ES2015-2020 Q and As Master - Department of Employment Web viewThis includes monitoring and site...

REQUEST FOR TENDERFOR EMPLOYMENT SERVICES 2015-2020

QUESTION AND ANSWERS

Table of Contents

1. General Questions..........................................................................................2

2. Statement of Requirements - Employment Provider Services......................29

3. Statement of Requirements – Work for the Dole.........................................42

4. Statement of Requirements – NEIS...............................................................56

5. Statement of Requirements – Other Programmes........................................70

6. Funding and payments..................................................................................74

7. Purchasing Arrangements.............................................................................76

8. Bidding for Business and Tender Evaluation.................................................81

9. Forms..........................................................................................................100

10. Maps of Employment Regions..................................................................112

11. Technical Questions..................................................................................114

1. General Questions1.1. Will the recording of this webinar (Quality Assurance) be available afterwards for those who are not available to attend?Updated response

Yes the webinar will be recorded and made available on the Employment Services Procurement website (www.employment.gov.au/employment-services-procurement-information).

The webinar is now available for viewing.

1.2. I was wondering if you could confirm if the below text from the Communications Protocol applies to organisations and other departments.• Tenderers or other persons with an interest in the Request for Tender process must not enter into discussions with or otherwise engage in any activity with the Department, persons directly or indirectly involved in the Request for Tender process acting for the Department, and other persons who have been identified as being in positions of potential influence over the operation of the Request for Tender process. Further, the Department will not enter into discussions or otherwise engage in any activity with Tenderers, or such other persons with an interest in the Request for Tender process, where this could be perceived as influencing the operation of the Request for Tender processIs directing them to AusTender (RFT) and website the best approach for future request? Or should these be sent to the ES Purchasing Hotline/Mailbox.

Persons from other departments that have close association with the Department of Employment and who have been identified as being in positions that have potential influence over the operation of the Request for Tender process should not enter into discussions or engage with potential Tenderers. Such persons should also undertake probity training and complete Confidentiality and Conflict of Interest Deeds.

All questions from potential Tenderers should be directed to the Employment Services Purchasing Hotline. Any organisation requiring a copy of the RFT should download the RFT from the AusTender website (www.tenders.gov.au). Tenderers that have registered via the AusTender website will be provided with details of any alteration, correction or notice in relation to the Request for Tender. Tenderers will be required to log in to AusTender and collect addenda as notified.

1.3. We have a provider which is so currently certified and has no non-conformances arising from any surveillance audit but wishes to submit its tender through its newly-established and wholly-owned subsidiary. The parent company is an incorporated association whereas its subsidiary is a company limited by guarantee. Therefore the corporate regulation of the subsidiary will be governed by the Corporations Act 2001 and the Australia Securities and Investments Commission rather than the less rigorous state-based office of Consumer and Business Affairs. That subsidiary has the same Board and CEO as the parent company and has all the same policies, procedures and systems. The subsidiary will take on all the existing staff of the parent company from 1 July, 2015. In other words, it is essentially the same business as currently exists but the parent company is simply having the operational arm of the business transfer to its subsidiary from 1 July, 2015. The parent company holds the current certifications and is expecting those formal certifications will simply be updated to include the subsidiary when the latter becomes operational from 1 July, 2015.

of 115Questions and Answers relating to the Employment Services 2015 – 2020 Request for Tender

http://www.employment.gov.au/employment-services-procurement-information

Question - Given this background, if the business intends to formally submit its tender in the name of its wholly-owned subsidiary, then can it rely on its parent company’s current certifications to secure the full 10% tender score without further addressing criterion 1 or should it address criterion 1 in full?

In accordance with Table 7.2, all Tenderers must answer Criterion 1 once at the Organisational level.

Condition 1 is only applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the RFT).

Organisations which did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot), or did not maintain their certification from the Pilot, must respond to Condition 2.

In answering Condition 2, Tenderers must provide detailed information demonstrating that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions outlined in their tender and deliver the Government’s policies.

Organisations that are not tendering under the same legal capacity under which they achieved their Quality Assurance Framework certification must respond to Condition 2.

In the scenario above, if the organisation tendering (subsidiary company) does not hold certification against the Quality Assurance Framework then it will not be regarded as meeting Condition 1.

1.4. At the Information Session in Adelaide, the presenter alluded to changes since the release of RFT. Are these changes available for perusal or can I request a summary to be forwarded to this email address? - Job Search Requirements- Job Seeker Compliance- Provider Partnerships and Group Tendering- Services to Job Seeker Cohorts- Regional Loading

The changes you mention and which were mentioned in the Information Sessions were changes between the Exposure Draft for Employment Services 2015-2020 Purchasing Arrangements released in July 2014 and the Request for Tender (RFT) released on 7 October 2014. Therefore, these changes are all included in the RFT. The Request for Tender Information Session slides and transcript are available at http://employment.gov.au/employment-services-procurement-information.

