Conditions of Participation

A Procurement Invitation is a formal request issued by Australian Red Cross inviting suppliers to submit an offer to provide specified goods and services, on the terms and through the process set out in the associated market documents, e.g., a Request for Quote (RFQ) or a Request for Tender (RFT).
These Conditions of Participation prescribe the requirements for suppliers to submit an offer in response to a Procurement Invitation issued by Australian Red Cross. Australian Red Cross will evaluate offers and appoint one or more suitably qualified supplier(s) to provide the required goods and/or services.
The Responses will enable Australian Red Cross to:

i. Confirm that the Respondent(s) have understood the information presented in the Procurement Invitation.

ii. Confirm that the Respondent(s) would meet the requirements of Australian Red Cross.

iii. Evaluate the submission proposed and presented in the Respondent(s) submission.

iv. Evaluate (as key to above) the total cost of the proposed submission.

Australian Red Cross recognises the time and effort required to prepare a response and appreciates your participation and submission.

1.2 Australian Red Cross Overview

Australian Red Cross is a charitable organisation that operates within Australia and internationally and is a member of the International Red Cross and Red Crescent Movement.
Our vision is human dignity, peace, safety and wellbeing for all. We support and empower people and communities in times of vulnerability. Our purpose is to reduce suffering across Australia and internationally through mobilising the power of humanity.
Australian Red Cross follows seven fundamental principles of:

i. Humanity

ii. Impartiality

iii. Neutrality

iv. Independence

v. Voluntary service

vi. Unity

vii. Universality
The essence of Australian Red Cross is people helping people. The hard work, fundraising and generosity of our volunteers, members, donors and staff enables Australian Red Cross to engage with communities, Government and other organisations around the country to provide assistance for people in need, as well as responding to natural and other disaster situations.
Unless otherwise indicated in the market documents, the operations of Australian Red Cross Lifeblood, the International Federation of Red Cross and Red Crescent Societies (IFRC) and the International Committee of the Red Cross (ICRC) are specifically excluded from the scope of the Procurement Invitation.
Australian Red Cross Procurement Principles are:

i. Client Focused

ii. Value for Money & Best Practice

iii. Transparency and Accountability

iv. Capability & Continuous Improvement

v. Responsible & Sustainable Procurement

More detailed information about Australian Red Cross can be obtained from our website, www.redcross.org.au.

1.3 Contacting Australian Red Cross during a Procurement Invitation

All communication and correspondence relating to the Procurement Invitation must be directed through the communication channels specified in the market documents.
Communications (including promotional, events, and entertainment or advertising activities) with personnel of Australian Red Cross or consultancies assisting Australian Red Cross with the Procurement Invitation Process are not permitted during the tendering process, except with the prior written consent of the designated Australian Red Cross Representative.
Nothing in this section is intended to prevent communications with other personnel of Australian Red Cross (or consultants to Australian Red Cross) to the extent that such communications do not relate to the Procurement Invitation or the tendering process.
Respondents must not otherwise engage in any activities that may be perceived as, or that may have the effect of, influencing the outcomes of the tendering process in any way.
Unauthorised communications with such persons may, in the absolute discretion of Australian Red Cross, lead to the disqualification of a Respondent.
Australian Red Cross may choose to convey Responses to submitted questions and queries to all Respondents so that each is equally informed.

1.4 Anti-Competitive Conduct

Respondents and their representatives must not engage in collusive, anti-competitive or similar conduct with any other respondent or person in relation to:

i. the preparation, content or lodgement of their Response;

ii. the evaluation and clarification of their Response; or

iii. any negotiations with Australian Red Cross.
Australian Red Cross may, in its absolute discretion and without limiting any other rights, disqualify a Respondent it reasonably believes has engaged in such conduct.

2 Terms and Conditions of the Procurement Invitation

Respondents must make themselves familiar with these terms and conditions to ensure that they comply and adhere to them at all times during all Australian Red Cross’s tendering processes.

