Department of Treasury and Finance
Request for Tender (RFT) Request for Tender (RFT) for:
Staffing Services
Reference Number:
SS-11-2010
Issue Date:
23 February 2011
Place for Lodgement:
http://www.tenders.vic.gov.au
Further Information about this RFT can be obtained by emailing
[email protected]
Commercial-in-Confidence
Table of contents Introduction............................................................................................................................................ 5 The opportunity ............................................................................................................................. 5 Structure of RFT............................................................................................................................ 6 RFT objectives .............................................................................................................................. 7 RFT PART A – CONDITIONS OF TENDERING..................................................................................... 8 Reference Schedule...................................................................................................................... 8 1.
Establishment details.................................................................................................................. 9 1.1 Lead department ................................................................................................................. 9 1.2 Tender reference number.................................................................................................... 9 1.3 Project Manager and Project Sponsor ................................................................................ 9 1.4 Indicative timetable* .......................................................................................................... 10 1.5 Additional materials........................................................................................................... 10 1.6 Lodgement of tenders ....................................................................................................... 10 1.7 Additional rules...................................................................................................................11
2.
Rules governing this Request for Tender and the tendering process .................................11 2.1 Application of these rules ...................................................................................................11
3.
Request for Tender.................................................................................................................... 12 3.1 Status of Request for Tender ............................................................................................ 12 3.2 Accuracy of Request for Tender........................................................................................ 13 3.3 Additions and amendments to Request for Tender........................................................... 13 3.4 Representations ................................................................................................................ 13 3.5 Confidentiality.................................................................................................................... 14 3.6 Licence to use Intellectual Property Rights....................................................................... 14 3.7 Availability of additional materials ..................................................................................... 14
4.
Communications during the tendering process.................................................................... 15 4.1 Project manager................................................................................................................ 15 4.2 Requests for clarification or further information ................................................................ 15 4.3 Unauthorised communications.......................................................................................... 16 4.4 Improper assistance .......................................................................................................... 16 4.5 Anti-competitive conduct................................................................................................... 16 4.6 Complaints about tendering process ................................................................................ 17 4.7 Conflict of interest ............................................................................................................. 17
5.
Submission of tenders.............................................................................................................. 18 5.1 Lodgement ........................................................................................................................ 18 5.2 Late tenders ...................................................................................................................... 18
6.
Tender documents..................................................................................................................... 19 6.1 Tenderers’ responsibilities................................................................................................. 19 6.2 Preparation of tenders....................................................................................................... 19 6.3 Illegible content, alteration and erasures .......................................................................... 20 6.4 Obligation to notify errors .................................................................................................. 20 6.5 Responsibility for tendering costs ..................................................................................... 20 6.6 Disclosure of tender contents and tender information ...................................................... 20 6.7 Use of tenders ................................................................................................................... 21 6.8 Period of validity................................................................................................................ 21 6.9 Status of tender ................................................................................................................. 21
7.
Compliance with specification and proposed contract ........................................................ 22 7.1 Compliance with specification........................................................................................... 22 7.2 Compliance with the proposed contract............................................................................ 23 7.3 General ............................................................................................................................. 24 7.4 Alternative tender .............................................................................................................. 24
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Commercial-in-Confidence 8. Contract disclosure requirements........................................................................................... 25 8.1 Freedom of information..................................................................................................... 25 8.2 Environmental claims ........................................................................................................ 26 8.3 Trade secrets .................................................................................................................... 26 8.4 Unreasonable disadvantage ............................................................................................. 27 9.
Evaluation of tenders................................................................................................................ 27 9.1 Evaluation process............................................................................................................ 27 9.2 Evaluation criteria format .................................................................................................. 28 9.3 Clarification of tender ........................................................................................................ 30 9.4 Discussion with Tenderers ................................................................................................ 30 9.5 Best and final offers .......................................................................................................... 31
10.
Successful tenders ................................................................................................................... 32 10.1 No legally binding contract................................................................................................ 32 10.2 Pre-contractual negotiations ............................................................................................. 32 10.3 No obligation to enter into contract ................................................................................... 32
11.
Ethical Purchasing Policy ........................................................................................................ 32
12.
Victorian Industry Participation Policy ................................................................................... 33 12.1 Victorian Industry Participation Policy Plan....................................................................... 33
13.
Additional Rules ........................................................................................................................ 34
14.
Tenderer Warranties.................................................................................................................. 35
15.
Lead Department’s Rights ........................................................................................................ 35
16.
Governing law............................................................................................................................ 36
17.
Interpretation ............................................................................................................................. 36 17.1 Definitions ......................................................................................................................... 36 17.2 Interpretation ..................................................................................................................... 37 17.3 Inconsistency .................................................................................................................... 38
RFT PART B – SPECIFICATION .......................................................................................................... 39 1.
General ....................................................................................................................................... 40 1.1 INTRODUCTION.............................................................................................................. 40 1.2 OBJECTIVES................................................................................................................... 41 1.3 PROPOSED CONTRACT PERIOD ................................................................................. 41
2.
Statement of Requirements...................................................................................................... 41 2.1 Relevant legislative requirements.................................................................................... 41 2.2 Security checks ................................................................................................................ 44 2.3 Master Vendor demonstrated capabilities ......................................................................... 45 2.4 Compliance with Specification .......................................................................................... 45 2.5 Capability and infrastructure requirements ....................................................................... 46 2.6 Past Performance ............................................................................................................ 53 2.7 Quality and OH&S Systems............................................................................................. 54 2.8 Customer Service and Account Management ................................................................. 55 2.9 Strategic ........................................................................................................................... 56 2.10 Innovation.......................................................................................................................... 56 2.11 Financial viability ............................................................................................................... 56 2.12 Pricing ............................................................................................................................... 56 2.13 Risk management and business continuity planning ........................................................ 57 2.14 Compliance with proposed contract.................................................................................. 57 2.15 Environmental Sustainability............................................................................................. 57
Part B – Appendix 1 - indicative job roles......................................................................................... 58 RFT PART C – PROPOSED CONTRACT............................................................................................ 62 RFT PART D – TENDERER’S RESPONSE ......................................................................................... 63 Tenderer’s information........................................................................................................................ 64 Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence 1. Executive Summary.................................................................................................................. 65 2.
Master Vendor Capability ......................................................................................................... 65
3.
Compliance with the Specification .......................................................................................... 66
4.
Capability ................................................................................................................................... 68
5.
Past Performance and Current Work ...................................................................................... 70
6.
Quality and OH&S systems for deliverables .......................................................................... 71
7.
Customer Service and Account Management........................................................................ 72
8.
Strategic ..................................................................................................................................... 74
9.
Innovation and State of Technology........................................................................................ 74
10.
Financial viability ...................................................................................................................... 75
11.
Risk and Insurance ................................................................................................................... 76
12.
Compliance with the proposed contract................................................................................. 77
13.
Conflict of interest..................................................................................................................... 77
14.
Costings ..................................................................................................................................... 78
15.
Environmental Sustainability ................................................................................................... 80
16.
Ethical Purchasing Policy ........................................................................................................ 80
17.
VIPP Plan.................................................................................................................................... 80
18.
Any other matters...................................................................................................................... 80
19.
VGPB website ............................................................................................................................ 80
Part D - Attachment A.......................................................................................................................... 81 RFT PART E– ETHICAL EMPLOYMENT RESPONSE ....................................................................... 82
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Introduction The opportunity The Department of Treasury and Finance (Lead Department) plays a leading role in economic, financial and resource management and in assisting the Victorian Treasurer and the Minister for Finance in delivering the Victorian Government’s policy platform. The Lead Department is seeking responses on behalf of the State of Victoria and its associated entities to this Request for Tender (RFT), reference number SS-11-2010 for the provision of on-hire and permanent staffing services (as required) under a State Purchase Contract (SPC) arrangement in the following categories: (a) Non-IT Staffing Services covering: Administration (including Senior roles); and Specialist & Professional (including Senior roles) (b) IT Staffing Services covering: Information Technology (including IT Specialist and Senior roles) referred to as the Services. Tenderers must have expertise in either or both of Non-IT Staffing Services and IT Staffing Services. Tenderers may submit a response for either Non-IT Staffing Services or IT Staffing Services or for both categories. Tenderers must indicate in Part D of this RFT for which category(s) they are submitting responses. The Lead Department is seeking to appoint a limited number of suppliers to deliver Non-IT Staffing Services and IT Staffing Services with a minimum requirement of two suppliers per each of the two categories to minimise risk to business continuity. The Lead Department’s desired model for delivery is to contract with a small number of prime contractors (referred to as Master Vendors) who manage the delivery of the Services using their own capability and that of their sub-contractors (referred to as Tier 2 Suppliers).
Use of SPCs is mandatory for public entities bound by the Victorian Government Purchasing Board Procurement Polices. These entities are listed in Part 1 of Schedule 4 in the proposed contract provided in Part C of this RFT. It is not mandatory for Victorian Government entities not bound by Victorian Government Purchasing Board Procurement Polices (VGPB) to purchase goods and/or services provided under a SPC. However, non-VGPB entities may elect to subscribe and commit to using the SPC where it meets their business requirements.
Victorian Government may in its absolute discretion use its own resources to search and select personnel for permanent and executive appointments and as such the use of this SPC is not mandated for permanent recruitment and executive appointment services unless the services are being outsourced. The initial term of the new contract arrangement is for three (3) years with two (2) options to extend the term, each of one (1) year. It is intended that the new contract arrangement will commence in July 2011. Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Structure of RFT This RFT comprises the following sections :
Introduction – contains an overview of the opportunity presented in, and the objectives of, this RFT.
RFT Part A – Conditions of Tendering sets out the rules applying to the RFT documents and to the tendering process. These rules are deemed to be accepted by all Tenderers and by all persons having received or obtained the RFT.
RFT Part B – Specification describes the Services in respect of which the Lead Department invites tenders from interested persons.
RFT Part C – Proposed Contract contains the terms and conditions in compliance with which the Lead Department desires the Services set out in RFT Part B to be provided. (Refer Attachment 1)
RFT Part D – Tenderer’s Response specifies the information to be provided in a tender and may also specify any information to be provided by a Tenderer by other means. RFT Part D includes a template to be completed and included in a tender. (Refer Attachment 2)
RFT Part E – Ethical Employment Statement contains the statement to be completed by shortlisted Tenderers demonstrating their ability to satisfy the ethical employment standard. Tenderers should not complete and return RFT Part E unless and until requested to do so by the Lead Department.
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RFT objectives The Lead Department is seeking responses to this RFT for provision of Staffing Services to the Lead Department and to other Victorian Government departments, agencies and government supported organisations. The Lead Department’s specific requirements in relation to the Services are set out in RFT Part B of this RFT (Specification). In issuing this RFT, the Lead Department seeks to identify Tenderers who are: (a)
able to provide the Services required by the Lead Department in the manner set out in the Specification;
(b)
able to demonstrate a commitment and ability to working in collaboration with the Lead Department over the term of any agreed contractual period to continuously seek improvements in value, efficiency and productivity in connection with the provision of the Services; and
(c)
prepared to work with the Lead Department to continue to identify opportunities for improvement in the quality and level of service provided to the Lead Department,
for the mutual benefit of both the Lead Department and the Tenderer. All Victorian departments are committed to improving environmental outcomes through the consideration of environmental factors when determining overall value for money in the procurement of goods and/or services. Consideration of environmental factors is reflected in the requirements of this RFT.
Note to Tenderers: only Tenderers capable of providing the services in the capacity of a Master Vendor and complying with the conditions set out in this RFT should submit a Tenderer’s response.
Organisations that do not have Master Vendor capability are encouraged to engage in the process as Tier 2 Suppliers. Parties interested in forming alliances can have their details published on the www.tenders.vic.gov.au website. The contact details are required to be submitted by sending an email with the subject line "Consent to publish details" to
[email protected] before 5 pm on Wednesday, 16 March 2011".
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RFT PART A – CONDITIONS OF TENDERING Reference Schedule The information contained in this Reference Schedule must be read in conjunction with the remainder of this RFT Part A. Capitalised terms used in this RFT have defined meanings which are explained in clause 17.1 (Definitions) of this RFT Part A. Capitalised terms defined elsewhere in this RFT but not referred to in clause 17.1 have the same meaning wherever used throughout this RFT.
NOTE TO TENDERERS: (i)
Tenderers are advised to register at the tenders’ page of the Tenders website (http://www.tenders.vic.gov.au) in order to attend the Tender Briefing and receive any further information (including amendments, addenda, and further conditions) that may apply to this RFT.
(ii)
The Tenderer’s Response (RFT Part D) must be prepared in accordance with clause 6 (Tender Documents) and submitted in accordance with clause 5 (Submission of tenders) of this RFT Part A.
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1. 1.1
Establishment details Lead department Department of Treasury and Finance
1.2
Tender reference number SS-11-2010
1.3
Project Manager and Project Sponsor
Project Manager
Project Sponsor
Name
Rebecca Coburn
Alice Sidhu
Title
Strategic Sourcing Officer, Government Services Division, Department of Treasury and Finance
Director, Strategic Sourcing, Government Services Division, Department of Treasury and Finance
Postal Address
Level 8,120 Collins street, Melbourne,Victoria,3000
Level 8,120 Collins street, Melbourne, Victoria,3000
Email Address
[email protected]
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1.4
Indicative timetable*
Activity
Date
Activity
Date
1. RFT Issued
23 February 2011
6. Intended completion of evaluation of tenders 7. Negotiations with Tenderer(s) (if applicable)
May 2011
3. End of period for 2.00 pm questions or requests Melbourne Local for information Time, See clause 4.2 5 24 March 2011 Requests for clarification or further information. 4. Closing Time 2.00 pm Melbourne Local See clause 5.2 Time, Late tenders 31 March 2011
8. Intended formal notification of successful Tenderer(s)
June 2011
9. Intended execution of Proposed Contract(s)
June - July 2011
5. Intended completion of short-listing process
10. Intended commencement date
1 July 2011
2. Tender Briefing
Time: 11 am, 9 March 2011
June 2011
Place: Treasury Theater,101/1 Macarthur street, Melbourne, Victoria, 3000
April 2011
* NOTE TO TENDERERS: (i)
This timetable is provided to give Tenderers an indication of the timing of the tendering process. The timetable is indicative only and may be changed by the Lead Department in accordance with the Conditions of Tendering set out in Part A of this RFT.
A full debrief for unsuccessful Tenderers will be held after the conclusion of the tender process if requested.
1.5
Additional materials Not Applicable
1.6
Lodgement of tenders Hard copy lodgement Not Applicable
All Tenders must be lodged by Internet (refer to 1.6.2)
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1.6.2
Internet lodgement
Website Address
www.tenders.vic.gov.au
Hours of access to Tender Box
7days/24 hours until tender closing date and time
Access restrictions (if any)
N/A
Size restrictions (if any)
N/A
Other Requirements
Tenderers must provide an electronic copy of the Tenderer’s response in Microsoft Office 2003 format, to be submitted in accordance with Conditions of Tendering. Include the name of the Tenderer in the footer of the Tender. All documents must be virus checked by the Tenderer before lodgement. The response schedule (RFT Part D) and the response spreadsheet (Response Workbook – Attachment 2) are protected documents and must not be modified other than to complete response fields. Any further modification may render the response non-compliant.
The Lead Department strongly advises Tenderers to submit their Tenders as early as possible and do not leave lodgement until just before Closing Time. The Lead Department suggests Tenderers submit their tender 24 hours before Closing Time to allow adequate time to download the Tender to the etender box. Tenderers should note that clause 5.2 (Late Tender) of RFT Part A sets out the circumstances under which a late Tender may be considered and accepted.
1.7
Additional rules Not Applicable
2. 2.1
Rules governing this Request for Tender and the tendering process Application of these rules 2.1.1
Participation in the tendering process is subject to compliance with the rules contained in this RFT Part A.
2.1.2
All persons (whether or not they submit a tender) having obtained or received this RFT may only use it, and the information contained in it, in compliance with the rules contained in this RFT Part A.
2.1.3
All Tenderers are deemed to accept the rules contained in this RFT Part A.
2.1.4
The rules contained in this RFT Part A apply to:
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Commercial-in-Confidence (a) the RFT and any other information given, received or made available in connection with the RFT, including any additional materials (where applicable) specified in item 1.5 (Additional Materials) of RFT Part A and any revisions or addenda; (b) the tendering process; and (c) any communications (including any tender Briefings, presentations, meetings or negotiations) relating to the RFT or the tendering process.