1.5. Will a copy of the session (Employment Services 2015-2020) or a transcript of the session be available at the conclusion of the session?

The Employment Services 2015-2020 Request for Tender Information Session slides and transcript are available at http://employment.gov.au/employment-services-procurement-information.

1.6. Criterion 1 Governance. If an organisation holds a current certificate against the QAF and an endorsed quality standard such as ISO 9001 but that current certification is with 1 or more minor non-conformances against either or both standards which are expected to be closed out at surveillance audits scheduled after the tender submission date, would the organisation be required to respond to condition 2?


Organisations who are currently certified against the QAF are eligible to respond to Condition 1.

In responding to Condition 1, Tenderers must provide information sufficient to demonstrate continued certification against the relevant Quality Standard. In order to maintain their QAF certification, organisations must ensure that minor non-conformances whether against the relevant Quality Standard or the Department’s Quality Principles are closed out within the timeframes specified by the audit.

1.7. Our question relates to the Employment Services 2015-2020, Section 16 – Consortium, “% Financial share in the group”.If a Consortium has four members, tendering for the consortium’s regions as belowMember A – tendering for 2 Employment regionsMember B - tendering for 4 Employment regionsMember C – tendering for 8 Employment regionsMember D - tendering for 14 Employment regions2 + 4 + 8 + 14 = 28.Therefore, should this form the basis of the % Financial share in the group, eg. Member A = 2 Employment regions out of the 28 (2 divided by 28) = 7%Member B = 4 Employment regions out of the 28 (4 divided by 28= 14%Member C = 8 Employment regions out of the 28 (8 divided by 28) = 29%Member D = 14 Employment regions out of the 28 (14 divided by 28) = 50%If not, how should the % Financial share in the group be determined?

The method of determining this may vary between group arrangements and may be based, for example only, on initial contribution of capital, assets to resources to the group by each member or a division based on anticipated business allocation or revenue from the group to each member.

The percentage of financial share in the group is a calculation that will need to be determined between the group members. The Department is unable to give specific guidance on this.

1.8. Section 2.1 of the Audit History form requests if your organisation or Tendering Group have been subject to any audits.If a Member of the Tendering Group needs to complete details of an audit is the Legal Name completed with the Member’s legal name rather than the Tenderer’s name (as per Part B Section 1.1).Please confirm if all members must complete an Audit History Form.

The details of any relevant audit should include the Member’s legal name, and should be completed for all Members of a tendering group where applicable.

For audits where the audited entity does not have the same name as the Legal Entity as displayed at the top of the Audit History form, please indicate the name of the audited entity within the ‘Findings’ field.

1.9. At the tender briefing in Adelaide 13 October 2014 it was stated that to meet Condition 1, Tenderers must also have ‘no compliance issues’. How does the Department define ‘no compliance issues’? And what response confirming this is therefore required in Criterion 1?Organisations that are currently certified against the Quality Assurance Framework (QAF) are eligible to respond to Condition 1. In responding to Condition 1, Tenderers must provide information sufficient to demonstrate continued certification against the relevant Quality Standard. In order to maintain their QAF certification, organisations must ensure that minor or major non-conformances whether against the relevant Quality Standard or the Department’s Quality Principles are closed out within the timeframes specified by the audit.


If a Tenderer meets Condition 1 as stated in the RFT documents and has no compliance issues as defined by the Department, is a response confirming accreditation to the standards listed and stating that the tenderer no compliance issues all that is required in the criterion response?

In responding to Condition 1, Tenderers must provide information sufficient to demonstrate continued certification against the relevant Quality Standard including information to demonstrate that minor or major non-conformances have been closed out where appropriate.

If above is the case and a Tenderer submits the above confirmations, what score out of 10 will the tenderer be awarded?

Tenderers who meet Condition 1 under Criterion 1 will be awarded the full 10 per cent score.

1.10. Please see below a request for clarification with regard to the following section of the RFT 7.10.3 Criterion 1 - Condition 1: Tenderers that are currently certified against the Department’s Quality Assurance Framework need only confirm the currency of their certification, including its continued certification against one of the Quality Standards endorsed by the Department (ISO 9001, the National Standards for Disability Services, the Employment Services Industry Standards or Investors in People). QUESTION: Would the Department please confirm the date (prior to the RFT close date of 17 November 2014) by which Tenderers need to submit their external QAF certification reports in order to receive the Department approvals necessary to meet condition 1?

Organisations which did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot) will not be able to gain certification against the Department of Employment’s Quality Assurance Framework prior to the closure of submissions in response to the Request for Tender for Employment Services 2015-2020 at 5.30pm (Canberra time) on 17 November 2014.

Organisations which do not meet Condition 1 must respond to Condition 2.


Employment Providers will have until 5.00 pm (Canberra time) 1 July 2016 to gain certification against the Quality Assurance Framework.

