partnering for a sustainable environment...partnership call: product stewardship centre of...

Partnership Call: Product Stewardship Centre of Excellence

Department of Agriculture, Water and the Environment

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Partnering for a Sustainable Environment Partnership Call: Product Stewardship Centre of Excellence Closing Date: 4 August 2020



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© Commonwealth of Australia 2020

Ownership of intellectual property rights

Unless otherwise noted, copyright (and any other intellectual property rights) in this publication is owned by the Commonwealth of Australia (referred to as the Commonwealth).

Creative Commons licence

All material in this publication is licensed under a Creative Commons Attribution 4.0 International Licence except content supplied by third parties, logos and the Commonwealth Coat of Arms.

Inquiries about the licence and any use of this document should be emailed to [email protected].

Cataloguing data

This publication (and any material sourced from it) should be attributed as: June 2020, Partnership Call: Product Stewardship Centre of Excellence, Department of Agriculture, Water and the Environment, Canberra. CC BY 4.0.

This publication is available at www.environment.gov.au/partnerships and http://www.environment.gov.au/protection/waste-resource-recovery.

Department of Agriculture, Water and the Environment GPO Box 858 Canberra ACT 2601 Telephone 1800 900 090 Web awe.gov.au

The Australian Government acting through the Department of Agriculture, Water and the Environment has exercised due care and skill in preparing and compiling the information and data in this publication. Notwithstanding, the Department of Agriculture, Water and the Environment, its employees and advisers disclaim all liability, including liability for negligence and for any loss, damage, injury, expense or cost incurred by any person as a result of accessing, using or relying on any of the information or data in this publication to the maximum extent permitted by law.

https://creativecommons.org/licenses/by/4.0/legalcode

mailto:[email protected]

http://www.environment.gov.au/partnerships

http://www.environment.gov.au/protection/waste-resource-recovery

http://agriculture.gov.au/



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Contents Introduction ....................................................................................................................................................... 4

1 Department of Agriculture, Water and The Environment ........................................................ 5

2 Product Stewardship Centre of Excellence .................................................................................... 6

Description .................................................................................................................................................................. 6

Scope .............................................................................................................................................................................. 6

Grant .............................................................................................................................................................................. 7

3 Partnership ................................................................................................................................................ 8

4 Other Parties ............................................................................................................................................. 9

5 Principles for Indigenous Engagement ........................................................................................ 10

6 Submitting a Partnering Proposal .................................................................................................. 11

7 Eligibility Criteria ................................................................................................................................. 13

8 Probity ...................................................................................................................................................... 14

9 Due Diligence Checks .......................................................................................................................... 15

10 The Assessment Process and Criteria ........................................................................................... 16

Stage 1: Initial Screening .................................................................................................................................... 16

Stage 2: Detailed Assessment ........................................................................................................................... 17

Stage 3: Partnering Design Discussions ....................................................................................................... 19

11 Commerical-In-Confidence Information ...................................................................................... 20

12 Department Rights and Responsibilities ..................................................................................... 21

13 No Liability .............................................................................................................................................. 22

14 Complaints .............................................................................................................................................. 23

Glossary ............................................................................................................................................................ 24



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Introduction The Commonwealth as represented by the Australian Government Department of Agriculture, Water and the Environment (the “Department”) invites suitably experienced and skilled entities to submit a Partnering Proposal to establish a Product Stewardship Centre of Excellence (CoE).

This Partnership Call seeks to identify a Potential Partner to work with the Department to deliver the Product Stewardship CoE and develop an ongoing collaborative relationship with the Department to achieve the objectives of the Product Stewardship CoE. The resulting partnership will be between the Department and either a single partnering organisation or a consortium represented by a lead partner.

The Assistant Minister for Waste Reduction and Environmental Management will make the final decision on the successful partner to this Partnership Call. The successful partner will, subject to meeting the grant requirements, be offered a one-off grant for seed funding to establish the Product Stewardship CoE. The grant forms part of the National Product Stewardship Investment Fund under the Australian Government’s $167 million Australian Recycling Investment Plan to increase Australia’s recycling rates, tackle plastic waste and litter, and halve food waste by 2030. The grant process will be managed as outlined in section 2 below, in parallel with stage 3 of the assessment process (partnering design discussions, section 10).

