RFT Indigenous Employment Programs Employment Panel and Economic Development and Business Support Panel 2009-12 Questions and Answers - Closed
Please note: this tender closed at 7.00pm (Canberra time), Friday 24 April 2009.
The historical information on these pages is provided for information only, and may no longer be relevant.
The Minister for Employment Participation, the Hon Brendan O'Connor MP, released the RFT on 16 March 2009. These Questions and Answers include general information about the IEP, the panels and the tendering process:
Answers to questions raised regarding the Request for Tender (RFT) Indigenous Employment Program's Employment Panel and Economic Development and Business Support Panel 2009-12 are available below.
Please note that questions and answers refer to material contained in the RFT and should be read in conjunction with that document. The RFT documentation can only be obtained from the AusTender website at www.tenders.gov.au. You must register on AusTender for access to this documentation.
The hotline is the primary means of contact during the purchasing process and can be contacted on 1300 733 514 (9.00 am to 5.00 pm Canberra time, Monday to Friday, excluding ACT and national public holidays) or via email to espurchasing@deewr.gov.au.
It is advisable that you use the Find function on this page to identify the specific information you are seeking. Use Ctrl+F to access this functionality.
Posted 23 April
264. Question
Please tell me if the original .AEM file downloaded for use with the Austender software is supposed to increase in filesize size as the tender is produced, or is it simply a kick-off file and the main work is contained in the .ARF.
Answer
Both the .AEM file and the .ARF contain the answers to your Tender. Therefore as you answer the questions in the Tender, the filesize of both files will increase.
263. Question
Today we uploaded our Tender application for the Indigenous Employment Program on the Apet eResponse program
We clicked on the tab ‘generate response file’…. though we did not receive ‘proof of lodgement’.
We notice the appropriate files copied back onto our hard drive.
But how do we know if the upload succeeded or failed?
Can you please assist?
Answer
As per section 3.5 and Appendix D of the RFT, Tenders must be lodged in a single upload to Aus Tender at tenders.gov.au.
The generate response file tab in APET generates one of the files that you need to lodge with AusTender. Generating the file does not lodge your tender with AusTender.
262. Question
Can you please advise how to electronically edit the forms that have been embedded as images in the tender doc e.g. financial and credentials forms.
Answer
Files uploaded into Apet eResponse by a tenderer can be edited by opening the document/spreadsheet file that was uploaded to Apet eResponse, making the required change and saving the file. However, it is recommended that if a file needs editing then the edit should be made to the Tenderers source file, not to the file already embedded in Apet eResponse. You should remove the incorrect file from Apet eResponse and reload the new edited version from your own file system.
261. Question
It is noted that when you copy text from a Word document into the Apet system selection criteria (as you are not allowed to attached a document to this section), the numbering format changes and we are unable to manually adjust with Apet to the correct format. I trust the formatting anomalies will not effect the judgement of the selection panel?
Answer
The Apet eResponse V5.1 system provides options for formatting text within APET. The formatting options are available in the toolbar above the section where you enter your response to selection criterion. Microsoft Word documents when copying and pasting pre formatted text to Apet will retain the formatting.
Posted 22 April
260. Question
Could you please clarify the naming conventions for files to be uploaded through the APET eResponse software before the files are submitted via the AusTender website?
1. When we save the Financial and Credentials Information Form, so we keep the same name or should we include something to identify our organisation? For example: “TSF Financial and Credentials Information Form.xls” or “SMITH Financial and Credentials Information Form.xls”?
2. When including attachments with the Financial and Credentials Information Form should these also have something to identify our organisation in the file name? For example “TSFFinancials2008.pdf”? or we just keep as “Financials2008.pdf”?
3. When making the PDF copy of the tender response should this file name also have something to identify our organisation in the file name as per above examples?
Answer
Any file embedded within the response file generated by the tenderer (.arf) will be identifiable by DEEWR regardless if the organisation name is included or not. It is at a Tenderers discretion what particular names are used for these individual files. The PDF copy of the tender is not an embedded file and it may be helpful to DEEWR if the file name included the organisation name, but is not a requirement of DEEWR. Please see Appendix D of the RFT for further information regarding naming conventions.
259. Question
Will ICCs have a role in the panel arrangement, i.e. project determination, liaison, etc.?
Answer
Possibly, depending on state by state arrangements.
Posted 21 April
258. Question
In Part A section 3.1 the Tenderer is required to include a referee report. Could you please clarify what detail and format you require for this report. Is this report a client testimonial?
Answer
The IEP RFT does not stipulate that Tenderers are required to provide referee reports.
Question 4.1 of Appendix E - ProForma of Electronic Tender Application states: "Tenderers may attach two referee reports and the contact details of the referees”. Where a Tenderer has supplied a referee report, DEEWR may contact any nominated referee to seek clarification of information provided in a written referee report, as outlined in Section 4.10.2.
DEEWR does not supply templates for referee reports; however Tenderers should note the list of acceptable file formats as outlined on page 72 in Appendix D.
257. Question
Re RFT DEEWR IEP 2009-2012. Would I be allowed to provide a referee report from personnel currently working in the APSC Indigenous Recruitment Program for whom I have provided employment services?
Answer
Tenderers may attach two referee reports and the contact details of the referees. Other than current DEEWR employees, referee reports may be requested from any source.
256. Question
Why are there different word limits for each of the criteria?
Answer
After careful consideration more characters are allowed for Criterion 2 for both Panels to allow Tenderers the opportunity to address and refer to the wide range of service strategies and experiences previously provided, perhaps including specific examples of working with a range of clients and stakeholders.
Note that the limit is set for characters (not words), which includes spaces and punctuation marks. Refer to Section 4.7 of the RFT
255. Question
I am enquiring as to whether the coverage area of the IEP panels will include the Torres Strait, with the TSRA taking up the role that DEEWR would normally undertake on the mainland?
Answer
Please refer to section 2.1.1 of the RFT which states: ‘The aim of this RFT process is to establish two non-exclusive Panels (non-exclusive Panel arrangements are explained in section 2.6.4) of organisations to deliver a range of Activities to employers, Indigenous Australians and their communities throughout Australia.’
DEEWR’s responsibilities in relation to the Panels are outlined in section 2.5.2 and these responsibilities do not vary in different locations around the country.
254. Question
Are you targeting homeland and outstations?
Answer
Proposals for activities are expected to come from Panel members, Communities, the department etc. and therefore will have wide coverage. There are a number of factors DEEWR will take into consideration regarding project proposals. These will include, but are not limited to, other proposals received by DEEWR, individual needs, community needs, employer demand, job seeker availability and opportunities for economic and business development.
Refer to Sections 2.1.2 and 2.6.3 of the RFT.
Posted 20 April
253. Question
How would it [IEP] operate, wouldn’t money management be picked up by Money Management Services (MMS)?
Answer
No, not necessarily. The Employment Panel Members and the Economic Development and Business Support Panel Members are able to package together a wide range of assistance to meet particular circumstances, including some of the support available through the MMS.
As set out in section 2.10 of the RFT it is important for the potential recipients of reformed IEP services to be aware of other programs from which they are eligible to receive assistance (regardless of whether they are administered by DEEWR, other government agencies, state or territory governments, or private enterprises) and to make decisions about what organisation(s) will best meet their needs.
252. Question
Have the outcomes from the public consultation sessions held last year been published anywhere?
Answer
No. The DEEWR website contains information regarding changes to the Indigenous Employment Program, including a reference to the consultation process and outcomes. This can be located at www.deewr.gov.au/Employment/Pages/ChangestotheIndigenousEmploymentProgram.aspx.
251. Question
If I engage an RTO to deliver training are they considered sub-contractors?
Answer
Yes, if you engage an organisation to provide any of the activities contained in an Official Order they are considered to be sub-contractors and as such you must seek DEEWR’s permission to do so.
250. Question
The RFT does not include any financial information relating to fees to be paid. Why?
Answer
Tenderers should provide all relevant information requested in the RFT along with any information which assists satisfy DEEWR of the Tenderer's financial viability.
249. Question
We are a member of many associations and groups. What exactly do you want from us in this area?
Answer
You should enter any industry association that you think is appropriate in relation to the services that you would delivery.
248. Question
When I go the Part A references 15 and 16 I am told only ten pages can be attached. The Financial Reports for this organisation for those three years totals about 30 pages.
Answer
All financial documents are attached in Apet eResponse at Question Id 15 and 16. These questions require Tenderers to "Attach your organisations completed 'Financial and Credential Information' form(s) and any required attachments in Part A 'Tenderer Details, Financial Viability' at Id 15. Attach your organisations completed 'Subcontractor Credentials Information' form(s) and required attachments, if applicable, in Part A 'Tenderer Details, Financial Viability' at Id 16. Use the paperclip icon in the menu to attach as many financial documents as required."
DEEWR has not specified a page limitation for financial documents that should be attached at these two questions.
247. Question
Can you please explain the meaning of Question 15, page 9, Table 1 in the Financial & Credentials Information? The question asks what the % financial share is for each member of the Tendering Group. We are submitting a Consortium Tender and haven't structured the Consortium with % financial shares or a shareholding type structure.
Answer
In your particular circumstance, the % financial share in the Tendering Group would be the % share of the payments that would be received by or distributed to each member of the Tendering Group. For example, if payments are going to be evenly distributed between four Tender Group members then the % financial share would be 25% each.
246. Question
In relation to the Subcontractor Credentials Information Form, could you please advise me if it is necessary for our organisation, to complete the attached form as we are a State Government Organisation?
Answer
Yes. Providers can only subcontract Activities with the permission of DEEWR. If a Tenderer wishes to engage a subcontractor to perform part of its obligations under the Deed or perform part of its Activities under a Contract, details of any known proposed subcontracting arrangements must be provided in the tender.
245. Question
Can you please advise if the completion of the following fields in the Financial and Credentials Information Form Section 14: Relevant Persons is mandatory:
Answer
If a Tenderer does not provide all information requested by DEEWR, DEEWR might not be able to make an assessment or the assessment may be adversely affected. In these circumstances, DEEWR may exclude a tenderer from further consideration at any stage of the evaluation process.
244. Question
The following dot point is included in Criteria 3 for each panel:
- how your organisation will comply with the terms and conditions of the Deed of Standing Offer, …
Would you please provide an indication of the information the tender is seeking in this response – there are 40 odd pages of terms and conditions and it is not possible to respond to each and every term within the space limits set by the tender. It is not clear to which particular term or condition the tender is seeking a response.
Please note I am not requesting advice on how to respond, nor to what information should be provided; I am seeking advice on the detail of the information the tender is suggesting needs to be provided.
Answer
The dot points under each criterion are illustrative examples only of what Tenderers may describe and provide information about in their tender. Tenderers should make their own decisions on how to respond to the criterion.
Posted 17 April
243. Question
Regarding the attached supporting documentation, can you please advise whether this can include letters of support, from partner organisations?
Answer
Attachments must comply with section 4.6 of the Request For Tender.
242. Question
Does a (Queensland) Group Training Organisation receiving Joint Group Training Program Funding (administered by QLD DET; equally funded by DEEWR and QLD DET) have a conflict with receiving DEEWR Employment Panel payments if so engaged (is this ‘double-dipping’)?
Answer
DEEWR does not want to discourage tenders from organisations that receive other public funding and receiving public funding for the same or similar services will not preclude Tenderers from becoming Providers. At the time of negotiating an Official Order specific actions may be put in place to ensure that no double funding occurs. In circumstance such as this, it may be appropriate to provide details of other public funding sources at Question 12 of the Financial and Credentials Information Form. Tenderers should also refer to section 3.9.5 of the RFT for further information regarding double funding.
241. Question
Q. I am proposing to put in a RFT for the Economic Development and Business Support Panel and one of my subcontractors is a Trustee for a trust. Under the requirements of the subcontractors form an executed copy of the Trust Deed needs to be included in the documentation. The company's accountant’s offices have been destroyed in the Victorian bush fires (Black Saturday) along with all documents. The subcontractor has an unsigned (unexecuted) copy of the Trust Deed and it appears that this is the only copy of the deed in existence. It will take a while to get this stamped as a signed copy of the original at the Victorian Stamp Duty Office and may not be back before the lodgement date of 24 April 2009. Is there anything that we can do in the mean time to meet the compliance of the RFT? Can I send a copy of the unsigned deed with a letter from the directors?
Answer
All available information relevant to the requirements of the RFT should be provided. In this case, a copy of an unsigned deed with a letter from directors should be provided.
240. Question
I am wondering about Part A, if a Tenderer and a Subcontractor are tendering for both panels and the Tenderer hasn’t had a contract with DEEWR but the Subcontractor has and has a code for this can we register this as a yes action on behalf on the subcontractor or is this just relevant to the Tenderer.
This is A1.5 in the Apet eResponse
Answer
Information gathered in Part A, Question 1.1 - 1.9 relates only to the tenderer themselves. This question should not be answered with any information relating to subcontractors.
239. Question
Section 2.10.2 of the RFT mentions the Language and Literacy Program (page 17). If you are already a provider of the Language and Literacy program do you have to tender for the additional places.
Answer
If you already deliver language literacy and numeracy (LLN) under the WELL program then there is no need to tender for delivery of training for the additional WELL places. However, if you are RTO currently delivering LLN you may wish to tender if you want to participate in delivery of any of the services offered under the IEP Panels.