3. 3.1
Request for Tender Status of Request for Tender 3.1.1
This RFT is an invitation for persons to submit a proposal for the provision of the Services set out in the Specification contained in RFT Part B. Accordingly, this RFT must not be construed, interpreted, or relied upon, whether expressly or impliedly, as an offer capable of acceptance by any person, or as creating any form of contractual, promissory, restitutionary or other rights.
3.1.2
No binding contract (including a process contract) or other understanding (including any form of contractual, promissory, restitutionary or other rights) for the supply of the Services will exist between the Lead Department and any Tenderer unless and until the Lead Department has signed a formal written contract as contemplated in clause 10.1 (No Legally Binding Contract) of this RFT Part A.
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3.2
3.3
3.4
Accuracy of Request for Tender 3.2.1
While all due care has been taken in connection with the preparation of this RFT, the Lead Department makes no representations or warranties that the content in this RFT or any information communicated to or provided to Tenderers during the tendering process is, or will be, accurate, current or complete. The Lead Department and its officers, employees and advisors will not be liable with respect to any information communicated or provided which is not accurate, current or complete.
3.2.2
If a Tenderer finds or reasonably believes it has found any discrepancy, ambiguity, error or inconsistency in the RFT or any other information provided by the Lead Department (other than minor clerical matters), the Tenderer must promptly notify the Lead Department in writing of such discrepancy, ambiguity, error or inconsistency to give the Lead Department an opportunity to consider what corrective action is necessary (if any).
3.2.3
Any actual discrepancy, ambiguity, error or inconsistency in the RFT or any other information provided by the Lead Department will, if possible, be corrected by the Lead Department and provided (or the proper information made available) to all Tenderers without attribution to the Tenderer that provided the notice.
Additions and amendments to Request for Tender 3.3.1
The Lead Department reserves the right to change any information in, or to issue addenda to, this RFT before the Closing Time. The Lead Department and its officers, employees and advisors will not be liable in connection with either the exercise of, or failure to exercise, this right.
3.3.2
If the Lead Department exercises its right to change information under clause 3.3.1, it may seek amended tenders from all Tenderers.
Representations 3.4.1
No representation made by or on behalf of the Lead Department in relation to this RFT (or its subject matter) will be binding on the Lead Department unless that representation is expressly incorporated into the contract(s) ultimately entered into between the Lead Department and a Tenderer.
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3.5
Confidentiality 3.5.1
The Lead Department may require persons and organisations wishing to access or obtain a copy of this RFT or certain parts of it, or any additional materials (as referred to below in clause 3.7 (Availability of Additional Materials) of this RFT Part A) to execute a deed of confidentiality (in a form required by, or satisfactory to, the Lead Department) before or after access is granted.
3.5.2
Whether or not execution of a deed of confidentiality under clause 3.5.1 is required by the Lead Department, all persons (including Tenderers) obtaining or receiving this RFT and any other information in connection with the RFT or the tendering process must: (a) keep the contents of the RFT and such other information confidential; and (b) not disclose or use that information except as required for the purpose of developing a tender in response to this RFT.
3.6
3.7
Licence to use Intellectual Property Rights 3.6.1
Persons obtaining or receiving this RFT and any other documents issued in relation to the tendering process may use the RFT and such documents only for the purpose of preparing a tender.
3.6.2
Such Intellectual Property Rights as may exist in the RFT and any other documents provided to Tenderers by or on behalf of the Lead Department in connection with the tendering process are owned by (and will remain the property of) the Lead Department except to the extent expressly provided otherwise.
Availability of additional materials 3.7.1
Additional materials (if any) may be accessed in the manner set out in item 1.5 of the Establishment Details. Tenderers should familiarise themselves with these additional materials.
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4.
4.1
Communications during the tendering process
Project manager 4.1.1
4.2
All communications relating to the RFT and the tendering process must be directed to the Project Manager. Refer to Part A, Section 1.3 for contact details.
Requests for clarification or further information 4.2.1
Any questions or requests for further information or clarification of the RFT (or any other document issued in connection with the tendering process) must be submitted to the Project Manager in writing, preferably by email. Refer to Part A, Section 1.3 for contact details.
4.2.2
Any communication by a Tenderer to the Lead Department will be effective upon receipt by the Project Manager (provided such communication is in the required format).
4.2.3
The Lead Department may restrict the period during which it will accept questions or requests for further information or for clarification and reserves the right not to respond to any question or request, irrespective of when such question or request is received. Refer to Part A, Section 1.4 for details of the end of period for questions.
4.2.4
Except where the Lead Department is of the opinion that issues raised apply only to an individual Tenderer, questions submitted and answers provided will be made available on the Tenders website to all Tenderers without identifying the person or organisation having submitted the question. In all other cases, the Lead Department may deliver any written notification or response to a Tenderer by leaving or delivering it to the address of the Tenderer (as notified to the Project Manager).
4.2.5
A Tenderer may, by notifying the Project Manager in writing, withdraw a question submitted in accordance with this clause 4.2 (Requests for Clarification or Further Information) in circumstances where the Tenderer does not wish the Lead Department to publish its response to the question on the Tenders website.
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4.3
4.4
Unauthorised communications 4.3.1
Communications (including promotional or advertising activities) with staff of the Lead Department or consultants assisting the Lead Department with the tendering process are not permitted during the tendering process except as provided in clause 4.2 (Requests for Clarification or Further Information) above, or otherwise with the prior written consent of the Project Manager. Nothing in this clause 4.3 (Unauthorised Communications) is intended to prevent communications with staff of, or consultants to, the Lead Department to the extent that such communications do not relate to this RFT or the tendering process.
4.3.2
Tenderers must not otherwise engage in any activities that may be perceived as, or that may have the effect of, influencing the outcomes of the tendering process in any way.
4.3.3
Unauthorised communications with such persons may, in the absolute discretion of the Lead Department, lead to disqualification of a Tenderer.
Improper assistance 4.4.1
4.5
Tenderers must not seek or obtain the assistance of employees, agents or contractors of the Lead Department or the State in the preparation of their tenders. In addition to any other remedies available to it under law or contract, the Lead Department may, in its absolute discretion, immediately disqualify a Tenderer that it believes has sought or obtained such assistance.
Anti-competitive conduct 4.5.1
Tenderers and their respective officers, employees, agents and advisers must not engage in any collusion, anti-competitive conduct or any other similar conduct with any other Tenderer or any other person in relation to: (a) the preparation or lodgement of their tender; (b) the evaluation and clarification of their tender; and (c) the conduct of negotiations with the Lead Department, in respect of this tendering process.
4.5.2
For the purposes of clause 4.5.1, collusion, anti-competitive conduct or any other similar conduct may include disclosure, exchange and clarification of information whether or not such information is confidential to the Lead Department or any other Tenderer or any person or organisation.
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4.5.3
4.6
In addition to any other remedies available to it under law or contract, the Lead Department may, in its absolute discretion, immediately disqualify a Tenderer that it believes has engaged in any collusive, anti-competitive conduct or any other similar conduct in respect of this tendering process.
Complaints about tendering process 4.6.1
Any complaint about the RFT or the tendering process must be submitted to the Project Manager in writing immediately upon the cause of the complaint arising or becoming known to the Tenderer. The written complaint must set out: (a) the basis for the complaint (specifying the issues involved); (b) how the subject of the complaint (and the specific issues) affect the person or organisation making the complaint; (c) any relevant background information; and (d) the outcome desired by the person or organisation making the complaint.
4.6.2
4.7
If the matter relates to the conduct of a department official, the complaint should also be brought to the attention of the Project Sponsor.
Conflict of interest 4.7.1
A Tenderer must not, and must ensure that its officers, employees, agents and advisers do not place themselves in a position that may or does give rise to actual, potential or perceived conflict of interest between the interests of the State and the Tenderer’s interests during the tendering process.
4.7.2
The Tenderer’s Response in RFT Part D requires Tenderers to provide details of any interests, relationships or clients which may or do give rise to a conflict of interest in relation to the supply of Goods or Services under any contract that may result from this RFT.
4.7.3
If the Tenderer submits its tender and a conflict of interest arises, or is likely to arise, which was not disclosed in the tender, the Tenderer must notify the Lead Department immediately in writing of that conflict.
4.7.4
The Lead Department may disqualify a Tenderer from the tendering process if the Tenderer fails to notify the Lead Department of the conflict as required.
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5.
5.1
5.2
Submission of tenders
Lodgement 5.1.1
Tenders must be lodged only by the means set out in item 1.6 of the Establishment Details of RFT Part A.
5.1.2
Where the Reference Schedule requires or permits tenders to be lodged in hard copy, packages containing the tender must be marked with the information set out in clause 1.6.1 (Hardcopy lodgement) of RFT Part A and must be placed in the tender box at the address which is set out in clause 1.6.1 (Hardcopy lodgement) of RFT Part A.
5.1.3
Where the Reference Schedule requires or permits tenders to be lodged via the Internet through the website nominated in clause 1.6.2 (Internet lodgement) of RFT Part A, Tenderers are deemed to accept the online user agreement applying to that website and must comply with the requirements set out on that website.
Late tenders 5.2.1
Tenders must be lodged by the Closing Time. The Closing Time may be extended by the Lead Department in its absolute discretion by providing written notice to Tenderers.
5.2.2
Tenders lodged after the Closing Time or lodged at a location or in a manner that is contrary to that specified in this RFT will be disqualified from the tendering process and will be ineligible for consideration. However, a late tender may be accepted where the Tenderer can clearly demonstrate (to the satisfaction of the Lead Department) that late lodgement of the tender was caused by a system interruption in case of the eTender system or that access was denied or hindered in relation to the physical tender box or that a major/critical incident hindered the delivery of their tender documents and, in either case, that the integrity of the tendering process will not be compromised by accepting a tender after the Closing Time.
5.2.3
The determination of the Lead Department as to the actual time that a tender is lodged is final. Subject to clause 5.2.2, all tenders lodged after the Closing Time will be recorded by the Lead Department and will only be opened for the purposes of identifying a business name and address of the Tenderer. The Lead Department will inform a Tenderer whose tender was lodged after the Closing Time of its ineligibility for consideration. The general operating practice is for the late tender to be returned within 5 working days of receipt/within 5 working days after determination not to accept a late tender.
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6. 6.1
Tender documents Tenderers’ responsibilities 6.1.1
Tenderers are responsible for: (a) examining this RFT and any documents referenced or attached to this RFT and any other information made available by the Lead Department to Tenderers in connection with this RFT; (b) fully informing themselves in relation to all matters arising from this RFT, including all matters regarding the Lead Department’s requirements for the provision of the Services; (c) ensuring that their tenders are accurate and complete; (d) making their own enquiries and assessing all risks regarding the RFT, and fully incorporating the impact of any known and unknown risks into their tender; and (e) ensuring that they comply with all applicable laws in regards to the tendering process (including Part 2 of the Fair Trading Act 1999).
6.2
Preparation of tenders 6.2.1
Tenderers must ensure that: (a) their tender is presented in the required format as set out in RFT Part D; and (b) all the information fields in RFT Part D are completed and contain the information requested.
NOTE TO TENDERERS: (i)
The Lead Department may in its absolute discretion reject a tender that does not include the information requested or is not in the format required.
6.2.2
If the Lead Department elects to shortlist any Tenderers, those shortlisted Tenderers may be required to provide the information requested in Parts E as well as VIPP requirements of this RFT. Tenderers may wish to prepare Parts E and VIPP in order to ensure that they can respond to a request by the Lead Department within the applicable timeframes, but should not submit those Parts unless and until required to do so by the Lead Department.
6.2.3
Unnecessarily elaborate responses or other presentations beyond what is sufficient to present a complete and effective proposal are not desired or required. Elaborate artwork and expensive visual and other presentation aids are not necessary.
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6.2.4
6.3
6.4
Illegible content, alteration and erasures 6.3.1
Incomplete tenders may be disqualified or evaluated solely on the information contained in the tender.
6.3.2
The Lead Department may disregard any content in a tender that is illegible and will be under no obligation whatsoever to seek clarification from the Tenderer.
6.3.3
The Lead Department may permit a Tenderer to correct an unintentional error in their tender where that error becomes known or apparent after the Closing Time, but in no event will any correction be permitted if the Lead Department reasonably considers that the correction would materially alter the substance of the Tenderer’s Response.
Obligation to notify errors 6.4.1
6.5
Word limits where specified should be observed and the Lead Department reserves the right to disregard any parts of the tender that significantly exceed the specified word limit.
If, after a Tenderer’s Response has been submitted, the Tenderer becomes aware of an error in the Tenderer’s Response (including an error in pricing, but excluding clerical errors which would have no bearing on the evaluation of the tender), the Tenderer must promptly notify the Lead Department of such error.
Responsibility for tendering costs 6.5.1
The Tenderer’s participation or involvement in any stage of the tendering process is at the Tenderer’s sole risk, cost and expense. The Lead Department will not be responsible for, nor pay for, any expense or loss that may be incurred by Tenderers in relation to the preparation or lodgement of their tenders.
6.5.2
In addition to clauses 3.1.1 and 3.1.2, the Lead Department is not liable to the Tenderer for any costs on the basis of any contractual, promissory or restitutionary grounds whatsoever as a consequence of any matter relating to the Tenderer’s participation in the tendering process, including without limitation, instances where: (a) the Tenderer is not engaged to perform under any contract; or (b) the Lead Department exercises any right under this RFT or at law.
6.6
Disclosure of tender contents and tender information
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6.6.1
Tenders will be treated as confidential by the Lead Department. The State will not disclose tender contents and tender information, except: (a) as required by law (including, for the avoidance of doubt, as required under the Freedom of Information Act 1982 (Vic) (FOI Act)); (b) for the purpose of investigations by the Australian Competition and Consumer Commission or other government authorities having relevant jurisdiction; (c) to external consultants and advisers of the Lead Department engaged to assist with the tendering process; or (d) general information from Tenderers required to be disclosed by government policy.
6.7
Use of tenders 6.7.1
Upon submission in accordance with the requirements of clause 5 (Submission of tenders) of RFT Part A and clause 1.7 of the Establishment Details of RFT Part A, all tenders become the property of the Lead Department. Tenderers will retain all ownership rights in any intellectual property contained in the tender. The submission of a tender does not transfer to the Lead Department any ownership interest in the Tenderer’s intellectual property rights, or give the Lead Department any rights in relation to the tender, expect as expressly set out below.
6.7.2
Each Tenderer, by submission of their tender, is deemed to have licensed the Lead Department to reproduce the whole, or any portion, of their tender for the purposes of enabling the Lead Department to evaluate the tender.
6.7.3
Further, in submitting a tender, the Tenderer accepts that the Lead Department may, in accordance with the requirements of applicable Victorian Government policy, publish (on the internet or otherwise): (a) the name of the successful or recommended Tenderer(s); (b) the value of the successful tender; and (c) the Tenderer’s name together with the provisions of the contract generally.
6.8
Period of validity 6.8.1
6.9
All tenders must remain valid and open for acceptance for a minimum of 180 days from the Closing Time. This period may be extended by mutual agreement between the Lead Department and the Tenderer.
Status of tender
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6.9.1
Each tender constitutes an irrevocable offer by the Tenderer to the Lead Department to provide the Services required under, and otherwise to satisfy the requirements of, the Specification (RFT Part B of this RFT) on the terms and conditions of the Proposed Contract (subject to the Statement of Compliance contained in RFT Part D of this RFT).
6.9.2
A tender must not be conditional on: (a) board approval of the Tenderer or any related body corporate of the Tenderer being obtained; (b) the Tenderer conducting due diligence or any other form of enquiry or investigation; (c) the Tenderer (or any other party) obtaining any regulatory approval or consent; (d) the Tenderer obtaining the consent or approval of any third party; or (e) the Tenderer stating that it wishes to discuss or negotiate any commercial terms of the contract.
7. 7.1
6.9.3
The Lead Department may, in its absolute discretion, disregard any tender that is, or is stated to be, subject to any one or more of the conditions detailed above (or any other conditions).
6.9.4
The Lead Department reserves the right to accept a tender in part or in whole or to negotiate with a Tenderer in accordance with clause 8.4 (Unreasonable disadvantage) of RFT Part A.
Compliance with specification and proposed contract Compliance with specification 7.1.1
Under RFT Part D of this RFT, a Tenderer must submit a tabulated statement showing, in order of the relevant clauses, its level of compliance with the Specification contained in RFT Part B of this RFT.