Key terms used in this document are defined in the Glossary of Terms.



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1 Department of Agriculture, Water and The Environment

The Department works to protect and strengthen our agriculture, water resources, the environment and our heritage. For today and into the future.

This includes waste and resource recovery. Australians generate about 67 million tonnes of waste per year, and that figure is growing. We need to take action to reduce waste, and effectively manage the waste we create. We can better support the economy, protect the health of our communities and reduce environmental impacts if we harness the value of materials we dispose of and return them to productive use.

Product stewardship is identified as a key strategy in delivering on the targets set out in the 2018 National Waste Policy and the 2019 National Waste Policy Action Plan. Product stewardship is the process of taking responsibility for the life cycle impacts, flows and end of life management of products or materials. Business, governments and consumers can make a greater difference by working in partnership.

The Department administers two pieces of legislation for product stewardship: the Product Stewardship Act 2011 and the Product Stewardship (Oil) Act 2000. The Product Stewardship Act 2011 provides the framework to effectively manage the environmental, health and safety impacts of products, and in particular those impacts associated with the disposal of products. The framework includes voluntary, co-regulatory and mandatory product stewardship.

The Department also supports the Australian Packaging Covenant, which is underpinned by the National Environment Protection (Used Packaging Materials) Measure 2011.

More information about the Department's role in waste and resource recovery is available at: www.environment.gov.au/protection/waste-resource-recovery.

https://www.environment.gov.au/protection/waste-resource-recovery/publications/national-waste-policy-2018

https://www.environment.gov.au/protection/waste-resource-recovery/publications/national-waste-policy-action-plan

http://www.environment.gov.au/protection/waste-resource-recovery



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2 Product Stewardship Centre of Excellence

Description The objective of the Product Stewardship CoE partnership is to provide support for accelerating the development of new industry-led product stewardship schemes and improving recycling rates of existing product stewardship schemes.

The Product Stewardship CoE will drive efficiencies, collaboration and best practice across product stewardship schemes in Australia. The Product Stewardship CoE will contribute to achieving Target 3 of the 2019 National Waste Policy Action Plan, which involves increasing Australia’s resource recovery rate to 80 per cent by 2030.

Scope To achieve the objective, the Product Stewardship CoE will:

• engage and educate businesses about product stewardship and circular economy principles

• assist businesses to implement product stewardship initiatives that are consistent with objectives of the Product Stewardship Act 2011

• facilitate networking, information exchange and collaboration regarding product stewardship

• develop best practice guidance (including information and tools) for product stewardship schemes

• facilitate mentoring for new and existing scheme to enhance product stewardship outcomes in Australia

• encourage innovation in product stewardship

• raise awareness and educate industries and businesses about the benefits of product stewardship

• report annually to the Minister for the Environment on the work of the Centre of Excellence, developments and priority areas in product stewardship in Australia.

In responding to this Partnership Call, Potential Partners are asked to provide details of proposed projects to deliver the Product Stewardship CoE (to meet the objective and scope defined in this section), and demonstrate value for money and suitability as the preferred partner.

To be eligible for the partnership, Potential Partners and proposed projects must meet the eligibility and threshold assessment criteria outlined in sections 7 and 10 below.

Activities supported by Commonwealth funding must be completed by 31 March 2023, unless otherwise agreed by parties to the grant agreement.

https://www.environment.gov.au/protection/waste-resource-recovery/publications/national-waste-policy-action-plan



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Grant The Australian Government will, subject to grant requirements being met, provide a one-off grant to the successful partner for seed funding to establish the Product Stewardship CoE to a maximum of $1 million over three years from 2020-21 to 2022-23.

The Department of Industry, Science, Energy and Resources will administer the grant on behalf of the Department according to the Commonwealth Grants Rules and Guidelines (CGRGs). The grant will be administered through a one-off, non-competitive process subject to the successful assessment of a grant application form submitted by the successful partner.

Eligible expenditure of government funding will be agreed with the Commonwealth through a grant agreement between the successful partner and the Department of Industry, Science, Energy and Resources.

