Appendix A - Glossary
The following defined terms are used throughout the DSUP documents.
Approach to Market
Has the same meaning as in the Commonwealth Procurement Rules.
Buyers
Are Corporate Commonwealth Entities and Non-corporate Commonwealth Entities for the purpose of the Public Governance, Performance and Accountability Act 2013 (Cth).
Commonwealth Procurement Rules
Is the written instrument issued and updated by the Minister for Finance under section 105B(1) of the Public Governance, Performance and Accountability Act 2013 (Cth), as updated from time to time by the Finance Minister.
Confirmed Serious Underperformance
Is the status given to a Seller on the CSU Register if the DTA makes a decision that a Seller’s performance under a Strategic Digital Contract is Serious Underperformance for the purpose of the DSUP.
Confirmed Serious Underperformance (CSU) Register or CSU Register
Means the register established and administered by the DTA under the DSUP, which includes details of Confirmed Serious Underperformance that can be viewed by Buyers conducting procurements for new Strategic Digital Contracts.
Corporate Commonwealth Entities
Has the same meaning as set out in the Public Governance, Performance and Accountability Act 2013 (Cth).
Email
Is the DTA DSUP email address: DSUP@dta.gov.au.
Forms
Refer to the versions of the Self-Assessment Tool (DSUP001) and Serious Underperformance Report (DSUP002) forms described in the ‘How to Submit a Serious Underperformance Report’ section of the DSUP Guidance that are available at Reporting Serious Underperformance.
Non-corporate Commonwealth Entity
Has the same meaning as set out in the Public Governance, Performance and Accountability Act 2013 (Cth).
OFFICIAL: SENSITIVE
Is a Security Classification that has the meaning given in paragraph 9.2 (Security Classifications) of the Protective Security Policy Framework.
PROTECTED
Is a Security Classification that has the meaning given in paragraph 9.2 (Security Classifications) of the Protective Security Policy Framework.
Protective Security Policy Framework
Means the Commonwealth’s Protective Security Policy Framework, as updated from time to time.
Security Classification
Refers to the four security classifications (OFFICIAL: SENSITIVE, PROTECTED, SECRET and TOP SECRET) included in the Protective Security Policy Framework that is used by Australian Government officials to assess the treatment of information including the value, importance or sensitivity of the information considering the potential damage that would arise if the information confidentiality was compromised.
Self-Assessment Tool (DSUP001)
Is the relevant Form issued by the DTA that is available at Reporting Serious Underperformance and updated by the DTA from time to time that Buyers must use to:
- Self-assess if a contract meets the definition of a Strategic Digital Contract.
- Assist in deciding whether to Submit a Serious Underperformance Report (DSUP002) to the DTA.
Sellers
Are organisations that enter Strategic Digital Contracts with Buyers.
Serious Underperformance
For the purposes of the DSUP, Serious Underperformance is defined as an instance of Seller underperformance meeting any of the following criteria:
- Significant Deficiencies in Performance. Instances of significant deficiencies in performance of any substantive requirement or obligation of a Seller under a Strategic Digital Contract.
- Significant Financial Events. Sellers that are subject to bankruptcy or insolvency.
- False Declarations. The Seller is found to have made false declarations in connection with a Strategic Digital Contract or related procurement. For example, false statutory declarations or misleading statements.
See the DSUP Guidance for examples of what may or may not constitute Serious Underperformance under the DSUP.
Serious Underperformance Report (DSUP002)
Is the relevant Form issued by the DTA that is available at Reporting Serious Underperformance and updated by the DTA from time to time that Buyers must use to report Serious Underperformance to the DTA under the DSUP.
Serious Underperformance Report
Is a report of Serious Underperformance prepared by a Buyer using the relevant Serious Underperformance Report (DSUP002) Form and Submitted by the Buyer to the DTA in accordance with the DSUP Standard.
Significant Event
Means:
- Any adverse comments or findings made by a court, commission, tribunal or other statutory or professional body regarding the conduct or performance of the Seller or its officers, employees, agents or subcontractors that impact or could be perceived to impact their professional capacity, capability, fitness or reputation.
- Any other significant matters, including the commencement of legal, regulatory or disciplinary action involving the Seller or its officers, employees, agents or subcontractors that may adversely impact on compliance with Commonwealth policy and legislation or the Commonwealth’s reputation.
Strategic Digital Contract
Is defined as contracts for digital products or services that meet any of the following criteria:
- Contracts with a total estimated whole-of-life contract value of at least AUD $4 million GST exclusive, including any extension options. Contracts that are varied or extended beyond their initial term are considered Strategic Digital Contracts if the cumulative value exceeds AUD $4 million GST exclusive.
- Multiple related contracts, each below AUD $4 million GST exclusive, that in aggregate meet or exceed AUD $4 million GST exclusive. In such cases, each contract in the group is deemed a separate Strategic Digital Contract.
- Any other contract, regardless of value, that the DTA, in its sole discretion, determines to be Strategically Significant in the delivery of digital products and services to or on behalf of the Australian Government.
Examples include contracts supporting complex digital transformation projects, enabling major government policy or legislative initiatives, or involving systems of national importance.
Strategically Significant
Means a contract for digital products and services that supports the delivery of:
- Complex digital transformation projects led by the Australian Government.
- An Australian Government policy or legal initiative – for example, to enable an Australian Government agency to perform its functions under legislation.
- A contract that delivers and/or supports any Australian Government systems of national significance – for example, the contract is low value but requires the Seller to store and manage critical and/or sensitive information of Australians, such as health information.
- A contract that includes the provision or support of a ‘critical infrastructure asset’ as defined in the Security of Critical Infrastructure Act 2018 (Cth).
Refer to examples of Strategically Significant contracts in the DSUP Guidance.
Submit
Refers to the submission of the Forms to the DTA via the online digital webform or Email, as the context requires, in accordance with the process described in the ‘How to Submit a Serious Underperformance Report’ section of the DSUP Guidance. References to ‘Submission’ and ‘Submitting’ have the same meaning.