Common use of Indigenous Procurement Policy Clause in Contracts

Indigenous Procurement Policy. The Contractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth via the Powering Indigenous Procurement reporting portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor must set out in the End of DLP Report: whether the Contractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the Contractor's Activities, the Contractor is responsible for managing the Contractor's access to the Powering Indigenous Procurement reporting portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portal. If the Contract Administrator considers, in its absolute discretion at any time during the carrying out of the Contractor's Activities, that it has concerns in relation to the Contractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator may direct the Contractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The Contractor: must comply with all directions issued by the Contract Administrator in relation to the Contractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator under subparagraph (i). Notwithstanding any other clause of this Contract, the Contractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 3 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Indigenous Procurement Policy. The Contractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor must set out in the End of DLP Report: whether the Contractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the Contractor's Activities, the Contractor is responsible for managing the Contractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator considers, in its absolute discretion at any time during the carrying out of the Contractor's Activities, that it has concerns in relation to the Contractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator may direct the Contractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The Contractor: must comply with all directions issued by the Contract Administrator in relation to the Contractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator under subparagraph (i). Notwithstanding any other clause of this Contract, the Contractor acknowledges and agrees that the reports it submits under subparagraph paragraph (b)(ii): will be recorded in a central database accessible by the Commonwealth and may be made publically publicly available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 2 contracts

Samples: Formal Agreement, Formal Agreement

Indigenous Procurement Policy. Option 1 (Non-High Value Contract) The Contractor Subcontractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the ContractorSubcontractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor If at any time the Subcontract Price exceeds $7.5 million inclusive of GST (such that the Subcontract becomes a "High Value Contract" for the purposes of the Indigenous Procurement Policy), the Subcontractor must: within 14 days of a request from the Contractor's Representative, prepare and submit an Indigenous Participation Plan in accordance with the Indigenous Procurement Policy (including any requirement that applies in respect of a Remote Area) to the Contractor's Representative for approval; and once approved by the Contractor's Representative: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth Contractor via the Powering Indigenous Procurement reporting portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor Subcontractor must set out in the End of DLP Report: whether the ContractorSubcontractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor Subcontractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the ContractorSubcontractor's Activities, the Contractor Subcontractor is responsible for managing the ContractorSubcontractor's access to the Powering Indigenous Procurement reporting portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator Contractor's Representative of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portal. If the Contract Administrator Contractor's Representative considers, in its absolute discretion at any time during the carrying out of the ContractorSubcontractor's Activities, that it has concerns in relation to the ContractorSubcontractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator Contractor's Representative may direct the Contractor Subcontractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The ContractorSubcontractor: must comply with all directions issued by the Contract Administrator Contractor's Representative in relation to the ContractorSubcontractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim arising out of or in connection with any direction of the Contract Administrator Contractor's Representative under subparagraph (i). Notwithstanding any other clause of this ContractSubcontract, the Contractor Subcontractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Contractor and the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. The Contractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor must set out in the End of DLP Report: whether the Contractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the Contractor's Activities, the Contractor is responsible for managing the Contractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator considers, in its absolute discretion at any time during the carrying out of the Contractor's Activities, that it has concerns in relation to the Contractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator may direct the Contractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The Contractor: must comply with all directions issued by the Contract Administrator in relation to the Contractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator under subparagraph (i). Notwithstanding any other clause of this Contract, the Contractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. The Contractor Subcontractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Subcontractor’s Activities, in accordance with the Indigenous Procurement Policy. The Contractor Subcontractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth Contractor via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor Subcontractor must set out in the End of DLP Report: whether the ContractorSubcontractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor Subcontractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the ContractorSubcontractor's Activities, the Contractor Subcontractor is responsible for managing the ContractorSubcontractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator Contractor's Representative of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator Contractor's Representative considers, in its absolute discretion at any time during the carrying out of the ContractorSubcontractor's Activities, that it