2.1 Compliance with Terms and Conditions

All Responses must comply with the requirements of the Procurement Invitation and formats contained in the market documents.
By responding to the Procurement Invitation, Respondents accept the Australian Red Cross Terms and Conditions for purchase orders at https://www.redcross.org.au/terms/
Non-conforming Responses may not be considered by Australian Red Cross.

2.2 Conditional Responses

A Response must not be conditional upon:

i. any board, committee, third-party or regulatory approval or consent;

ii. the Respondent conducting due diligence or any other enquiry or investigation; or;

iii. the Respondent reserving a right to negotiate commercial terms other than departures expressly permitted and clearly identified in the Response in accordance with the market documents.
Australian Red Cross may, in its absolute discretion, set aside or exclude a conditional Response from further consideration.

2.3 Intent of Procurement Invitations

Australian Red Cross’s Procurement Invitations through a Request for Quotation (RFQ) or a Request for Tender (RFT) do not represent a legally binding offer from Australian Red Cross and is merely an invitation to the Respondent to submit a response.

2.4 Conditional Responses

There will be no legally binding relationship between Australian Red Cross and any Respondent unless and until a formal contract is signed between Australian Red Cross and that Respondent.

2.5 Confidentiality

All information contained in the market documents shared by the Australian Red Cross for the purposes of tendering, including but not limited to all appendices, attachments and documents incorporated and referenced are confidential and may only be used for the purpose of the recipient to submit a response to Australian Red Cross or otherwise with written consent from Australian Red Cross.
All documents involved in the tendering process remain the property of Australian Red Cross and must be returned to Australian Red Cross or destroyed upon Australian Red Cross’s request.
The recipient may disclose Australian Red Cross’s confidential information only if Australian Red Cross has consented to the disclosure, or to the extent required by law.
The Respondent warrants that no third-party intellectual property rights are infringed by Australian Red Cross’s use of the Respondent’s offer for the purpose of the tendering process and indemnifies Australian Red Cross against any third-party claims arising from such infringements.
Australian Red Cross may require any person or entity seeking access to some or all market documents to execute a deed of confidentiality in a form required by (or satisfactory to) Australian Red Cross, prior to (or after) access being granted.

2.6 Disclosure Requirements

Australian Red Cross will treat responses as confidential and will not disclose response contents except:

i. as required by law;

ii. for the purpose of probity, audit, assurance, investigation, or compliance activities (including by external advisers engaged by Australian Red Cross); or

iii. as required by any applicable reporting or transparency obligations (where applicable).
If a Respondent claims that any part of its response is confidential and should not be disclosed, the Respondent must clearly identify that material and provide reasons (including the specific harm that could reasonably be expected to arise from disclosure).
Any confidentiality marking or agreed redaction does not prevent disclosure where required by law or where disclosure is required for audit/assurance purposes.

2.7 Use of Generative AI

Unless the market documents specify otherwise, a Respondent may use Generative AI tools to assist in preparing its response, provided that doing so does not breach these Conditions (including Confidentiality). Australian Red Cross may prohibit the use of Generative AI for some or all parts of the Procurement Invitation at its discretion (and will state this in the market documents where applicable).
The Respondent must disclose in its response:

i. any Generative AI tools/platforms used to prepare the response;

ii. which sections (if any) of the response were generated using Generative AI; and

iii. the steps taken to verify the accuracy, completeness and appropriateness of any AI-generated content.

2.8 Intellectual Property

All intellectual property rights existing in the Procurement Invitation and any market documents or information provided by Australian Red Cross in connection with the Procurement Invitation remain the property of Australian Red Cross (or its licensors).
A Respondent may use the Procurement Invitation and associated information (and any intellectual property in them) only for the purpose of preparing and submitting its response, and for no other purpose.
The Respondent retains ownership of intellectual property in its response. By submitting a response, the Respondent grants Australian Red Cross a non-exclusive, royalty-free licence to use, copy and reproduce the whole or any part of the response solely for the purpose of evaluating, clarifying and negotiating the response and, if applicable, finalising any resulting contract.