7.1.2
In particular, Tenderers must state if they comply with the Specification, will not comply with the Specification, or will only comply with the Specification subject to conditions. Full details of the non-compliance (including the nature and extent of the non-compliance and any reasons for such non-compliance) must be stated in the space provided in the tabulated statement contained in section 3 (Compliance with the Specification) of RFT Part D.
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The Lead Department is prepared to contemplate minor variations or departures from the Specifications proposed by Tenderers. However, Tenderers should note that significant or substantive variations or departures from the Specifications will not be viewed favourably unless the Tenderer is able to demonstrate to the satisfaction of the Lead Department the necessity for such variations or departures.
NOTE TO TENDERERS: (i)
7.1.4
The Lead Department will assume that a Tenderer’s Response complies in all relevant respects with the Specification unless the Tenderer states otherwise. Failure to notify the Lead Department of any non-compliance may result in a Tenderer’s Response being disregarded.
For the purposes of this clause 7.1: (a) Complies means that in all respects the Tenderer’s Response meets or otherwise satisfies all specified outputs, characteristics or standards. (b) Will comply subject to conditions means that the specified outputs, characteristic or performance standard can only be met by the Tenderer subject to certain conditions. (c) Will not comply means that the specified outputs, characteristic or performance standard is not met by the Tenderer’s Response.
7.2
Compliance with the proposed contract 7.2.1
Under Part D of this RFT, a Tenderer must also submit a tabulated statement, with numbering corresponding to the relevant clauses, detailing its level of compliance with the Proposed Contract contained in Part C of this RFT.
7.2.2
In particular, Tenderers must state if they will not comply with the Proposed Contract, or will only comply with the Proposed Contract subject to conditions. Full details of the non-compliance (including the nature and extent of the non-compliance and any reasons for such non-compliance) must be stated in the space provided in the tabulated statement contained in section 12 (Compliance with the proposed contract) of RFT Part D, together with any proposed amendments that would render the contractual provision acceptable to the Tenderer. No response is required in respect of a particular clause of the Proposed Contract where Tenderers will comply with the Proposed Contract. Only clauses that Tenderers will not comply with, or will only comply with subject to co nditions should be noted in the tabulated statement.
7.2.3
The Lead Department is prepared to contemplate minor variations or departures from the Proposed Contract proposed by Tenderers. However, Tenderers should note that significant or substantive variations or departures will not be viewed favourably unless the Tenderer is able to demonstrate the necessity for such variations or departures.
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NOTE TO TENDERERS: (i)
7.2.4
The Lead Department will assume that a Tenderer is able to and will in fact comply in all relevant respects with the Proposed Contract unless the Tenderer expressly states otherwise. Failure to notify the Lead Department of any non-compliance may result in a Tenderer’s Response being disregarded.
For the purposes of this clause 7.2: (a) Complies means that the Tenderer accepts the contractual provision in every respect (including the wording of the provision). (b) Will comply subject to conditions means that the Tenderer will comply with the relevant contractual provision subject to certain specified conditions. (c) Will not comply means that the Tenderer does not accept the contractual provision.
7.3
7.4
General 7.3.1
Indefinite responses such as “noted”, “to be discussed” or “to be negotiated” are not acceptable.
7.3.2
Where the Tenderer is unwilling to accept a specified condition, the non-acceptance must be clearly and expressly stated. Prominence must be given to the statement detailing the non-acceptance. It is not sufficient that the statement appear only as part of an attachment to the tender, or be included in a general statement of the Tenderer’s usual operating conditions.
7.3.3
An incomplete tender may be disqualified or assessed solely on the information received with the tender.
Alternative tender 7.4.1
A Tenderer may submit an alternative proposal. An alternative proposal will only be accepted if: (a) the Tenderer also provides a conforming Tenderer’s Response; and (b) the alternative proposal is clearly identified as an “Alternative Tender”.
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Commercial-in-Confidence 7.4.2
An Alternative tender may: (a) not comply with the Specifications for the relevant Services due to inherent design or capability in the operation of the Services; or (b) provide the Services in a manner different to that specified in RFT Part B.
7.4.3
Tenderers are encouraged to offer options or solutions which may, in an innovative way, contribute to the Lead Department’s ability to carry out its business in a more cost-effective manner. These may be related to: (a) the outputs, functional, performance and technical aspects of the requirement; (b) minimisation of environmental impact; (c) opportunities for more advantageous commercial arrangements.
8. 8.1
7.4.4
Any such options or solutions will be considered by the Lead Department on a “commercial in confidence” basis if so requested by the Tenderer.
7.4.5
Where a Tenderer submits an offer which meets the requirements of the RFT in an alternative and practical manner, the tender must also include any supplementary material (including such pricing and costing details as may be necessary to enable the Lead Department to fully assess the financial impact of the alternative proposal), which demonstrates in detail that such an alternative will fully achieve and/or exceed all the specified requirements, together with references as to why the additional features may be advantageous.
7.4.6
The Lead Department reserves the right to consider such offers on their merits or not to consider them at all.
Contract disclosure requirements Freedom of information 8.1.1
The Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific freedom of information principles (including a public interest test) will apply. However, if by agreement certain clauses are excised from public contracts, the Government cannot pre-empt the workings of the FOI Act or constrain the Auditor General's powers to secure and publish documents as he or she sees fit.
8.1.2
The Conditions of Tendering include a provision for the disclosure of contract information (refer clause 6.7 (Use of tender) in RFT Part A).
8.1.3
The provisions of the Proposed Contract in regard to confidentiality and disclosure should also be noted.
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8.2
8.1.4
This provision is consistent with the Government's presumption of the full disclosure of contracts. Any non-disclosure of contract provisions must be justified by the successful Tenderer by applying the principles for exemption under the provisions of the FOI Act. Section 34(1) of the FOI Act provides that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the FOI Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage.
8.1.5
If a Tenderer wishes to withhold the disclosure of specific contract information, the Tenderer must clearly outline how the release of this information will expose trade secrets or expose the business unreasonably to disadvantage.
Environmental claims The Lead Department wishes to be informed of any claims made by Tenderers about the benefit, including environment benefits, of the Services that are offered by them. The environmental benefits of the Services being offered and/or the environmental benefits in their sourcing, production and manufacture should be brought to the attention of the Lead Department.
8.3
Trade secrets 8.3.1
In considering whether specific information should be categorised as a trade secret, Tenderers should assess: (a) the extent to which it is known outside of the Tenderer’s business; (b) the extent to which it is known by the persons engaged in the Tenderer’s business; (c) any measures taken to guard its secrecy; (d) its value to the Tenderer’s business and to any competitors; (e) the amount of money and effort invested in developing the information; and (f)
the ease or difficulty this information.
with
which others
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8.4
Unreasonable disadvantage 8.4.1
In determining whether disclosure of specific information will expose a Tenderer’s business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act . Broadly, you should consider: (a) whether the information is generally available to competitors; and (b) whether it could be disclosed without causing substantial harm to the competitive position of the business.
8.4.2
9. 9.1
The Lead Department will consider these applications in the tender evaluation and negotiations with Tenderers.
Evaluation of tenders Evaluation process 9.1.1
Following the Closing Time, the Lead Department intends to evaluate the tenders received. Tenders will be evaluated against the Evaluation Criteria specified in clause 9.2 (Evaluation Criteria Format) of RFT Part A.
9.1.2
Without limiting the Lead Department’s rights in the RFT, the Lead Department may at any time during the tendering process choose to: (a) shortlist one or more Tenderers; (b) commence or continue discussions with all or some Tenderers without shortlisting any Tenderers; or (c) accept one or more of the tenders.
9.1.3
Unless the Evaluation Criteria explicitly require, the Lead Department may, but is not in any way bound to, shortlist, to select as successful, or to accept the tender offering the lowest price.
9.1.4
Should the Lead Department choose to include a shortlisting stage in its evaluation process, the Lead Department is not, at any time, required to notify Tenderers or any other person or organisation interested in submitting a tender.
9.1.5
A Tenderer’s Response will not be deemed to be unsuccessful until such time as the Tenderer is formally notified of that fact by the Lead Department. The commencement of negotiations by the Lead Department with one or more other Tenderers is not to be taken as an indication that any particular Tenderer’s Response has not been successful.
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9.2
Evaluation criteria format 9.2.1
The evaluation criteria has been weighted to reflect the importance of project requirements noted in RFT Part B of the Specifications.
9.2.2
In evaluating Tenderer’s Responses, the Lead Department will have regard to: (a) specific evaluation criteria identified in the list below; (b) the overall value for money proposition presented in the Tenderer’s Response; and (c) particular weighting assigned to any or all of the criteria specified in the table below.
9.2.3
For the purposes of clause 9.2.2, “value for money” is a measurement of financial and non financial factors, including: (a) quality levels; (b) performance standards; and (c) environmental benefits/impacts.
9.2.4
Value for money will be assessed on a ‘whole of life’ basis (including the transitioning-in, the contract term and the transitioning-out phases of the relationship between the Lead Department and a Tenderer), with a view to long-term sustainability of the value for money proposition and with a focus on ensuring that value for money outcomes are promoted and protected following the conclusion of any contract that may result from this RFT.
Evaluation Criteria
Description
(a)
Not scored/weighted This is used for background and clarification purposes.
Executive Summary
(b) 1. Commitment to Master Vendor Sourcing model Full compliance with this requirement is mandatory. Non compliance will result in a Tender being disregarded and removed from further consideration.
Mandatory Requirement/Criteria The Tenderer must provide all information required in response to Section 2 of Part D. The Tenderer must comply with the requirement outlined in Section 2.3 of Part B. “Master Vendors must be able to demonstrate the ability and willingness to work in partnership with Tier 2 Suppliers under this supply model.”
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Description the capability to act as a Master Vendor.
(c)
Professional competence
Weighted criteria
Compliance with Specifications
This is evaluated based on compliance with the specifications requirements. Any variations or departures from the specifications proposed by Tenderers may be considered in terms of the degree of risk they may entail.
Capability
This is evaluated on the basis of the capability demonstrated to meet Victorian Government’s requirements for Staffing Services.
Past Performance and Current Work
This provides confirmation of the Tenderer’s capability and is evaluated accordingly.
Quality and OH&S systems for deliverables
This is evaluated based on the completeness of the quality and OH&S measures adopted by the Tenderer.
Customer Service and Account Management
This is evaluated based on the customer service related activities.
Strategic
This is evaluated on the basis of strategic fit of the Tenderer with the objectives of this contract.
Innovation and State of Technology
This is evaluated based on the benefits the proposed innovations may provide and the Tenderer’s organisation state of technology.
Commercial
Assessed but not scored/weighted
(d)
Financial Viability
Financial viability minimum standards must be met but no weighting for relative financial strength is used. The Lead Department, at its discretion, may remove a tenderer assessed as not financially viable from further consideration or seek further clarification to reduce the level of risk to an acceptable level.
Risk and Insurance
Minimum insurance standards must be met.
Compliance with Proposed Contract
Assessed but not scored or weighted. Any variations or departures from the contract proposed by Tenderer may be considered in terms of the degree of commercial and legal risk they may entail.
Conflict of Interest
For any conflicts of interest these are either judged as being
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Commercial-in-Confidence Evaluation Criteria (e)
Description acceptably managed or not.
Financial Costings
The assessment is based on Value for Money principles.
(f)
Environmental Commitments
Weighted Criteria This criteria covers among others Environmental Policy and Environmental Management Systems of the Tenderer.
(g)
Ethical Purchasing Policy
Assessed but not scored/weighted Primary criteria for short-listed suppliers.
Breaches of industrial instruments and industrial relations legislation Breaches of occupational health and safety legislation Remedial measures to rectify breaches Number of current proceedings or prosecutions (h)
9.3
9.4
Victorian Industry Participation Policy
Assessed but not scored/weighted Primary criteria for short-listed suppliers.
Clarification of tender 9.3.1
The Lead Department may seek clarification from and enter into discussions with any or all of the Tenderers in relation to their tender. The Lead Department may use such information in interpreting the tender and evaluating the cost and risk to the Lead Departing of accepting the tender. Failure to supply clarification to the satisfaction of the Lead Department may render the tender liable to disqualification.
9.3.2
The Lead Department is under no obligation to seek clarification of anything in a tender and the Lead Department reserves the right to disregard any clarification that the Lead Department considers to be unsolicited or otherwise impermissible in accordance with the rules s et out in this RFT Part A.
Discussion with Tenderers 9.4.1
The Lead Department may elect to engage in detailed discussions with any one or more Tenderers, with a view to maximising the benefits of the RFT as measured against the evaluation criteria set out in clause 9.2 and fully understanding a Tenderer’s offer, including risk allocation.
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9.4.2
As part of this process, the Lead Department may request such Tenderer(s) to improve one or more aspects of their tender, including any technical, financial, corporate or legal components.
9.4.3
In its absolute discretion, the Lead Department may invite some or all Tenderers to give a presentation to the Lead Department in relation to their submissions, including (where the RFT relates in whole or in part to Goods), a demonstration of the Goods.
9.4.4
The Lead Department is under no obligation to undertake discussions with, or to invite any presentations from, Tenderers.
9.4.5
In addition to presentations and discussions, the Lead Department may request some or all Tenderers to: (a) conduct a site visit; (b) provide references or additional information; and/or (c) make themselves available for panel interviews.
9.5
Best and final offers 9.5.1
Tenderers or, where the tendering process involves a short-listing process, shortlisted Tenderers, may be invited by the Lead Department to submit a best and final offer in relation to all or certain aspects of their respective tenders.
9.5.2
The Lead Department is under no obligation to give Tenderers the opportunity to submit a best and final offer. If the Lead Department chooses to give Tenderers the opportunity to submit a best and final offer, it is under no obligation to give notification before the Closing Time that such opportunity will be given.
9.5.3
Notwithstanding the possibility that the Lead Department may give Tenderers the opportunity to submit a best and final offer, Tenderers should be aware that the Lead Department will, in conducting its evaluation of tenders, rely on all information (including all representations) contained in such tenders. Tenderers are therefore encouraged to submit their best and final offers in the first instance.
9.5.4
Any one or more Tenderers may be required to submit an executed contract based on the tender as part of their best and final offer. Unless and until the Lead Department executes such contract, submission of a contract capable of acceptance by the Lead Department does not and will not be taken to give rise to a binding contract (express or implied) between a Tenderer and the Lead Department.
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10. 10.1
Successful tenders No legally binding contract 10.1.1
10.2
10.3
11.
Selection as a successful Tenderer does not give rise to a contract (express or implied) between the successful Tenderer and the Lead Department for the supply of the Services. No legal relationship will exist between the Lead Department and a successful Tenderer for the supply of the Services until such time as a binding contract is executed by them.
Pre-contractual negotiations 10.2.1
The Lead Department may, in its absolute discretion, decide not to enter into precontractual negotiations with a successful Tenderer.
10.2.2
A Tenderer is bound by its tender (including the Statement of Compliance to the Proposed Contract forming part of the Tenderer’s Response) and, if selected as a successful Tenderer, must enter into a contract on the basis of the tender without negotiation.
No obligation to enter into contract 10.3.1
The Lead Department is under no obligation to appoint a successful Tenderer or Tenderers (as the case may be), or to enter into a contract with a successful Tenderer or any other person, if it is unable to identify a tender that complies in all relevant respects with the requirements of the Lead Department, or if to do so would otherwise not be in the public interest. For the avoidance of any doubt, in these circumstances the Lead Department will be free to proceed via any alternative process.
10.3.2
The Lead Department may conduct a debriefing session for all Tenderers (successful and unsuccessful). Attendance at such debriefing session is optional.
Ethical Purchasing Policy 11.1.1
The Victorian Government's Ethical Purchasing Policy (EPP) applies to tendering processes and contracts for the purchase of goods and services valued at or above $100,000 (including the establishment of State Purchase Contracts) which commenced on or were entered into after 1 January 2004. The policy will also be applied to purchases under $100,000 for goods and services in industries which are considered by the Lead Department to be high risk, such as textiles, clothing and footwear, cleaning and security services. Further information about the Ethical Purchasing Policy is detailed in RFT Part E of this RFT and on the Procurement Portal at www.procurement.vic.gov.au.
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12. 12.1
11.1.2
It is a condition of all tendering processes to which the EPP applies that all shortlisted Tenderers will be required to complete an Ethical Employment Statement (RFT Part E) in the timeframe specified by the Lead Department. Tenderers should not submit an Ethical Employment Statement (as set out in RFT Part E of this RFT) unless and until requested to do so by the Lead Department.
11.1.3
A Tenderer who does not submit an Ethical Employment Statement when required to do so by the Lead Department will be disqualified from the tendering process.
