Stage 1

APIDT intends to sell its address holdings in three separate stages via a Sale by Tender process.

In Stage 1, the block of address space being sold was subdivided into smaller blocks. Tenders could be submitted for one or more (or all) of these blocks.

Stage 1: 43/9

Block Size: /12

Number of blocks: 8

Stage 1 has now been completed.

Dates

Tenders open: 25 May 2020
Tenders close: 22 June 2020 at 17:00 (UTC+10)

Documents

Q&A

Questions received by the Trust via email, and the answers provided, are published below for transparency.

1. Will a tenderer be required to enter into the “Standard Transfer Agreement” before it submits its tender? If a tenderer does not accept all terms of that “Standard Transfer Agreement,” can a tenderer submit different mark-ups to the agreement?

The tenderer is not required to accept all the terms of the “Standard Transfer Agreement”. The tenderer is able to send a mark-up of the “Standard Transfer Agreement”, or use its own form of agreement. However, if it does so, then the tenderer’s proposed agreement will be evaluated against other competing tenders, and compared against the “Standard Transfer Agreement” as part of the evaluation process. Further, if the terms of the tenderer’s proposed agreement are such that they are considered unacceptable, then the tender will be discarded.

2. Will there be an opportunity for the tenderer and Trustee to discuss/negotiate the tender?

While the Trustee reserves the right to negotiate with any short-listed tenderer, it is not the intention of the Trustee to invite negotiations. Tenderers should proceed on the basis that their offer will be considered as their final offer, and the Trustee will make its selection accordingly.

3. When Stage 1 is completed, will the specifics of the winning tenders be made public (i.e., price, number of blocks, identity of the winning tenders)?

When Stage 1 completes, and the transfer of the addresses is registered (with either APNIC or an APNIC NIR), the registry will display details of the new holder of the address resources, as is the current practice of APNIC and APNIC NIRs. The trustee does not intend disclosing the transaction price for individual blocks of addresses.

However, for transparency the Trustee may disclose the total amount raised from any stage, if this does not disclose the amount paid in individual transactions. The Trustee does intend to disclose the total funds raised after the entire sale process of all three stages is completed.

4. How much is the tender bond, and does the address space have a reserve price?

There is no tender bond; and there is no reserve price.

5. Can you advise whether we can meet and negotiate?

While the Trustee will reserve the right to negotiate with any short-listed tenderer (among other things), it is not the present intention of the Trustee to invite negotiations. Tenderers should proceed on the basis that their offer will be considered as their final offer, and the Trustee will make its selection accordingly.

6. According to the Request for Tender, the payment needs to be made within 30 days after notification of a successful tender.  It may take time however to arrange this. Is it acceptable if payment in made within 30 days upon the invoice issued?

Tenderers may propose a variation to the payment provision (such as 30 days after issue of invoice, instead of 30 days after notification). However, any variation will be evaluated and assessed, and compared with other competing tenderers.

7. In respect of the execution process of the Standard Transfer Agreement, I understand as part of a valid tender we are required to submit electronically an agreement that is executed in PDF format.  Is a wet signature required for execution or would a corporate chop be an option as well?

APIDT simply requires execution in a form which is binding and enforceable, according to the laws of the company’s incorporating jurisdiction. A wet signature is not necessary (unless required by law in the incorporating jurisdiction), and a corporate chop may be affixed although not necessary (unless required by law in the incorporating jurisdiction).

8. If we have submitted an executed Standard Transfer Agreement in Stage 1 and do not win related bidding, will this executed agreement continue to be valid and applicable in Stage 2 and 3 tender submissions? Or do we need to submit an executed agreement together with each tender submission?

An executed Standard Transfer Agreement for Stage 1 will only be valid for Stage 1. If you are not successful in Stage 1, then the agreement will be destroyed at the end of the Stage 1 tender process. Separate executed documents will need to be submitted for the subsequent stages of bidding.