2.9 Reservation Of Rights

Australian Red Cross reserves its right to:

i. Modify the timing of the Procurement Invitation including the Response Closing Time at its discretion;

ii. Change any information and/or to issue addenda to the Procurement Invitation before the Closing Time;

iii. Seek amended responses from Suppliers and amend the Closing Time to allow Suppliers sufficient time to amend their response.

iv. Consider or accept, or refuse to consider or accept, non-conforming responses at its discretion;

v. Not accept the lowest priced response;

vi. Not accept any response;

vii. Withdraw or add requirements from the specified Scope of Requirements;

viii. Notify all Respondents of any changes or clarifications to Australian Red Cross’s requirements or to the Procurement Invitation generally;

ix. Withdraw or cancel the Procurement Invitation at any time before an agreement with a Respondent is signed;

x. Accept any response without further negotiation with Respondents;

xi. Negotiate pricing or any other elements of responses to the Procurement Invitation during the evaluation phase, prior to an Agreement or Agreements being signed, including meetings, Best And Final Offer (BAFO), or any other process required by Australian Red Cross;

xii. Accept one or more responses;

xiii. Select a Respondent to provide all or only part of the goods and/or services;

xiv. Require any or all Respondents to attend Australian Red Cross’s premises to present their response or answer queries on the response;

xv. Shortlist Respondents based on their responses; and

xvi. Enter into any discussions at its sole discretion with the Respondents in relation to the results, findings, assessment, rating or scores of Respondents.

2.10 Acknowledgements

In submitting a response, each Respondent acknowledges and agrees that:

i. It grants to Australian Red Cross a non-exclusive right to use and reproduce any information, processes, sketches, calculations, drawings, computer programs or other data embodied or contained in the response, solely for the purposes of evaluating the response.

ii. The information contained in the Procurement Invitation and market documents has not been independently verified and, to the extent permitted by law, Australian Red Cross and its directors, officers, advisers, employees and agents are not and will not be under any liability, whether arising from negligence or otherwise, for any representation contained in it or any omission from it or for any error, inaccuracy, incompleteness or other defect in the information it contains.

iii. Australian Red Cross is not responsible for and will not compensate the Respondent for any costs (whether direct or indirect) incurred by the Respondent in preparing and/or submitting a response to the Procurement Invitation.

iv. All numbers and quantities referenced in market documents provided by Australian Red Cross are estimates only and are provided as an indication of requirements.

v. Australian Red Cross does not guarantee the accuracy of the data and cannot accept any liability for inaccuracies.

2.11 Responses to Remain Open and Valid

All responses (including all rates, prices, costs, service levels, capabilities etc.) must remain open for acceptance by Australian Red Cross (i.e. valid) for a period of 6 months from the Response Close Date.

2.12 Late Responses

Respondents are responsible for submitting their Offers prior to the Procurement Invitation closing time and time in accordance with the acceptable lodgement requirements.
Any Offer received by the Australian Red Cross later than the stipulated Procurement Invitation closing time and time may be removed from further consideration by Australian Red Cross.

2.13 Alternative Offers

Respondents may also submit alternative Offers if they feel it may offer Australian Red Cross additional benefits whilst still complying with the Requirements.
If the Respondent has additional products, solutions or services that may be of benefit to Australian Red Cross, Respondents are requested to provide details of those products. The cost (if any) of those products and services should be clearly identified.
Any alternative response must be separate from the response and must be clearly marked as an ‘Alternative Response”.
Australian Red Cross may, in its absolute discretion, and without having any obligation to do so, take into account any Alternative Response. Australian Red Cross also reserves the right to evaluate, accept or reject any Alternative Response wholly or in part.

