39Primary obligations of operator of new relevant facility

39 Primary obligations of operator of new relevant facility

(1) Part C of an AIP plan for a major project must state that the operator of the new relevant facility will take all reasonable steps to ensure that each procurement entity for the new relevant facility will achieve the following objectives: (a) the key objective of Part C of the plan; (b) the objective that the procurement entity will have a publicly accessible website; (c) the objective that the procurement entity will not request bids to supply key goods or services for the new relevant facility’s initial operational phase unless the procurement entity has a broad understanding of the capability and capacity of Australian entities generally to supply those goods or services; (d) the objective that requirements that potential bidders must satisfy in order to bid to supply key goods or services for the new relevant facility’s initial operational phase: (i) will be published on the website of the procurement entity; and (ii) will be so published at a reasonable time before the request for bids is made; (e) the objective that: (i) standards for key goods or services that are to be acquired for the new relevant facility’s initial operational phase by the procurement entity will be published on the website of the procurement entity; and (ii) if the standards are neither Australian standards nor international standards—the procurement entity will publish on its website a statement explaining why neither Australian standards nor international standards are being used; (f) the objective that the procurement entity will not discriminate against Australian entities in relation to timeframes for responding to requests for bids to supply key goods or services for the new relevant facility’s initial operational phase; (g) the objective that the procurement entity will: (i) provide feedback to Australian entities whose bids to supply key goods or services for the new relevant facility’s initial operational phase have not been successful; and (ii) ensure that such feedback includes recommendations about any relevant training and any relevant skills capability and capacity development; (h) the objective that the procurement entity will: (i) at all times have an employee who is designated as the procurement contact officer for the new relevant facility; and (ii) publish the procurement contact officer’s contact details on the procurement entity’s website. (2) Part C of an AIP plan must state that the operator of the new relevant facility will take specified steps directed towards ensuring that the objectives set out in subsection (1) are achieved by each procurement entity for the new relevant facility.