At the end of the grant period the successful partner is expected to continue operation of the Product Stewardship CoE under a self-funded model.

https://www.finance.gov.au/government/commonwealth-grants/commonwealth-grants-rules-guidelines



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3 Partnership The Department is seeking to establish an ongoing relationship with the successful partner, beyond funding, to contribute towards achieving the Product Stewardship CoE objectives. The Department is seeking to move beyond a business-as-usual grant or contract model to establish an enduring partnership. As such, the Department expects to work closely with the successful partner throughout the partnership cycle.

The Department will bring added value to the partnership through providing access to our networks across industries and regions; and utilising our communication channels; information, data and analytical expertise where feasible to do so. The Department will also be looking for the wider value-add which the successful partners might be able to bring to the partnership in support of the CoE.

The Department will convene regular partnership meetings to support the progression of scoping and building; managing and maintaining; and sustaining objectives of the Product Stewardship CoE. Details of the role and responsibilities of each partner will be negotiated with the successful partner.

The Department is seeking to establish a non-binding partnering agreement with the successful partner to June 2023, which will outline how the Department and the Partner(s) intend to collaborate together to deliver the outcomes, with the intent to review and extend beyond this period pending the willingness of both parties. This document will sit alongside formal grant documentation and guide.

Development of the partnering agreement (stage 3 of the assessment process; see section 10) will be timed to coincide with grant funding negotiations. Should the successful partner fail to meet the grant requirements, the Department will end negotiations with the successful partner, and progress negotiations with the next most competitive Potential Partner.

The focus of the Product Stewardship CoE, including partner and Department roles, responsibilities and accountabilities, may evolve and change over time during the partnership to reflect developments and priority areas in product stewardship. Variations will be negotiated and agreed by both parties.

The Department is taking an active role in facilitating more multi-stakeholder partnering to sustain Australia’s unique environment. We aim to bring together the unique strengths and resources of diverse partners to have more impact and achieve more sustainable outcomes for the environment, than each partner could by acting alone.

Through this partnership we are aiming to co-create better and more integrated solutions to improve and expand product stewardship in Australia. More information on the Department's approach to partnering is available at: http://www.environment.gov.au/partnerships.

http://www.environment.gov.au/partnerships



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4 Other Parties The successful partner will be expected to work collaboratively with a broad range of stakeholders to achieve the objectives of the Product Stewardship CoE. Governments, product stewardship scheme administrators, business, not-for-profit organisations and the broader community all have a role to play to reduce waste and effectively manage the waste we create.

Further, there is an expectation that the successful partner to deliver the Product Stewardship CoE will seek to leverage communication channels of other organisations to improve outcomes.



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5 Principles for Indigenous Engagement

Management of land and sea and the knowledge, experiences, perspectives and cultures of Aboriginal and Torres Strait Islander peoples are integral to improving environmental outcomes.

Potential Partners are encouraged to consider opportunities to engage Indigenous organisations as partners and/or to consider opportunities to deliver broader benefits for Indigenous communities as part of their Partnering Proposal.

Whenever a Partnering Proposal is seeking to involve Indigenous organisations as a partner and/or create an opportunity to deliver broader benefits for Indigenous communities, the following principles for engagement should be adhered to:

• Potential Partners should ensure they are familiar with laws, administrative arrangements and other developments relevant to Indigenous traditional knowledge and cultural expressions as well as intellectual property rights. Where necessary seek appropriate expert advice on intellectual property issues.

• All Partnering Proposals should recognise and acknowledge continuing Indigenous ownership of the traditional knowledge, traditional cultural expressions and intellectual property rights in the materials used in the Partnering Proposal, and protect the privacy, integrity and wellbeing of Indigenous partners.

• Potential Partners should gain Free, Prior and Informed Consent before seeking to include Indigenous persons, organisations or communities in their Partnering Proposal.

• Potential Partners should gain Free, Prior and Informed Consent before seeking to utilise any property (including intellectual property and traditional knowledge) of Indigenous persons, organisations or communities in their Partnering Proposal.

The Department has developed a Partnering with Indigenous organisations for a sustainable environment document as a resource for people from non-Indigenous organisations looking to build effective and respectful partnerships with Aboriginal and Torres Strait Islander organisations and communities. More information about the document is available online at: http://www.environment.gov.au/about-us/partnerships/working-partnership-indigenous-australians

http://www.environment.gov.au/about/publications/partnering-indigenous-organisations

http://www.environment.gov.au/about/publications/partnering-indigenous-organisations

http://www.environment.gov.au/about-us/partnerships/working-partnership-indigenous-australians

http://www.environment.gov.au/about-us/partnerships/working-partnership-indigenous-australians



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6 Submitting a Partnering Proposal Potential Partners are invited to submit a Partnering Proposal using the Proposal Form: Product Stewardship Centre of Excellence for consideration by the Department by the Closing Time and Closing Date.