11.1.4
Once a Tenderer is offered a contract to which the EPP applies, it must continue to satisfy the ethical employment standard during the period of the contract. Contract conditions will allow a department to request further ethical employment statements from the Tenderer. The contract will also permit the termination of a contract if a Tenderer does not satisfy its disclosure obligations or maintain the ethical employment standard during the term of the contract.
Victorian Industry Participation Policy Victorian Industry Participation Policy Plan 12.1.1
The Victorian Industry Participation Policy (VIPP) seeks to maximise opportunities for Australian, New Zealand and Victorian suppliers to compete for government business on the basis of best value for money over the life of the goods or services. The VIPP applies to Government procurement activities, construction activities, Major Projects, Major Events, Public Private Partnerships and investment support, business development and community infrastructure grants above the threshold values of $3 million or more in Metropolitan Melbourne and $1 million or more in Regional Victoria. All shortlisted Tenderers, when advised by the Lead Department that they have been shortlisted, must prepare a VIPP Plan that will require the following information:
Key VIPP Criteria
Description
Local Value-added Activity
Specify the level of Victorian, Australian and New Zealand value-added activity, expressed as a percentage of the overall bid price.
Employment created or retained
Provide details of employment opportunities that will be created or retained in Australia and New Zealand as a result of the contract.
Training, Skills Development and Technology Transfer
Identify the opportunities for increasing the training and skills development of Victorians, Australians and New Zealanders and any technology transfer that will result from innovation, research and development of technology for the contract.
Implementation Process
Provide details of the methods and processes to be adopted in achieving, monitoring and reporting the local content, employment and skills/technology transfer outcomes estimated above.
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Commercial-in-Confidence Delivery against the above commitments is to be documented and will be considered in the evaluation process.
12.1.2
VIPP Plans prepared by short-listed Tenderers must be certified by the Industry Capability Network (ICN). Please see below for contact details of the ICN and details of the support services available: (a) Tenderers are advised that the services of the ICN will be available to assist them in implementing the VIPP. (b) ICN provides free services to assist bidders in identifying and developing the above information, including during the tendering process. It is mandatory for short-listed bidders to obtain certification from the ICN for their VIPP Plan, to demonstrate that a genuine attempt to consider local suppliers has been made. (d) Bidders/tenderers can contact the ICN - (03) 9866 6155; or Department of Innovation, Industry and Regional Development (DIIRD) - (03) 9651 9451. (e) Further information and templates are available on the Department of Innovation, Industry and Regional Development (DIIRD) website http://www.dbi.vic.gov.au/tenders/victorian-industry-participation-policy.
NOTE TO TENDERERS: (i)
13.
While Tenderers should not submit a VIPP Plan unless and until requested to do so by the Lead Department they are encouraged to engage with the ICN early in the tender preparation process to ensure no undue delays in preparing a VIPP Plan should they be requested to do so.
12.1.3
A Tenderer’s VIPP Plan will be considered a primary selection criterion as part of the tender evaluation process. If, after evaluation of all criteria, including VIPP commitments, two or more Tenderers are rated equally by the evaluation panel, VIPP shall be used as a tiebreaker with the preferred Tenderer being the one demonstrating superior VIPP commitments. Any post tender reduction in a Tenderer’s VIPP Plan commitments will require further ICN assessment and certification.
12.1.4
The contents of a successful Tenderer’s VIPP Plan should be included in the agreement to be entered into between that Tenderer and the Lead Department. Further, the Tenderer’s VIPP information should be recorded centrally for ICN certification of the VIPP outcomes reported. Such information will be made available to departments and agencies of the Victorian Government to be used in assessing other tender proposals for VIPP purposes.
Additional Rules 13.1.1
Any rules governing the RFT or the tendering process in addition to those set out in this RFT Part A, are set out in clause 1.7 (where applicable) Additional Rules of RFT Part A.
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14.
Tenderer Warranties 14.1.1
By submitting a tender, a Tenderer warrants that: (a) in lodging its tender it did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of the Lead Department, its officers, employees, agents or advisers other than any statement, warranty or representation expressly contained in the RFT; (b) it did not use the improper assistance of Lead Department employees or information unlawfully obtained from the Lead Department in compiling its tender; (c) it is responsible for all costs and expenses related to the preparation and lodgement of its tender, any subsequent negotiation, and any future process connected with or relating to the tendering process; (d) it otherwise accepts and will comply with the rules set out in this RFT Part A; and (e) it will provide additional information in a timely manner as requested by the Lead Department to clarify any matters contained in the tender.
15.
Lead Department’s Rights 15.1.1
Notwithstanding anything else in this RFT, and without limiting its rights at law or otherwise, the Lead Department reserves the right, in its absolute discretion at any time, to: (a) cease to proceed with, or suspend the tendering process prior to the execution of a formal written contract; (b) alter the structure and/or the timing of the RFT or the tendering process; (c) vary or extend any time or date specified in this RFT for all or any Tenderers or other persons; (d) terminate the participation of any Tenderer or any other person in the tendering process; (e) require additional information or clarification from any Tenderer or any other person or provide additional information or clarification; (f)
negotiate with any one or more Tenderers and allow any Tenderer to alter its tender;
(g) call for new tenders; (h) reject any tender received after the Closing Time; (i)
reject any tender that does not comply with the requirements of this RFT; or
(j)
consider and accept or reject any alternative tender.
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Commercial-in-Confidence
16.
17. 17.1
Governing law 16.1.1
This RFT and the tendering process is governed by the laws applying in the State of Victoria.
16.1.2
Each Tenderer must comply with all relevant laws in preparing and lodging its tender and in taking part in the tendering process.
Interpretation Definitions 17.1.1
In this Request for tender, unless a contrary intention is apparent:
Business Day means a day which is not a Saturday, Sunday or public holiday (being a public holiday appointed as such under the Public Holidays Act 1993 (Vic)) in Melbourne. Closing Time means the time specified as such in clause 1.4 (Indicative Timetable) of RFT Part A by which tenders must be received. Evaluation Criteria means the criteria set out in clause 9.2 (Evaluation Criteria Format) of RFT Part A. Goods means the goods or other products required by the Lead Department, as specified in RFT Part B of this RFT. Independent Contractor means an on-hire worker who is the subject of Staffing Services Contract and is an independent contractor to the Master Vendor/Tier 2 Supplier. Intellectual Property Rights includes copyright and neighbouring rights, and all proprietary rights in relation to inventions (including patents) registered and unregistered trademarks (including service marks), registered designs, confidential information (including trade secrets and know how) and circuit layouts, and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. IT Staffing Services means the services required by the Lead Department, as specified in RFT Part B of this RFT relating to Information Technology staffing (including IT Specialist and Senior roles). Lead Department means the government department or agency (as specified in clause 1.1 (Lead Department) of RFT Part A) responsible for the tendering process. Master Vendor means a prime contractor who manages the delivery of the Services using their own capability together with that of approved Tier 2 Suppliers sub contracted to the Master Vendor. Modern Award means a modern award under the Fair Work Act 2009 (Cth). National Employment Standards has the meaning given to that term in the Fair Work Act 2009 (Cth).
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Commercial-in-Confidence National Minimum Wage means the national minimum wage under the Fair Work Act 2009 (Cth). Non-IT Staffing Services means the services required by the Lead Department, as specified in RFT Part B of this RFT relating to Administration staffing (including Senior roles) plus Specialist & Professional staffing (including Senior roles). On-Hire Worker means a worker who is either employed by or is an independent contractor to the Master Vendor or Tier 2 Supplier and who is the subject of Staffing Services Contract. Project Manager means the person so designated in clause 1.3 (Project Manager and Project Sponsor) of RFT Part A. Project Sponsor means the person so designated in clause 1.3 (Project Manager and Project Sponsor) of RFT Part A. Proposed Contract means the agreement and any other terms and conditions contained in or referred to in RFT Part C of this RFT. Reference Schedule means the schedule so designated forming part of RFT Part A of this RFT. Request For Tender (or RFT) means this document (comprising each of the parts identified in clause 2 Rules governing this RFT and the tendering process of this RFT Part A) and any other documents so designated by the Lead Department. Services means the services required by the Lead Department, as specified in RFT Part B of this RFT. Specification means any specification or description of the Lead Department’s requirements contained in RFT Part B of this RFT. State means the Crown in right of the State of Victoria. Statement of Compliance means the statement forming part of a tender indicating the Tenderer’s compliance with the Specification and the Proposed Contract. Term Contract means a Staffing Services Contract under which the on-hire worker will work for a maximum period stipulated in the Staffing Services Contract. Tender means a document lodged by a Tenderer in response to this RFT containing an offer to provide Services in accordance with the Specification. Tenderer means a person or organisation that submits a tender. Tendering Process means the process commenced by the issuing of this Request for Tender and concluding upon formal announcement by the Lead Department of the selection of a successful Tenderer(s) or upon the earlier termination of the process. Tenders Website means the website administered by the Victorian Department of Treasury and Finance located at universal resource locator (URL) www.tenders.vic.gov.au. Tier 2 Supplier means any recruitment service provider other than the Master Vendor that the Master Vendor engages to provide Staffing Services.
17.2
Interpretation 17.2.1
In this RFT, unless expressly provided otherwise: (a) a reference to: (i)
“includes” or “including” means includes or including without limitation; and
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Commercial-in-Confidence (ii)
“$” or “dollars” is a reference to the lawful currency of the Commonwealth of Australia; and
(b) if a word or phrase is defined its other grammatical forms have corresponding meanings.
17.3
Inconsistency 17.3.1
If there is any inconsistency between any part of this RFT, a descending order of precedence must be accorded to: (a) the conditions of tendering in Part A of this RFT and any annexes or attachments; (b) the Tenderer’s response in Part D of this RFT; (c) the Proposed Contract in Part C of this RFT; (d) any other part of this RFT, so that the provision in the higher ranked document, to the extent of the inconsistency, prevails.
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Commercial-in-Confidence
RFT PART B – SPECIFICATION
Department of Treasury and Finance
Request for Tender (RFT) Request for Tender (RFT) for:
Staffing Services
Reference Number:
SS-11-2010
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1. 1.1
General INTRODUCTION
In 2009-10 financial year the total expenditure under the current IT and Administrative Staffing Services SPC was approximately $255 million, with 46% of total spend attributed to the administrative job category and 54% attributed to the IT job family. There were approximately 15 500 total engagements/transactions (new appointments and assignment extensions ranging from daily to annual and longer term) with more than 95% being on-hire engagements/transactions. The existing SPC is due to expire on 30 June 2011. The Lead Department is seeking responses to its Request for Tender (RFT) for the provision of on-hire and permanent staffing services (as required) and other unbundled recruitment services across the following categories: (a) Non-IT Staffing Services covering: Administration (including Senior roles) and Specialist & Professional (including Senior roles) (b) IT Staffing Services covering: Information Technology (including IT Specialist and Senior roles).
Tenderers may submit responses to either one or both of the categories of Services identified in paragraphs (a) and (b) above. The Lead Department is expecting to appoint a small panel of Master Vendors to provide the delivery of the Services using their own capability and that of approved Tier 2 Suppliers with a minimum requirement of two suppliers per each of the two categories to minimise risk to business continuity. The Lead Department makes no guarantee as to work volumes or turnover under any contract that may be entered into with the Lead Department in relation to the provision of the Services. The Lead Department’s specific requirements in relation to the Services are set out in Part B of this RFT (Specification). All consultancy services are specifically excluded from the scope of this Specification and the Proposed Contract. Tenderers should respond to the requirements in the Specification and to the additional questions in Part D of the RFT (Tenderer’s Response) including associated responses required in spreadsheet form (Refer to the Document provided: “Response Workbook Attachment 2”). The information contained in this Specification is provided to assist Tenderers but may not constitute a complete specification of requirements. Job roles will become more specific during the course of the contr act. The details of the approximate expenditure under the existing SPC for 2009-10 is provided for information only and does not constitute a representation or warranty by the Lead Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence Department in relation to the level or likely level of current or future expenditure on staffing s ervices, which expenditure is and will remain entirely at the discretion of the State. Tenderers are expected to be familiar with all existing Victorian Government Purchasing Board (VGPB) policies, which should be read in conjunction with this Specification. Relevant policies can be accessed on the VGPB website at http://www.procurement.vic.gov.au.
1.2
OBJECTIVES
The objectives of the Lead Department in issuing this RFT are to: ensure consistent and timely supply of suitably qualified and high quality on-hire workers and permanent personnel; deliver the best possible and most broad candidate access and availability to meet the needs of Victorian Government; minimise the cost of recruiting personnel and ensure that on-hire workers and permanent personnel are provided on the value for money terms; encourage participation of both large, SME and regional organisations to access government business through Master Vendor affiliation; ensure that the service providers comply in all respects with applicable Victorian public service standards embodied in Victorian Government policy and applicable legislation including the Public Administration Act 2004 (Vic) in the screening, selection, employment and provision of candidates put forward for temporary and permanent positions with Victorian Government departments and agencies; and access quality reporting and tracking of financial and transactional data.
1.3
PROPOSED CONTRACT PERIOD
The proposed contract term for the provision of the Services contemplated by this RFT is three (3) years, with two (2) one year options to extend (to be exercised in the manner provided in the Proposed Contract). The expected commencement date of the contract is 1 July 2011.
2.
Statement of Requirements
2.1
Relevant legislative requirements
2.1.1
The Lead Department seeks to engage with ethical employers who perform their obligations and comply with all Laws and with the lawful requirements, industrial instruments, legislation or policies applicable to the provision of Services outlined in this Specification.
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Commercial-in-Confidence Applicable industrial instrument means an award or enterprise agreement that specifically applies to the employees of the Master Vendor and is binding on the Master Vendor. Award means any award of Fair Work Australia. Enterprise Agreement means any enterprise agreement recognised under the Fair Work Act 2009. Applicable Legislation means: (a) Public Administration Act 2004 (Vic); (b) The Equal Opportunity Act 1995 (Vic); (c) The Equal Opportunity Act 2010 (Vic) (comes into effect on 1 August 2011); (d) Disability Discrimination Act 1992 (Fed); (e) Dangerous Services Act 1985 (Vic); (f) Equipment (Public Safety) Act 1994 (Vic); (g) Occupational Health and Safety Act 2004 (Vic); (h) Long Service Leave Act 1992 (Vic); (i) Fair Work Act 2009 (Cth); (j) Affirmative Action (Equal Opportunity for Women) Act 1999 (Cth); (k) Outworkers (Improved Protection) Act 2003 (Vic); and (l) any other legislation designated by the Victorian Government as Appli cable Legislation under the Ethical Purchasing Policy from time to time.
2.1.2
The Public Administration Act 2004 (Vic) (Public Administration Act), which governs public sector employment in Victoria, establishes guidelines by which employment decisions must be made. As Master Vendors will be integral in making employment decisions (in terms of the personnel put forward for temporary or permanent placements in performing the Services), they will need to abide by these criteria in all respects. A summary of the relevant criteria is set out below. Under section 20(3) of the Public Administration Act, decisions regarding employment must be made in conformity with: (a)
the public sector values;
(b)
any binding code of conduct;
(c)
the public sector employment principles;
(d)
standards issued by the Public Sector Standards Commissioner; and
(e)
any other relevant provisions of the Public Administration Act or any regulations made under it.
In summary, these various guidelines will require that Master Vendors demonstrate that their processes ensure that: (a)
employment decisions are based on merit;
(b)
equal employment opportunity is provided; and
(c)
public sector values are adhered to.
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Commercial-in-Confidence Making decisions based on merit means choosing people for the right reasons. This means that the applicant who best meets the requirements of the role must be selected (in terms of their skills, knowledge, experience, past performance, personal qualities and demonstrated good conduct appropriate to public sector employment and potential for further development in the relevant department or agency). In order to find this person, the Tenderer’s selection processes must support genuine contestability and identify and objectively compare all relevant information about each applicant.
2.1.3
The Equal Opportunity Act 1995 (Vic) makes it illegal to discriminate on the basis of any of the following: age, breastfeeding, carer status, disability / impairment, gender identity, industrial activity, lawful sexual activity, marital status, parental status, physical features, political belief or activity, pregnancy, race, religious belief or activity, sex, sexual orientation or personal association with some who has, or is assumed to have, one of these personal characteristics. It is expected that Master Vendors will comply with this obligation both in respect of applicants for public sector positions and in the treatment of own staff.
Equal employment opportunity means that each applicant must be given a fair go. The aim of each Master Vendor must be to promote a workforce that is representative of the diversity of the community. This can be achieved by making decisions regarding employment that are not tainted by extraneous considerations (listed above).