2.14 Respondents to Inform Themselves

Australian Red Cross has taken all reasonable care to ensure that the information in the Procurement Invitation is accurate, however Australian Red Cross gives no representation or warranty as to the accuracy or sufficiency of the contained information and that all Respondents will receive the same information.
Each Respondent must:

i. Acquaint and satisfy itself with all aspects of the Procurement Invitation and all other documents included or referred to in it;

ii. If a Respondent identifies any discrepancy, ambiguity, error or inconsistency in the Procurement Invitation or any other market documents (other than minor clerical matters), the Respondent must notify Australian Red Cross in writing as soon as practicable so that Australian Red Cross can consider what corrective action (if any) is required.

iii. If Australian Red Cross determines that there is an inconsistency between market documents, Australian Red Cross may determine the order of precedence and may notify all Respondents of that determination.

iv. Examine all other information provided by Australian Red Cross to respondents in connection with the Procurement Invitation;

v. Examine all other relevant information available as an extension to the Procurement Invitation as deemed necessary.

vi. Obtain all necessary information as to the risks, contingencies and other circumstances which are obtainable by the making of reasonable enquiries and could have an effect on the performance and cost of executing the services;

vii. Satisfy itself as to the correctness and sufficiency of the offer and that the prices cover the cost of complying with all the requirements of the Procurement Invitation and of all matters and requirements necessary for the due and proper performance and completion of the services, before submitting its offer; and

viii. Where respondents have made assumptions in preparing an offer or where an offer includes qualifications or exclusions in relation to specified requirements or conditions, these must be clearly specified in the response to the Procurement Invitation.

2.15 Prices Include All Costs

Submitted rates and prices are deemed to include all costs, insurances, taxes, fees, expenses, liabilities, obligations, risks and other things necessary for the performance of the requirement.
Any charge not stated in the response to the Procurement Invitation as being additional, will not be allowed as a charge against any transaction under any resultant contract without full and written consent from Australian Red Cross.
Suppliers are required to submit fixed prices exclusive of GST for all goods and/or services proposed. Prices are firm for the duration of the contract and are not subject to adjustment or variation without full and written consent from Australian Red Cross.
Australian Red Cross reserves the right to negotiate pricing, terms, or other aspects of the Offer where it is deemed to be in the organisation’s best interest.
Respondents must complete the attached Pricing Schedule template (if provided) without modifying the format and following the instructions thereby provided.

2.16 Applicable Goods and Services Taxes

Tender rates and prices shall be exclusive of goods and services tax (GST).

2.17 Currency of Proposed Rates and Prices

Unless otherwise indicated, all rates and prices submitted by Respondents shall be in Australian Dollars.

2.18 Compliance with Standard Contract Terms

By submitting an Offer, the Respondent acknowledges that it has read, understood, and agrees to Australian Red Cross’s proposed Contract/Agreement terms as outlined in the market documents, except for departures clearly outlined by the Respondent in line with the paragraph below.
Any proposed departures to the proposed Contract/Agreement must be clearly identified and submitted with the Offer in the supplier’s response, including to:

i. Specify the clause or clauses it is unable to comply with;

ii. Give a brief explanation of why the clause cannot be accepted; and

iii. Give the “next best” wording it would be able to accept.
Australian Red Cross is under no obligation to consider or accept any such departures.
A Respondent’s degree of compliance with the Contract/Agreement will be part of the assessment criteria Australian Red Cross applies in selecting the Respondent. Respondents must not Reproduce the Contract/Agreement or provide an amended copy. Australian Red Cross’s Contracts/Agreement are subject to copyright and are confidential.

2.19 Assumptions

Should Respondents believe that certain questions, clarifications and enquiries have not been answered, clarified or addressed by Australian Red Cross during the Tendering Process before the deadline, they must ensure that they clearly state any assumptions or interpretations that they have made, in their response.