This is an open competitive, merit-based process to identify a successful partner for the Product Stewardship CoE to proceed to negotiations. The Partnering Proposal Form requests key information necessary to help the Department assess this Partnering Proposal

To be considered, Potential Partners should submit their Partnering Proposal in the requested format and must email to [email protected] by the Closing Date and Time in the table below. Additional attachments may be included.

The Proposal Form response file name/s should:

a) incorporate the Potential Partner/respondent’s full legal name (or the full legal name of the lead partner where the Potential Partner is a consortium); and

b) reflect the various parts of the Proposal Form response they represent (where the response comprises multiple files).

Enquiries on this Partnership Call can be directed to the Department’s Partnerships Team on the details below. Questions will not be considered after the Question Closing Date and Time.

• Email: [email protected] • Telephone: 0413 628 664

Event Details

Opening Date: 8 July 2020

Closing Date: 4 August 2020

Closing Time: 5pm AEST

Question Closing Date and Time: Questions will be permitted up until 28 July 2020

Please be aware that the Department's Partnerships Team, or any other Department personnel that you may communicate with in relation to your Partnering Proposal (either before or after it is submitted to the Department) is not providing you with advice on whether your Partnering Proposal will be successful.

Potential Partners will be advised of the decision in relation to Assessment Stage 2 (unsuccessful or proceeding to Stage 3) in writing. Unsuccessful Potential Partners may request a verbal debriefing.

The Department will respect any intellectual property rights owned by the Potential Partner or, subject to section 11, any information marked as commercial-in-confidence in their Partnering Proposal.




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In submitting a Partnering Proposal to the Department you acknowledge and agree that any information provided to you by the Department in relation to your Partnering Proposal regardless of when that information is provided or involvement occurs is provided strictly for your information only and does not guarantee the success of your Partnering Proposal. The Department excludes any and all liability to the Potential Partner for any information provided by the Department (by the Partnerships Team or any other Department personnel) to the Potential Partner for the purposes of completing the Partnering Proposal.



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7 Eligibility Criteria To be eligible to partner with the Department, Potential Partner/s must have an Australian Business Number (ABN) and be one of the following incorporated entities:

• an incorporated not for profit organisation;

• an incorporated trustee on behalf of a trust;

• an incorporated association;

• a company; or

• a company limited by guarantee.

Where a Partnering Proposal is submitted on behalf of a consortium:

• Each member of the consortium must be a legal entity; and

• Each member of the consortium must submit a letter of support for the Partnering Proposal with the Partnering Proposal Form.

• Optional: Attach any relevant MOU (or equivalent) which exists between consortium members, details their respective roles and responsibilities in the consortium

A Partnering Proposal submitted on behalf of a consortium should specify a lead partner who will act as the main contact with the Department for the assessment process and be the organisation who enters into any agreement with the Department if the Partnering Proposal is successful.

To be eligible to partner with the Department, the Potential Partner must also meet the grant requirements, including submission of a grant application form that is successfully assessed by the administering agency (see section 2). The grant process will be managed in parallel with stage 3 assessment: partnering design discussions.



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8 Probity The Department, in all dealings, endeavours to be fair and open, and demonstrate the highest levels of integrity consistent with the public interest.

Probity principles are an important aspect of conducting open, fair, accountable and consistent processes relating to all Department activities including all partnering arrangements. The probity principles will be applied through the assessment process and aim to assure all parties of the integrity of the decision making process. The probity principles include:

a) honesty and impartiality;

b) identification and management of conflicts of interest;

c) appropriate security and confidentiality arrangements;

d) consistency, fairness and due diligence;

e) transparency;

f) use of open and competitive processes, as required; and

g) compliance with legal and policy framework.

In considering the Department’s involvement in any partnership arrangement, the Department will act in a fair and unbiased way and in a manner consistent with the legislative and regulatory requirements articulated in the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act) and Public Governance, Performance and Accountability Rule 2014 (Cth) (PGPA Rule); the Commonwealth Grants Rules and Guidelines (CGRGs) and the Commonwealth Procurement Rules (CPRs), to the extent they apply.