238. Question
Just for the record in Part A the Tenderer section if a subcontractor has any Industry Associations or anything like that are they applicable.
Say if the Subcontractor is to be equal to the Tenderer should the subcontractor submit the same or similar questions as the Tenderer or can they use the Subcontractor if the Tenderer is not relevant or if both are relevant
Answer
Information gathered in Part A, Question 1.1 - 1.9 relates only to the Tenderer themselves. This question should not be answered with any information relating to subcontractors.
237. Question
If tendering as a group, we will need to include a Financial Credentials Check for each member organisation. The form then asks for a separate Financial Credentials Check for individuals of the group members. If each group member is providing financial reports for their organisations, do you require individual forms for each individual in each group?
Answer
Each member of a Tendering Group must complete a separate Financial and Credentials Information Form and these must be submitted with the Tender. Separate forms are not required for each Relevant Person of a Tendering Group member.
236. Question
Is it a requirement for Universities to complete all of the Financial and Credentials Information Form and supply all of the supporting documentation?
Answer
The onus of proof is on a Tenderer to satisfy DEEWR of its financial viability to meet the service requirements. All Tenderers should provide the relevant information requested in the Financial and Credentials Information Form to enable DEEWR to make an assessment of their financial viability. Refer to section 3.8 of the RFT for further information in relation to financial viability.
235. Question
Are Tenderers required to be GST registered?
Answer
Successful Tenderers must have a current and valid Australian Business Number (ABN). It is not a requirement of the RFT that Tenderers be registered for GST. However, Tenderers should meet the requirements of the Taxation legislation.
234. Question
Do we need a Lead Agency for a Joint Venture Tender?
Answer
No.
233. Question
Do we need to demonstrate that a Joint Venture Agreement is in place at the time of the Tender, or can we enter into a Joint Venture Agreement if our Tender is successful?
Answer
The joint venture agreement could be formalised after the submission of the Tender. However, detail of the proposed agreement will need to be submitted with the tender and the agreement will need to be in existence prior to entering into any Deed(s) or Contract(s) with DEEWR.
232. Question
I have referred to 3.4.8 of the RFT however I am still unclear as to what limitations there are if I tender to deliver some or all activities in a Partnership arrangement and tender to deliver some or all activities as an individual organisation. Do the activities tendered for need to be different in order for both tenders not to be excluded?
Answer
A Tenderer cannot compete against itself for Panel membership, that is submit an alternative tender for a Panel for which it has otherwise tendered, including if it has tendered as part of a partnership.
231. Question
Why in the application does it ask to list the sub-contractors?
Answer
Providers can only subcontract Activities with the permission of DEEWR. If a Tenderer wishes to engage a Subcontractor to perform part of its obligations under the Deed or perform part of its Activities under a Contract, details of any known proposed subcontracting arrangements must be provided in the tender.
230. Question
Will Tenderers be required to provide forecasts of financial viability?
Answer
Tenderers should supply the information requested in the RFT. This includes submitting a completed Financial and Credentials Information Form and providing the most relevant information to prove financial viability. Section 3.8.2 of the RFT provides further detail regarding financial viability information requirements.
229. Question
A corporate CDEP is made up of 85 member organisations, can the Corporate CDEP tender and can any member organisation tender also?
Answer
Yes, provided that no tendering member organisation is competing against itself. If a tendering entity is controlled by another tendering entity this will be considered by DEEWR as an entity competing against itself, as outlined in section 3.4.8 of the RFT, and both tenders will be excluded. For the IEP tender, DEEWR considers that an entity has control over another entity if its shareholding is greater than 50% or the entity has control of the other entity through any other means.
228. Question
With regard to incorporation status, can a family trust be considered for the Economic Development and Business Support Panel?
Answer
Yes, if the trustee of the trust has legal personality and has full legal capacity to contract to provide Activities under IEP. Refer to section 4.10.4 of the RFT for further information.
227. Question
We are a local Government and most questions relate to Trusts that is not applicable to local government is it alright to send in a copy of the financial report which clarifies all the account details for local government?
Answer
Tenderers should provide all relevant information requested in the RFT along with any information which assists satisfy DEEWR of the Tenderer's financial viability.
226. Question
The RFT does not include any financial information relating to fees to be paid. Why?
Answer
Successful Tenderers do not receive any payments for becoming a Provider. Providers are only eligible to receive payments if an Official Order for a particular Project or Activity is entered into with DEEWR. The level of payment will be negotiated with Providers on a case-by-case basis under each Official Order. Refer to section 2.8 of the RFT for further information.
225. Question
We have got the annual reports for 2006 and 2007. The 2008 report will not be a public document until it has been tabled in the Victorian Parliament, which is expected to happen at some time during April. If the 2008 report is not available by the 24th April, are you willing to accept the reports for 2005/06/07 instead?
Answer
Draft 2008 financial statements are acceptable. If these are not available then the most recent statements that are available should be provided.
224. Question
Will the rules that apply to CDEP re participants (turning up to activity) apply to attendance at IEP activity by a panel member. If referral is from an Employment Service provider will attendance be a compulsory activity and will non attendance attract a payment suspension.
Answer
The rules regarding income support that apply to anyone attending an activity provided by a Panel Member will be determined by the job seeker’s obligations under any relevant legislation (the most likely being the Social Security Act 1991). Individual job seekers should check with their Employment Service provider to ensure that they are aware of any obligations they have related to income support payments. Similarly, Panel Members should discuss referrals from Employment Service providers to ensure that they are aware of the job seeker’s obligations related to income support, if any, so that they can properly manage the placement.
223. Question
In some circumstances, your response [to question 195] would be workable but not in others. Eg. If a Broome WA community was involved and all of the panel members had their offices in Perth then each panel member would be out of pocket for return airfares plus time plus (probably) accommodation depending on the timetable for flights back to Perth.
Should that circumstance occur, I am of the view that it would be unreasonable for the panel member to meet that cost. Would you agree?
If it was a metropolitan community, then the same problem would not be as acute but still relevant and would probably be absorbed by the panel member. Having said that there are few communities within WA that pertain to the metropolitan area and most would be in the country areas and the area of WA is quite vast!!
Answer
Please refer to the original response. Although advised that you cannot assume that the panel member would be reimbursed for all the time and out of pocket expenses incurred, it did not rule out the possibility of meeting costs of developing activity proposals and responding to Requests for Quotations.
222. Question
I have a query in regard to the financial information required. We have completed our 2008 financials as at 31st December 2008 but they are still in draft format. What information should we provide?
Answer
Tenderers should provide financial statements that are the most recent and up-to-date. The financial statements provided should be the latest annual statements as well as statements for the previous two years. Therefore, in this particular instance, the draft 2008 financials as at 31 December 2008 should be provided along with the previous two years of finalised statements. Refer to section 3.8.2 of the RFT for further information.
221. Question
What do I do if I don't have access to my organisation's financial information?
Answer
The person submitting the tender must be authorised to provide information on behalf of the Tenderer and should provide all information required by the RFT.
Posted 16 April
220. Question
Is there an opportunity for a Shire to tender?
Answer
Yes
219. Question
Who judges whether it is a better or worse service provision proposal in a remote location?
Answer
All proposals received by DEEWR will be considered by DEEWR staff taking into account a range of factors. Further information can be found at 2.6.3 of the RFT.
218. Question
Does the information on espurchasing duplicate the information on AusTender?
Answer
No. You will find information regarding the IEP RFT, such as Questions and Answers, on workplace.gov.au/espurchasing but the RFT is only available on AusTender at www.tenders.gov.au.
217. Question
If a Legal entity is also a shareholder (for example 25%) in another Legal entity, are both Legal entities able to tender individually for business in the IEP tender?
Answer
If a tendering entity is controlled by another tendering entity this will be considered by DEEWR as an entity competing against itself, as outlined in section 3.4.8 of the RFT, and both tenders will be excluded. For the IEP tender, DEEWR considers that an entity has control over another entity if its shareholding is greater than 50% or the entity has control of the other entity through any other means.
216. Question
We are a coalition of indigenous and non-indigenous business professionals who are coming together as a group of subcontractors under one entity. We plan to purchase a Proprietary Limited company with ABN (as per 3.4) and meet all other compliances (insurance etc) as per the IEP RFT. Our subcontractors will be identified as per the requirements of the RFT. Would this legal trading entity delivering services utilising a majority of sub-contractors be acceptable for this IEP RFT?
Answer
A Proprietary Limited company utilising subcontractors to deliver services can tender for IEP. If the Proprietary Limited company is the proposed contractor then all requirements of the RFT will apply to the Proprietary Limited company, and its proposed subcontractors, and the Proprietary Limited company will need to lodge a tender. Refer to section 3.4.3 of the RFT in relation to subcontracting arrangements and 3.8.2 with regard to information requirements for new organisations.
215. Question
We are proposing to provide proof of financial viability for our trading entity by way of by way of deposit or bank guarantee. We have a significant amount of capital available for trading to prove financial viability. Which of these two methods would be appropriate and how much would DEEWR need to see on deposit or bank guaranteed to pass the financial viability test?
Answer
In addition to the other financial viability requirements of the RFT, information with regard to capital available for trading should also be included. This can be provided under additional and contingency funding at section 11 of the Financial and Credentials Information Form. This should include any details in relation to deposits or bank guarantees that are in place or could be made available if required. DEEWR does not provide specific advice to Tenderers on how much capital Tenderers should have available to prove their financial viability. Refer to section 3.8.2 of the RFT for further detail in relation to financial viability information requirements.
214. Question
Is there a cap to the amount of funding you can receive?
Answer
No.
213. Question
Our organisation doesn't produce cash flow statements within its financial statements. Do we have to specifically produce them for this tender?
Answer
No. Cash flow statements are only required to be provided if they are available.
212. Question
The turn-around time between announcing final tender results and the dispatch of offers and execution of Deeds of Standing Offer is very short. Selection as a panel member may require an organisation to restructure its business.
Answer
The objective of the IEP RFT is for a smooth transition to ensure limited disruption to organisations and job seekers. Successful panel members will not have to have projects planned as of the 1 July 2009 allowing for greater flexibility for organisations.
211. Question
What is the definition of ‘Social Capacity' being used by DEEWR in relation to this RFT?
Answer
The RFT does not define 'social capacity'. When the department uses the term, it generally refers to the underpinning social structures (at a personal, family or community level) which support business and economic development. At a family or community level it can refer to health, education, social structures (i.e. family support structures, networks and organisational ability), cultural values and leadership. In general terms it relates to an individual's or community's skill sets and willingness to engage in or enthusiasm for particular activities; and barriers which would prevent them from, or limit their capacity to, engaging in those activities.
210. Question
Is the proposed project judged by someone who has remote experience?
Answer
Refer to section 2.6.3 of the RFT for information regarding assessing project proposals.
DEEWR staff will assess project proposals. When DEEWR is considering if projects are required, DEEWR staff will take into account factors such as community needs, individual needs, employer demand, job seeker availability and opportunities for economic and business development.
Following a project proposal or a response to a Request for Tender from an IEP Provider, DEEWR staff will assess the proposal taking into account a number issues, including location, community support and local labour market.
209. Question
Would you please advise where a list of existing Indigenous Employment Program providers can be found.
Answer
Current STEP ERS Panel Members can be found at www.workplace.gov.au/workplace/Programmes/IndigenousProgs/STEP/STEPERSPanel.
208. Question
Do we have to use RTO’s?
Answer
This will vary depending on the nature of the training required. Panel Members should identify the training needs of participants and organise, develop and provide appropriate training for the participants. This may include organising training by a registered training organisation.
When IEP Providers identify an LLN training need, they must contact DEEWR to discuss LLN provision. Refer to 2.10.2 of the RFT.
207. Question
My question is more specific regarding the distribution of RFQs from the Department under the Deed.
Can we have at least three individuals receive RFQs directly from the Department as the individual partners will be located in different offices?
Answer
At this stage all initial contacts in relation to the development of business under a Deed of Standing Offer (a Deed) will be undertaken through an organisation’s Deed Contact Person (see below). The Deed Contact Person may them nominate someone else to act on their behalf for the negotiation of a particular project and should those discussions result in the development of an Official Order the organisation will be required to nominate a Contact Person (see below) in relation to that Contract.
The Department will review this process before 1 July 2010 and may make changes to these arrangements.
The RFT requires Tenderers to nominate a Deed Contact Person means the person specified in Annexure 1 of the Deed of Standing Offer who has authority to receive and sign Notices and written communications for the Provider and accept any request or direction in relation to this Deed.
Each Official Order requires a Contact Person which is the person specified in the Official Order who has authority to receive and sign Notices and written communications for the Provider and accept any request or direction in relation to a Contract.
206. Question
Financial viability checks - most small businesses do not accumulate a lot of wealth. What checks do DEEWR undertake and what is the process for these checks?
Answer
Section 3.8 of the RFT provides information in relation to financial viability and other checks.
205. Question
I attended the Canberra briefing earlier today and asked whether our tender would be rejected if we failed to include our financial statements under the Financial Viability section. We have a policy of not releasing financial statements as part of tender submissions and, despite that, we are on a number of Federal Government panels. As you would appreciate, this is always a requirement in Requests for Tender and whilst we have declined to provide our financials, to overcome the impasse, we have invited representatives of the government entity to attend our office and review our financials to satisfy themselves of our capacity. Would that approach be satisfactory in respect of this tender?
