Local Jobs Fund Infrastructure Grant competitive process ...€¦ · Web viewfocus upon export earning (national and international) or import substitution. Infrastructure Grant

Local Jobs Fund Infrastructure Grant competitive process guidelines

June 2019

DEPARTMENT OF TRADE, BUSINESS AND INNOVATION


Document details

Document title Local Jobs Fund Infrastructure Grant competitive process guidelines

Contact details Jason RobertsonApproved by Chief MinisterDate approved 21 June 2019Document review N/A

Change history

Version Date Author Changes madeV1.0 May 2019 Jason Robertson DraftV2.0 23 May 2019 Legal review DraftV3 7 June 2019 Jason Robertson Final DraftV4 21 June 2019 Final Approved

AcronymsYou will find the following acronyms in this document.

Acronyms Full formLJF Local Jobs Fund

DEPARTMENT OF TRADE, BUSINESS AND INNOVATIONJune 2019 Page 2 of 16


Contents1 Introduction...............................................................................................................................42 Objectives..................................................................................................................................43 How do I apply?.........................................................................................................................54 Am I eligible?.............................................................................................................................55 How will my application be assessed?...................................................................................56 Process......................................................................................................................................67 Terms and Conditions..............................................................................................................7



1 IntroductionThe Local Jobs Fund (Fund) is an $89 million co-investment fund which will support economic transformational projects and help high growth potential Territory businesses.

The Fund is comprised of a suite of four products (each a Fund Product):

Loan Guarantees;

Business Investment Concessional Loans;

Equity investments; and

Grants Program, comprising:

o Priority Sector Collaborative Grants; and

o Infrastructure Grants for Transformational Economic Growth Projects (Infrastructure Grants).

The Fund will operate until the earlier of 31 December 2020 or funds allocated to the program are fully committed.

Applications for Infrastructure Grants (Applications) will be sourced through an open competitive process (Competitive Process). This document provides details of the Competitive Process and must be read in conjunction with the Local Jobs Fund Policy Framework (LJF Policy Framework).

Applications can be made at any time for the other Fund Products, which will be assessed on a non-competitive basis, in order of receipt.

2 Objectives

2.1 Fund ObjectivesThe objective of the Fund is to support economic transformational projects and assist high growth potential Territory businesses to increase exports of goods and services both interstate and/or overseas, and/or substantially increase local jobs and outputs to local markets.

This is expected to increase the long term productive capacity of the Territory economy, create long term jobs and economic growth, and meet long term economic infrastructure priorities in regional economies.

The Fund is expected to support Territory businesses and projects:

become investment ready;

leverage private sector investment and reach financial close;

‘crowd in’ private finance;

bridge the gap between feasibility and bankability;

develop growth opportunities; and

focus upon export earning (national and international) or import substitution.



2.2 Infrastructure Grant ObjectivesInfrastructure Grants will be targeted at economically transformational projects that deliver broader benefits to the Territory and generate in a step-increase in economic activity and output.

Grant funding will be prioritised to projects that:

propose industry level common user infrastructure;

improve linkages and opportunities for upstream and downstream Territory businesses;

generate a step increase in economic output and value-add in the Territory economy;

have a significant proportion of the project benefits flowing to businesses other than the applicant;

provide open access and transparent pricing to users; and

create significant new and enduring employment for Territorians beyond the direct jobs created from the project.

3 How do I apply?Applications must be lodged using the online application form at: https://businessnt.smartygrants.com.au/ localjobsfundIG prior to the Closing Time.

Applicants should refer to the LJF Policy Framework available at https://jobsfund.nt.gov.au for further details on the application and business case requirements.

4 Am I eligible?Applicants should refer to the LJF Policy Framework for further information on the eligibility requirements to apply for the Infrastructure Grant.

5 How will my application be assessed?Eligible applications will be assessed against the following Assessment Criteria:

1. Capability and capacity;

2. Strategy and execution;

3. Net Economic Benefit for the Territory;

4. Maximise and leverage private sector investment; and

5. Commercial feasibility.

Further detail on the criteria is provided in the LJF Policy Framework available at https://jobsfund.nt.gov.au

5.1 Applications for multiple productsApplications for Infrastructure Grants may include requests for access to one or more other Fund Products.