Potential Partners must comply with all relevant laws and Australian Government policy in preparing and submitting a Partnering Proposal and participating in this Partnership Call including the Partnering Proposal process.



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9 Due Diligence Checks The Department may conduct security, probity, and financial investigations and other due diligence checks on all Potential Partners their employees, officers, partners, associates, subcontractors or related entities and their officers, employees and subcontractors.



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10 The Assessment Process and Criteria This section outlines the three stage assessment process and Assessment Criteria that the Department will follow in considering Partnering Proposals.

Stage 1: Initial Screening The Department will undertake an initial screening of the Partnering Proposal against the below threshold criteria. The Partnering Proposal will not proceed further in the assessment process if in the sole and absolute opinion of the Department, the Partnering Proposal does not meet all of the threshold criteria.

Threshold criteria:

A: Threshold requirements:

1. Potential Partners meet the Eligibility Criteria as detailed in section 7 of this Partnership Call.

2. The Partnering Proposal aligns with the scope of the Product Stewardship CoE partnership as outlined in section 2 of this Partnership Call.

3. The Partnering Proposal does not present any ethical issues for the Department that would prevent involvement, or any conflict of interest that could not be reasonably managed.

4. The Partnering Proposal is not incomplete and is able to be assessed.

B. Initial value threshold requirements:

[Note to Potential Partners: This initial value threshold requirement will be assessed as a preliminary initial view determined at the sole and absolute discretion of the Department.]

5. Potential Partners have the capabilities to deliver the Partnering Proposal. Consideration will be given to the Potential Partner's skills, experience and resources (including specialist technical support) and the ability of their consortium members (if any) to work together effectively and collaboratively with the Department.

6. Proposed projects have a national reach and support product stewardship schemes with, or developing, a national reach.



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Stage 2: Detailed Assessment The Partnering Proposal will be assessed by the Department against the following Assessment Criteria, weighted by percentage of the total score, as indicated below:

Assessment Criteria 1-4

1. Proper use and management of public resources and value for money (35%)

a) Effective: The extent to which the Partnering Proposal will achieve the objectives of the Product Stewardship Centre of Excellence, and accelerate the development of new industry-led product stewardship schemes and improve recycling rates of existing product stewardship schemes. In preparing their response to this criterion, Potential Partners should describe the projects proposed to achieve the objective and scope of the CoE, third party permissions and other dependencies, and measurement, reporting and evaluation methods to measure progress of the stated objectives.

b) Efficient: The extent to which the Partnering Proposal will achieve maximum value for resources used, including whether the budget items are reasonable and relevant to achieve the objectives and the value add of partner contributions. In assessing this criterion, the Department will consider the cost efficiency of the Partnering Proposal benchmarked against market prices for comparable activities, value add of partner contributions, the appropriateness and efficiency of the proposed activities, inefficiencies and wasteful expenditure, and appropriate apportionment and mitigation of risk.

c) Economical: The extent to which the Partnering Proposal minimises costs for the achievement of the objectives. In assessing this criterion, the Department will consider partner contributions, broader value that the potential partner brings (such as communication channels, networks) and approaches outlined in the proposal that could leverage value add from other organisations to achieve the CoE objectives.

d) Ethical: The extent to which the Partnering Proposal (including Potential Partners, other organisations, personnel, approach to achieving objectives or other factors) raises any ethical issues and/or conflict of interests that could not be reasonably managed. In preparing their response to this criterion, Potential Partners should describe the actions required to manage any conflicts of interests and any ethical issues. In assessing this criterion, the Department will consider whether a decision to proceed with the Partnering Proposal would be defensible (upholding the ethical principles of honesty, integrity, probity, due diligence, fairness and consistency).