2.1.4
The Disability Discrimination Act 1992 (Fed). The State expects Tenderers to demonstrate commitment to and proven success in providing improved employment opportunities for people with a disability. Tenderers must demonstrate an in-depth understanding of the Disability Discrim ination Act. This includes comprehension of inherent requirements of the job and reasonable adjustment in the workplace and for interview and testing. When making any decision regarding recruitment, Master Vendors will also need to ensure that such decision is made in conformity with stated public sector values, namely: (a)
responsiveness: timeliness, quality, promotion of best practice;
(b)
integrity: honesty, responsibility and trustworthiness;
(c)
impartiality: fairness and objectivity;
(d)
accountability: transparency and efficiency;
(e)
respect: ensuring freedom from harassment and discrimination; and
(f)
leadership: active implementation of all the above values.
In addition to adhering to the requirements of the Public Administration Act 2004 (Vic), The Equal Opportunity Act 1995 (Vic) and The Disability Discrimination Act 1992 (Fed) it is expected that all other current State and Federal employment and human rights related legislations and regulations will be complied with. Tenderers must know and understand all their obligations as an employer under the Fair Work Act and have processes in place that ensure work rights are protected. Tenderers must be able to demonstrate that they have sound processes and practices that will ensure compliance for the proposed duration of the contract. Tenderers must also be able to demonstrate their ability as a Master Vendor to evaluate, monitor and audit compliance to the same level within their Tier 2 Suppliers. Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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2.1.5
Modern Awards and other industrial instruments A Modern Award means a modern award under the Fair Work Act 2009 (Cth). Master Vendors and Tier 2 Suppliers will be expected to pay their employees in accordance with applicable Modern Award or industrial award or agreement and the National Employment Standards. If a Modern Award is not applicable, the Master Vendor and all Tier 2 Suppliers must ensure that their employees have the full benefit of the National Minimum Wage and the National Employment Standards.
2.1.6
Provision of Fair Work Australia (FWA) and Australian Industrial Relations Commission (AIRC) information
To allow the Purchaser to assess compliance with industrial instruments applicable to onhire employees, Master Vendors will be required to identify all Modern Awards, Enterprise Agreements and Workplace Agreements which cover the work of the on-hire employees whilst on assignment to the Purchaser, including the relevant identification number issued by FWA or the AIRC. The identification number must be the number that is issued by FWA or the AIRC that will allow the Purchaser to obtain a copy of the instrument. Master Vendors must provide this information when requested to do so by a Purchaser or the Lead Department and to include Name of Award or Agreement, Employee Classifications Covered and FWA or AIRC Identification Number.
2.1.7
Occupational Health and Safety (OH&S)
Tenderers must have a robust and compliant OH&S practices. These practices at a minimum should ensure that all on-hire employees are adequately OH&S inducted prior to placement, site assessments are conducted at all user department and agency locations and any incidents and injuries are reported and properly managed.
2.1.8
Recruitment Consulting Services Association (RCSA)
The Lead Department requires Tenderers to demonstrate commitment to the RCSA Code of Professional Conduct. (Refer http://www.rcsa.com.au/employers/76).
2.2
Security checks The Lead Department requires Master Vendors to advise prospective applicants that National Police Checks, including fingerprinting, will apply and are required to be taken out by the Master Vendors for placements within Victoria Police and other nominated government departments or agencies as required. In addition National Security Clearance may be required to be undertaken on prospective applicants, where applicable the relevant government entity will request the Master Vendor to advise applicants accordingly.
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Commercial-in-Confidence The Lead Department requires Master Vendors to assist the relevant government entities to facilitate such checks as required. The cost of such checks will be borne by the relevant government entity.
2.3
Master Vendor demonstrated capabilities The Lead Department’s required sourcing model is to contract with a small number of prime contractors i.e. Master Vendors who manage the delivery of the Services using their own capability and that of approved sub-contractors i.e. Tier 2 Suppliers. The Lead Department would like to encourage participation of small and medium size enterprises (SMEs) and envisages increasing participation opportunities through the engagement of Tier 2 Suppliers under this supply model. Tier 2 Suppliers should be selected and partnered based on their capability and ability to strengthen and enhance the candidate category coverage of the Master Vendor. Master Vendors must be able to demonstrate the ability and willingness to work in partnership with Tier 2 Suppliers under this supply model. Utilisation and engagement of sub-contracted Tier 2 Suppliers, is a requirement of the Lead Department. The Lead Department reserves the right to withhold its consent to a proposed Tier 2 Supplier in its discretion. Tenderers must be able to demonstrate that it has substantial links within the industry to allow for circumstances where a proposed Tier 2 Supplier may not be acceptable to the Lead Department. Master Vendors must ensure that each Tier 2 Supplier engaged meets all relevant legislative and quality standards specified by the Lead Department. Master Vendors will remain primarily responsible to the Lead Department for all Services provided to the Victorian Government (irrespective of whether the Master Vendor or a Tier 2 Supplier actually performs those Services). Master Vendors will be responsible for the provision of accounting and invoicing information for any Tier 2 Supplier engagement, along with any performance reporting, spend data, customer support and all other obligations attached to the Master Vendor, as if the Services had been provided by the Master Vendor.
2.4
Compliance with Specification
Tenderers are required to have suitable expertise to meet the specification requirements. Tenderers who are engaged by the Lead Department to provide the Services will be required to provide (or procure the provision of) suitably qualified candidates to meet the staffing requirements of departments and agencies accessing the arrangement under the resulting SPC. A summary of the indicative job roles within Service categories that will be required by the Lead Department is set out in Appendix 1 to this Part B. This summary is provided as a guide only, is not intended to be comprehensive and the job roles may vary. Tenderers must therefore demonstrate a strong capacity to meet the Lead Department’s requirements in terms of quality and availability of personnel.
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Commercial-in-Confidence
2.5
Capability and infrastructure requirements
2.5.1
Overview of capability requirements
The Lead Department requires Master Vendors to be able to provide adequate staffing numbers to meet the requirements of each department and agency that may request the Services under the Proposed Contract. Tenderers are required to have a core of professional staff members with the necessary skills and expertise to service the needs of the departments and agencies in accordance with the requirements of the Proposed Contract. Tenderers will be expected to provide a brief curriculum vitae for key members of staff being proposed for the work including details of experience and skills. Under the Proposed Contract, Master Vendors are required to warrant that their employees and agents are competent and have all necessary skills, training and qualifications to perform the Services; and acknowledge that the Lead Department is relying on the professional skills and judgement of Master Vendors in the performance of the Services. Tenderers should be able to demonstrate a high capability to provide suitably qualified high quality candidates through their sub-contracted arrangements with Tier 2 Suppliers. Details of proposed Tier 2 Suppliers to be engaged in connection with the provision of the Services are to be provided in Part D. The specific expertise and ability to enhance the Tenderers candidate supply across their tendered categories by Tier 2 Suppliers is to be defined. Tenderers must operate from, or have access to, disability accessible premises/venues and demonstrate a capability to deliver reasonable adjustments required for interviewing and testing disability candidates. While the majority of the recruitment needs will be in metropolitan Melbourne, the departments and agencies have numerous offices throughout the State of Victoria. Tenderers therefore should be able to demonstrate that they can supply to regional locations. Access to a database of regionally based candidates, and/or candidates prepared to relocate to regional areas will be well regarded. At a minimum, Tenderers must demonstrate that they have proven remote/distance recruitment methodologies and/or relationships with regional providers for sub-contracted services. Tenderers will be expected to provide details of any on-line systems that can provide ecommerce solutions relevant to the provision of the Services. Tenderers are required to have specialist expertise in each category of service for which they are tendering (Administration and Specialist & Professional and/or IT) and to provide : (a)
a full range of on-hire staffing services;
(b)
a required volume of suitable quality on-hire workers;
(c)
a full range of permanent recruitment services;
(d)
a required volume of suitable quality permanent personnel;
(e)
a full range of recruitment related services including unbundled recruitment services such as (but not limited to) advertising copy, screening, short-listing, testing, reference checks, coordinating interviews, etc. (the actual requirements for each vacancy will depend on the internal resources and capability of the department or agency at the time the requirements occur);
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2.5.2
(f)
a commitment to use the Government Advertising - Master Agency Media Services (MAMS), a mandatory requirement when advertising using Victorian Government branding on behalf of the State; and
(g)
a core of office personnel who will be available within the Master Vendors’s organisations with the skills to manage the service requirements.
Operational Requirements
Master Vendors will be required to provide high quality candidates suitable to the needs of the departments and agencies. It is especially important that thorough reference and character checking of all candidates is performed and that the entire process of selecting and appointing (for both on-hire and permanent staff) be supported by recruitment and selection processes that meet industry standards and comply in all respects with the requirements of the Public Administration Act and associated Victorian Government policy and regulations (as described in the Relevant legislative requirements section of the RFT). Master Vendors will be required, among other things, to: (a)
receive jobs/orders documenting tasks and position descriptions from departmental or agency line managers utilising the ‘Staffing Services Order’ form;
(b)
confirm job/order receipt by forwarding the completed ‘Staffing Services Order’ form to the department or agency line managers and maintaining this on file for audit purposes;
(c)
undertake database search and sourcing activities based on the requirements identified in this Specification;
(d)
screen and interview potential candidates, which will include reference checking and skills and competency assessment (including psychometric testing, police checks and other assessment as required);
(e)
check candidate proof of identity, residency and Visa status (including Visa type and expiry) to validate permission to work in Australia and confirm details with departments and agencies at candidate presentation;
(f)
conduct candidate briefing with accurate portrayal of each department’s culture and specific site requirements where the position is required;
(g)
confirm candidate representation permission prior to presentation for the role, following appropriate screening, interview and assessment;
(h)
conduct candidate presentation by providing a candidate summary and profile including residency and Visa status and expiry, results of assessment tools (if used). Coordinate interviews and facilitate discussions on remuneration and finalise terms and conditions of the placement;
(i)
provide candidate expectations including salary (including superannuation) and/or hourly rate, notice period at current employer (if any), any planned holidays and any special needs;
(j)
send regret letters and provide feedback to unsuccessful candidates;
(k)
act as a recruitment partner of each department and agency in negotiating remuneration and making an offer to successful candidates;
(l)
for “non-standard” roles, scope a detailed approach and costs for the exercise;
(m)
be able to provide an effective Executive Search service where required;
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Commercial-in-Confidence (n) (o)
educate department and agency staff (if and when required) on the Master Vendor’s systems and processes for electronic billing and time sheeting; put streamlined mechanisms in place to engage MAMS;
(p) confirm on-hire worker capability and commitment to complete the on-hire assignment as per the requirements of the requesting department or agency; and (q) ensure that all incoming candidates sign prescribed Confidentiality Agreement supplied by Purchaser.
In addition, Master Vendors will be expected to meet any additional, specific requirements of particular departments or agencies relating to selection, recruitment and employment of staff.
2.5.3
Payment Terms / Invoicing
Master Vendors will be responsible for all billing/ invoicing for supply of Services to Victorian Government either directly or via a sub-contracted Tier 2 Supplier. Payment of on-hire workers is either the responsibility of the Master Vendor or the Tier 2 Supplier, depending on the individual contract relationship between the Master Vendor and the sub-contractor. Except as expressly agreed to the contrary (for example, in circumstances where a particular job position is difficult to fill), all accounts in relation to the provision of the Services are to be provided: (a)
in the case of permanent placements, on or by the commencement date of the relevant candidate; and
(b)
in the case of temporary placements, weekly and no later than the Friday of the week after on-hire worker payment in respect of the Services performed in the immediately preceding week (Monday to Sunday).
Payment terms are 30 days from date of invoice. In addition to the breakdown of the components of the fees payable (as set out in the Pricing Schedule Attachment of Part D), invoices are to incorporate details of the personnel placed indicating the invoice period and a brief description of the specific Services to which the invoice relates, and are to be in accordance with the reporting requirements under the GST Act. Where the personnel placed (permanent or on-hire) is placed and/or paid by the Master Vendor’s sub-contractor, the identity of the Tier 2 Supplier must also be detailed on the invoice.
2.5.4
Performance Measures and Targets / KPIs
The Lead Department will require Master Vendors to perform the Services at all times with due diligence and care in a cost effective, conscientious, expeditious and professional manner. The performance needs to be at a level that meets the needs of the State and consciously minimises any risk the State may potentially be exposed to. Master Vendors will be required to participate in regular reviews of their performance by the Lead Department. The following table sets out performance measures and targets in relation to the provision of the Services. Tenderers are required to indicate the level of compliance against these proposed performance measures and targets and also, where appropriate, provide additional Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence performance measures for the consideration of the Lead Department, as well as a sample of reports currently provided to clients.
No
Service Element
Key Performance Indicator
Proposed Target
Proposed Measure
1
Accuracy of invoicing
The Master Vendor shall submit accurate invoices (including services provided by Tier 2 Suppliers) that reflect contracted rates, provision of an accurate order number, department name, name of employee and hours worked (if hours are applicable)
99% accuracy
Measured by number of invoices not correctly billed as captured by either party and by audit results conducted by individual departments or agencies
2
Timeliness of response
The Master Vendor shall submit to each requester following a request for candidate:
90% compliance
Measured by statistics submitted by Master Vendor in the quarterly report to the Lead Department’s Category Manager and feedback provided by Purchasers
a) an acknowledgement of the requirement within 24 hours; and b) a quotation within agreed period 3
Staff retention
Personnel nominated by the Master Vendor and appointed by the Purchaser having the required skills, capability and cultural fit to perform the requirements of the job role and have a commitment to remain in the role for the required time frame
95% compliance
Measured by Master Vendor reports identifying the number of successful candidates and a measure of those requested to leave by the Purchaser prior to contract expiry
4
Provision of suitable candidates
The Master Vendor shall minimise off-contract purchase through provision of suitable candidates and fulfilment of all departmental and agency personnel needs through the Master Vendor directly or through utilisation of Tier 2 Suppliers
95% compliance
Measured by statistics submitted by Master Vendor in the quarterly report to the Lead Department’s Category Manager and feedback provided by Purchasers
5
Resolution of issues and complaints
The Master Vendor shall respond to issues and complaints within 24 hours and achieve full resolution with the Purchaser within mutually agreed timeframes
95% compliance
Measured by Master Vendor report in relation to the issues log and resolution action and results of customer satisfaction survey conducted by Master Vendor
6
Introduction of process initiatives
The Master Vendor to suggest a minimum of two (2) initiatives to enhance the SPC
100% compliance
Measured by Master Vendor quarterly reporting
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Commercial-in-Confidence No
Service Element
Key Performance Indicator
Proposed Target
Proposed Measure
7
Fill rates
The Master Vendor shall record and report on fill rates, i.e. how many roles were requested to be filled and how many were actually successfully filled
100% compliance
Measured by data submitted to Lead Department’s Category Manager within 21 days of the end of each quarter
8
Provision of reporting in an approved template to Lead Department’s Category Manager (and/or departmental representative where required)
The Master Vendor will be required to report spend separately by:
100% compliance within 21 days of the end of each quarter
Measured by the date of receipt of quarterly reporting by the Lead Department’s Category Manager. All data shall exclude GST
Provision of dedicated Account Manager to report to the Lead Department’s Category Manager
individual department and total; inner government departments and outer government agencies; a break down of spend, separating amount paid to candidate, actual spend with the Master Vendor (margin) and value of statutory charges/taxes; and information on the total number of permanent and on-hire staff engagements together with assignment duration and other details provided on quarterly or as required basis. As a minimum, the Master Vendor shall provide the Lead Department with the following high level standard reporting on a quarterly and year to date basis: department spend; summary of transaction volumes (ins/outs/extensions); KPI reporting; continuous improvement reporting including value adds, process improvements, tracking of SPC benefits and demand management; high level issues log; major activities for the quarter; reporting information that may be requested
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Commercial-in-Confidence No
Service Element
Key Performance Indicator for the purpose of ministerial requests or Freedom of Information requests or for other government purposes;
Proposed Target
Proposed Measure
spend and percentage of share attributed to subcontracted Tier 2 Suppliers; and departmental reports (for on-hire and permanent engagements) listing department name, name of recruit, category/position title, name of line manager, expiry date, total hourly rate including all oncosts per recruit or fee (ex GST) a list of on-hire workers engaged for a period of over three (3) years (continuous service basis)
2.5.5
On-line Systems
Master Vendors will be expected to have on-line capability that is user-friendly and secure. On-line systems should include but not be limited to: On-line ordering; On-line invoicing; and On-line timesheets The Lead Department may require Master Vendors to have the capability and flexibility to potentially integrate or interface with the Victorian Governments e-Recruitment or other government software for automated ordering, invoicing and reporting as required.