In undertaking its assessment, the NT Government will consider the Application in the context of the total financing solution sought and may approve, at its total discretion, the financing approach it considers best suited to the business or project. This may include a mix of Fund Products.


https://jobsfund.nt.gov.au/

https://jobsfund.nt.gov.au/

https://businessnt.smartygrants.com.au/localjobsfundIG


6 Process

6.1 TimeframesApplications for Infrastructure Grants will be sourced through an open Competitive Process. The expected timeframes for the process are shown below.

Phase/Milestone Target Date

Applications Open 3 July 2019

Applications Close (Closing Time) 4:00pm 27 September 2019

Evaluation Complete October 2019

Preferred Applicants Announced Q4 2019

Contractual Close Q1 2020

6.2 AssessmentAfter the Closing Time, the NT Government intends to, with assistance from its advisors and the LJF Investment Committee as necessary, promptly evaluate the Applications lodged against the Assessment Criteria. For this purpose the NT Government may take into account any other matter or information it considers relevant.

At the NT Government’s discretion, the assessment process may involve activities to discuss or clarify information provided in the Application including:

due diligence on the Applicant;

structured and confidential interviews or meetings with Applicants;

presentations by Applicants; and

written requests for clarification.

Any such interaction will be overseen by the Probity Advisor.

Following the assessment of Applications, the NT Government intends to select a preferred Applicant(s) (Preferred Applicant(s)). The selection of a Preferred Applicant(s) is at the NT Government’s absolute discretion. The NT Government’s objective is to execute binding agreements to give effect to the Applicant(s) proposal as soon as possible following conclusion of the assessment process.

6.3 Queries on the Competitive ProcessQueries and requests for clarification or further information in relation to the Competitive Process should be addressed to [email protected]

The NT Government is not required to respond to queries other than as submitted above.

Queries received by the NT Government, together with the NT Government's response to those queries may be published on the Fund website, unless considered confidential.

Applicants should clearly indicate when submitting a query, if the Applicant considers that the query is confidential. If the NT Government considers that the matter the subject of the query is confidential, the NT Government reserves the right not to disclose the query (or its response) to all Applicants.


mailto:[email protected]


If the NT Government considers that the matter the subject of the query should be made available to all Applicants, the NT Government will notify the relevant Applicant that:

the NT Government does not consider the matter to be confidential;

it intends to make the query and the NT Government's response to the query available to all Applicants; and

the Applicant may (within such timeframe as nominated by the NT Government) withdraw the question or otherwise re-submit the question on a non-confidential basis.

7 Terms and Conditions

7.1 Acceptance of terms and conditionsIn submitting an Application, the Applicant acknowledges and agrees to be bound by the terms and conditions as set out in Section 9 of the LJF Policy Framework and the following additional terms and conditions. To the extent there is any inconsistency, the additional terms and conditions below prevail.

The Applicant will be required to expressed accept these terms and conditions to submit an Application. If an Applicant refuses to accept any of the following terms and conditions, the NT Government may in its absolute discretion reject or refuse to consider any Applications lodged by the Applicant, or exclude the Applicant from the Competitive Process.

If the NT Government considers that an Application does not meet the requirements of this document, the NT Government may in its absolute discretion treat that Application as non-conforming.

Without limiting any other provision of this document, the NT Government in its absolute discretion may evaluate or not evaluate any Application which it deems to be non-conforming. The NT Government in its absolute discretion may inform an Applicant that its Application is deemed to be non-conforming and may at its discretion invite that Applicant to submit a conforming Application within a nominated timeframe.

7.2 Enquiries by NT GovernmentThe NT Government may seek clarification from an Applicant in relation to any aspect of its Application. Applicants are required to respond promptly, in writing within five days, to all requests for clarification received from the NT Government.

The NT Government may make any enquiries of any persons which it deems necessary in order to verify or obtain further details on any information provided by an Applicant in its Application. This may include (but is not limited to) the NT Government:

conducting structured and confidential interviews or meetings with Applicants, including presentations by Applicants, in relation to information provided in their Applications; and

conducting any due diligence, such as:

o reference checks and verification of experience referred to in an Application;

o investigations into:

commercial structure, business and credit history;

prior contract compliance;

any criminal records or pending charges;



nominated referees; and

any other relevant activity that is or might reasonably be required to verify the Applicant’s claims.