2. Partner capability (35%): The extent to which the Partnering Proposal provides the confidence that the Potential Partner can deliver the projects on time and to



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budget (giving consideration to the Potential Partner's skills, experience and resources (including specialist technical support)). In preparing their response to this criterion, Potential Partners should demonstrate their experience and willingness to work in partnership, sharing skills, experience and resources, and also risks and accountability, to achieve shared outcomes. 3. Viability (20%): Whether the Partnering Proposal can realistically achieve sustained benefits over time. This includes considering the extent to which there are any known or reasonably foreseeable barriers or external factors that would prevent the Partnering Proposal from achieving its stated objectives and whether the identified projects could realistically achieve sustained benefits over time. In preparing their response to this criterion, Potential Partners should outline how any activities supported by Commonwealth funding would be completed by 31 March 2023, and how they will to continue operation of the Product Stewardship CoE under a self-funded model, beyond the grant period.

The Department will also consider Indigenous involvement in the context of any additional benefits offered by the Partnering Proposal

4. Indigenous Involvement (10%): The extent to which additional benefits can be achieved through the involvement of Indigenous entities and/or communities in the Partnering Proposal.

If the Partnering Proposal seeks to involve Indigenous entities or communities, the Partnering Proposal should demonstrate how they would comply with the Principles for Indigenous Engagement set out in section 5.

Potential Partners will be advised of the decision in relation to Stage 2 (unsuccessful or proceeding to Stage 3) in writing. Unsuccessful Potential Partners may request a verbal debriefing.

The timeframe required for the Department to assess your Partnering Proposal is subject to the complexity of the Partnering Proposal and the number of stakeholders involved. The Department is committed to responding to Potential Partners in a timely manner and where necessary will provide updates on expected timing of a decision.



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Stage 3: Partnering Design Discussions Following the Department's assessment of the Partnering Proposals against the Assessment Criteria, a successful partner will be identified and the Department will invite this Potential Partner to proceed to partnering design discussions.

The Department will seek to coordinate a partnering workshop or similar forum with the Potential Partner to commence Stage 3. This process could be conducted remotely where the parties are unable to meet in a central location.

Potential Partners will negotiate with the Department the details of the partnering arrangement, which will be reflected in the Partnering Agreement/Ways of Working Agreement including:

• Joint in principle agreement to the shared objective and outcomes for partnering;

• Clear understanding of individual partner objectives and outcomes being sought;

• Partner roles and responsibilities;

• Detailed scope of the Partnering Proposal that is action and results orientated;

• Detailed project plan that defines outputs and timelines for each activity;

• Resource commitments needed to deliver outputs;

• Performance indicators and monitoring, reporting and evaluation mechanisms;

• Governance and review procedures;

• Risk management (shared and individual);

• Communication protocols;

• Funding arrangements and budgets;

• Personnel; and

• Compliance with all relevant laws and Australian Government policy.

Pending the outcome of the partnering workshop or similar forum for scoping and design, the Department and the Potential Partner may agree to partner in principle with formal agreements to follow.

To be eligible to partner with the Department and receive Commonwealth funding, the Potential Partner must also meet the grant requirements as outlined in section 2). The grant process will be managed in parallel with stage 3 assessment: partnering design discussions (section 10).



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11 Commerical-In-Confidence Information

The Department will assess the content of Partnering Proposals and determine which aspects it will agree to protect as confidential based on the guidelines published by the Department of Finance. Please note that a Potential Partner is not therefore able to say their entire Partnering Proposal is confidential. It may be that the Department is in possession of similar information from its own work or a third party, or that the information does not otherwise meet the criteria for protection as confidential.

Subject to this section and the Department of Finance guidelines, relevant aspects of all Partnering Proposals that the Department agrees meet the criteria for protection as confidential information will be treated as confidential by the Department unless authorised by the lead partner to share information contained in the Partnering Proposals with other Potential Partners outside of the Partnering Proposal.

If the Department is unable to agree with a Potential Partner the information that will be treated as confidential information, without limiting its rights, the Department may decide not to assess the Partnering Proposal.

Partnering arrangements entered into through this process will be promoted on the Department’s website.