has concerns in relation to the ContractorSubcontractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator Contractor's Representative may direct the Contractor Subcontractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The ContractorSubcontractor: must comply with all directions issued by the Contract Administrator Contractor's Representative in relation to the ContractorSubcontractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator Contractor's Representative under subparagraph (i). Notwithstanding any other clause of this ContractSubcontract, the Contractor Subcontractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Contractor and the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. The Contractor Subcontractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Subcontractor’s Activities, in accordance with the Indigenous Procurement Policy. The Contractor Subcontractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth Contractor via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor Subcontractor must set out in the End of DLP Report: whether the ContractorSubcontractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor Subcontractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the ContractorSubcontractor's Activities, the Contractor Subcontractor is responsible for managing the ContractorSubcontractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator Contractor's Representative of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator Contractor's Representative considers, in its absolute discretion at any time during the carrying out of the ContractorSubcontractor's Activities, that it has concerns in relation to the ContractorSubcontractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator Contractor's Representative may direct the Contractor Subcontractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The ContractorSubcontractor: must comply with all directions issued by the Contract Administrator Contractor's Representative in relation to the ContractorSubcontractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator Contractor's Representative under subparagraph (i). Notwithstanding any other clause of this ContractSubcontract, the Contractor Subcontractor acknowledges and agrees that the reports it submits under subparagraph paragraph (b)(ii): will be recorded in a central database accessible by the Contractor and the Commonwealth and may be made publically publicly available; will not be Commercial-In-Confidence Information for the purposes of clause 20.219.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. Option 1 (Non-High Value Contract) The Contractor Subcontractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the ContractorSubcontractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor If at any time the Subcontract Price exceeds $7.5 million inclusive of GST (such that the Subcontract becomes a "High Value Contract" for the purposes of the Indigenous Procurement Policy), the Subcontractor must: within 14 days of a request from the Contractor's Representative, prepare and submit an Indigenous Participation Plan in accordance with the Indigenous Procurement Policy (including any requirement that applies in respect of a Remote Area) to the Contractor's Representative for approval; and once approved by the Contractor's Representative: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth Contractor via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor Subcontractor must set out in the End of DLP Report: whether the ContractorSubcontractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor Subcontractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the ContractorSubcontractor's Activities, the Contractor Subcontractor is responsible for managing the ContractorSubcontractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator Contractor's Representative of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator Contractor's Representative considers, in its absolute discretion at any time during the carrying out of the ContractorSubcontractor's Activities, that it has concerns in relation to the ContractorSubcontractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator Contractor's Representative may direct the Contractor Subcontractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The ContractorSubcontractor: must comply with all directions issued by the Contract Administrator Contractor's Representative in relation to the ContractorSubcontractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim arising out of or in connection with any direction of the Contract Administrator Contractor's Representative under subparagraph (i). Notwithstanding any other clause of this ContractSubcontract, the Contractor Subcontractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Contractor and the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. Option 1 (Non-High Value Contract) The Contractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Activities, in accordance with the Indigenous Procurement Policy. The If at any time the Contract Price exceeds $7.5 million inclusive of GST (such that the Contract becomes a "High Value Contract" for the purposes of the Indigenous Procurement Policy), the Contractor must: within 14 days of a request from the Contract Administrator, prepare and submit an Indigenous Participation Plan in accordance with the Indigenous Procurement Policy (including any requirement that applies in respect of a Remote Area) to the Contract Administrator for approval; and once approved by the Contract Administrator: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor must set out in the End of DLP Report: whether the Contractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the Contractor's Activities, the Contractor is responsible for managing the Contractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator considers, in its absolute discretion at any time during the carrying out of the Contractor's Activities, that it has concerns in relation to the Contractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator may direct the Contractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The Contractor: must comply with all directions issued by the Contract Administrator in relation to the Contractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim arising out of or in connection with any direction of the Contract Administrator under subparagraph (i). Notwithstanding any other clause of this Contract, the Contractor acknowledges and agrees that the reports it submits under subparagraph (b)(iiii): will be recorded in a central database accessible by the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2Error: Reference source not found; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