Answer
In fairness to all tenderers, DEEWR must assess all tenders equally. DEEWR will not visit each tenderer's office to conduct financial viability assessments. The onus of proof is on a Tenderer to satisfy DEEWR of its financial viability. If a Tenderer does not provide all requested information, particularly financial statements, DEEWR may not be able to make an assessment, or the assessment may be adversely affected. In these circumstances, DEEWR may exclude a tender from further consideration. Refer to section 3.8.1 and 3.8.2 of the RFT for further information.
204. Question
If successful, can a Panel Member adjust the activities from their tender at a later date if business circumstances change?
Answer
Successful Panel Members will be able to indicate a preference to deliver one or more of the groups of activities described in Tables 2.1 and 2.2 but they will not be limited to delivering only those activities. Refer to Section 2.1 of the RFT for more information.
If, over the term of the Deeds of Standing Offer a Panel Member wanted to change their, they could do so by contacting DEEWR.
Refer to Questions 91 and 92 on the workplace site for related information.
Posted 15 April
203. Question
If there is more than 1 person working on a tender, can the downloaded tender document be transferred from one computer to another computer within the same organisation?
Answer
Yes, it is possible for more than one person to work on a tender submission in Apet eResponse at the same time. For instructions on how to do this please see the 'Task Cards (v5.*) (Task Cards C and E) for Apet eResponse on the Lange Consulting and Software site at http://downloads.langeconsulting.com.au/.
202. Question
We are tendering for both panels.
We wish to tender solely for the Employment Programs Employment Panel
We wish to tender as a joint venture for the Indigenous Economic Development and Business Support Panel
How should we represent this distinction in Part A of the Electronic Tender Application ?
Answer
If you are tendering as a single entity for one panel and as a tendering group for the another panel then you will need to submit two separate tenders.
201. Question
Is there an ability of any other members of the organisation to upload the RFT from different PC’s?
Answer
Any AusTender registered user can upload the tender files to AusTender on behalf of a tendering organisation. As the tender files should be uploaded at the same time, only one person can upload to AusTender.
200. Question
Scope of works when a quote is requested. It seems that a provider is to determine the scope of works by detailing strategies considered necessary to undertake the task. That proposal may be rejected but may still contain some good strategies/ideas. DEEWR can (potentially) include these requirements into the ultimate provider’s task contract. Is this nothing more than a fishing exercise to pick the best ideas from all parties requested to quote? Is that fair? Particularly given the time that would be required to put the quote together?
Answer
As discussed in section 2.1.1 of the RFT, the objective of the IEP is to increase Indigenous Australians’ employment outcomes and participation in economic activities, contributing to the Government's commitment to halve the gap between Indigenous and non-Indigenous employment outcomes within a decade.
The process of assessing proposals from Panel Members is set out in section 2.6.3 and will be undertaken in good faith with all Panel Members. Two of the considerations in that process are:
- Will the strategies or activities described by the Provider deliver outcomes for the project? Has the Provider suggested new ways of supporting the project or of delivering better outcomes for the local communities? Has it explained how it will work with other local organisations, including Employment Services providers to support the project?
- How much will the project cost? Does the project offer value for money to the Government.
It is likely that where one Panel Member has the best idea it is likely they will be successful, but the Government shouldn't be constrained from asking other providers to provide the same or similar services if the person who had the best idea provided a proposal that did not otherwise satisfy value for money and other requirements. DEEWR staff may also approach IEP Providers informally to discuss a proposal or aspects of it, including the cost of the proposal.
199. Question
We have very comprehensive insurance coverage, we are concerned that the indemnity clause 48.1 is broader than our insurance policy, which is limited to negligent acts or omissions only. Our insurance cover does not cover:
- any act or omission
- breaches of contract
- breach of personal information
- breach of third party IP rights.
Answer
DEEWR is unable to provide legal advice to potential tenderers. Subject to this, we note in relation to your concern under (a) above, that under clause 48.1, only acts or omissions where there was fault, fault being any negligent or unlawful act or omission or wilful misconduct including fraud, and includes proportionate liability to DEEWR regarding any fault of DEEWR's (see clauses 48.1(d), 48.2 and 48.4). In terms of negligent acts, this should be covered by your policy and there should be no objection to DEEWR's right to be covered for losses as a result of such conduct on the part of the Provider. There should also be no objection to DEEWR's right to be covered for losses resulting from unlawful acts or wilful misconduct. In relation to your concerns under (b) to (d) above, again, there should be no objection to DEEWR's right to be covered for losses as a result of such conduct (essentially breaches of the contract by the Provider).
Potential tenderers can note in their tender any clauses which they would not comply with. However it is unlikely that DEEWR would consider amending the indemnity clause, which is based on a whole of government Commonwealth standard
198 Question
Can a project be delivered by a panel member or by a non-panel member and will the panel member have the opportunity to respond before a non-panel member?
Answer
These panel arrangements are non-exclusive therefore DEEWR reserves the right to negotiate with non-panel members.
197. Question
Will a panel member have the opportunity to respond before a non-panel member?
Answer
Possibly, but DEEWR will consider this on a case by case basis. Refer to 1.2.1 of the RFT which indicates that it is up to you to decide whether to tender, but if you wish to be paid to provide the services assistance and activities described in the RFT you should consider tendering.
196 Question
Can a project be delivered by a panel member or by a non-panel member?
Answer
Yes. The Panel arrangements are non-exclusive therefore DEEWR reserves the right to negotiate with non-Panel members. However, in developing new projects, DEEWR’s preference is to work with Panel Members in the first instance. Refer to section 2.6.4 of the RFT.
195. Question
If requested to "present their credentials" (refer to Case study 3, paragraph 3) to a community for their consideration by personal representation, I assume that the panel member would be reimbursed for all time and out of pocket expenses incurred?
Answer
No, generally DEEWR would expect to Panel Members to meet the cost of developing project proposals and responding to Requests for Quotations.
194. Question
If we were on a panel, if an opportunity came up, who decides how much the cost is, are there any set rates?
Answer
All project proposals are expected to meet two basic criteria, regardless of whether they are developed by DEEWR, IEP Providers or the potential beneficiaries of the proposals. All Projects must help to support the IEP’s objective and offer value for money.
When assessing a project proposal or a response to a Request for Quotation from an IEP Provider, DEEWR staff will assess the proposal, taking into account the several factors including project costs and value for money for the Government. Refer to section 2.6.3 of the RFT.
The level of payment will be negotiated with Providers on a case-by-case basis under each Official Order taking into account factors such set out in section 2.8.2 of the RFT.
193. Question
How do you get funding to carry out particular activities/projects?
Answer
Funding is determined on an individual project basis as negotiated with DEEWR.
The level of payment will be negotiated with Providers on a case-by-case basis under each Official Order taking into account factors such set out in section 2.8.2 of the RFT.
The method for claiming payments will depend on the type of Activities being delivered and the arrangements set out in the Official Order.
192. Question
If you can knock back work, how can you plan for this, how do you plan for the costs?
Answer
It is similar to the current arrangements with the current STEP Employment and Related Services Panel and it is up to each Panel Member to decide whether or not to accept an Official Orders from DEEWR.
Tenderers should note that their appointment to either Panel does not guarantee any level of business. It is therefore important that Tenderers make realistic assumptions about their projected cash flows and their working capital requirements throughout the term of the Deed(s). See sections 3.8.1 and 3.2.1 of the RFT.
191. Question
What if a proposal goes up to the panel and the panel doesn’t want to do it?
Answer
The Panels established through this RFT will be non-exclusive Panel arrangements. This means that DEEWR may also purchase the Activities usually delivered by Providers through other procurement processes and other Funding arrangements. This will allow DEEWR the flexibility to address new needs as they arise, if the existing Panels do not have the skill sets required. Refer to section 2.6.4 of the RFT.
DEEWR can also refresh the Panels at any time to allow the appointment of additional Providers, if DEEWR considers it appropriate to do so in order to effectively and efficiently meet DEEWR’s requirements, to encourage competition, or for any other appropriate reason. Refer to section 2.6.6 of the RFT.
190. Question
I am a current STEP Employment and Related Services Panel Member with DEEWR and am currently providing IEP services. Do I need to submit an indicative price for employment placing and mentoring in the current tender application (I had to do this when I tendered for the STEP Employment and Related Services Panel)?
Answer
Tenderers are not required to provide costs for the delivery of Activities in this RFT. Any costs will be negotiated between DEEWR and successful Panel Members on a project by project basis.
189. Question
The Economic Development and Business Support Panel has activities similar to NEIS, can the Department please clarify the relationship between this Panel's activities and NEIS?
Answer
The activities funded through the Economic Development and Business Support Panel may be similar to those supported through New Enterprise Incentive Scheme (NEIS). However, activities funded through either Panel are limited to supporting Indigenous Australians and may be combined with other activities funded through the Economic Development and Business Support Panel and the Employment Panel.
Both Panels will complement other Government Initiatives to increase employment and business opportunities for Indigenous Australians.
188. Question
Will an organisation be disadvantaged if, at the time they submit a response to the tender they do not indicate sub-contracting arrangements but later determine that they need to enter into such arrangements?
Answer
No. However, changes to sub-contracting arrangements can occur with DEEWR’s prior written consent after a Deed of Standing Offer has been executed. Please refer to section 3.4.3 of the Request for Tender and clause 53.3 of the Deed of Standing Offer.
Sub-contracting arrangements can also be discussed when negotiating Official Orders.
187. Question
If an organisation came to DEEWR with a preferred consultant who is not on the IEP Panel, can that consultant be engaged? This was put in the context of potential constraint of trade for Indigenous businesses. Follow up Q to initial answer: Does non-exclusivity extend to contracted Employment Services, AEC and AES providers.
Answer
The RFT allows for non-exclusivity arrangements. DEEWR generally would go to the Panel first, but can also go outside of the Panel to contract with other organisations, potentially including Employment Service Providers, AEC and AES providers. However, the preference will always to be to contract with panel members first.
Organisations which apply for assistance under IEP may receive assistance in the form of the services provided by a Panel Member, or alternatively assistance in the form of direct funding. In this case, who the organisation works with is up to them, although if they would like to sub-contract some of the activities or services they will usually be required to obtain permission from DEEWR first. Similarly, Panel Members cannot subcontract any of their obligations under its Deed(s) or any Contract without DEEWR's prior written consent.
Please refer to section 2.6.4 of the RFT (Non-exclusive Panel arrangements) and section 3.4.3 of the RFT (Subcontracting arrangements).
186. Question
What happens if a training organisation folds?
Answer
If the training organisation that has wound up is a Provider with a current Contract, that Contract may be terminated either by consent or by DEEWR exercising its rights to terminate under clause 59 of the Deeds. Where this occurs, the Provider may be asked to assist in the transition of Activities in accordance with clause 60 of the Deeds.
If the training organisation that has wound up is a sub-contractor, the relevant Provider will need to organise another subcontractor to continue providing the Activities with DEEWR's permission in accordance with clause 53.
185. Question
In relation to the Employment Panel, if a project extends past the end of the RFT period, for example 4 year apprenticeships, are there grandparent clauses for ongoing mentoring support for participants beyond the 3 year term of the current RFT?
Answer
The Deeds do have flexibility to accommodate this type of arrangement on an as needs basis. The Official Order can extend beyond the life of the Deed. The type and period of the Activities being provided will be negotiated on a case by case basis, although the current arrangement for assistance with apprenticeships does not extend past the initial two-year period.
184. Question
Are all the requisite attachments; Certificate of Incorporation; Business Name Registration and all the financial statements attached at Item 32 of the Apet Response form?
I see no capacity within the Excel spreadsheet to attach the forms.
Answer
All financial documents are attached at Part A - Financial Viability, ID references 15 and 16. As many documents as required can be attached by clicking on the 'Paperclip' icon in the eResponse menu which will provide access to the tenderers file system. Reference 28 and 32 is where a tenderer can attach up to 10 A4 pages of supporting information. See section 4.6 in the RFT for further information about what supporting information is. Please see Appendix D in the RFT for further information regarding electronic tendering and using Apet eResponse.
183. Question
Being in the process of bidding for the IEP 2009-2012, I am seeking clarification with regards to the character counting mechanism. When counting characters, should tenderers use the "with spaces" or "no spaces" tool? Either tool will give different outcomes.
Answer
Apet eResponse includes characters and spaces in the total character count for information entered in the selection criteria fields. Therefore, tenderers should use the characters (with spaces) option if cutting and pasting information from MS Word into eResponse, to check character limits. If too many characters are entered against the selection criteria field in eResponse, an error message ('Response cannot be longer than nnnnnn characters' eg "Response cannot be longer than 15000 characters") will be displayed and you will not be able to save the response until the character count is below the specified limit.
182. Question
In past tenders their organisation has had difficulty uploading financial statements into the AusTender system (due to size and number of documents). Can statements be lodged with the ICC for on forwarding.
Answer
Financial documents in support of a tender are not to be uploaded separately to AusTender or lodged with an ICC. Financial documents are to be attached in Apet eResponse under ' Part A - Financial Viability' reference A4.1 and A4.2 and these documents will then be uploaded in the file the tenderer generates (this file will have a '.arf ' extension), which is then lodged on AusTender. If the combined size of your files being lodged on AusTender exceed 20 megabytes, contact the DEEWR Hotline for advice on the best time to upload the tender. See Appendix D of the RFT for further information.