2.5.6
Reporting
The Lead Department will require the performance reporting against the performance standards to be the onus of the Master Vendors. Therefore, Tenderers should be able to demonstrate existing management information reporting systems or processes sufficient to support the reporting requirements. Reporting structures, systems, and processes should be robust, with the level of information and frequency able to be customised to meet the Lead Department’s and user departments and agencies needs throughout the term of any contract that may be entered into. Successful Tenders must have the ability to provide individual additional reporting to user departments and agencies should these be required. Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence Reporting may include but not be limited to: (a)
quarterly reporting on KPIs and volume/spend data (both itemised and aggregated) according to the performance metrics table in the Performance measures and Targets/KPI section of the RFT;
(b)
customer feedback (inclusive of candidate quality) by way of surveys, with the results to be sent directly to the Category Manager in a collated format as agreed from time to time. Analysis of the customer feedback will be undertaken by the Lead Department in conjunction with Master Vendors;
(c)
spend analysis and trends for different job categories on a quarterly basis;
(d)
information on the total number of permanent and on-hire staff engagements together with assignment duration details provided on quarterly or as required basis; and
(e)
reporting will be broken down by department/agency and line manager so that reports can be provided for whole of government and/or by department/agency or line manager.
On-line reporting capability will be highly regarded.
The Lead Department will consult with Master Vendors to finalise reporting prior to contract commencement. The proposed reporting requirements may change from time to time. Master Vendors will be expected to comply with such changes as required.
2.5.7
Audit of Performance
The Lead Department will require Master Vendors to agree to an open book audit for the respective staff placed or otherwise engaged between the departments or agencies and Master Vendors. The individual departments or agencies will provide reasonable notice of any proposed audit in accordance with the requirements contained in the Proposed Contract. The degree of audit may range from headline audits to crosschecking of such headline audits with individual pay-slips.
2.5.8
General Rate Card (Market) Information
Master Vendors may be required to provide general (non-contract) rates card information. This will be used by the Lead Department to assist in the calculation of cost savings achieved by Victorian Government against contracted rates. Where demonstrated prior savings are reduced, Purchaser reserves the right to commence pricing negotiations with the Master Vendor.
2.5.9
On- Hire Worker Transition
Master Vendors are required to comply with and provide support to the Lead Department for the transition of on-hire worker at commencement (Transition-in) and completion (Transitionout) of the Proposed Contract.
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Commercial-in-Confidence Transition- in Rules
During the Transition-in period Master Vendors: will not be permitted to approach or otherwise communicate, with on-hire workers supplied by the out-going suppliers (existing personnel), without first obtaining the written approval of the Lead Department; will be required to communicate and co-operate with the out-going suppliers to facilitate the smooth transition of the staffing services; and will be required to register and consider, according to their normal selection criteria for government placements, any application for employment by any workers (including existing personnel). Any employment or other engagement between the Master Vendors and such workers must not commence before the commencement date of the Proposed Contract.
Transition- out Rules
Master Vendors will be required, during the Transition-out period, to continue to provide the staffing services in accordance with the Proposed Contract. Master Vendors will be required, not later than the first day of the Transition-out period, to:
2.6
notify all on-hire workers that the Master Vendor will not be providing staffing services to the Lead Department after the Proposed Contract expires;
notify all on-hire workers that they may be approached by incoming suppliers in relation to employment opportunities;
notify all on-hire workers that if they accept any offer of employment or other arrangement from an incoming supplier, the Master Vendors will agree to terminate the employment or other arrangements that they have with those on-hire workers as from the expiry date and will pay them their full termination entitlements without any penalty;
generally, provide all such transitional assistance as may be reasonably necessary or requested by the Lead Department to facilitate the smooth transition of the staffing services or any relevant information, knowledge, systems or assets from the Master Vendors to the Lead Department (or the incoming supplier)) to enable the Lead Department to continue to obtain the benefit of such information, knowledge, systems or assets for the business purposes of the Lead Department, following the termination or expiry of the Proposed Contract.
Past Performance Past performance is an effective indicator of future performance. Tenderers are therefore asked to detail previous work related to the requirements detailed in the Specification. Tenderers will be asked to briefly detail all public sector experience in the past three years as it relates to the requirements detailed in this Specification. Tenderers will also be asked to demonstrate their experience and proven track record of supply as it relates to their chosen tendered categories detailed in this Specification in either or both public or private sector.
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Commercial-in-Confidence Tenderers must demonstrate experience in liaising with a diverse range of job seekers (race, ethnicity, gender, age, sexual orientation, social economic status, education and disability) and have a history of success in placing people with disabilities and achieving diversity. In-depth references will be sought from current or past clients of the Tenderer. Master Vendors are required to provide:
2.7
(a)
a track record of outstanding account and contract management, to be confirmed with referees;
(b)
a history of excellent customer service, to be confirmed with referees; and
(c)
a proven ability and wiliness to work in partnership with Tier 2 Suppliers as part of the supply model, to be confirmed with referees.
Quality and OH&S Systems
The Lead Department wishes to identify Tenderers who are able to demonstrate a commitment to quality assurance and occupational health and safety. The minimum requirement is for Tenderers to have a Customer Service Plan in place (e.g. documents setting out the specific quality and OH&S practices, sequence of activities and resources) relevant to the provision of the Services. This is addressed under Customer Service and Account Management section 2.8 of this Part B.
2.7.1
Quality Management System
Internationally recognised quality system standards (e.g. AS/NZS ISO 9000 Series, ISO 9001: 2008) are the preferred quality assurance for the State; and/or industry developed systems/standards for assuring quality; membership of an acceptable Victorian or Australian professional association for personnel consultants. Where a Tenderer does not meet the preferred quality assurance requirements, the Lead Department reserves the right to short-list that Tenderer:
2.7.2
(a)
if they represent best value for money; and/or
(b)
on the basis that the Lead Department seeks a written commitment from that Tenderer to reach and implement an appropriate quality requirement within an agreed timeframe.
OH&S Management System
A nationally recognised OH&S system, and/or a fully documented OH&S Management System is required. Tenderers must have a demonstrated commitment to OH&S with documented policies and procedures relating to on-hire worker and Purchaser sites including the following: On-hire worker OH&S induction and training; On-hire worker assignment briefing and management; Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence Purchaser OH&S site assessment and risk/hazard identification; and Injury reporting and management.
2.8
Customer Service and Account Management Tenderers must nominate an Account/Relationship Manager in their RFT response. The role of the Account/Relationship Manager is to be the conduit between the relevant Master Vendor and the Category Manager on all pertinent issues relating to servic e and contract delivery throughout the term of any contract that may be entered into. The provision of an account management strategy that delivers consistent and high level of service is required to ensure the staffing needs of the Victorian Government are met. Master Vendors must offer a comprehensive solution for each staffing category/s that they are engaged to provide. Provision of customer service and account management must be formalised in a Customer Service Plan and Account Management Structure to be provided by Tenderers and should detail their commitment to and capacity for: (a)
support of the Lead Department’s requirement to achieve participation of small and medium enterprises (SMEs) in the overall supplier model through their active engagement and partnership with Tier 2 Suppliers;
(b)
any benchmarking procedures utilised by the Master Vendor to measure service, quality, price and delivery;
(c)
provision of adequate support and response mechanisms to respond to general queries regarding the operation of the panel;
(d)
rapid response to requisitions/requests for on-hire workers and permanent recruitment and fulfilment of the requisitions in accordance with the specified KPIs;
(e)
provision of advice regarding the availability and type of personnel requested;
(f)
confirmation of job specification and appropriate assessment of personnel for the position sought;
(g)
a central contact point for coordination, planning, placement, payroll, accounting and billing services;
(h)
implementation of improvement initiatives as identified by feedback reports;
(i)
a description of the continuous improvement mechanisms utilised to ensure provision of best value and quality for the customer throughout the life of the contract;
(j)
provision of information on regional recruitment procedures;
(k)
assistance with the hand over process with out-going suppliers, including the provision of interim service and support to ensure a smooth hand over period;
(l)
confirmation of the ability to commence full operation at the start of the contract, identifying the tasks and timetable in an implementation plan;
(m)
the commitment to provide other relevant services as agreed between the parties;
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Commercial-in-Confidence
2.9
(n)
provision of candidate care and communication activities including assignment and placement servicing; and
(o)
comprehensive, streamlined reporting as required by the Lead Department, in accordance with the contract KPIs and timing.
Strategic The Lead Department wishes to engage Tenderers with a demonstrated capability or potential to provide the Services with a strategic approach or management. Strategic management encompasses continuous review and implementation of improvement opportunities and, within a Master Vendor’s organisation, a broad-based level of awareness of ongoing issues (so that departments and agencies receive a seamless delivery of service at all levels).
2.10
Innovation The Lead Department encourages innovative solutions to improve the manner in which the Services are provided. This may encompass new models of engagement, improved business processes, and/or adoption of sustainable value-for-money enhancements. Tenderers should provide details of all value adding opportunities (such as training of personnel, priority placement, etc.), special benefits and other opportunities, which they believe could be introduced and maintained throughout the life of the contract.
2.11
Financial viability
The Lead Department seeks to engage with ethical employers with financially sound businesses. Master Vendors must be able to demonstrate that they are financially viable and have the capacity to remain so for the proposed duration of the contract. Tenderers are also required to have sufficient funding to meet the financial obligations of the staff employed at the request of the Lead Department. The Lead Department reserves the right to conduct financial appraisals of Tenderers, and in the case of Tenderers who comprise partnerships or consortia, their constituent or parent entities.
2.12
Pricing The pricing is to be provided as per the Pricing Schedule of Part D.
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Commercial-in-Confidence
2.13
Risk management and business continuity planning As part of strategic management, the Lead Department expects Master Vendors to have a demonstrable level of strategic appreciation of the risk factors surrounding their business and a demonstrable level of preparedness to provide ongoing recruitment services in the event of a major business interruption. The Lead Department therefore expects Tenderers to have adequate levels of risk management and business continuity planning.
2.14
Compliance with proposed contract Compliance with Proposed Contract is an important requirement and will be assessed accordingly. The Lead Department has a strong preference for full compliance with Proposed Contract.
2.15
Environmental Sustainability All goods and services have some impact on the environment through their production and provision or from their interface with the environment. Minimising the environmental impacts of these processes and quantifying the results are key Government priorities. In keeping with these objectives the Lead Department is seeking information from Tenderers in their response to Part D of this RFT as to any programs or initiatives they have in place relating to environmental initiatives.
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Commercial-in-Confidence
Part B – Appendix 1 - indicative job roles Non-IT Staffing Services Administration Job Titles Accountant (Financial, Systems, Cost, Management) Accounts Payable Officer Accounts Receivable Officer Accounts/Finance Administrator/Officer/Assistant/Specialist Asset/Cash Management Officer Call/Contact Centre Operator Clerical/Administrative Support Client Liaison Officer Communications Advisor/Officer Communications Manager Communications Officer Community Investment/Community Engagement Officer Compliance/Risk Manager/Officer Data Entry Operator Health and Welfare Services Staff, including Occupational Health and Safety personnel Human Resources/Recruitment Advisor/Coordinator/Officer/Manager Legal Support Marketing Coordinator/Manager Office Manager Payroll Officer Personal Assistant/Executive Support Receptionist Records and document management personnel Records Management Officer Secretary/Personal Assistant Training Manager Word Processing/Office System Operator Specialist/Professional Job Titles Architect/Planner Auditor/Audit Manager Business Analyst Business Development Manager Community Engagement Coordinator Community Engagement Manager Community Investment Officer Compliance/Risk Specialist (including Probity/Due Diligence) Economist Emergency Manager (including Security) Engineer (Design, Infrastructure, Civil, Project, etc) Executive Level Professional Personnel (e.g. Senior Executive, Director, Chairperson) Facilities Coordinator Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence Food Strategy Coordinator Heritage Specialist International Export Coordinator Legal Professionals Organisational Change Manager Planner (Statutory, Strategic, Environmental) Policy Advisor Policy Officer Product Lifecycle Coordinator Project/Program Manager/Consultant/Director Project/Program Manager Purchasing/Procurement/Contracts Specialist/Manager Regional Manager/Regional Office Project Coordinator Scientist (General and Specialists) Strategy and Planning/Research Manager Technical Writer Urban Designer and Developer Workplace Support Service Analyst IT Staffing Services IT Job Titles Analyst Programmer Architect (Application/Integration) Business Analyst (Technical Business Analyst) Change and Configuration Co-ordinator Converged Communications Planner CRM Development Functional Consultant Data Migration Analyst/Manager Database Administrator Design and Requirements Manager - ICCMS Desktop Integration Programmer Desktop Services Analyst Desktop/Mobility Specialist Directory Services Specialist Domino Administrator Enterprise Services Business (ESB) Specialist GIS Administrator/Officer Hosting Coordinator/SME ICT Application Hosting Manager ICT Project Manager ICT Strategy & Architecture Manager ICT Technical Team Leader IDAM Architect/Developer Information Security Risk Analyst Information Systems Manager Infrastructure Delivery Manager Ingres Analyst Programmer Integration Manager Intranet Manager IT Cost Accountant Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence IT Project Co-ordinator, Roster & Attendance IT Project Manager, Application Projects ITIL&ITSM Organisation Specialist J2EE Developer LDAP Specialist Lotus Notes Support Analyst Manager, ICTI Operations Manager, PMO Master Controller MS.Net Developer Network Engineer Network Planner Network Technical Support Specialist Novell Engineer Oracle Database Administrator Oracle Financials Specialist Oracle Warehouse Developer PeopleSoft CRM Architect PeopleSoft CRM Developer PeopleSoft Developer Principal Developer, CRM Support Principal Developer Project Analyst Project Coordinator/Scheduler Project Manager, GIPS Project Manager, IM&T Project Manager, IT Applications Project Manager, Service Agreement Management System Project Manager, Web Information Architecture Project Officer, PMO Remote Support Team Leader Reporting Analyst Programmer Rosetta Administrator Security Analyst/Architect Senior Applications Analyst Senior Developer, eDevelopment Senior Developer/eSupport Senior Technical Project Manager Senior Transition Project Manager Service Centre Analyst Service Separation Specialist Siebel Developer SME-IDAM SME-Services Manager Solutions Designer/Architect SQL Server Reporting Services Developer SQL-Server Developer Storage Back-up Engineer Strategic Planner Systems Administrator Systems Analyst Team Leader, Web Content Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence Team Manager Technical Architect - Single Sign-on Technical Project Manager Technical Service Delivery Consultant Technical Support Manager Test Analyst/Functional Test Analyst/Manager Tester Testing Coordinator, ICAMC TIBCO Developer Training Developer Web Administrator Web Application Administrator/Analyst Web Content System Administrator Web Developer Web Taxonomy Analyst Windows Engineer
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Commercial-in-Confidence
RFT PART C – PROPOSED CONTRACT Refer to the Document provided: “Staffing Services – Proposed Contract” Attachment 1.
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Commercial-in-Confidence
RFT PART D – TENDERER’S RESPONSE Tender document
In the case of electronic lodgement of this RFT, Tenderers must provide an electronic copy of the Tenderer’s Response in Microsoft Office Word 2003 format, submitted in accordance with the Conditions of Tender.
All responses must be provided within the specified boxes and must respond to the Specification (Part B) and Proposed Contract (Part C) in accordance with the Conditions of Tendering (Part A).
Do not include graphics or data in responses. Where necessary, any graphics or data should be placed at the end of the documents and referred to in the response.
Word limits are provided as guidance for Tenderers and should only be exceeded if there is an essential need to do so.
All documents must be virus checked by the Tenderer before lodgement.
The Tenderer is also required to submit the Excel spreadsheet with all worksheets completed. (Refer to the Document provided: “Response Workbook - Attachment 2”)
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Commercial-in-Confidence
Department of Treasury and Finance Request for Tender (RFT) Request for Tender (RFT) for:
Staffing Services
Reference Number:
SS-11-2010
I/we accept the provisions contained in the Conditions of Tendering Name
[Click here to enter text.]
Title
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Signature of Tenderer’s Authorised Officer Date
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Tenderer’s information Name of Tenderer
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Address of registered office
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Place of registration
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Australian Company Number (or equivalent)
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Australian Business Number (or equivalent)
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Principal office in Victoria (if any)
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Telephone
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Email
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Name and title of Tenderer’s authorised agent
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Category tendering for:
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Non-IT Staffing Services covering Administration plus Specialist & Professional (including Senior roles) (YES/NO) Category tendering for:
[Enter YES or NO]
IT Staffing Services covering Information Technology (including IT Specialist and Senior roles) (YES/NO) Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence
1.