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Indigenous Procurement Policy. The Contractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth via the Powering Indigenous Procurement reporting portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Remediation Defects Liability Rectification Period (End of DLP RDRP Report). The Contractor must set out in the End of DLP RDRP Report: whether the Contractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the Contractor's Activities, the Contractor is responsible for managing the Contractor's access to the Powering Indigenous Procurement reporting portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portal. If the Contract Administrator considers, in its absolute discretion at any time during the carrying out of the Contractor's Activities, that it has concerns in relation to the Contractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator may direct the Contractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The Contractor: must comply with all directions issued by the Contract Administrator in relation to the Contractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator under subparagraph (i). Notwithstanding any other clause of this Contract, the Contractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Commonwealth and may be made publically available; will not be Commercial-Inin-Confidence Information for the purposes of clause 20.2the Contract; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Panel Agreement

Indigenous Procurement Policy. Option 1 (Non-High Value Contract) The Contractor Subcontractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the ContractorSubcontractor's Activities, in accordance with the Indigenous Procurement Policy. The Contractor If at any time the Subcontract Price exceeds $7.5 million inclusive of GST (such that the Subcontract becomes a "High Value Contract" for the purposes of the Indigenous Procurement Policy), the Subcontractor must: within 14 days of a request from the Contractor's Representative, prepare and submit an Indigenous Participation Plan in accordance with the Indigenous Procurement Policy (including any requirement that applies in respect of a Remote Area) to the Contractor's Representative for approval; and once approved by the Contractor's Representative: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth Contractor via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor Subcontractor must set out in the End of DLP Report: whether the ContractorSubcontractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor Subcontractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the ContractorSubcontractor's Activities, the Contractor Subcontractor is responsible for managing the ContractorSubcontractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator Contractor's Representative of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator Contractor's Representative considers, in its absolute discretion at any time during the carrying out of the ContractorSubcontractor's Activities, that it has concerns in relation to the ContractorSubcontractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator Contractor's Representative may direct the Contractor Subcontractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The ContractorSubcontractor: must comply with all directions issued by the Contract Administrator Contractor's Representative in relation to the ContractorSubcontractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim arising out of or in connection with any direction of the Contract Administrator Contractor's Representative under subparagraph (i). Notwithstanding any other clause of this ContractSubcontract, the Contractor Subcontractor acknowledges and agrees that the reports it submits under subparagraph paragraph (b)(ii): will be recorded in a central database accessible by the Contractor and the Commonwealth and may be made publically publicly available; will not be Commercial-In-Confidence Information for the purposes of clause 20.219.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. The Contractor Subcontractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Subcontractor’s Activities, in accordance with the Indigenous Procurement Policy. The Contractor Subcontractor must: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth Contractor via the Powering Indigenous Procurement reporting portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor Subcontractor must set out in the End of DLP Report: whether the ContractorSubcontractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor Subcontractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the ContractorSubcontractor's Activities, the Contractor Subcontractor is responsible for managing the ContractorSubcontractor's access to the Powering Indigenous Procurement reporting portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator Contractor's Representative of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portal. If the Contract Administrator Contractor's Representative considers, in its absolute discretion at any time during the carrying out of the ContractorSubcontractor's Activities, that it has concerns in relation to the ContractorSubcontractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator Contractor's Representative may direct the Contractor Subcontractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The ContractorSubcontractor: must comply with all directions issued by the Contract Administrator Contractor's Representative in relation to the ContractorSubcontractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with any direction of the Contract Administrator Contractor's Representative under subparagraph (i). Notwithstanding any other clause of this ContractSubcontract, the Contractor Subcontractor acknowledges and agrees that the reports it submits under subparagraph (b)(ii): will be recorded in a central database accessible by the Contractor and the Commonwealth and may be made publically available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Formal Agreement

Indigenous Procurement Policy. Option 1 (Non-High Value Contract) The Contractor must use its reasonable endeavours to increase its: purchasing from Indigenous Enterprises; and employment of Indigenous Australians, in carrying out the Contractor's Activities, in accordance with the Indigenous Procurement Policy. The If at any time the Contract Price exceeds $7.5 million inclusive of GST (such that the Contract becomes a "High Value Contract" for the purposes of the Indigenous Procurement Policy), the Contractor must: within 14 days of a request from the Contract Administrator, prepare and submit an Indigenous Participation Plan in accordance with the Indigenous Procurement Policy (including any requirement that applies in respect of a Remote Area) to the Contract Administrator for approval; and once approved by the Contract Administrator: comply with the Indigenous Participation Plan; and submit a written report to the Commonwealth via the Powering Indigenous Procurement reporting portal IPP Contractor Portal on its compliance with the Indigenous Participation Plan, as follows: at least quarterly; and within 7 days of the expiry of the last Defects Liability Period (End of DLP Report). The Contractor must set out in the End of DLP Report: whether the Contractor: met the mandatory minimum requirements for the Indigenous Procurement Policy; and complied with the Indigenous Participation Plan; and if the Contractor did not comply with the Indigenous Participation Plan, an explanation for its non-compliance. Throughout the carrying out of the Contractor's Activities, the Contractor is responsible for managing the Contractor's access to the Powering Indigenous Procurement reporting portal IPP Contractor Portal including by managing the: enabling of its authorised personnel's access; and disabling of its authorised personnel's access, and must promptly notify the Contract Administrator of such enabling and disabling and any other matters relating to access to the Powering Indigenous Procurement reporting portalIPP Contractor Portal. If the Contract Administrator considers, in its absolute discretion at any time during the carrying out of the Contractor's Activities, that it has concerns in relation to the Contractor's: compliance with the Indigenous Participation Plan; or overall ability to meet the mandatory minimum requirements as set out in the Indigenous Participation Plan, the Contract Administrator may direct the Contractor to provide additional detail in relation to its implementation of and overall ability to comply with the Indigenous Participation Plan. The Contractor: must comply with all directions issued by the Contract Administrator in relation to the Contractor's implementation of the Indigenous Participation Plan; and will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim arising out of or in connection with any direction of the Contract Administrator under subparagraph (i). Notwithstanding any other clause of this Contract, the Contractor acknowledges and agrees that the reports it submits under subparagraph paragraph (b)(iiii): will be recorded in a central database accessible by the Commonwealth and may be made publically publicly available; will not be Commercial-In-Confidence Information for the purposes of clause 20.2Error: Reference source not found; and may be used by the Commonwealth for any purpose, including being taken into account for evaluation of in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project.

Appears in 1 contract

Samples: Medium Works Contract

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