181. Question
When filling in APET, what is acceptable when you do not have a fax number – the system appears to accept 0000000000 – is this appropriate.
Answer
If a tenderer does not have a facsimile number it is acceptable to type '0000000000' in the 10 digit 'Facsimile' number field.
180. Question
Can you upload your response to the selection criteria, save it and then come back later and update it?
Answer
Yes. Apet eResponse will automatically save any changes you make to your tender response that are made directly into the text fields. However, if you have uploaded a document to eResponse and you want to make further changes to that document it is good practice to delete the old document from eResponse and attach the updated version.
179. Question
Will all appropriate information and resources be available online.
Answer
Tenderers are advised to read Appendix D of the RFT which explains the electronic tendering process. The department has also supplied a 'IEP Tenderer Workbook', which is available from AusTender with the DEEWR IEP 2009-2012 tender documentation, to further assist with completing the electronic tender documentation.
178. Question
Is there a template for referee’s reports?
Answer
Templates for referee reports are not provided.
Posted 14 April
177. Question
Tenderers that have not previously delivered employment services on behalf of DEEWR should attach two referee reports and the contact details of their referees. Having been on a STEP ERS Panel in the past, is this included in “employment services”. Do I mark it as complies and leave blank or am I required to supply two Referees?
Answer
Your membership of the STEP ERS panel is considered as providing employment services for the Department. Section 4.10.2 of the RFT says the following:
DEEWR reserves the right to consider all information contained in a tender, and any other relevant information available to it.
Past performance will be assessed primarily on the information provided in a tender. DEEWR may use any available past performance data as it considers appropriate.
However, Tenderers should not rely on DEEWR to use other information sources and should provide a comprehensive and complete set of performance information.
DEEWR may make enquiries relating to past dealings by a Tenderer with another Australian Government department or agency, or with any third party where DEEWR considers it appropriate.
DEEWR may contact any nominated referees to seek clarification of information provided in a written referee report, information on the Tenderer’s claims against the selection criteria, or general information concerning the Tenderer, including its past performance.
Current employees of DEEWR cannot provide a referee report for a Tenderer and any such report will not be considered.
DEEWR may not consider information provided in a referee report that is not relevant to the selection criteria.
176. Question
At a previous AEC function there was a commitment that DEEWR programs (STEP and STEPERS) would support the AEC, what is the relationship between STEP ERS/STEP, the IEP RFT and the AEC?
Answer
There is no formal relationship between STEP ERS/STEP, the IEP RFT and the AEC. The IEP will complement the AEC through supporting its goals and objectives. Please refer to section 2.10 of the RFT for more detailed information. Also note that the Deed of Standing Offer for the STEP ERS panel ends on 30 June 2009.
175. Question
Why would we need to be on the Panel?
Answer
If you want to get paid to provide the services, assistance and activities that the IEP Panels provide then you should consider tendering for this RFT. Refer to sections 1.2.1 and 1.2.2 of the RFT and Question 15 at www.workplace.gov.au/ESpurchasing.
174. Question
What support can organisations access for assistance with the RFT?
Answer
For probity reasons, DEEWR cannot provide assistance or advise Tenderers in regard to their tender applications.
173. Question
What is the budget for the three years for services from each panel? Will there be a limit to the number of Panel Members?
Answer
a) As stated in section 4.1.2 of the RFT, no specific value of business is attached to this procurement process. The Department of Education, Employment and Workplace Relations (DEEWR) determines how the IEP budget is spent by prioritising identified needs to match the annual budget appropriation. Therefore, the amounts spent through the IEP Panel arrangements will vary from year to year. However, as an indication only, in the calendar year to 31 December 2008, expenditure through current contracted Structured Training and Employment Projects Employment and Related Services Panel providers accounted for 33 per cent of the total IEP expenditure. Minister O’Connor’s Media release of 16 March 2009, includes the following statement ‘the Government announced in December it has committed $764 million over five years to IEP.’
A: b) No.
172. Question
Would there be support available for Indigenous organisations via initiatives like ISBF to prepare their response?
Answer
For probity reasons, DEEWR cannot provide assistance or advise Tenderers in regard to their tender applications.
171. Question
Will organisations applying for the Economic Development & Business Support Panel be viewed more favourably if they are certified e.g. Certificate IV?
Answer
No. The only eligibility requirement for organisations tendering for this RFT is that they have a current Australian Business Number (ABN).
170. Question
Do all projects have to go through the request for quotation process?
Answer
Please refer to section 2.6.3 of the RFT for information about the Panels and how they operate.
The RFT provides information about projects in that they can be initiated through a DEEWR request for quotation or via an approach by the provider to DEEWR.
169. Question
Can we wait until 2012 to apply for IEP?
Answer
It is up to each person and organisation to decide whether to tender to become a Provider for one or both Panels. Neither the Government nor DEEWR can advise you whether you should tender. You should read the RFT carefully before you make a decision. Refer to sections 1.2.1 of the RFT.
Please note that this RFT is for the purpose of appointing Providers to two IEP Panels for the period from 1 July 2009 to 30 June 2012. Please refer to sections 2.6.5 and 2.6.6 of the RFT for provisions about the duration of the Panels and refreshing the Panels.
168. Question
Will projects be industry based?
Answer
Some projects may be industry based. Please refer to Sections 2.2 and 2.3 of the RFT.
167. Question
In relation to service delivery a focus on achievement of employment outcomes will have an impact on payment arrangements to providers and how will this work in a current economic environment?
Answer
Service delivery and payment arrangements will be negotiated on a case by case basis depending on the requirements of the project on local circumstances.
166. Question
What is they earliest time you can submit a tender?
Answer
You can submit a tender any time now that the tender is open but you need to make your own decision about the most appropriate time to do so and remember that the closing date is 24 April 2009.
165. Question
If working within subcontracting arrangements, will projects be capable of operating as of 1 July?
Answer
That will vary from organisation to organisation.
164. Question
Do Panel Members need to have projects planned as of 1 July 2009?
Answer
A: No.
163. Question
What electronic reporting system will be required to report on IEP Activities? Will the IT system used be EA3000 or will another system be required?
Answer
Panel Members will not be required to have any electronic reporting system to report on IEP Activities.
162. Question
If a tendering organisation changes its legal/trading name will this affect the RFT?
Answer
If it is purely a change of the legal/trading name for an organisation this will not affect the tender process. However, if the name change is reflective of the fact that the business of the tendering organisation has been passed to a new or different legal entity then this impacts the tender.
If the business of the tendering organisation has been passed to a new or different legal entity:
- before the tender closing date, the new or different legal entity must submit a tender (including all required financial information) to be considered;
- after the tender closing date but before the execution of Deeds of Standing Offer, while it is not expected that legal entities will be changed during the time that tenders are being considered by DEEWR, requests for a change to the legal entity will be considered on a case by case basis. The financial viability of the alternative proposed contracting entity will be assessed in accordance with section 3.8 of the Request for Tender and DEEWR will not re-assess the original tender response in any other respect, in particular, in terms of the Tenderer's responses to selection criteria. The Tenderer will not be permitted to provide new information that would allow it to improve or modify its bid in any qualitative way;
- after the execution of a Deed of Standing Offer, the Deed of Standing Offer may be transferred subject to DEEWR's permission (clause 54 of the Deed).
161. Question
Are there costs associated with downloading software and applications as required by the tender process?
Answer
The Lange Software is available free of charge to tenderers. Tenderers' own internet costs will apply when downloading the Lange software.
160. Question
I note the response to question 83 is that the APET has not been upgraded since the last ES RFT, but has modified to specifically serve the purpose of the IEP RFT.
It is our understanding that the previous APET software with the ES RFT allowed for validation at various points in the process of responding electronically to mandatory requirements of the RFT, as well as responding to the selection criteria. This enabled tenderers to check for correctness, accuracy and word limitations in responding to the selection criteria. Is there a reason why this version of the APET for the IEP RFT does not allow for validation check points, throughout the process of completing the requirements?
Answer
Apet eResponse for the IEP Tender, provides character validation for information entered against the selection criteria for both panels. If the character limit is exceeded, an error message 'Response cannot be longer than nnnnnn characters' eg "Response cannot be longer than 15000 characters") will be displayed and you will not be able to save the response until the character count is below the specified limit. The mandatory fields also validate to ensure that information is entered into APET meets the requirements.
159. Question
[What] Is a basis for a credit check?
Answer
The financial viability of all tenderers is taken into consideration as part of the tender assessment process.
Posted 9 April
Posted 8 April
158. Question
Is a credit check for an organisation or an individual?
Answer
DEEWR may do further financial and/or credit checks on organisations and individual business owners during the life of the Standing Offer.
157. Question
If you’re not tendering for a group, do you just fill out the individual component?
Answer
Yes.
156. Question – please note this was updated on 14 April
Are there Performance Bonuses?
Answer
This will depend on the type of payments negotiated, and subsequently, formalised in an Official Order.
155. Question
If someone wins a contract, will they have to acquit it?
Answer
This will depend on the type of payment schedule documented in the Official Order.
154. Question – please note this was updated on 14 April
What happens where communities lack provision of services?
Answer
The Government has directed DEEWR to work with individuals and communities who will be assisted by IEP Providers to develop Projects that will meet the needs of those individuals and communities. As labour market needs are identified, DEEWR will determine which Providers (if any) to approach to discuss the required Project. DEEWR staff may approach IEP Providers informally to discuss a proposal, or may do so more formally through a Request for Quotation.
Also, IEP Providers may approach DEEWR directly with suggestions for Projects but they should be aware that DEEWR is not required to respond to proposals from Providers where DEEWR has not requested the proposal.
DEEWR can also refresh the Panels at any time to allow the appointment of additional Providers, if DEEWR considers it appropriate to do so in order to effectively and efficiently meet DEEWR’s requirements, to encourage competition, or for any other appropriate reason. Refer to section 2.6.6 of the RFT.
Refer to sections 2.1 and 2.6 for more detailed information.
153. Question - please note this question was updated on 9 April
If we opted not to put in a tender, can we contact a panel member or do we put in for an ISBF?
Answer
If you or your organisation does want to receive the services, assistance and activities described in this RFT (or other IEP services), you will be able to do so by contacting DEEWR or IEP providers directly.
The Government will make further announcements about how to access the reformed IEP before 1 July 2009.
152. Question
The Racial Discrimination Act excludes the recruitment of individuals but what about a wholly Indigenous organisation? This organisation understands that the IEP is there to help indigenous individuals but would like to set up a wholly Indigenous organisation, and wants to know if that would be considered discrimination. Eg if Caucasians set up an organisation and said it is to help Caucasians only, that would be considered discrimination. Would an Indigenous only one be considered discrimination?
Answer
Each tenderer is assessed on the merits of their submission, and the ‘racial makeup’ of the organisation is immaterial to the tender assessment process. Potential tenderers should seek their own legal advice if they are concerned about whether certain conduct would be in breach of anti-discrimination law. DEEWR is unable to provide legal advice to potential tenderers.
151. Question
Will DEEWR provide an MS Word document template for the selection criteria response that will be uploaded in eResponse?
Answer
Word document templates will not be supplied by DEEWR for tenderers to respond to the selection criteria. Tenderers are required to respond to the selection criteria at either Part D 'Employment Panel' or Part E 'Economic Development and Business Support Panel', or both, by entering information directly into the tender application in Apet eResponse. Please see Chapter 4 and appendices D and E in the RFT for further information about how to respond to the selection criteria.
150. Question
If tendering for two panels, do you need to put in two separate tenders and therefore do you need to include your organisation’s details twice?
Answer
Tenderers are not required to submit two separate tenders if tendering for both panels and therefore are not required to include organisation details twice. In 'Part A, Tenderer Details' of the tender application in Apet eResponse, tenderers select both panels if tendering for both panels. At 'Part D' of the tender application form in Apet eResponse, tenderers are required to provide information if tendering for the Employment Panel. In Part E, tenderers are required to provide information if tendering for the Economic Development and Business Support Panel.
149. Question
At the bottom of section 16.3 of the Financial and Credentials Information Form the following statement appears: ‘Please ensure you include at the top of the first page of each attachment the name of your organisation and the section number of this form to which the attachment relates.’ Does the same instruction apply to the 10 A4 pages?
Answer
The instruction contained in the Financial and Credentials Information Form relates only to that form. There are no requirements in the RFT for the tenderer to include a header in the 10 A4 pages of attachment(s). The onus is on the tenderer to satisfy themselves as to the correctness and sufficiency of their tender, as noted at 3.5.1 of the RFT.
Section 4.6 (page 40) of the IEP RFT states ‘To support their tender, Tenderers may provide attachment(s) of up to 10 A4 pages for each Panel for which they are tendering. The attachment(s) should clearly state, by cross-reference, the part of the tender to which the attachment(s) relate’.
148 Question
Can you include tables in the free text fields?
Answer
Yes, tenderers can include tables in response to selection criteria for both panels at Part D and Part E of the tender application in APET eResponse. The eResponse will allow a table to be inserted as long as it contains characters and does not contain any diagrams, images or graphs. The characters, punctuation marks and spaces in a table will count towards any character limit for the free text field.
Section 4.6 (page 40) of the RFT states ‘To support their tender, Tenderers may provide attachment(s) of up to 10 A4 pages for each Panel for which they are tendering. These attachment(s) are in addition to any referee reports and the files that are to be uploaded in response to selection criteria. These additional attachment(s) can include images, diagrams, tables, or graphs. The attachment(s) should clearly state, by cross-reference, the part of the tender to which the attachment(s) relate. These attachment(s) are not an opportunity to exceed the character limits on the Tenderer’s statements against the selection criteria in the electronic tender response form’.