Executive Summary
Provide a brief executive summary providing an overview of the tender (include brief company history).
Note: Tenderers should not include information on pricing in this summary. Pricing information must only be provided in schedule 14 of Part D and in the Worksheet provided. (Refer to the Document provided: “Response Workbook - Attachment 2”) [Click to enter text - MAX 250 words]
2.
Master Vendor Capability
2.1 Organisational and operational structure 2.1 (a). In the worksheet (named "LOCATIONS") (Refer to the Document provided: “Response Workbook - Attachment 2”) the following details are to be provided for each office of your organisation: Supply Category or Specialisation Office Address Suburb/Town Post Code Date opened Total Staff number at this office Total number of Recruitment Staff Number of IT Specialist Recruitment Staff (if applicable) Total number of On-hire Staff placed in the last financial year Number of IT Specialist on-hire staff placed in the last financial year (if applicable) Total number of permanent staff placed in the last financial year Number of IT Specialist permanent staff placed in the last financial year (if applicable)
2.1 (b). In the worksheet (named "LOCATIONS") the following details are to be provided for each proposed sub-contractor/Tier 2 Supplier and for each of their locations: Company Name Australian Company Number/Australian Business Number Supply Category or Specialisation Office Address Suburb/Town Post Code Date opened Total Staff number at this office Total number of Recruitment Staff Number of IT Specialist Recruitment Staff (if applicable) Total number of On-hire Staff placed in the last financial year Number of IT Specialist On-hire staff placed in the last financial year (if applicable) Total number of permanent staff placed in the last financial year Number of IT Specialist permanent staff placed in the last financial year (if applicable) Relationship Status 2.2 Master Vendor Model and Tier 2 Supplier engagement 2.2 (a). Provide details of your experience acting as a Master Vendor (or in a similar capacity e.g. acting as a lead or managing agency and working in partnership with other suppliers) including details of previous and existing customer contracts. [Click to enter text - MAX 250 words]
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Commercial-in-Confidence 2.2 (b).Provide details of existing relationships and working partnerships, with other staffing service providers that demonstrate your capability to manage Tier 2 Suppliers under the Lead Department’s Master Vendor model. [Click to enter text - MAX 250 words] 2.2 (c).Provide details of the systems and processes that will be used to deliver the Services under the Lead Department’s Master Vendor model utilising Tier 2 Suppliers. [Click to enter text - MAX 250 words] 2.2 (d). Provide details of how you will work in partnership and manage relationships with your Tier 2 Suppliers to ensure their participation and utilisation in the delivery of quality Services to Victorian Government. Provide details of how you will ensure that all staff (Master Vendor and Tier 2 Suppliers) involved in providing Services to Victorian Government have read and understood the Victorian public service employment policies, conditions and relevant legislation including the Public Administration Act 2004(Vic). [Click to enter text - MAX 250 words]
3.
Compliance with the Specification
If a Tenderer will not fully comply with any requirement specified in Part B (Specification) of this RFT they must provide a tabulated statement showing clearly, and in order of the relevant sections what their level of compliance with is with that requirement. Refer section 7.1, Part A (Conditions of Tender) for further instructions.
Note: A response is required in respect each particular section of the Specification regardless of whether a Tenderer complies, will comply subject to conditions or will not comply with that section in full. NOTE TO TENDERERS:
NOTE TO TENDERERS:
The cells in this column need to state one of the following:
Where the statement in column 2 is “Complies”, Tenderers should state in column 3 (where applicable), the reasons why they comply and provide references to any relevant information in the Tenderer’s Response that demonstrates or supports their compliance.
Complies, Will comply subject to conditions; or Will not comply.
Where the statement in column 2 is “Will comply subject to conditions”, Tenderers should state in column 3 the applicable conditions and the reason why those conditions are applicable. Where the statement in column 2 is “Will not comply” Tenderers should state in column 3 the reasons for such non-compliance. In both cases, the nature and extent of non-compliance must be clearly stated.
Specification Reference No.
Compliance Statement
Explanation/Comment
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1.3 Proposed Contract Period
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2.1 Relevant legislative
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1.1 Introduction 1.2 Objectives
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Commercial-in-Confidence requirements 2.2 Security checks
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2.5.2 Operational Requirements
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2.5.3 Payment Terms/Invoicing
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2.6 Past Performance
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2.7 Quality & OH&S Systems
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2.7.1 Quality Management System
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2.3 Master Vendor demonstrated capabilities 2.4 Compliance with Specification 2.5 Capability and infrastructure requirements 2.5.1 Overview of capability requirements
2.5.4 Performance Measures and Targets/KPIs 2.5.5 On-line Systems 2.5.6 Reporting 2.5.7 Audit of Performance 2.5.8 General Rate Card (Market) Information 2.5.9 On-Hire Worker Transition
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Commercial-in-Confidence 2.7.2 OH&S Management System
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2.8 Customer Service and Account Management
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2.9 Strategic
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2.10 Innovation
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2.11 Financial Liability
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2.12 Pricing
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2.13 Risk management and business continuity planning
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2.14 Compliance with proposed contract
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2.15 Environmental Sustainability
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Alternative tender Where a Tenderer also submits an Alternative tender, it must include any supplementary material, together with associated prices, which demonstrates in detail that such an alternative will fully achieve and/or exceed all the specified outputs or functional and performance requirements together with references as to why the additional features may be advantageous. The details should be cross referenced to the appropriate clause number in the Specification. [Click to enter text - MAX 250 words]
4.
Capability
4.1 Knowledge and industry experience Provide details of your organisation’s knowledge and experience in the industry, as it applies to the required Services. [Click to enter text - MAX 250 words] 4.2 Account management and customer service staff resources
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Commercial-in-Confidence 4.2 (a). Do you have a dedicated resource unit for managing Government accounts within your organisational structure? If so provide a brief description. [Click to enter text - MAX 150 words] 4.2 (b). In the worksheet provided (named "PERSONNEL") (Refer to the Document provided: “Response Workbook - Attachment 2”), provide details of the Account Management personnel (for Master Vendor and the proposed T2 Suppliers) who will be servicing Victorian Government account including their industry experience details. Include Company name, Employee name, Title, Specialisation, Company Tenure, Recruitment Industry Tenure and a summary of experience. 4.3 Continuity of Service Provide details of how you will ensure the continuity and availability of qualified Account Management personnel educated on the requirements of Victorian Government. [Click to enter text - MAX 250 words] 4.4 Methodology Provide details of methodology and workflow you propose to use in connection with the provision of the Services. Workflow details should include demonstration of Tier 2 Supplier participation. [Click to enter text - MAX 250 words] 4.5 Candidate attraction Provide details of how you will source, attract and build a database of suitable and qualified candidates in your tendered category/s for Victorian Government. [Click to enter text - MAX 250 words] 4.6 Candidate suitability Provide details of how you will evaluate the skills and competencies of candidates to ensure their suitability, ability and fit for Victorian Government in your tendered category/s. [Click to enter text - MAX 250 words] 4.7 Regional Capability Provide details of your regional recruitment capability which may include your own regional office/s, regional partnerships with Tier 2 Suppliers or proven remote recruitment methodologies. [Click to enter text - MAX 250 words] 4.8 Disability candidates 4.8 (a) Provide details of your capability in providing for candidates with a disability in relation to accessible premises/venues and catering to the required reasonable adjustments for interviewing and testing. [Click to enter text - MAX 150 words] 4.8 (b). Do you have a Disability Action Plan or equivalent? Provide details. [Click to enter text - MAX 150 words] 4.8 (c). If not; Do you agree, if successful, to develop such plan within 12 months of contract commencement? [Enter YES or NO]
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Commercial-in-Confidence 4.8 (d). The Disability Employment Advisory Service (DEAS) has been established by the Victorian Government as a program to increase the number of people with a disability in the VPS workforce. Do you agree, if successful, to liaise with this service as required? [Enter YES or NO] 4.9 Describe any specialist or “added value” services you are able to provide such as the ability to handle “non-standard” roles and “Executive Search” capabilities. [Click to enter text - MAX 250 words]
5.
Past Performance and Current Work
5.1 Previous and current work 5.1 (a). Provide information on previous work related to the requirements detailed in the Specification including experience and track record in your tendered category/s (with particular emphasis on your operations in Victoria) stating number of years involved in permanent and onhire staffing. Include number of customers serviced together with number of permanent and onhire placements per annum. NB: Information on number of staff and placements in Victoria is to be provided in the worksheet “LOCATONS” (see section 2.1 above). (Refer to the Document provided: “Response Workbook Attachment 2”) [Click to enter text - MAX 250 words] 5.1 (b). Provide information on previous public sector experience in the past three (3) years as it relates to the requirements detailed in the Specification. Include number of years you have been involved in work within the public sector/Government, number of public sector customers together with number of permanent and on-hire placements per annum. [Click to enter text - MAX 250 words] 5.1 (c). Detail current work related to the requirements as stated in the Specification. Include the number and service category of current active candidates in Victoria for both your own organisation and your proposed Tier 2 Suppliers. [Click to enter text - MAX 250 words] 5.2 Placing people with disabilities 5.2 (a). Detail previous experience as it relates to success in placing people with disabilities. [Click to enter text - MAX 150 words] 5.2 (b). Please provide details of any existing relationship you have with Disability Works Australia or Disability Employment network members (or similar entity)?
[Click to enter text - MAX 150 words] 5.2 (c). Are you prepared to enter into an agreement with Disability Works Australia or Disability Employment network members (or similar entity) to access a disability employment register as a matter of course?
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Commercial-in-Confidence [Enter YES or NO] 5.3 Diversity recruitment Detail previous experience as it relates to success in delivering Diversity recruitment and placing Diversity candidates. [Click to enter text - MAX 250 words] 5.4 References Provide three (3) referees that the Lead Department could contact regarding your ability to provide the Services required under the Specification. Note: The Lead Department reserves the right to contact any of the Tenderer’s previous customers. Client and contact details
Description of Service
Period (start and end dates)
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5.5 Related Tenderers Provide details of any other Tenderer that is a related body corporate of the Tenderer. [Click here to enter text]
6.
Quality and OH&S systems for deliverables
6.1 Quality Systems 6.1 (a). Does your organisation have a certified Quality Management System? If YES, to which standard are you accredited? AS/NZS ISO 9001, AS/NZS ISO 9002, AS/NZS ISO 9001:2008 or other? [Click to enter text - MAX 150 words] 6.1 (b). If you are not currently certified, are you in the process of achieving certification? If YES: Give details of which standard, when you commenced, targeted date for completion and accreditation body being used. [Click to enter text - MAX 100 words] 6.1 (c). If you are not in the process of achieving certification, provide details of how you intend to ensure that the Services meet the Victorian Government’s requirements and industry standards for quality. [Click to enter text - MAX 150 words] 6.1 (d). If required, are you prepared to undergo a quality assessment by the Lead Department or its representatives?
[Enter YES or NO] 6.1 (e). Name your authorised Quality Representative/Manager (including location and contact Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence details). [Click to enter text - MAX 50 words] 6.1 (f). In the worksheet provided (named "LOCATIONS") give details of the current QA level for each proposed sub-contractor/Tier 2 Supplier and for each location. 6.2 OH&S Systems 6.2 (a). Does your organisation have an operating OH&S management system? [Enter YES or NO] 6.2 (b). Provide details of your OH&S processes relating to on-hire workers and permanent recruitment assignments and supply to Victorian Government including OH&S training and induction, workplace assessment and incident management. [Click to enter text - MAX 250 words] 6.2 (c). Provide information on your procedures for ensuring that your proposed Tier 2 Suppliers follow the OH&S processes detailed above for on-hire workers and permanent recruitment assignments. [Click to enter text - MAX 250 words]
7.
Customer Service and Account Management
7.1 Customer Service Plan 7.1 (a). The Lead Department requires some indication of the level of customer service you would offer. Provide details of the Customer Service Plan and Account Management structure you would undertake for this contract. [Click to enter text - MAX 500 words] 7.1 (b).What methods will you employ to gather end user feedback? [Click to enter text - MAX 250 words] 7.1 (c). Provide details of your Candidate Care and Communication Program. [Click to enter text - MAX 250 words] 7.1 (d) Provide details on how you will manage and monitor on-hire workers’ performance on assignment. [Click to enter text - MAX 150 words] 7.1 (e) Provide details on how you will monitor permanent employee suitability after placement. [Click to enter text - MAX 150 words] 7.1 (f). What other customer service orientated proposals do you have which will enhance your bid?
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Commercial-in-Confidence [Click to enter text - MAX 250 words] 7.2 KPI targets Indicate what percentage targets (above the minimum specified) you may be able to provide against the proposed performance measures as detailed in the Specification. Enclose (as electronic documents) samples of existing KPI reports available to your customers. [Click to enter text - MAX 50 words] 7.3 Benchmarking Provide details of what you consider to be any appropriate additional performance measures and benchmarks. [Click to enter text - MAX 250 words] 7.4 Back Up and Advice 7.4 (a) Do you have an existing telephone or on-line help desk service available to Government recruiters between 8am and 6pm on business days?
[Click to enter YES or NO ] 7.4 (b) Do you have an emergency number for after hours workers?
[Click to enter YES or NO] 7.5 Contract Implementation Plan Provide a summary of the Contract Implementation Plan you would offer. Include Transition-in details. [Click to enter text - MAX 500 words] 7.6 Transition Support Do you agree to support the Lead Department in facilitation and transition of on-hire workers at commencement and expiry of the contract as detailed in the Specification? Please provide any relevant information. [Click to enter text - MAX 100 words] 7.7 Accurate Invoicing Provide details on how you will manage invoicing (for you and proposed Tier 2 Suppliers) and your current practices for ensuring consistency and accuracy. [Click to enter text - MAX 250 words] 7.7 RCSA Code of Conduct Please confirm that your organisation and all proposed Tier 2 Suppliers currently abide by all requirements of the RCSA Code of Conduct and provide details of the procedures used to ensure that all your staff are aware of and follow this Code of Conduct.
[Click to enter text - MAX 100 words ] 7.8 Management Reporting Provide details on how you will manage reporting (for you and proposed Tier 2 Suppliers) outlining Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence your reporting systems and capability (including on-line reporting) and your current practices for ensuring timely delivery and accuracy. [Click to enter text - MAX 500 words] 7.9 Candidate Quality and Suitability Provide details of any special features of the services you would provide that will help ensure that you are able to attract and secure high calibre candidates specifically for Victorian Government assignments or posts. [Click to enter text - MAX 500 words]
8.
Strategic
8.1 Provide details of any continuous improvement programs and initiatives and on-going awareness of recruitment related developments. [Click to enter text - MAX 250 words]
9.
Innovation and State of Technology
9.1 State your involvement in activities which involve the use of innovative solutions, leading technologies, best practice, etc. that have resulted in “value for money” improvements. [Click to enter text - MAX 250 words] 9.2 Provide details of any on-line systems that can provide e-commerce solutions to Victorian Government, in particular confirming your on-line timesheets capability. It may be a requirement for your organisation’s e-commerce solutions to integrate or interface with government software. Please provide information on your capability in this area by detailing your previous experience in interfacing with various client systems. Describe your organisation’s present capabilities and future strategies in relation to e-commerce. [Click to enter text - MAX 350 words]
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10.
Financial viability
Tenderers are required to demonstrate that they have the financial capacity to provide, over the term of the contract, all the requirements specified in this RFT. Accordingly, you are required to provide the following information. If the answer to any of the following questions is “yes”, provide an explanation. 10.1 Are there any significant events, matters or circumstances which have arisen since the end of the last financial year which may significantly affect the operations of the Tenderer?
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10.2 Are there any mergers/acquisitions either recent (within the past 12 months) or which are imminent?
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10.3 Are there any proceedings, either actual or threatened, against the Tenderer, its parent or associated entities or any director of the Tenderer, its parent or associated entities or have there been any such proceedings within the past five years? If so, what (if any) remedial action has been taken in respect of such proceedings?
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10.4 Are there any bankruptcy actions against a director of the Tenderer, its parent or associated entities, or has there been within the past five years?
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10.5 Are there any de-registration actions against the Tenderer, its parent or associated entities on foot, or have there been any within the past five years?
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10.6 Are there any insolvency proceedings, actual or threatened (including voluntary administration, application to wind up, or other like action) against the Tenderer, its parent or associated entities on foot, or have there been any within the past five years?