7.3 Probity

7.3.1 General

As part of the Competitive Process, the NT Government will strictly observe probity protocols in its dealings with prospective Applicants.

The NT Government also reserves the right to have preliminary discussions with prospective Applicants to determine whether the Infrastructure Grant is the appropriate Fund Product for the Applicant. Any such interaction will be overseen by the Probity Advisor. However, the NT Government will not have detailed engagement or provide feedback on specific proposals or Infrastructure Grant applications during the Competitive Process.

In its evaluation of an Application, the NT Government may have regard to any information which it has obtained in accordance with this document.

The Probity Advisor will act as an independent observer throughout the Competitive Process. Applicants may contact the Probity Advisor in circumstances where they have concerns as to probity or the conduct of the Competitive Process. Any contact or communication with the Probity Advisor may be disclosed to the NT Government and any associate of the NT Government.

The Probity Advisor will oversee the Competitive Process generally and the evaluation of Applications. The Probity Advisor’s role is to provide advice in relation to probity issues arising from the Competitive Process and to assist the NT Government to ensure that fairness and impartiality are observed throughout the Competitive Process.

7.3.2 Contact Details

The NT Government has appointed Merit Partners as the independent Probity Advisor in respect of the Process (Probity Advisor).

The Probity Advisor's contact details are as follows:

Mr Matthew KennonProbity AdvisorLocal Jobs Fund Infrastructure Grant Competitive ProcessGPO Box 3470DARWIN NT 0801

[email protected]

7.4 Confidentiality

The contents of this document and any other information provided by the NT Government are being made available to Applicants only in connection with the Infrastructure Grant and must not be disclosed or used other than for the purposes of the Applicant preparing an Application.




The Application submitted by Applicants may be disclosed to:

a) the NT Government, its Ministers, the Department of Trade, Business and Innovation or any of its statutory bodies, agencies or Government owned corporations, or any of their representative officers, employees, advisers, contractors or agents (Government Parties); or

b) any other party (not including another Applicant) from whom the NT Government may seek advice in connection with the Application or the Infrastructure Grant.

All Applications will be retained by the NT Government and are protected by confidentiality provisions in the Public Sector Employment and Management Act and Regulations, and the Code of Conduct. Applicants must not make any public statement in relation to the Competitive Process, the Infrastructure Grant or any other matter referred to in this document without the prior written consent of the NT Government.

7.5 Reservation of rightsNotwithstanding any provision of this document to the contrary, the NT Government may conduct the assessment process and the selection or short listing of Applicants in such manner as it thinks fit and the NT Government reserves the right, in its absolute discretion at any time, to:

change the structure, procedures, scope, nature or timing of the Competitive Process, Infrastructure Grants or overall processes for the Infrastructure Grant;

vary or amend the assessment process or the Assessment Criteria without notification;

take into account any information from its own and other sources in assessing the Application;

give preference to any one or more of the Assessment Criteria over other Assessment Criteria;

seek additional information or clarifications from any Applicant, including to invite presentations from any Applicant or engage in any interview with any Applicant (including without limitation in order to clarify any matter relating to the Applicant's Application without any obligation to seek the same or similar information from other Applicants);

conduct due diligence investigations in respect of any Application (including any Applicant's officers, agents, subcontractors or guarantors);

require Applicants to substantiate any claims, assumptions or commitments contained in an Application;

suspend or terminate further participation in the Competitive Process by any Applicant;

refuse to allow any particular organisations entry into the Competitive Process;

allow the withdrawal or addition of any Applicant;

permit Applicants to be changed or added (whether or not they were previously in the Competitive Process), or Applicants to be merged;

terminate or reinstate the Competitive Process;

extend the Closing Time;

suspend or not proceed with the Infrastructure Grant (including not proceed in the manner outlined in this document);

conduct negotiations with any one or more Applicants after the Applications have been lodged;



agree to terms for the delivery of the Infrastructure Grant that are different from those contained in this document;

consider or accept an Application which does not comply with the requirements of this document;

reject any Application or all Applications for any reason;

publish the names of Applicants;

take such other action as it considers in its absolute discretion appropriate in relation to the Competitive Process for the Infrastructure Grant;

accept or refuse to consider any Application which:

o is lodged by means other than in accordance with this document;

o is lodged after the Closing Time;

o does not conform with this document in any respect;

o has been lodged by an Applicant who has not complied with this document;

determine the nature, scope and timing of any further stages in the Competitive Process (including the Assessment Criteria); and

not provide Applicants with any reasons for any actions or decisions it may take, including in respect of the exercise by the NT Government of any or all of the abovementioned rights.