Posted 7 April
147. Question
Is there a turnaround time for the assessment and response to proposals?
Will there be feedback given to allow time for revision and resubmission of unsuccessful proposals.
Answer:
The department will assess and respond to projects proposals from Panel Members as quickly as it can. The response time will be dependent upon a number of factors, including:
- The number of other proposals the department is processing at the time.
- The completeness of the proposal received by the department. If proposals are incomplete or unclear, then it is likely to take more time to assess the proposal because the department will have to ask the organisation for more information.
- Panel Members will generally have the opportunity to re-submit proposals to the department to reflect the feedback provided to them.
- The complexity of the proposal. For example, proposals which cross State or Territory boundaries will mean that the department will have to consult with DEEWR staff in different offices before making a decision.
Please refer to The Panels - Overview, Section 2.6 of the RFT, in particular How the Panels will operate at Section 2.6.3.
146. Question
Will participants be eligible to participate in multiple projects?
Answer:
It is possible and would be considered on a case by case basis. If the participant is being assisted by a JSA provider then this would need to be reflected in the participant’s Activity Agreement.
Businesses could have multiple contracts but where possible DEEWR will limit the number of contacts and contracts an organisation has to manage.
145. Question
If successful, can a Panel Member adjust the activities from their tender at a later date if business circumstances change.
Answer:
Yes. As noted in section 2.1.2 of the RFT Successful Tenderers will be able to indicate a preference to deliver one or more of the groups of activities described in Tables 2.1 and 2.2 but it is important to note that they will not be limited to delivering only those activities. After the Panels have been established, a Panel Member may ask DEEWR to change its preference.
144. Question - please note this was updated on 15 April
How can we provide qualitative data on our relationship with Employment Service Providers when we don't know who the successful tenderers will be under the Universal Employment Services Tender?
Answer:
The selection criteria for the Employment Panel includes as criterion 2 'Describe your strategies for developing and managing Employment Panel Activities, including your experience and capacity to work collaboratively with employers, Indigenous Australians, employment service providers and other stakeholders such as community organisations, training organisations and state and territory-funded providers.' It is a matter for you how you address the criteria, your response could reflect your skills and capacity to work collaboratively employment service providers (and others) generally, rather than with particular future employment service providers specifically. Note that the names of successful tenderers to provide Job Services Australia Employment Services is available on the Workplace Website at: http://www.workplace.gov.au/workplace/Publications/News/AnnouncementofTenderresults.htm
143. Question
Having only been with this organisation for Three [3] weeks I know that I will need some assistance with completing the application for this program. Can you please advise who in this area might be of assistance to us in this area?
Answer:
You should talk with someone else in your organisation. For probity reasons, DEEWR cannot assist or advise Tenderers in regard to their tender applications.
142. Question
We have a long and continuing relationship with DEEWR. It would be unreasonable for us to list all of the examples in this space. For the purpose of this criterion is it really necessary for us to provide you with all of the instances of our relationship?
Answer:
It is the Tenderer’s responsibility to provide relevant evidence (and to decide what evidence is relevant) to substantiate the Tenderer’s claims set out in their response to each criterion they are addressing. Tenderers may choose to describe and provide information, including specific examples of working with a range of clients and stakeholders as described in criterion examples in sections 4.8 and 4.9 of the RFT.
141. Question
Will DEEWR issue guidelines on whether to use IBA or IEP as there are similarities in the programs?
Answer:
The Department will issue guidelines about the reformed IEP but it will be up to individuals to determine which program is best suited to their particular circumstances. It is also important for the potential recipients of reformed IEP services to be aware of other programs from which they are eligible to receive assistance (regardless of whether they are administered by DEEWR, other government agencies, state or territory governments, or private enterprises) and to make decisions about what organisation(s) will best meet their needs.
Refer to Section 2.10 of the RFT.
140. Question
Will DEEWR approach multiple providers with a Request for Quotation?
Answer:
[Refer to section] 2.6.3. DEEWR staff may approach IEP Providers informally to discuss a proposal or may do so more formally through a Request for Quotation. IEP Providers may also approach DEEWR directly with suggestions for projects.
139. Question
Can you clarify how refreshment of the panel will occur, and why this would be necessary?
Answer:
Refer to Question 30 at www.workplace.gov.au/ESpurchasing. DEEWR reserves the right to make further approaches to the market to allow the appointment of additional Providers, if DEEWR considers it appropriate to do so in order to effectively and efficiently meet DEEWR’s requirements, to encourage competition, or for any other appropriate reason. Any further approach to the market will be made in accordance with Commonwealth Procurement Guidelines. Refer to section 2.6.6 of the RFT.
138. Question
Will Panel Members have the opportunity to update their business throughout the 3 years once they have been approved?
Answer:
Yes. As noted in section 2.1.2 of the RFT Successful Tenderers will be able to indicate a preference to deliver one or more of the groups of activities described in Tables 2.1 and 2.2 but it is important to note that they will not be limited to delivering only those activities. After the Panels have been established, a Panel Member may ask DEEWR to change its preference.
137. Question
Will the Charter of Contract Management apply?
Answer:
The department will review the need for a charter of contract management for the Panels.
136. Question
What is the relationship between the AEC and the IEP?
Answer:
Please refer to section 2.10 of the RFT for more detailed information.
135. Question
Can you please advise of the process required to notify DEEWR of a conflict of interest i.e. who do we contact and their details and should this be in writing or verbal.
Answer:
In the first instance, contact the Employment Services Purchasing Hotline and let them know about the potential conflict of interest. Arrangements will then be made for the Probity Coordinator to contact you to discuss what action, if any, should be taken.
134. Question
Can you be more specific when final tender results will be out rather than June 2009?
Answer:
The timetable is on page iii of the IEP RFT .
133. Question
Will DEEWR provide guidelines as to the payments for particular services and outcomes in a request for quotation?
Answer:
Payments are negotiated on a case-by-base, project-by-project basis.
132. Question
Do ESA divisions still apply?
Answer:
Membership of the panel is not ESA based; however, successful tenderers will have the opportunity to indicate their preferred service area.
131. Question
How useful are these services going to be in a town like Brewarrina? I have some concerns over whether this will work in Brewarrina.
Answer:
The activities and services that were outlined in the presentation and in the RFT are examples only of what you might consider offering. You need to consider the strategies and services you think will work and then incorporate them in your response. You may also use the examples provided if you consider them appropriate.
130. Question
Is there any guarantee of being contracted to deliver a service once you are accepted to a panel and is this a fee for service arrangement?
Answer:
There is no guarantee that you will be contracted to deliver a service, however you would be considered before an organisation that was not on the panels. It will be similar to a fee for service arrangement. You may submit a proposal for a project to DEEWR, or DEEWR might approach you to discuss a proposal. Agreement may then be reached via an Official Order.
129. Question
[We] currently employ an Indigenous Economic Development Officer under EIEI and the organisation is also a PSP with IBA. If the organisation is a successful panel member will receipt of this program funding be considered as duplicate funding?
Answer:
The RFT provides information about duplicate funding. Any service delivery will be negotiated by DEEWR on a case by case basis including payment arrangements
128. Question
Will the list of successful panel members be published? If so will it specify whether they are Indigenous organisations?
Answer:
Part 1
Yes.
Part 2
No.
127. Question
Is there a project template for an activity proposal and will it be made available?
Answer:
DEEWR is currently developing a template for project proposals. This will be available to new Panel Members when the results of the RFT process are announced.
126. Question
Is there an overlap in terms of support services for small businesses so that people are less likely to fall through the gaps?
Answer:
The Panel gives a chance for more support for Indigenous small businesses as it will create a new pool of organisations to undertake projects.
125. Question
Will DEEWR request services from Panel Members in the first instance prior to consulting those outside the panel?
Answer:
As stated in section 2.6.4 ‘In developing new Projects, DEEWR's preference is to work with Providers in the first instance.’ However, as explained in the same section of the non-exclusive nature of the Panels does provide DEEWR with the flexibility to purchase outside the Panel if necessary.
Section 2.6.4 also states that: ‘It is important to note that, by successfully tendering to become a member of one or both Panels, an organisation sends a strong message to DEEWR about its commitment to assisting Indigenous Australians as well as its capacity to provide the necessary services.’
Refer to Question 89 on the workplace site for related information.
124. Question
If successful, can a Panel Member adjust the activities from their tender at a later date if business circumstances change?
Answer:
Successful Panel Members will be able to indicate a preference to deliver one or more of the groups of activities described in Tables 2.1 and 2.2 but they will not be limited to delivering only those activities. Refer to Section 2.1 of the RFT for more information.
If, over the term of the Deeds of Standing Offer a Panel Member wanted to change their, they could do so by contacting DEEWR.
Refer to Questions 91 and 92 on the workplace site for related information.
123. Question
What happens after 1 July 2009, will there be a series of rolling starts for projects? Can you submit your proposal at any time?
Answer:
Projects will commence progressively from 1 July 2009.
Project proposals may be submitted as soon as organisations have been notified of the outcome of the RFT process by DEEWR but projects cannot commence until after the Deeds have been executed and an Official order has been negotiated and executed. from 1 July [2009].
122. Question
Would it be likely under the new panel arrangement that a proposal for funding would include other funding sources apart from DEEWR?
Answer:
Depending on the nature of the proposal it is possible that other sources of funding would be used - it would depend on the scope of the proposal and would be considered on a case by case basis. The funding provided by DEEWR would only be available for activities and services under the scope of one or both of the Panels.
121. Question
What is the relationship between these panels and the activities undertaken by IBA – will the panels be undertaking activities previously done by IBA?
Answer:
There is no formal relationship between the panels. Refer to the section on IBA in section 2.10.2 of the RFT.
120. Question
What is meant by ‘refreshing the panels’ and what are the implications for the panel members?
Answer:
Refreshing the panels is the process that DEEWR would undertake to add new organisations to one or both of the Panels. Refer to Section 2.6.6 of the RFT.
119. Question
How will DEEWR guarantee value for money, and what steps will be taken in terms of monitoring the effectiveness of programs?
Will this information made available to other panel members to help improve Indigenous Employment Services?
Answer:
Value for money is the best combination of quality of services, price and other factors (including diversity and meeting the needs of specific client groups) and minimal risk exposure for the Government.
Value for money is the guiding principle in the selection of Panel Members in this tender process and, when the panels have been established, in the assessment of proposals from Panel Members. The RFT contains numerous references to value for money, including at sections 2.1, 2.6, 3.7 and 4.10.
DEEWR’s responsibilities include measuring the performance and quality of the provision of activities against requirements, including Key Performance Indicators set out in individual Official Orders.
In addition, an Independent Reference Group is being established to advise the Government on delivery of the IEP (section 2.7).
The department will promote examples of best practice to Panel Members in a variety of ways over the term of the Deeds of Standing Offer.
118. Question
How will good projects be determined?
Answer:
If you are selected as a panel member you can come to the Department with suggestions and similarly we might go to you.
The Department determines the specific need and/or location and may consider preferences. For eg: it might be something that emerges in a particular community and we may go to only one panel member, where we will take into consideration preferences, locations and services nominated after the tender process.
117. Question – please note this was updated on 14 April
How do you identify an organisation as 'Indigenous'?
Answer:
The policy intent of the Economic Development and Business Support Panel arrangements is to support Indigenous businesses and organisations. The usual criteria DEEWR will apply is: The Indigenous business organisation must have a minimum percentage of Aboriginal or Torres Strait Islander members:
- organisations with 5 or more members—at least 51% of their members must be Aboriginal or Torres Strait Islander people
- organisations with 2 to 4 members—all but one of their members must be Aboriginal or Torres Strait Islander people
- organisations with 1 member—that member must be an Aboriginal or Torres Strait Islander person
116. Question
[Will there be] is there a formal appeal process [for unsuccessful tenderers]?
Answer:
No the Departments decision is final. However, you are encouraged to book a debriefing session to discuss the strengths and areas of improvement relating to your bid.
115. Question
It is stated in the RFT that tenderers must have professional indemnity of $5 million dollars in respect of each claim. This is not consistent with other Government agencies e.g. IBA is an aggregate of $3 million. Many smaller businesses do not have this level of cover. Is there any reason for this? Is there any possibility of it being less?
Answer:
The level of professional indemnity insurance for the two Panels for the Indigenous Employment Program 2009-2012 is consistent with the level that the Department is requiring for Providers of Employment Services 2009-2012. We note that section 3.9.6 of the IEP RFT states that 'Successful Tenderers will be required to obtain and maintain the insurance specified in the Deed(s)'. Section 3.9.2 also states that DEEWR's offers of appointment to the Panel(s) are made on an 'all or nothing' basis. However, 'Where extenuating circumstances arise, DEEWR may consider, on a case-by-case basis, a request for a variation to the terms and conditions of the Deed(s)'.
Criterion 3 for both IEP Panels also states that tenderers must indicate how they will ensure compliance with the Deed, and they may describe and provide information on how they will comply with the terms and conditions of the Deed of Standing Offer, including insurance requirements. This means you can still submit a tender if you think you cannot meet the insurance requirement but should specify why you cannot meet it and what alternate requirement you could meet. The Department can then consider this along with other factors either in assessment of your tender or in contract negotiations for the Deed as a whole or at the Official Order stage.