2.20 Conflict of Interest

Respondent must not, and must ensure that its officers, employees, agents and advisers do not act in any way to place themselves or any representative from Australian Red Cross in a position that may give rise to actual, potential or perceived conflict of interest during the Tendering Process.

Suppliers must not offer gifts, benefits, hospitality, favours, inducements, discounts, rebates, travel, entertainment, vouchers, gift cards, cash or cash equivalents to Australian Red Cross workers where the offer could reasonably be perceived as intended to influence, or reward, a business decision.
The Respondents must provide details of any interests, relationships or clients which may give rise to a conflict of interest in relation to the procurement process or the supply of goods or services under any contract that may result from the Procurement Invitation.
If the Respondent submits its Offer and a conflict of interest arises, or is likely to arise, which was not disclosed in the response, the Respondent must notify Australian Red Cross immediately in writing of that conflict.
Australian Red Cross may disqualify a Respondent from the Tendering Process if the Respondent fails to notify Australian Red Cross of the conflict as required.

2.21 Charitable Support of Australian Red Cross

Australian Red Cross is a registered charity. It welcomes an ongoing partnership with the selected Respondents as well as ongoing charitable support for our operations. Respondents are requested to provide details of any proposed charitable support where indicated.

2.22 Environment, Corporate Social Responsibility, Social Enterprise, Fair Trade Management and Aboriginal & Torres Strait Islander Engagement

If not specified in the market documents, as part of their responses, suppliers are encouraged to provide the following:

i. Evidence of positive, fair and ethical work practices, including promoting a culture of non-discrimination and inclusion of disadvantaged groups.

ii. Evidence that employee terms and conditions are as a minimum consistent with the relevant Federal awards or legislation.

iii. Demonstration of environmental standards and credentials, and demonstration of corporate social responsibility including a fair-trade policy will be highly regarded.

iv. Australian Red Cross supports and respects human rights and actively seeks to ensure suppliers have policies to ensure we are not complicit in human rights abuses committed by others.

v. Details of the Respondent’s current Reconciliation Action Plan (RAP) if applicable

2.23 Retention of Tenders

By submitting an offer, the Respondent unconditionally and irrevocably licences Australian Red Cross to use, copy, adapt and reproduce offer documents for the purposes of evaluation, clarification, negotiation or contract execution.

2.24 Promotion

The Respondent acknowledges that the use of Australian Red Cross emblem is regulated by the Geneva Conventions Act 1957 and that its misuse is a criminal offence. The Contractor must not use Australian Red Cross emblem, any Australian Red Cross logo or Australian Red Cross name without the prior written permission of Australian Red Cross.
By working with Australian Red Cross, respondents may be permitted to use Australian Red Cross brand as a marketing tool and as a reference. However, any use of Australian Red Cross name or logo is strictly subject to the express prior written consent of Australian Red Cross. Permission will only be given where the proposed use of Australian Red Cross name or logo meets Australian Red Cross branding policy and may be withheld in Australian Red Cross’s absolute discretion.

3 Evaluation of Offers

Australian Red Cross will review responses for completeness to ensure that all the required information requested as part of the Procurement Invitation has been provided.
If a response is not complete, Australian Red Cross will decide whether it should be considered in, or excluded from, the evaluation process and whether the missing information should be requested from the Respondent.
The evaluation criteria set out in the Procurement Invitation describe how Australian Red Cross will assess Offers to determine the responses that represents the best overall value for money outcome.
Offers will be assessed against the evaluation criteria in the market documents, which will include mandatory requirements (Pass/Fail), and may include weighted evaluation criteria (scored), price and risks.
An Offer must satisfy all mandatory requirements to progress to further evaluation, unless Australian Red Cross determines otherwise at its absolute discretion.