7.6 Collusive tenderingApplicants must not engage in any collusive tendering, anti-competitive conduct or any other similar conduct with any other Applicant or any other person in relation to the preparation or submission of an Application. Evidence of such conduct may lead to the rejection of the Applications of all Applicants involved.

7.7 Applicant privacy'Personal Information' as defined under the National Privacy Principles and provided by Applicants may, in the course and for the purposes of evaluation, be disclosed to the Government Parties and any other party (not including another Applicant) from whom the NT Government may seek advice in relation to the Competitive Process or the Infrastructure Grant.

In relation to that Personal Information, the Applicant warrants to the NT Government that:

the Applicant has obtained the consent of each individual about which any Sensitive Information (as defined in the Privacy Act 1988 (Commonwealth)) is provided; and

the Applicant has or will within the time required by the Privacy Act ensure that each individual about whom any Personal Information is provided has received a written statement setting out all of the matters required by National Privacy Principle 1.3.

The Applicant must immediately notify the NT Government on becoming aware of any breach of its obligations in relation to Personal Information.

7.8 No legal relationshipSubmission of an Application does not in any way create a contract between the Applicant and the NT Government. The information in this document has been compiled on behalf of the NT Government for the guidance of organisations interested in participating in the Competitive Process. It does not constitute an offer or an invitation to make an offer in



relation to issuing an Infrastructure Grant and does not indicate any intention by the NT Government to enter into any form of legal relations with any party receiving it.

7.9 Costs to be borne by ApplicantsAll costs in preparing Applications shall be borne solely by the Applicant and the NT Government will not in any circumstances be liable for any costs or expenses so incurred. To the extent permitted by law, no Applicant shall have any claim of any kind whatsoever against the NT Government (whether in contract, tort (including negligence), equity, under statute or otherwise) arising from or in connection with:

any costs, expenses, losses or liabilities suffered or incurred by the Applicant in preparing and submitting its Application (including any amendments, requests for further information by the NT Government, attendance at meetings or involvement in discussions) or otherwise in connection with its Application or the Infrastructure Grant;

the NT Government at any time exercising or failing to exercise, in its absolute discretion, any rights it has under or in connection with this document or the Infrastructure Grant; or

any of the matters or things relevant to its Application or the Infrastructure Grant in respect of which the Applicant must satisfy itself under this document.

Without limiting the foregoing, if the NT Government cancels or varies the Competitive Process at any time or does not select or shortlist any Applicant following its evaluation of Applications, or does anything referred to in section 7.2 of these general terms and conditions, no Applicant shall have any claim against the NT Government arising from or in connection with any costs, expenses, losses of liabilities incurred by the Applicant in preparing and submitting its Application or otherwise in connection with or in relation to the Infrastructure Grant.

7.10 Ownership of ApplicationsEach Application becomes the property of the NT Government on lodgement, and will not be returned to Applicants.

Any intellectual property rights that may exist in an Application will remain the property of the Applicant. Any element of an Application considered to carry any intellectual property rights should be clearly identified by the Applicant. Where the NT Government, in its sole discretion determines that such elements are subject to intellectual property rights, the NT Government will treat that element as protected.

By providing an Application, the Applicant grants the Government Parties a non-exclusive, fully paid up and royalty free, perpetual, assignable licence to copy, adapt, modify, disclose or do anything else necessary at the NT Government's sole discretion, to all material (including material that contains any intellectual property rights of the Applicant or any other person) contained in an Application for the purposes of evaluating that Application and determining the NT Government's requirements for the Infrastructure Grant (including any further stages in the process of selection of the Applicant for the Infrastructure Grant).

The Applicant must ensure that it obtains any moral rights consents necessary for the Government Parties to exercise their rights as set out in this section.