114. Question
What happens when DEEWR ask different Panel Members to submit a Proposal for a project when those PMs sub contract to each other?
Answer:
Section 3.4.3 of the Request for Tender contemplates that some Tenderers may want to deliver Activities through Subcontractors and goes on to state that Providers can only subcontract Activities with the permission of DEEWR. The Request for Tender does not exclude Panel Members from being subcontractors for other Panel Members. Following receipt of proposals for a project, DEEWR will contract with one Provider who can then seek approval from DEEWR to subcontract activities.
113. Question
Will there be ability for panel members to work together, as this is currently discouraged by DEEWR under the STEP ERS arrangements?
Answer:
Yes. The RFT for both Employment Services and IEP mention the need for strong collaborative arrangements between IEP, Universal ES and CDEP to service Indigenous clients.
Section 2.10.1 of the RFT states: IEP Providers are encouraged to establish relationships with a range of organisations to maximise Indigenous employment in jobs within the local and the wider community and within their organisation.
This could include working with Employment Services providers, Indigenous communities, employers and community service organisations as well as with other Panel Members as circumstances require.
112. Question
If an organisation is not a panel member can they still be offered a contract by DEEWR to deliver IEP services?
Answer:
The Panels established through this RFT will be non-exclusive Panel arrangements. So, DEEWR may also purchase the Activity usually delivered by Providers through other procurement processes and other Funding arrangements. This will give DEEWR the flexibility to address new needs as they arise, if the existing Panels do not have the skills required.
Posted 3 April
111. Question
Will existing contracting arrangements remain?
Answer:
Yes. There will be further information made available on transition. There will be ongoing communications with Indigenous job seekers, businesses and existing IEP providers throughout the transition period.
Transition activities must be consistent with the design of the reformed IEP, while honouring existing contractual obligations.
Refer to Section 2.9 of the RFT
110. Question
Will the panel arrangements be flexible to accommodate local areas or be more generic?
Answer:
A proposal can be developed to specifically meet local needs, or could be more generic. The IEP RFT is seeking national coverage. When they are appointed to the panel, Panel members can indicate if they have a preference to deliver Activities in particular locations. So, after the Panels are appointed activities can be developed specifically for particular areas.
Refer to Sections 2.1 and 2.6 of the RFT.
109. Question
There is mention in the RFT of working with schools. What is the youngest age that you can work with under this?
Answer:
The minimum working age in each state varies, it is up to the Provider to be aware of the legislation in each state in which they may be providing services. However any provision of services should not contradict legislation dealing with compulsory schooling.
108. Question – Replaces Question 21
Will employment service providers be able to participate on the panel? And will they be able to refer job seekers to themselves?
Answer:
Any organisation that wishes to apply for these panels may, including employment service providers.
When negotiating an Official Order with a Panel Member, DEEWR staff will take a number of matters into consideration, including outcome payments and participant eligibility requirements for the specific project.
Depending on the nature of a particular project proposal there may be circumstances where an Employment Service Provider and an Indigenous Employment Program Provider is maintaining two programs regarding the same jobseeker. Payments for IEP would be negotiated in the Official Order taking into account all the circumstances. Please refer to clause 23.2 in the Deed.
107. Question
Has DEEWR considered intellectual property?
Answer:
The draft deed in your RFT has a clause on intellectual property – see page 190
Posted 2 April
106. Question
Is the Department going to publish Question and Answers from IEP RFT information sessions as Addenda on the AusTender website, or exclusively on the ES Purchasing webpage?
Answer
Q&A’s to be published on ES Purchasing webpage only. [Formal addendum to the RFT will be issued via AusTender].
105. Question
How can such an assessment be determined when there does not appear to be any capacity within the tender document to outline potential hourly/daily rates?
Answer
Section 4.10 of the RFT provides more information about ‘value for money”: The overriding principle guiding the selection of Tenderers will be value for money to the Australian Government. The three supporting principles of value for money are: encouraging diversity and competition, efficient, effective and ethical use of resources, and accountability and transparency. Value for money is the best combination of quality of services, price and other factors (including diversity and meeting the needs of specific client groups) and minimal risk exposure for the Government.
104. Question
I would like clarification on the independent reference group which will advise DEEWR. Will it be fully independent of DEEWR? What geographic coverage does the group have? Who are the members and what is its organisational structure? How does the Indigenous community have input into the reference group?
Answer
The Government will make further announcements on the Independent Reference Group later in the year.
103. Question
Do Tenderers need to include the service fees in the tender response?
Answer
No, Tenderers do not need to include service fees in their response.
102. Question
We currently have a number of STEP ERS Official Orders that are contract managed by the State Office in the State the Activity takes place in. Under the new panel arrangements if a panel member has Activities in various states will they be managed centrally from one office?
Answer
Refer to Section 2.6.3 of the RFT. This would be a subject for discussion when the Official Orders are being negotiated. Where a provider is contracted for IEP projects in more than one state, the DEEWR representative specified in the Deed(s) will be the DEEWR Account Manager (AM). The AM will usually be located in the state, territory or district office servicing the Provider’s head office.
101. Question
How will Economic Development Officers (EDO)’s-many currently funded through EIEI and ISBF- be funded in the future if EIEI and ISBF are amalgamated into a tender?
Answer
The assistance currently available through the Emerging Indigenous Entrepreneurs Initiative (EIEI) and the Indigenous Small Business Fund (ISBF) will continue to available through the reformed IEP either directly through contracts with the department or through projects funded by the department and run by Panel Members.
100. Question
If government agencies and Aboriginal councils can apply for the tender to secure resources to employ EDO’s, will smaller private companies have the same opportunity or will they be denied the opportunity because they are not an Aboriginal organization or a state/territory government?
Answer
All organisations, including community-based organisations, private sector and industry groups, seeking to identify and build sustainable Indigenous employment and enterprise opportunities may be eligible for assistance. Proposals will be considered by the department on a case by case basis.
It is not necessary to be a member of either Panel to apply for IEP funding. As stated in section 1.2.1 of the RFT, the Government will make further announcements about how to access the reformed IEP before 1 July 2009.
99. Question
What if an Aboriginal council just wants to apply for one off funding through ISBF or EIEI and not bother about the tender. What do they do if they are not on the panel? Will EIEI and ISBF still be available as a general access program? If it is not, it will substantially disadvantage a disproportionate number of Aboriginal councils and communities who are dependent on these funding streams.
Answer
Please refer to the following extract from section 1.2.1 of the RFT:
When considering whether to tender to become an IEP Provider, it may help if you consider these two questions:
Do I want to be paid to provide the services, assistance and activities described in this RFT?
If you answer 'yes', then you should consider tendering for this RFT. You may also want to consider whether you would like to lodge a tender collectively with another organisation or organisations (see section 3.4 for further information).
Do I, or does my business, want to receive the services, assistance and activities described in this RFT?
If the answer is 'yes', then it is not necessary for you to tender for this RFT (although you may tender, if you would like to).
If you or your organisation does want to receive the services, assistance and activities described in this RFT (or other IEP services), you will be able to do so by contacting DEEWR or IEP Providers directly. The Government will make further announcements about how to access the reformed IEP before 1 July 2009.
98. Question
Will existing contracts under Emerging Indigenous Entrepreneurs Initiative (EIEI) and Indigenous Small Business Fund (ISBF) will be the last of this type (and not renewed)?
Answer
The assistance currently available through the Emerging Indigenous Entrepreneurs Initiative (EIEI) and the Indigenous Small Business Fund (ISBF) will continue to be available through the reformed IEP either directly through contracts with the department or through projects funded by the department and run by Panel Members. The outcome of this RFT process will not affect existing contracts under the current EIEI and ISBF elements of the IEP.
97. Question
In future, will Economic Development projects currently being worked on, and others envisaged, be handled exclusively through the IEP process?
Answer
Contracts for Economic Development projects which are currently funded through the EIEI and ISBF programs will continue to be funded for the duration of the contract. From 1 July 2009, Economic Development projects will be assessed for funding under the new IEP.
96. Question
Is this tender open to overseas organisations?
Answer
Yes. Refer to page 23 of the RFT Chapter [3, Section] 3.4.7.
95. Question
Is there any particular weighting for the selection criteria?
Answer
No. The selection criteria have equal weighting. [Refer to Section 4.4.1 of the RFT]
94. Question
Can panel members sub-contract?
Answer
Yes. Refer to Section 3.4.3 of the RFT.
93. Question
Does the Employment Panel replace the Job Network Provider?
Answer
No. Employment service providers and IEP providers are encouraged to work together to maximise employment opportunities for Indigenous Australians. [Refer to Section 2.10 of the RFT]
92. Question
Do you have to undertake all elements in the four groups shown in Tables 2.1 and 2.2?
Answer
No. This is a list of indicative activities only. [When they are appointed to a Panel, successful Tenderers will be asked to indicate preferences to deliver Activities focused on one or more of the areas of activity. Refer to Sections 2.6, 2.2.2 and 2.3.2 of the RFT.]
91. Question
Can a panel member still apply to deliver a project even though it may not come under their scope?
Answer
Yes. There are a number of circumstances where this may occur.
The Panels have been designed so that there are no strict set of limited activities that IEP providers are required to deliver so if a Provider’s ability to deliver services changes, they can inform DEEWR. IEP Providers may approach DEEWR directly with suggestions for projects. In some limited circumstances, IEP providers may be contracted to undertake activities from the ‘other’ Panel where this provides the most sensible approach in terms of achieving the desired outcomes. Refer to Sections 2.1 and 2.6 of the RFT.
90. Question - please note this answer was amended on 3 April
Do existing Panel Members need to submit a new tender?
Answer
Yes. The current IEP Panels end on 30 June 2009 and the reformed IEP will commence on 1 July 2009. If current Panel members want to provide services under the reformed IEP they will need to submit a tender. Current contracts for projects with STEP ERS Panel Members which run beyond 30 June 2009 will not be affected by the outcome of this request for tender process.
89. Question
Can you clarify that if an organisation is approved through tender process to be a panel member that this does not necessarily mean that business will be offered to them by DEEWR?
1a. The work it takes to submit a tender does not guarantee business.
1b. If an organisation can provide the service other than a panel member then will
DEEWR contract them rather than the panel member?
Answer
1a. Section 4.1.2 of the RFT states that Tenderers are not guaranteed any business if they become an IEP Provider.
1b. Yes. Refer to Section 2.6.4 of the RFT. The two Panels established through the RFT will be non-exclusive Panel arrangements. These arrangements will provide DEEWR with the flexibility to purchase outside the Panel if necessary. In developing new IEP projects, DEEWR’s preference is to work with Providers in the first instance.
Posted 1 April
88. Question
Is the 'personal accident' insurance requirement in addition to 'public liability' insurance?
Answer
Yes. Public liability insurance is required under clause 49.1(a) of each Panel Deed of Standing Offer. In relation to personal accident insurance, section 3.9.6 of the Request For Tender states 'DEEWR is currently considering arrangements for personal accident insurance and may require that Providers purchase personal accident insurance that covers Participants for accidental injury or death in the course of Activities'. If DEEWR decides to require that Providers purchase personal accident insurance this will become an additional requirement in the Deeds of Standing Offer and/or in Official Orders for a particular project.
87. Question
Will there be separate panels making the judgements, are the same people assessing the both panels.
Answer
Section 4.10.1 of the RFT states “The tender evaluation process will involve:
- DEEWR staff with appropriate expertise, training and regional knowledge who will assess the Tenderer’s financial viability and
- responses to the selection criteria and make recommendations
- a committee of senior DEEWR managers who will oversee the process and review the recommendations, and
- the DEEWR delegate, who will consider recommendations and make final decisions.”
86. Question
In relation to the Deeds of Standing Offer for both panels, are they identical?
Answer
The Deeds of Standing Offer are very similar, and many clauses are identical. There are some differences mainly due to the fact that the Activities to be provided under the Employment Panel are more likely to be Participant based than Activities to be provided under the Economic Development and Business Support Panel. Some examples of clauses with differing requirements are clause 14 relating to criminal records checks, 22.4 relating to charging for the Activities, 24 relating to varying payments, 46 relating to access to records, 57 relating to remedies for breach and 60 relating to transition arrangements. The Official Order templates at Annexure 2 of each Deed are also different, reflecting the different types of Services to be conducted under each Panel. Different definitions regarding the Services can be found in Annexure 3.
Note: this does not constitute legal advice - in responding to the tender and if successful you should obtain your own legal advice.
85. Question
Can current STEPERS providers be approached to sub-contract to deliver Projects?
Answer
Yes.
84. Question
What is the difference between the Innovation Fund and the IEP Panels?
Answer
The Innovation Fund is not specific to, although can deliver projects for, Indigenous Australians.
83. Question
Has APET been upgraded since the ES RFT?
Answer
No. However, this version of APET has been modified so it is specific to the IEP RFT.
82. Question
Is there a preferred font for tender submissions?
Answer
No.
81. Question
With regards to financial statements and the requirement for three years of trading, what is the provision when the business has only been operational for 18 months?
Answer
The onus of proof is on a Tenderer to satisfy DEEWR of its financial viability. Tenderers should provide all available information that is requested in the RFT. If an organisation only has financial statements for one year available then these should be provided. Refer to section 3.8.2 of the RFT for further information requirements.