The Department also has obligations under the Freedom of Information Act 1983 (Cth) that may oblige the release of information in certain circumstances.

https://www.finance.gov.au/government/procurement/buying-australian-government/confidentiality-throughout-procurement-cycle



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12 Department Rights and Responsibilities

The Department reserves the right to:

• liaise with the Department of Industry, Science, Energy and Resources in relation to the grant proposal

• suggest the use of an alternative process for a potential Partnering Proposal;

• vary the Partnering Proposal submission process at any time;

• issue a written invitation for Potential Partners to submit Partnering Proposals for either a specific partnering activity or a program of activities subject to specified terms and conditions;

• not advance the assessment of a Partnering Proposal at any stage or discontinue negotiations or discussions at any time for any reason;

• exclude a Partnering Proposal from further consideration based on the outcomes of due diligence checks or if the Potential Partner does not provide all reasonable assistance required to enable the Department to conduct relevant checks;

• exclude a Partnering Proposal from further consideration at any stage based on a consideration of affordability (including that the Department's appropriation allocation has been exhausted); and/or

• suspend the consideration of Partnering Proposals at any time, for any length of time and for any reason as determined by the Department.

The Department shares the ethical values and code of conduct of the Australian Public Service and is committed to:

• integrity – acting honestly, ethically and lawfully;

• responsiveness – responding in a timely and considered way to your Partnering Proposals and ideas; and

• responsibility – being accountable for actions.

In working in partnership with the successful Partner, the Department is committed to working openly, equitably, and respecting both diversity and the need to ensure mutual benefit and accountability.

In dealing with the Department, Potential Partners are expected to:

• provide sufficient and accurate information in a timely manner; and

• understand that the Department is bound by legislative requirements and Australian Government policy.



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13 No Liability • In submitting a Partnering Proposal, the Potential Partner agrees it has done so with Free,

Prior and Informed Consent.

• Nothing in this Partnership Call or Partnering Proposal documentation will be construed to create any binding agreement (express or implied) between the Department and any Potential Partner until a written agreement, if any, is entered into between the Department and that Potential Partner.

• The Department will not be responsible for any losses incurred whatsoever by Potential Partners in submitting a Partnering Proposal.

• Notwithstanding this section 13, if a court finds there to be an agreement between the Department and a Potential Partner (or other legal right for the Potential Partner against the Department) regarding the conduct of this Partnering Proposal process, the Potential Partner agrees that the Department's general liability in connection with this Partnering Proposal process (e.g. for negligence, breach of contract or statute or otherwise), and any breach of the terms of such agreement (or right) is limited to the Potential Partner's direct substantiated costs of participation in this Partnering Proposal process excluding Consequential Loss.



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14 Complaints Any complaints arising out of the Partnering Proposal process should be directed to the Complaints Officer via email. Email: [email protected]




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Glossary Term Definition

Assessment Criteria Means the criteria set out in section 10 that will be used to assess the Partnering Proposals.

Closing Date Means the closing date for submitting a Partnering Proposal as specified in section 6.

Closing Time Means the closing time for submitting a Partnering Proposal as specified in section 6.

Consequential Loss Means any liability, loss or claim suffered or incurred by any person, whether arising in contract, tort (including negligence), under statute or on any other basis in law for:

a) indirect or incidental Loss;

b) punitive or exemplary damaged of any kind;

c) loss of profit;

d) loss of revenue;

e) loss of goodwill; or

f) loss of business opportunity.

Department Means the Australian Government Department of Agriculture, Water and the Environment.

Free, Prior and Informed Consent Means all of the following are met (as applicable):

a) consent is given voluntarily and without coercion, intimidation or manipulation;

b) consent is sought sufficiently in advance of any authorisation or commencement of activities;

c) the nature of the engagement and type of information that should be provided prior to seeking consent and also as part of the ongoing consent process should enable the decision makers to be informed; and

in respect of Indigenous communities, the consent is a collective decision made by the right holders and reached through the customary decision-making processes of the communities.

Loss/Losses Means any liabilities, expenses, losses, damages and costs (including but not limited to legal costs on a full indemnity basis, whether incurred by or awarded against a party). Loss has a corresponding meaning.

Partnership An ongoing collaboration where partnering organisations bring together their unique strengths and value to achieve shared outcomes and have a greater impact than each partner could by acting alone.

Partnership Call Means this partnership call undertaken by the Department to identify a Potential Partner to work with the Department to deliver the Product Stewardship Centre of Excellence and develop an ongoing collaborative relationship with the Department to achieve the objectives of the Product Stewardship Centre of Excellence.

Partnering Proposal The partnering proposal submitted by the Potential Partners to the Department for consideration in accordance with this Partnership Call.

Potential Partner(s) The organisation including a consortium that submits the Partnering Proposal in response to this Partnership Call.

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