7.11 Media and other communicationsApplicants must not use any media or other public communication channels:



in a way which may reflect adversely on the Infrastructure Grant or the NT Government in relation to the Infrastructure Grant; or

to comment about matters associated with the Competitive Process or the Infrastructure Grant.

If an Applicant considers that it must make a market, public or media statement in relation to or in connection with the Infrastructure Grant, it must first, to the extent reasonably possible, discuss the content of such statement with the NT Government and comply with any requirements which the NT Government may stipulate in relation to the statement.

7.12 Complaints Management ProcessWhere an Applicant wishes to make a complaint in relation to any matter arising out of, or in any way in connection with the Competitive Process, that complaint is to be made by notice to [email protected], setting out the subject matter of the complaint, and the position the Applicant considers to be correct. A copy should be addressed to the Probity Advisor.

The NT Government will assess and determine how to address the complaint in accordance with the Department of Business, Trade and Innovation’s Complaints Policy as in force from time to time. Complaints will be treated in strict confidence.

The NT Government will ensure that the receipt or investigation of a complaint does not prejudice a complainant’s participation in the Competitive Process by ensuring the Probity Advisor is fully informed of the complaint and is present as an independent observer throughout the Competitive Process. The NT Government may not accept a complaint that is not made by notice as outlined above.

7.13 No warrantiesThe NT Government and Government Parties do not make any warranty or representation (express or implied) as to the currency, accuracy, adequacy, suitability, reliability or completeness of the information contained in this document or any information which may be provided in association with it including as to the suitability of the Fund Product identified in this document.

Applicants agree to consider the characteristics of the Fund Product identified in this document and make their own enquiries as to the suitability of the Fund Product for their project.

7.14 Changes to participantsWhere an Applicant is a consortium, the Applicant will be evaluated and short listed on the basis of the consortium members (participants) who are identified in the Application. If an Applicant lodges its Application without having identified all participants, this may affect the Applicant's ability to meet the Competitive Process Assessment Criteria.

An Applicant may not change or add to its members, nor may Applicants merge after the lodgement of an Application, without the NT Government's consent.




An Applicant should (as a minimum) notify the NT Government of any change to any of the following entities or individuals:

any entity that proposes to take a direct equity interest in the Applicant if successful;

the ultimate parent entity of any entity that proposes to take a direct equity interest in the Applicant if successful;

any other entity that is likely to be in a position to exercise control or influence (direct or indirect) over the future management and operation of the Applicant if successful; and

any director, secretary or chief executive officer of any entity falling within the above paragraphs and any proposed new directors, secretary or chief executive officer.

7.15 Conflict of interest

A declaration should be made by Applicants, participants and their respective officers, employees, agents and advisers and submitted with the Application as to any conflict of interest or a potential conflict of interest during the Competitive Process or in relation to their potential involvement in receiving the Infrastructure Grant. Applicants undertake to inform the NT Government of any actual or potential conflicts that may arise after lodgement of an Application.

The NT Government reserves the right, in its absolute discretion, at any stage to undertake investigations to satisfy itself that there are no conflicts of interest or potential conflicts of interest. At the absolute discretion of the NT Government, any conflict or potential conflict may lead to the Applicant’s exclusion from the Competitive Process.

7.16 Right to information

Applicants should note that relevant legislation may allow members of the public rights to be given access to documents relating to the Infrastructure Grant.

All or part of an Application may be disclosed to third parties if there is a requirement to do so under the provisions of relevant legislation.

Any information that is of a confidential nature or concerns the business, professional, commercial or financial affairs of an Applicant, the disclosure of which could reasonably be expected to have an adverse effect on those affairs, may be exempt from disclosure under legislation and should be marked as follows:

SENSITIVE BUSINESS INFORMATION

Confidential to [entity name]

Refer to [name and title of company representative who is claiming exemption]

Telephone [direct telephone number]'

Marking information in the manner stated above will not necessarily prevent disclosure of the matter in accordance with legislation. Any decision to grant access to a document will be determined by the requirements of legislation. Applicants will not be entitled to make any claim in relation to any actions taken in relation to, or under, the legislation.

Applicants are advised that, while the Government Parties may deal with applications for access in response to right to information requests, there may be occasions where an Applicant exercises a right to seek independent external review of the decisions made.