80. Question
We are a new organisation. We are unclear of what financial viability is?
Answer
The objective of the financial viability process is to determine, on the basis of information provided with the tender, whether the Tenderer may be considered financially viable to meet the service requirements of the RFT, and whether there are any circumstances that may adversely affect the Tenderer’s ability to meet its contractual obligations to supply services for at least the period of the Deed(s). New organisations should provide independent supporting evidence of their financial capacity and start-up capital in addition to any other available information requested in the RFT. Refer to section 3.8.2 of the RFT for further details.
79. Question
When applying for the tender, what will happen if the ATO is still processing an organisation’s (or a member of the consortium) tax from a previous financial year.
Answer
The processing of an organisation's tax return has no bearing on the assessment of the organisation's tender, unless the organisation has tax liabilities that are unable to be paid.
78. Question
Can more than one organisation identify itself as a lead tenderer, if separate tenders are put in by each organisation, where organisations want to collaborate (not as a consortium though) across a region?
Answer
A Tenderer must not compete against itself for Panel membership by submitting alternative tenders, including where a Tenderer retains its legal identity as a member of a Tendering Group. That is, a Tenderer cannot submit a tender for a Panel as an individual entity and a tender for the same Panel as a member of a Tendering Group. Refer to section 3.4.8 for further information.
77. Question
Our company policy is not to provide financial statements in tenders and we are on a number of Government tenders. Is there some alternative to providing financial statements?
Answer
The onus of proof is on a Tenderer to satisfy DEEWR of its financial viability. If a Tenderer does not provide all requested information, particularly financial statements, DEEWR may not be able to make an assessment, or the assessment may be adversely affected. In these circumstances, DEEWR may exclude a tender from further consideration. Refer to section 3.8.1 and 3.8.2 of the RFT for further information.
76. Question
Question 14 asks, Tenderers that have not previously delivered employment services on behalf of DEEWR should attach two referee reports and the contact details of their referees.
Having been on a STEP ERS Panel in the past, is this included in “employment services”.
Do I mark it as complies and leave blank or am I required to supply two Referees?
Answer
The IEP RFT does not stipulate that tenderers are required to provide referee reports.
Question 4.1 of Appendix E - ProForma of Electronic Tender Application states: "Tenderers may attach two referee reports and the contact details of the referees. Where a tenderer has supplied a referee report, DEEWR may contact any nominated referee to seek clarification of information provided in a written referee report, as outlined in Section 4.10.2."
Question 1.4 asks 'has your organisation previously provided employment services to DEEWR? If yes, please supply your four alpha organisation code. If not, leave blank." If, as a STEP ERS Panel member you have an alpha organisation code, you should record this code against your response to question 1.4. If in doubt, to determine if you have an organisation code, telephone the hotline, with your ABN, to obtain that information.
75. Question
If sub-contractors are used as the primary workforce for the purpose of the tender and over the period of the deed the circumstance for sub-contracting change will a variation be required to engage new sub-contractors?
Answer
Written consent must be obtained from DEEWR prior to engaging any new sub-contractors. Refer to section 3.4.3 of the RFT for further information.
74. Question
What will the impact of an Economic Development and Business Panel Support Panel be on ISBF? Will ISBF continue?
Answer
The assistance currently available through the Indigenous Small Business Fund will continue to be available through the reformed IEP either directly through contracts with the department or through projects funded by the department and run by Panel Members.
The RFT will not affect existing contracts funded under the ISBF.
73. Question
I have concerns regarding the checks that DEEWR will carry out as part of the Financial and Credentials information.
Answer
The objective of the financial viability process is to determine, on the basis of information provided with the tender, whether the Tenderer may be considered financially viable to meet the service requirements of the RFT, and whether there are any circumstances that may adversely affect the Tenderer’s ability to meet its contractual obligations to supply services for at least the period of the Deed(s). Refer to section 3.6.3 and 3.8.1 of the RFT for further information.
72. Question
Is it possible to change sub-contractors if and when a tender is successful?
Answer
Only if prior written consent is obtained from DEEWR. Refer to section 3.4.3 of the RFT for further information.
71. Question
As the results of the Universal Employment Services Tender have not been announced as yet is 1 July 2009 still a realistic starting date for IEP.
Answer
The results of the Universal Employment Services Tender are expected to be announced shortly and there will be no change to the 1 July commencement dates.
70. Question
Can the Panel Member (PM) submit a proposal rather than wait for DEEWR to contact the PM?
Answer
Yes. DEEWR may consider proposals that are received by PMs and assess them against the criteria as outlined on page 13 [Section 2.6.3] of the Request for Tender document. DEEWR encourages good ideas and suggestions for projects to achieve the desired outcomes for Indigenous employment and economic development and business support.
69. Question
Who is on the Independent Reference Group and how are they selected?
Answer
The Government will make an announcement about the Independent Reference Group but typically such groups have a diverse composition, including relevant peak bodies.
68. Question
The RFT provides a table listing suggested activities to be delivered under the panels. Is there an opportunity for tenderers to outline other activities or services?
Answer
Yes. This is an indicative list only. DEEWR encourages tenderers to outline a broad range of activities within their tender.
67. Question
If you are selected for one particular panel and you may be able to deliver services under the other panel do you need to tender for both panels?
Answer
If you want to provide services under both panels you must tender for both and address each selection criteria.
Posted 31 March
66. Question
If DEEWR will not contract with unincorporated organisations, what does this mean in the context of individuals and/or partnerships hoping to participate in the tender?
Answer
DEEWR will only contract with legal entities and they must have full legal capacity to enter into a contract to provide activities under the IEP. (See Section 3.4.4)
It is the responsibility of potential tenderers to seek their own professional advice on their legal status or any other aspect of their eligibility.
65. Question
We have a Standard Operating Interface. So there is a time factor, in that I will need to get the Lange software approved to operate on my system. That will take some time. Is there any allowance?
Answer
The RFT at clause 3.5.2 states that ‘Tenders must be lodged in accordance with the conditions set out in Appendix D. Tenderers need to ensure that they download and access the appropriate software to create and then lodge their tender.’
Individual tenderer operations in terms of accessing the electronic software and environment requirements is a matter for the tenderer only and does not change the requirements or the timelines for tender lodgement.
64. Question
We use a Mac operating platform, will that be suitable to run APET because I'm pretty sure APET is a PC program. Will having a Mac be a barrier to tendering?
Answer
Although eResponse software runs in Windows.net 2 framework, tenderers are able to download eResponse to a Macintosh pc by using a Windows emulator.
63. Question
In a deed of standing offer where no business is guaranteed why do we need to provide financial viability information? Why is the depth of requirement so large for no guarantee of business?
Answer
Financial viability is a stage of the tender evaluation process and contributes to the decision of whether a tenderer will become a member of either or both IEP panels. Please refer to section 3.8.1 Financial viability of the RFT.
62. Question
Can a tenderer tender under their own right for the Employment panel but then tender as part of a consortium for the Business Development panel?
Answer
Yes. In this example, the legal entity is not competing against itself for membership on the same panel. Refer to section 3.4.8 of the RFT for more information in relation to competing entities.
61. Question
Can Aboriginal Corporations apply under the tender?
Answer
Yes.
60. Question
Do we need to provide a detailed description of the activities we can provide or just a summary of activities?
Answer
The department cannot offer specific advice on how tenderers should address the selection criteria.
59. Question
If the Deed of Standing Offers go out in late June and the new panel commences on 1 July 2009 what will the length of time be between 1 July 2009 and the signing/commencement of Official Orders?
Answer
It is DEEWR’s intention that there will be new Official Orders that commence on 1 July 2009. It is expected that business development will commence as soon as the successful panel is announced.
58. Question
Much of our work is done on a projects basis and via sub-contractors – is it worth our applying?
Answer
Refer to Section 2.2 Employment Panel, 2.3 Economic Development And Business Panel, 2.6.3 How the Panels will operate, and Section 3.4.3 Subcontracting Arrangements of the RFT.
57. Question
Do we need to indicate how we could provide services against all of the indicative activities listed in Table 2.1 and 2.2 or do we just indicate our areas of interest?
Answer
You need to apply for each panel separately and address each of the selection criteria for each panel that you apply for. We are unable to give you advice as to how you respond to the criteria but it would be in your best interest to provide as comprehensive a response as possible against each criterion.
56. Question – Please note this is a replacement for Question 26
What is the relationship with the IBA Panel?
Answer
As per section 2.10.2 of the RFT – IBA is an integral partner within the Government’s overarching Indigenous Economic Development Strategy. Between IEP and IBA there is complementary support for Indigenous businesses development and there are opportunities for partnerships and jointly funded projects.
IBA is one of many resources you might use. Page 18 of the RFT refers to IBA.
55. Question
What will the arrangements be for organisations that have a STEP ERS Official Order that runs to 31 December 2009 and are then also successful on the new panel?
Answer
Current STEP ERS providers will be advised of transition arrangements prior to 1 July 2009.
54. Question
We are an employment service provider and have a question about double funding - can we provide IEP as well as the Employment services?
Answer
The two issues are about service duplication and outcome payments and in some circumstances you can have dual payments. This will be in the Official Order.
53. Question
The RFT asks for the tendering entities to include their DEEWR organisation code if they hold other DEEWR contracts. Our organisation has a DEEWR contract but does not know its 'DEEWR organisation code'.
Answer
Not all organisations will have a DEEWR organisation code. Tenderers will not be penalised if this code is not included.
52. Question
We note in Criterion 3 of the Selection Criteria, applicants are asked to provide ‘the policies or processes your organisation has in place, or will implement, that are in accordance with the principles of the Code of Practice.’ Could you please provide a copy of these principles or the full Code of Practice so that we can respond appropriately to this question.
Answer
Please refer to the Code of Practice which will be attached to each Deed. The Code of Practice has been released as an addendum on AusTender.
51. Question
I have used APET before, about a year ago and I hope it has improved. We used diagrams and charts but you lose all of it. Do you propose we put diagrams and flow charts in the other file we upload?
Answer
APET allows tenderers to attach information including diagrams and charts into the tender response at the appropriate question. Tenderers need to ensure that any files they attach into APET have the correct file format. The acceptable file formats are listed in RFT at Appendix D.
50. Question
What are the KPIs for the Business Support and Economic Development? What are the expected outcomes and how will they be measured?
Answer
KPIs will be developed on a case by case basis for each project and may form part of the Official Order as outlined in Section 2.6.3 and 2.7.1 of the RFT
49. Question
Will the announcement be made public?
Answer
The RFT states (under General Information and Indicative Timeline table on page iii) ‘June 2009 - Announce final tender result’. Announcement of the final tender result will occur in June 2009. On the announcement of the final tender results it is anticipated that a listing of two panel membership will be made publicly available on the Workplace website.
48. Question
Can Sole Traders tender?
Answer
Yes. Refer to Section 3.4.4 of the RFT, noting that a Sole Trader is not considered to be an unincorporated organisation by DEEWR.
47. Question
What will be the total value of the Economic Development and Business Support Panel. Is it tens of millions of dollars?
Answer
As stated in section 4.1.2 of the RFT, no specific value of business is attached to this procurement process. The department determines how the IEP budget is spent by prioritising identified needs to match the annual budget appropriation. Therefore, the amounts spent through the IEP panel arrangements will vary from year to year. However, as an indication only, in the calendar year to 31 December 2008, expenditure through current contracted Structured Training and Employment Projects Employment and Related Services Panel providers accounted for 33 per cent of the total IEP expenditure.
Minister O’Connor’s media release of 16 March 2009 includes the following statement: ‘the Government announced in December it has committed $764 million over five years to IEP’.
46. Question
The contractors I will use depend on the needs of the client, and will be determined on an as needs basis depending on the job (i.e. matching the right coach or trainer to the right personality, etc). I also take on new contractors on a regular basis as I expand the business. Can I note on the RFT that this is the case rather than listing all contractors?
Answer
If a Tenderer wishes to engage a subcontractor to perform part of its obligations under the Deed or perform part of its activities under a contract, details of the proposed subcontracting arrangements must be provided in the tender.
45. Question
Am I able to use new contractors if I am successful in my bid?
Answer
Only if prior written consent is obtained from DEEWR. Refer to section 3.4.3 of the RFT for further information.
Posted 30 March
44. Question
Does the Panel of Economic Development & Business Support involve individual consultancies? Or is the Tender to apply for membership on an Advisory Committee. Is it in line with Indigenous Business Australia’s Business Support consultancies?
Answer
Part 1
The RFT does not specify a preference for any type of organisation to provide IEP services. Any people or organisations, including consultants, wanting to help more Indigenous Australians obtain employment or establish businesses are encouraged to tender for the new panels. The only requirement is that an organisation tendering has an ABN number.
Part 2
The aim of this RFT process is to establish two non-exclusive panels (non-exclusive panel arrangements are explained in section 2.6.4) of organisations to deliver a range of activities to employers, Indigenous Australians and their communities throughout Australia. It is not the aim of the RFT process to appoint organisations to an advisory committee. You should read this RFT carefully before you make a decision about whether to tender. The RFT sets out:
- What the Government is seeking to purchase from IEP providers.
- The things you must do in order to tender, or to have your tender assessed.
- Other information that might help you decide whether to tender.
- What to include in your tender.
Table 2.2 of the RFT provides an indicative list of the types of activities that DEEWR expects may be delivered under the Economic Development and Business Support Panel.