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10.7 Is the Tenderer, its parent or associated entities currently in default of any agreement, contract, order or award that would or would be likely to adversely affect the financial capacity of the Tenderer to provide the Services contemplated by this RFT?
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10.8 Are there any other factors which could adversely impact on the financial ability of the Tenderer to successfully perform the obligations contemplated by this RFT?
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10.9 Is the Tenderer solvent and able to meet its debts as and when they fall due in the normal course of business?
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In addition to the information required above, Tenderers are required to undertake to provide to the Lead Department (or its nominated agent) upon request all such information as the Lead Department reasonably requires to satisfy itself that Tenderers are financially viable and have the financial capability to provide the Services for which they are tendering and to otherwise meet their obligations under the Proposed Contract. 10.10 Provide your undertaking to comply with this request. Response required: Understood and agreed. [Click here to enter text.] Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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11.
Risk and Insurance
11.1 Schedule of insurance information The Lead Department requires appropriate insurance provisions for the supply under this RFT (e.g. public, product, professional liability). Include names of insurance companies, policy type (eg. WorkSafe Injury Insurance, Public Liability, Professional Indemnity, etc.),policy number(s), expiry dates, limit of liability and relevant exclusions.
Name of Insurance Company
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Policy Type (eg. Public liability, professional indemnity etc)
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Policy Numbers
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Expiry Dates
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Limit of Liability
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Relevant Exclusions
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N ame of Insurance Company
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Policy Type
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Policy Numbers
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Expiry Dates
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Limit of Liability
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Relevant Exclusions
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Name of Insurance Company
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Policy Type
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Policy Numbers
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Expiry Dates
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Limit of Liability
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Relevant Exclusions
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Name of Insurance Company
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Policy Type
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Policy Numbers
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Expiry Dates
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Limit of Liability
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Relevant Exclusions
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11.2 Risk management strategies Provide details of all your risk management strategies and practices that would be applicable or relevant in the context of the supply of the Services. [Click to enter text - MAX 250 words]
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12.
Compliance with the proposed contract
A Tenderer must provide a tabulated statement showing clearly, and in order of the relevant sections, its level of compliance with Part C (Proposed Contract). Refer section 7.2, Part A (Conditions of Tender) for further instructions.
Note: No response is required in respect of a particular section of the Proposed Contract where a Tenderer will comply with that section in full. The Lead Department has a strong preference for full compliance with Proposed Contract.
[NOTE TO TENDERERS: The cells in this column need to state one of the following: Will comply subject to conditions; or
[NOTE TO TENDERERS: Where the statement in column 2 is “Will comply subject to conditions”, Tenderers should state in this column 3 the applicable conditions and the reason why those conditions are applicable. Where the statement in column 2 is “Will not comply” Tenderers should state in this column 3 the reasons for such non-compliance. In both cases, the nature and extent of non-compliance must be clearly stated.] Insert additional rows in the table below if required
Will not comply.]
Contract Clause No.
Compliance Statement
Explanation/Comment
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13.
Conflict of interest
13.1 Provide details of any interests, relationships or clients which may or do give rise to a conflict of interest and the area of expertise in which that conflict or potential conflict does or may arise and details of any strategy for preventing conflicts of interest.
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13.2 Outline the processes you have in place to handle any future conflict of interest (actual or perceived).
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14.
Costings
14.1 Complete the Pricing Schedule in the worksheet named “PRICING” in the response workbook provided (Refer to the Document provided: “Response Workbook - Attachment 2”). Tenderers should note that the Lead Department requires compliance with the pricing structure contained in the Pricing Schedule. Confirm that you comply with the structure contained in the Pricing Schedule. If non-compliant advise your reasons. Response required: Understood and agreed
[Click here to enter text.] 14.2 Fixed Fee Structure Willingness to agree to a fixed fee structure for the duration of the initial i.e. three (3) year contract term. Response required: Understood and agreed
[Click here to enter text.] 14.3 Service inclusions The following services are included in the fees quoted: Confirmation of job specification Database search and screening Phone screening/pre interview Resume check/assessment In-depth interview Residency validation Education/qualification checks Work history validation Reference checks Assessment recommendation Skill and competency assessment Resume briefs/candidate summaries Licence checks OH&S induction (on-hire workers only) OH&S site assessment (on-hire workers only) Client liaison Candidate care Assignment/placement servicing On-line timesheet processing (on-hire workers only) Pay rolling (on-hire workers only) Accurate billing/invoicing Performance monitoring (on-hire workers only) Issue and complaint resolution Management reporting Performance measures Arranging National Police & Security Checks Response required: Understood and agreed
[Click here to enter text.] 14.4 The following activities and assessments may be required from time to time. Details outlining such activities and assessments will be provided as required by the Purchaser and the Master Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence Vendor will provide timely quotation for on-charge (without additional agency mark-up) to the Purchaser: National Police Checks, including fingerprinting (mandatory for Victoria Police) Advertisement development/proof/placement (branded advertising only) Psychometric testing Medical examinations Response required: Understood and agreed
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14.5 On-hire Staff Replacement Guarantee In the case of unsatisfactory on-hire staff, Master Vendors must recommend at Purchaser’s discretion alternative candidate(s) as replacement staff within the required timeframes in accordance with the applicable service level requirements. Master Vendors must provide replacement staff for an agreed period (hours) at no charge, where unsatisfactory performance is identified and advised within the first working day of the assignment. Enter below the offered no charge period (hours). [Click here to enter text.]
14.6 Permanent Placement Guarantee Tenderers must offer Purchasers a six month guarantee period from the candidate’s commencement date. This guarantee ensures that the Purchaser will receive one of the following options at the Purchaser’s discretion: a). a replacement as per the original job brief should a candidate leave the Purchaser’s employ for reasons other than the Purchaser’s directives including redundancy and restructuring activities, at no additional cost, where the candidate leaves the Purchaser’s employ, or b). a refund should a candidate leave the Purchaser’s employ for reasons other than the Purchaser’s directives including redundancy and restructuring activities. Between commencement and three (3) months 100% refund of placement fee will be provided, over three (3) months and up to six (6) months 50% refund will be provided. Response required: Understood and agreed
[Click here to enter text.] 14.7 Hours worked in excess of agreed or contracted hours will not be paid without prior authorization by the Purchaser. Overtime is not encouraged at any time. Where overtime is approved for payment, the agency fee for overtime will be at the same rate as ordinary time. No agency fee is payable on allowances, only applicable legislative staff costs will apply. Response required: Understood and agreed
[Click here to enter text.] 14.8 No permanent placement fee will be payable where on-hire workers are successful in obtaining permanent employment (in any government department or agency) where the position is advertised in the public domain and application for the position is made by the on-hire worker of their own volition and is not solicited by the Purchaser. This applies irrespective of the period of the temporary assignment. Response required: Understood and agreed
[Click here to enter text.] 14.9 Other Costs Please provide details of any other costs (if any) associated with this contract, which will be passed on to the Purchaser. [Click here to enter text.] Request for Tender (Parts A-E) Staffing Services SS-11-2010 © Copyright State of Victoria 2011
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Commercial-in-Confidence 15.
Environmental Sustainability
15.1 Does your organisation have an environmental policy? If yes , please enclose an electronic version of this document with your tender. [Click here to enter text] 15.2 If your organisation does not have an environmental policy enter the date by which you expect this to be completed. [Click here to enter date] 15.3 Has your organisation undertaken any other initiatives in reducing your environmental impact? If YES, give details. [Click to enter text - MAX 250 words]
16.
Ethical Purchasing Policy
16.1 It is a condition of tendering for purchases of goods or services valued at $100,000 or more or where the tenderer participates in a high risk industry that shortlisted tenderers are required to complete an Ethical Employment Statement (RFT Part E) demonstrating that they satisfy the ethical employment standard set out in the Victorian Government Ethical Purchasing Policy (www.procurem ent.vic.gov.au) Shortlisted Tenderers who do not comply with a request to provide Part E within the timeframes specified by the Lead Department will be disqualified from the tendering process. The names of Tenderers who submit an Ethical Employment Statement and are assessed by the Lead Department as not satisfying the Ethical Employment Standard will be placed on the Ethical Employment Reference Register. Response required: Understood and agreed
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17.
VIPP Plan (for regional contracts in excess of $1 million and metropolitan contracts in excess of $3 million)
17.1 Where required by the Lead Department shortlisted Tenderers are required to provide a Victorian Industry Participation Policy (VIPP) Plan certified by the ICN demonstrating a genuine commitment to comply to the VIPP requirements. Response required: Understood and agreed
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18.
Any other matters
18.1 Detail any matters which have not been covered in previous sections, and you believe need to be taken into consideration when your tender is evaluated. [Click here to enter text.]
19.
VGPB website
The Conditions of Tender include a provision for disclosure of contract information (refer Attachment A to this Part D). Identify any information in your tender which you consider falls within the following categories and which you consider should not be published. 19.1
Trade secrets.
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19.2
Unreasonable disadvantage.
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Part D - Attachment A Contract disclosure The Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific freedom of information principles (including a public interest test) will apply. However, even if certain clauses are excised from public contracts, the Government cannot pre-empt the workings of the Freedom of Information Act 1982 (Vic) or constrain the Auditor General's powers to secure and publish documents as he or she sees fit. The Conditions of Tendering include a provision for the disclosure of contract information (refer section in Part A of the RFT dealing with “Use of tenders”). The provisions of the Proposed Contract in regard to confidentiality and disclosure should also be noted. This provision is consistent with the Government's presumption of the full disclosure of contracts. Any non-disclosure of contract provisions must be justified by the successful Tenderer by applying the principles for exemption under the provisions of the FOI Act. Section 34(1) of the FOI Act provides that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the FOI Act if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking unreasonably to disadvantage. If a Tenderer wishes to withhold the disclosure of specific contract information, the Tenderer must clearly outline how the release of this information will expose trade secrets or expose the business unreasonably to disadvantage.
Trade secrets In considering whether specific information should be categorised as a trade secret, Tenderers should assess:
the extent to which it is known outside of the Tenderer’s business;
the extent to which it is known by the persons engaged in the Tenderer’s business;
any measures taken to guard its secrecy;
its value to the Tenderer’s business and to any competitors;
the amount of money and effort invested in developing the information; and
the ease or difficulty with which others may acquire or develop this information.
Unreasonable disadvantage In determining whether disclosure of specific information will expose a Tenderer’s business unreasonably to disadvantage, you should consider section 34(2) of the FOI Act. Broadly, you should consider:
whether the information is generally available to competitors; and
whether it could be disclosed without causing substantial harm to the competitive position of the business
The Lead Department will consider these applications in the tender evaluation and negotiations with Tenderers.
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RFT PART E– ETHICAL EMPLOYMENT RESPONSE NOTE TO TENDERERS: (i)
Only complete and submit this Part E if you have been expressly requested to do so by the Lead Department.
The information sought in this RFT Part E relates to section 11 of RFT Part A (Conditions of Tendering) and is subject to the warranties contained in section 14 of that document.
Information Name of Tenderer
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Australian Business Number (or equivalent)
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Name of the Lead Department
Department of Treasury and Finance
RFT Number
SS-11-2010
Description of the RFT
Staffing Services
Date of submission of this RFT Part E
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Ethical Purchasing Policy
For a tendering process to which the Ethical Purchasing Policy applies, shortlisted Tenderers are required to complete an Ethical Employment Statement. The Ethical Purchasing Policy provides that the State will not enter into a contract to which the policy applies with any Tenderer that cannot satisfy the ethical employment standard. The ethical employment standard is the requirement for persons that supply or propose to supply goods and services to the Victorian Government to demonstrate to the reasonable satisfaction of the Lead Department, and in accordance with the requirements of the Ethical Purchasing Policy, that the relevant contracting or tendering entity meets its obligations to its employees under Applicable Industrial Instruments and Legislation at the time a contract is awarded and continues to meet such obligations during the term of that contract. Details of Applicable Industrial Instruments and Legislation are set out in the Ethical Purchasing Policy located at www.procurement.vic.gov.au. When notified by the Lead Department, shortlisted Tenderers are required to complete sections 1 to 5 of this RFT Part E within the timeframe specified by the Lead Department. The Lead Department will assess whether a Tenderer satisfies the ethical employment standard in accordance with the Process Guidelines for Government Buyers. The assessment will be based on:
any findings against the Tenderer by a court, tribunal, commission or board of a breach of an applicable industrial instrument (award or agreement binding on the Tenderer), including a finding of a breach of a non-confidential consent order, in the preceding 24 months;
any convictions under applicable legislation (detailed in the Ethical Purchasing Policy) in the preceding 24 months;
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any current proceedings or prosecutions in respect of a breach of an applicable industrial instrument or an offence under applicable legislation;
remedial measures implemented to ensure future compliance with applicable industrial instruments and legislation.
the seriousness of breaches or offences which are the subject of an adverse finding or conviction;
the number of adverse findings or convictions;
whether there is a pattern of continued breaches or convictions (including, for the purposes of determining a pattern of continued breaches only, whether there are any current proceedings or prosecutions before a court, tribunal, commission or board);
whether remedial measures are commensurate with the breach or offence and in the reasonable opinion of the Lead Department, can be reasonably expected to prevent such breach or offence from recurring.
The name of the disqualified Tenderer will be placed on a register maintained by the Department of Treasury and Finance (the Ethical Employment Reference Register) for a period of 24 months from the date the Tenderer is disqualified from the Tendering process. The information in a Tenderer's Ethical Employment Statement will be used to assess whether the Tenderer satisfies the ethical employment standard. The Lead Department may request further details about the information provided by the Tenderer in this Ethical Employment Statement.
The Lead Department will not enter into contracts with Tenderers who do not satisfy the ethical employment standard. Such Tenderers will be disqualified from the tendering process and their names will be placed on the Ethical Employment Reference Register for a period of 24 months from the date the Tenderer is disqualified from the tendering process. Victorian Government departments may access the Ethical Employment Reference Register for the purpose of determining whether the Tenderer has not met the ethical employment standard for other tendering processes, i.e. has not satisfied the standard in the past. A Tenderer whose name is on the Ethical Employment Reference Register will not be excluded from other government business opportunities solely on the basis that its name appears on the register. The Tenderer will be informed if, in the assessment by the Lead Department, it has failed to satisfy the ethical employment standard before disqualification occurs. The Tenderer will have an opportunity to provide additional information at that time.
Definitions
For the purposes of sections 1 to 5 of this Ethical Employment Statement:
Full Details means details of:
the nature of the breach or offence or alleged breach or offence;
any conviction recorded or adverse finding made in respect of the breach or offence;
any penalty or orders imposed by a court, tribunal, commission or board in respect of the breach or offence and the maximum penalty that could have been imposed under the Applicable Industrial Instruments and Legislation;
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the name of the court, tribunal, commission or board, the State or Territory in which the proceeding or prosecution is brought, the date on which the proceeding or prosecution was commenced and the number or description assigned to the proceeding or prosecution by the court, tribunal, commission or board;
the name of the entity against which the finding or conviction was made or the proceeding or prosecution was initiated;
this Contract; and
further information about any of the above, if required by the Lead Department.
Tendering Entity means the legal entity (individual or company) that would (if successful) enter into a contract with the State at the end of the tendering process. Partnerships, unincorporated joint ventures or consortia planning to enter into a contract with the State will need to complete an Ethical Employment Statement for each entity forming part of the bidding team.
No.
Question
Response
1.
Provide details of any industrial instrument (award or agreement) that specifically applies to the employees of the Tendering Entity and is binding on it (applicable industrial instruments).
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2.
Provide Full Details of any findings against the Tendering Entity by a court, tribunal, commission or board of a breach of an applicable industrial instrument, including a finding of a breach in a nonconfidential consent order, in the preceding 24 months.
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3.
Provide Full Details of any convictions under the following legislation (applicable legislation) in the preceding 24 months: Dangerous Goods Act 1985 (Vic) Equipment (Public Safety) Act 1994 (Vic) Federal Awards (Uniform System) Act 2003 (Vic) Long Service Leave Act 1992 (Vic) Occupational Health and Safety Act 2004 (Vic) Outworkers (Improved Protection) Act 2003 (Vic)
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Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth) Any other legislation designated by the
Victorian Government as applicable legislation under the Ethical Purchasing Policy from time to time. 4.
Provide Full Details of any current proceedings or prosecutions in respect of a breach of an applicable industrial instrument or an offence under applicable legislation.
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5.
Provide details of any remedial measures implemented to ensure future compliance with applicable industrial instruments and applicable legislation.
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