods and Services or Purchase Order Terms and Conditions e.g cameras, property equipment and
3. Engaging external consultants (Consultancy).

Any variation to the ABC Standard T&C’s and the schedules must be approved by ABC Legal before they are agreed with the supplier. For example, if a supplier proposes to alter the ABC Standard T&C’s or proposes to use their own T&C’s, then ABC Legal must approve these changes.

Suppliers should have a purchase order before issuing an invoice

When ordering goods or services the ABC creates a purchase order with a unique number. The supplier should be in receipt of a valid purchase order, before providing the goods or services. Purchase orders issued for supply of goods and/or services will need to be quoted on all invoices. These invoices provide the means for payment and only upon entry of receipt in SAP against the respective purchase order will accounts payable in Adelaide effect payment.

Please directly contact the relevant accounts payable person on 08 8343 4000 or, if you are calling from outside Australia, +61 8 8343 4000.

Invoice details

Invoices should be sent to the address specified on the purchase order.

To avoid delay in payment it is important that the invoice is legally compliant and that it includes:

• a valid PO number
• your details (name, ABN and telephone number) to contact in case of any queries
• GST shown separately

Any non-compliant invoices will be sent back to the supplier resulting in delay in payment. Hence it is in the suppliers interests to ensure a legally valid invoice is submitted in the first instance.

Payment terms

The ABC’s standard terms of payment are 30 days commercial i.e. 30 days from month end of invoice date. The ABC reserves the right to withhold payment where the goods or services have not been provided in accordance with the contract. The ABC expects all their suppliers to pay any sums due to sub-contractors promptly and within the agreed days. Any advances are paid only against a bank guarantee.

Method of payment

All payments are made electronically via EFT and suppliers will need to ensure that full details are provided whilst their account is set up in SAP to enable prompt payment.

Payment queries

If you have a query regarding an outstanding payment please contact 08 8343 4000 or, if you are calling from outside Australia, +61 8 8343 4000.

E-Commerce

The ABC uses a variety of e-commerce facilities where it can support its purchases. SAP is used by the ABC as its base for financial management system. The costs of e-commerce transactions, however, need to be offset by savings in resources and other business costs. Currently facilities exist for providing links to vendor hosted catalogues. A catalogue punch out facility also exists with selected vendors so that requisitions can be created in the ABC SAP application to ensure compliance to approval processes.

What is the ABC ABN?

The ABC’s ABN number is 52 429 278 345.

Who do I contact about becoming a supplier?

All ABC invitations are published on the AusTender website and suppliers should review this site regularly to ascertain if any ABC invitations are within their areas of activity. You can also register with AusTender and receive free automatic notifications for your range of product categories.

We are only a small organisation so do we need to take part in tenders?

Yes. All open invitations are evaluated against responses received in the tender box. For small value orders please contact the relevant user areas directly.

We missed the tender can we still work with the ABC?

Yes but not for the unsuccessful tender. If you missed out this time you can always submit responses for future ABC invitations published in AusTender.

What are the Commonwealth Procurement Rules and Guidelines?

These are published by the Department of Finance and Deregulation and can be viewed at: http://www.finance.gov.au/procurement/procurement_guidelines.html.

How do we get paid or what to do if we are having trouble getting paid?

Contact the accounts payable area in Adelaide directly on 08 8343 4000 or, if you are calling from outside Australia, +61 8 8343 4000.

I cannot access the tender on AusTender?

Please contact the dedicated AusTender help desk via email link provided on the AusTender site or call them on their helpdesk number: 1300 651 698.

I did not get a purchase order. What should I do?

Contact the procurement support officer on 02 8333 2671 or, if you are calling from outside Australia, +61 2 8333 2671.

My address, email and contact details have changed. Who do I contact?

You will need to submit this request in writing to the accounts payable area. For details contact them on 08 8343 4000 or, if you are calling from outside Australia, +61 8 8343 4000.

• AusTender
• Commonwealth Procurement rules
• Australian National Audit Offices (ANAO) guidelines, Department of Finance and Deregulation
• Your business gateway to government information and services