3.1 Mandatory Requirements (Pass/Fail)

As part of Australian Red Cross’s obligations and commitments, suppliers seeking to do business with Australian Red Cross must comply with the following mandatory requirements:

i. Supplier Code of Conduct: Suppliers must confirm via signature of the Supplier Code of Conduct Acceptance Letter available, that they accept Australian Red Cross’s Supplier Code of Conduct.

ii. Purchase Order Terms & Conditions (Australian Red Cross T&C): By submitting a response, Suppliers accept the Australian Red Cross’s T&C.

iii. Modern Slavery Statement: Suppliers must comply with the instructions in the Procurement Invitation market documents regarding acceptance of, and compliance with, the Australian Red Cross Modern Slavery Statement and the Modern Slavery Act (cth. 2018). Where required by the market documents, suppliers must complete the Self-Assessment Questionnaire (SAQ) in the designated portal.

iv. Workplace relations and WHS (where specified)

Where stated in the market documents (including by reference to contract value, risk profile, or service delivery context), Respondents must provide evidence of compliance with applicable workplace relations and work health and safety obligations, and may be required to submit a workplace relations and WHS plan in the form specified by Australian Red Cross. Failure to provide required evidence or plans may result in the response being set aside from further consideration.

v. Other mandatory requirements as set out in the Statement of Requirements such as required licences/registrations/authorisations relevant to the services/works (if applicable), Confirmation of capacity to meet any required mobilisation/commencement dates or other.
Failure to satisfy a mandatory requirement may result in the Offer being set aside from further consideration.

3.2 Weighted Evaluation Criteria

Australian Red Cross may evaluate and score eligible responses against weighted criteria as specified in the market documents. Weightings indicate the relative importance of each criterion.

3.3 Scoring Methodology

When applicable, each weighted criterion will be scored using the scale below. Scores will be multiplied by the weighting to determine a weighted score.

0 – Non-conforming: Does not meet requirements or provides insufficient information; significant concerns.

1 – Poor: Meets requirements only to a limited extent; major gaps and/or high risk.

2 – Adequate: Generally meets requirements; some gaps; manageable risk with appropriate controls.

3 – Good: Meets requirements well; minor gaps; low risk; credible evidence.

4 – Very good: Exceeds requirements in several aspects; strong evidence; very low risk.

5 – Excellent: Significantly exceeds requirements; compelling evidence; outstanding value and low risk.
Australian Red Cross may apply consensus scoring, moderation, and/or calibration to ensure consistency across evaluators.

3.4 Price Evaluation

When applicable, price will be evaluated based on the pricing schedule(s) provided.
All pricing must include consideration of:

i. Total cost of ownership / whole-of-life costs (including transition, operating costs, maintenance, consumables, training, and exit costs where relevant);

ii. Pricing assumptions, exclusions, indexation, and any conditionality;

iii. Pricing structure, transparency, and appropriateness for the proposed delivery model;

iv. Identification of any unbalanced, incomplete, or abnormally low pricing.
Australian Red Cross may normalise pricing for evaluation purposes, including to correct arithmetic errors and/or align non-comparable pricing bases, and may seek clarifications.

3.5 Minimum Thresholds (when applicable)

Australian Red Cross may apply minimum thresholds to certain criteria. Where minimum thresholds apply, an Offer that does not meet the threshold may be excluded from further consideration regardless of overall score.

3.6 Evaluation Process and Reservations

As part of the evaluation, Australian Red Cross may:

i. Seek clarifications and/or additional information;

ii. Verify claims (including reference checks and due diligence);

iii. Invite shortlisted Respondents to presentations, interviews, workshops, or site inspections;

iv. Terminate the participation of any Respondent in the tendering process at any time (including where Australian Red Cross reasonably considers the Respondent has breached these Conditions or the integrity of the process may be compromised).

v. Request Best and Final Offers (BAFO);

vi. Negotiate with one or more Respondents.
Australian Red Cross may accept the response that represents the best overall value for money.
Important: Australian Red Cross is not obliged to accept any response nor is bound to select the lowest priced Offer. Australian Red Cross will select the response or responses that, in its assessment, offers the best overall value for money.

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