7.17 The NT Government may rely on information in ApplicationsBy submitting an Application, the Applicant:

warrants to the NT Government and the Government Parties that the information contained in its Application is accurate and complete as at the date on which it is submitted, and may be relied on by the NT Government in determining whether or not to select the Applicant as a short listed Applicant;

undertakes to promptly advise the NT Government if it becomes aware of any change in circumstances which causes the information contained in its Application to become inaccurate or incomplete in a material respect;

acknowledges that the NT Government will rely on the above warranty and undertaking when evaluating the Application; and

acknowledges that the NT Government may suffer loss or damage if the Applicant breaches the warranty and undertaking.

7.18 DebriefingDebriefing of Applicants not selected will occur after the Competitive Process is complete and at a time selected at the absolute discretion of the NT Government.

The Applicants acknowledge and accept that:

the purpose of any debrief is to discuss the reasons why the Applicant's Application was not selected; and

the NT Government is not obliged to make any comparison with or provide any information about any other Applicants or Applications.

7.19 Variations to ApplicationAn Applicant may replace, amend or supplement its Application only if invited to do so by the NT Government.

The NT Government reserves the right to ask for a replacement, amended or supplemental Application from one or more Applicants but is under no obligation to do so. The NT Government is entitled to accept a replacement, amended or supplemental Application from an Applicant (whether requested by the NT Government or not) in its absolute discretion, without reference to any other Applicants.

7.20 No appealApplicants will not have a right to appeal to the NT Government against any decisions made or rights exercised by the NT Government in connection with the Competitive Process or the Infrastructure Grant.

7.21 NT Government's powers not fetteredApplicants acknowledge:

the NT Government gives no warranty and makes no representation as to the way the NT Government or any other Government Parties may exercise any discretion relevant to any aspect of the Infrastructure Grant; and



nothing in the Competitive Process or any information which may be provided in association with it fetters the exercise by any Government body of any discretion whether to grant, grant subject to conditions, or refuse any approval or fetter the exercise, by any Government body, of any executive discretionary or other powers or actions whatsoever.

7.22 Application of this documentExcept to the extent the NT Government expressly determines otherwise, this document (including these conditions applying to the Competitive Process) shall continue to apply to any process that the NT Government may undertake (including following the close of the Competitive Process) in connection with the selection or negotiation or dealings with any Applicant.

7.23 Applicant's legal and ethical obligationsEvery Applicant must:

prior to lodging any Application, obtain or satisfy itself as to its ability to obtain any approval, qualification, registration or licence required to be held by the Applicant to enable it to lawfully perform and satisfy the commitments set out in its Application;

in preparing and lodging its Application, comply with all applicable laws, legal requirements and acceptable probity standards; and

without limiting the above:

not collude with, accept any commission from, or offer any commission to, any other Applicant;

not disclose any part of its application to any other Applicant;

not enter any contract, arrangement or understanding with any other Applicant or any trade, industry or other association to the effect that the Applicant, if successful, will confer any benefit on any other party;

not offer any incentives, gifts or other favours to any person who is in any way:

o involved with;

o capable of providing technical or other advice to those who are involved in any way with; or

o in a position to influence,

the evaluation of applications (including without limitation any person closely related or associated with those persons or entities); and

not enter any anticompetitive contract, arrangement or understanding with any other party in connection with the Applicant's proposal.

7.24 CanvassingApplicants must not contact any members, or employees or officers of the Government Parties or the Government Parties' advisers with a view to providing or obtaining information in respect of any part of the Infrastructure Grant, the Competitive Process or their Application, or attempting to support or enhance their prospect of being selected as a short listed Applicant other than as expressly permitted by this document. At the absolute discretion of the NT Government, any unauthorised communication or attempted approach by an Applicant may lead to the Applicant's exclusion from the Competitive Process.



7.25 Terms and conditions to prevailExcept to the extent the NT Government may otherwise expressly agree in writing, these general terms and conditions prevail over any other inconsistent provision of this document or any inconsistent information provided by the NT Government in association with the Competitive Process.

7.26 Governing lawThis document is governed by the laws applicable in Northern Territory.


Documents

Local Jobs Fund Infrastructure Grant competitive process ...€¦ · Web viewfocus upon export earning (national and international) or import substitution. Infrastructure Grant