In order to ensure the probity of the tender process, the department cannot provide interpretation or advice on how to respond to this RFT.
43. Question
Do the case studies listed in the RFT need to be addressed in my response or are they just examples?
Answer
The case studies provided in the RFT are examples only.
Posted 27 March 2009
42. Question
The session makes reference to funding to students and employers of Indigenous Australians undertaking tertiary qualifications (previously know as cadetships). Does the change in name of the National cadetship program mean the program is changing?
Answer
The assistance currently available through the National Indigenous Cadetship Project will continue to be available through the reformed IEP either directly through contracts with the department or through projects funded by the department and run by panel members.
The outcome of this RFT process will not affect existing contracts under the current National Indigenous Cadetship Project.
41. Question
Can we apply for department funding, given we receive partial funding from DET; we are an independent business receiving partial funding.
Answer
Yes. However, it is up to each person and organisation to decide whether to tender to become a provider for one or both panels. Neither the Government nor DEEWR can advise you whether you should tender. You should read this RFT carefully before you make a decision.
The RFT does not specify a preference for any type of organisation to provide IEP services. Any people or organisations, including consultants, wanting to help more Indigenous Australians obtain employment or establish businesses are encouraged to tender for the new panels. It will not matter whether the organisation is small or large. It will not matter whether you can provide services across Australia, or to just one part of it. The only requirement is that an organisation tendering has an ABN number.
40. Question
Is this Program separate to the Indigenous Small Business Fund?
Answer
The assistance currently available through the Indigenous Small Business Fund will continue to be available through the reformed IEP either directly through contracts with the department or through projects funded by the department and run by panel members.
39. Question
Will wage assistance still be available in future?
Answer
Yes, wage assistance will continue to be available through the reformed IEP either directly through contracts with the department or through projects funded by the department and run by panel members.
38. Question
Is there provision for successful panel members to collaborate and put together a proposal to DEEWR?
Answer
Please refer to Section 3.4.2 of the RFT documentation.
37. Question
If an RFT submission is not accepted by DEEWR does this then preclude that tenderer from being considered in a panel refreshment process?
Answer
If an RFT submission is not accepted by DEEWR this does not preclude that tenderer from being considered in a panel refreshment process.
36. Question
What is the strategy that will be implemented for actually making these things happen? How will we achieve outcomes? You have a panel, what is the next step? Is the department going to drive this or will the panel be expected to drive it?
Answer
The process is explained in the RFT—please refer to Section 2.6.3 of the RFT. Section 2.5.2 of the RFT also sets out DEEWR’s responsibilities in relation to the panels and states that they include:
- negotiating with providers in relation to the delivery of activities
- measuring the performance and quality of the provision of activities against requirements (including the Key Performance Indicators set out in the Official Order) and customer surveys that may be undertaken from time to time
- ongoing management of the panel, and
- promotion of the activities of the panel.
35. Question
Do the case studies listed in the RFT need to be addressed in my response or are they just examples?
Answer
The case studies provided in the RFT are examples only.
34. Question
When it comes to official orders how does the department assess and determine that?
Answer
Section 2.6.3 of the RFT provides information on how the panels will operate including how the department will assess a project proposal.
33. Question
We infer from the wording of the first 2 criteria of this panel that you are looking for providers with considerable prior experience of delivering services to indigenous Australians and indigenous businesses. Is this correct? Your answer to this question is important to us—we offer specialised services in organisational development and change leadership, governance and so on but have not to date delivered these services to indigenous businesses. However some of our multi-stakeholder projects have involved indigenous businesses.
Answer
In order to ensure the probity of the tender process, the department cannot provide interpretation or advice on how to respond to this RFT.
However, the only mandatory requirement that the department has for tenderers is that they have an ABN number. It is not a requirement that tenderers have previously delivered services to Indigenous Australians. Please read the RFT carefully and address the selection criteria in the manner you think most appropriate.
32. Question
Is existing STEP ERS being taken over by these panels?
Answer
The Deed of Standing Offer for the STEP ERS Panel ends on 30 June 2009 and the new IEP panels commence on 1 July 2009.
Members of the new IEP panels will be able to provide all of the services and activities currently provided by STEP ERS Panel Members as well as other activities to support the new Indigenous Employment Program’s objective, which is to increase Indigenous Australians’ employment outcomes and participation in economic activities, contributing to the Government's commitment to halve the gap between Indigenous and non-Indigenous employment outcomes within a decade. Lists of indicative activities which can be supported through the panels can be found at Tables 2.1 and 2.2 of the RFT document.
STEP ERS Panel Members with current contracts under the STEP ERS Panel which run beyond 30 June 2009 should also note that those contracts will not be affected by the outcome of this RFT process.
31. Question
Can IEP providers deliver services in correctional centres.
Answer
Any proposal submitted to DEEWR will be considered on its merit. With regard to your question, there are two options available:
- IEP providers could submit a proposal to assist job seekers transitioning from correctional facilities back into the workforce; or
- as a member of the community, a proposal could be submitted through your local DEEWR contract manager wherever they are located—in this location that may be a contact manager in the Indigenous Coordination Centre—for consideration.
30. Question—please note this replaces Question 5.
If the [IEP] panel is refreshed [in the future], would it be through another tender round or by invitation?
Answer
If the panel is refreshed in the future it will be done through an open tender process.
29. Question - Please note this is replaced by Question 56
Could you explain the relationship between this tender and Indigenous Business Australia (IBA).
Answer
Page 18 of the RFT explains the relationship between the Indigenous Employment Program and Indigenous Business Australia (IBA). IBA offers a range of programs designed to develop initiatives for long-term asset and wealth creation. Between Indigenous Employment Programs and IBA, there is a complementary support for Indigenous business development and there are opportunities for partnerships and jointly funded projects.
28. Question
Is this (Economic Development and Business Support Panel) similar to the IBA panel?
Answer
IBA is one of many resources you might use. Page 18 of the RFT refers to IBA.
27. Question
Will this program be a complementary service to the Employment Services market?
Answer
This is seen as a complementary program and further information is available on page 16 Clause 2.10.1 of your RFT.
26. Question
Given the changing economic situation, how can you ensure that proposed strategies and objectives meet local labour market demands?
Answer
This is the strength of the panel. It allows for proposals that are relevant and responsive to the changing labour market. At this point we are not asking for prescriptive activities.
25. Question
How many tenderers from the Illawarra are expected to be on the panel?
Answer
There are no preconceived numbers.
24. Question
Can you clarify, if we intend to tender on our own, we shouldn’t tender as well in a collective/consortium arrangement, as we could be excluded?
Answer
That is correct, however, you should seek your own legal advice. An organisation should not compete against itself—see Clause 3.4 for more detail.
23. Question
Selection Criterion 3 for both panels are identical. Is it reasonable to assume that you can duplicate your response?
Answer
If you feel it is appropriate you can, but you need to consider what your business decision is.
22. Question
Will Aboriginal people be involved in the tender assessment process?
Answer
Staff with appropriate experience in Indigenous programs will be involved in the tender assessment process from around the country. It is anticipated that this will include Indigenous staff.
21. Question - Replaced by Question 108
Will employment service providers be able to participate on the panel? And will they be able to refer job seekers to themselves?
Answer
Any organisation that wishes to apply for this panel may, including employment service providers. The onus is on the employment service provider to ascertain the most appropriate service or activity for each individual job seeker.
20. Question
Is there any transition money available for those soon to be ex CDEP workers?
Answer
No.
19. Question
Do you need an Aboriginal Employment Strategy in place prior to tendering?
Answer
No.
18. Question
Will RFT books be distributed by DEEWR?
Answer
The bound versions of the RFT are only available at information sessions; full copies of the RFT can be downloaded from Austender.
Posted 26 March 2009
17. Question
How do I submit a question relating to the RFT?
Answer
The hotline is the primary means of contact during the purchasing process and can be contacted on 1300 733 514 (Monday to Friday, 9.00 am to 5.00 pm Canberra time, excluding ACT and national public holidays) or via email to espurchasing@deewr.gov.au
16. Question
With the selection criteria do you have to be explicit with the programs you intend running?
Answer
You must address the selection criteria for one or both panels and pursue advice about what is required for each criterion.
15. Question
Can we get clarification on Do I need to tender? And how it relates to us?
Answer
Section 1.2 of the RFT does not specify a preference for any type of organisation to provide IEP Services. The Government encourages all organisations -large and small - that have an interest in helping Indigenous Australians into jobs and businesses to tender for one or both panels. It does not matter if an organisation has a preference in servicing a single labour market or the whole of Australia.
Organisations can submit a tender but they must comply with the conditions of tendering set out in the RFT, including having a current and valid Australian Business Number (ABN).
It is up to each eligible organisation to decide whether they would like to submit a tender. Please refer to section 3.4 Eligibility to tender of the RFT.
Posted 25 March 2009
14. Question
I have a contract with [Aboriginal Education Council] AEC. Does this impact on tendering for these panels?
Answer
This would have no impact at all.
13. Question
Are there a preferred number of providers?
Answer
There is no preferred number of providers.
12. Question
Is there a limit, particularly in a remote area, as to how many people would be on a panel?
Answer
No, there are no limits. Once appointed, the tenderer will be asked to indicate if they have a preference to deliver activities in a particular location.
11. Question
The RFT calls for financial viability information for sub-contractors. Can I confirm that ‘sub-contractors’ refers to an arrangement where a tenderer intends to sub-contract panel administration functions and does not seek to capture any service that might be purchased to support a project that might subsequently be approved once the panel is established. If not, the financial information for every registered training organisation would be required.
Answer
Any known formal subcontracting arrangement that will be entered into by the tenderer by which some or all of the Activities will be provided by another entity will be deemed to be a Subcontract and the relevant entity will be a Subcontractor. Refer to clause 53 of the Deed of Standing Offer for further detail.
10. Question
Are you able to be on both [the Employment and the Economic Development and Business Support] panels?
Answer
Yes.
9. Question
The RFT asks for details of funding from other public funding bodies. There are a number of tenders being granted at the moment and many people won’t know what tenders they have yet been awarded. What should they put in that section?
Answer
Provide the information available at the point of submitting your tender.
8. Question
It is very difficult to get people to commit to providing written references. Is it possible to provide details of a verbal referee for the Department to contact?
Answer
Referee reports must be in writing. The Department would not be able to follow up with verbal referees. It is not essential that you provide a referee report.
7. Question
Could you clarify the intent of clause ‘3.9.5 Double Funding’ in the RFT and can you provide an example of what you mean by double funding? The 20/20 Group is a BC for IBA. I presume this does not preclude us from inclusion on the DEEWR Economic Development and Business Support Panel?
Answer
The intent of clause 3.9.5 is to ensure that funding is not provided for the delivery of a service that will receive or has already received funding. For example, an organisation cannot claim payments from DEEWR for providing the same service that will receive or has received payment from another Australian Government, state, territory, or local public funding source. If the conditions of this clause are met, it will not preclude anyone from inclusion on the Economic Development and Business Support Panel.
6. Question
Given I satisfied the financial viability requirements for the DEEWR Research and Evaluation Panel, of which I am a member, if it is necessary for me to do so again?
Answer
Yes. All tenderers are required to provide a completed Financial and Credentials Information Form for the Indigenous Employment Program 2009-2012 Request for Tender regardless of whether they have been assessed by DEEWR previously. The financial viability of tenderers is assessed with regard to each specific tender.
Posted 24 March 2009
5. Question - please note this is replaced by Question 30.
If the [IEP] panel is refreshed [in the future], would it be through another tender round or by invitation?
Answer
This has not yet been defined.
Posted 23 March 2009
4. Question
Following the announcement of successful panel members and these panel members advising of their geographical preferences, if there are locations that are not covered by the preferences, will this process (RFT) come around again?
Answer
The RFT does state that this is a non exclusive panel arrangement. Please refer to items 2.6.4, 2.6.5 and 2.6.6 in the RFT.
3. Question
The indicative list of outcomes for both panels are quite broad in nature and will be more specific when developing the deeds, however, are there going to be any additional outcome statements released before the RFT closes?
Answer
The Outcomes are indicative only. Please refer to items 2.2.3 and 2.3.3 of the RFT.
Posted 20 March 2009
2. Question
We note in Criterion 3 of the Selection Criteria, applicants are asked to provide ‘how your organisation will comply with the terms and conditions of the Deed of Standing Offer’. Could you please provide a copy of the Deed of Standing Offer so that we can respond appropriately to this question.
Answer
The Deeds of Standing Offer can be found at Appendix F of the Request for Tender. The Request for Tender is available from the AusTender website. You must register on AusTender for access to this documentation.
Posted 16 March 2009
1. Question
Do I need to be a Registered Training Organisation (RTO) to provide services?
Can a not-for-profit organisation, RTO, TAFE College, Community Government Council, State Government department …. tender?
Answer
RFT Sections 1.2: The Request for Tender does not specify a preference for any type of organisation to provide IEP services. The Government encourages all organisations – large and small – that have an interest in helping Indigenous Australians into jobs and businesses to tender for one or both the IEP panels. It does not matter if an organisation has a preference in servicing a single labour market or the whole of Australia.
Organisations can submit a tender but they must comply with the conditions of tendering set out in the Request for Tender, including having a current and valid Australian Business Number (ABN).
It is up to each eligible organisation to decide whether it would like to submit a tender.
Read Section 3.4 Eligibility to Tender carefully for further information.