1.11. We refer to the Quality Assurance Framework outlined for Work for the Dole Coordinators on page 86 of the above document, more specifically to, “..... Quality Assurance Framework for Employment Providers (see Section 2.17.5) will be adapted to apply to the Work for the Dole Coordinators”.There appears to be no Section 2.17.5 and assume that Section 2.18.5 is the correct reference, According to Section 2.18.5 (on page 67), “Within 12 months of the commencement of the Deed, Employment Providers will be required to gain certification against the Quality Assurance Framework and maintain certification for the duration of the Deed......... The Quality Assurance Framework comprises two key elements: • Quality Principles developed by the Department.....• Certification against one of the Department approved Quality Standards: ISO 9001, the National Standards for .....”


Could you please advise:To what extent the Quality Assurance Framework for Employment Providers will be adapted for Work for the Dole Coordinators,Whether or not a Work for the Dole Coordinator will be required to gain certification against one of the Departments approved Quality Standards (for example, ISO 9001) by July 2016.

Addendum 2 to the Request for Tender for Employment Services 2015-2020 includes at Section 5 a number of corrections to section references including:

• Page 86 – Quality Assurance Framework: Section 2.17.5 should read Section 2.18.5.

Appendix D of the RFT outlines the Quality Assurance Framework that will apply to Employment Providers in detail including the seven quality principles.

As stated in section 3.8 of the RFT, the Quality Assurance Framework has been adapted for the Work for the Dole Coordinators programme in that only four of the seven principles will apply:

The Quality Assurance Framework for Work for Dole Coordinators will be based on four of the seven Quality Assurance Framework Principles:

• governance

• labour market, Employers and community

• operational effectiveness

• continual improvement.

Work for the Dole Co-ordinators will conduct a self-assessment against these principles and provide a Self-Assessment Quality Report to the Department within six months of commencement of the Work for the Dole Coordinator Services Deed. The Department will provide a reporting template for Work for the Dole Coordinators to complete.

As such, there is not a requirement for the purposes of Employment Services 2015-2020 for Work for the Dole Coordinators to gain certification against one of the Department’s approved Quality Standards (for example, ISO 9001) by July 2016.

1.12. If all members of a Consortium have certification against one of the Quality Standards endorsed by the Department (ISO 9001, The National Standards for Disability Services, the Employment Services Industry Standards or Investors in People) but are not currently certified against the Department’s Quality Assurance Framework will they be awarded the full 10% score and will not be required to provide a response to Criterion 1 - or is it a requirement to have current certification against the Department’s Quality Assurance Framework and, in addition, have certification against one of the Quality Standards endorsed by the Department to be awarded the full 10% score.

In accordance with Table 7.2, all Tenderers must answer Criterion 1, once at the Organisational level.



Organisations which did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot), or maintain their certification from the Pilot, must respond to Condition 2.


1.13. Is the Federal Government Department of Human Services intending to release the star ratings for the Disability Employment Services programmes prior to the submission date of the Employment Serviced 2015-2020 tender?

The Department of Social Services has advised that it is intending to release the September 2014 Disability Employment Services (DES) Star Ratings to DES provider CEOs prior to the closing time for Employment Services 2015-2020 tender submissions at 5:30 pm (Canberra time) on Monday 17 November.

1.14. Selection Criteria 1 (Governance) for the Employment Services RFT.

The recent RFT Information session indicated that if you are a current JSA provider you will automatically receive a percentage weighting out of 10 per cent (i.e. you don’t need to complete SC1). Is this the same if you are an existing Disability Employment Services (DES) provider?

In accordance with Table 7.2 of the Request for Tender for Employment Services 2015-2020, all Tenderers must answer Criterion 1 once at the Organisational level.

Criterion 1 requires Tenderers to respond to either Condition 1 OR Condition 2.


Job Services Australia (JSA) Providers that participated in the Quality Standards Pilot (the Pilot), and achieved and maintained certification against the Quality Assurance Framework are the only Tenderers that may use Condition 1 to address Criterion 1.

All other Tenderers must respond to Condition 2, to address Criterion 1.

1.15. At the conclusion of the webinar the presenter said, “The QAF does not apply to NEIS Providers.”

Can this please be clarified, as it directly contradicts Criterion 1 - Governance in the NEIS selection criterion as our response it to be based on the QAF.

NEIS Providers are not required to be certified against the Quality Assurance Framework. Section 4.11 of the Request for Tender (RFT) for Employment Services 2015-2020 outlines the Performance Management Framework for NEIS Providers.

In accordance with Table 7.2 of the RFT, all Tenderers must answer Criterion 1 once at the Organisational level.

Condition 1 is only applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles


(refer Appendix D, Quality Assurance Framework in the RFT). Tenderers for NEIS services who are Job Services Australia (JSA) Providers, and who were certified under the Pilot and have maintained their certification, can use Condition 1 to address Criterion 1.

Organisations which did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot), or did not maintain their certification from the Pilot, must respond to Condition 2.


1.16. If you are currently certified under the Department’s Quality Assurance Framework (QAF), do we need to respond to criterion 1 as this is not specifically clear in the RFT?


Condition 1 is only applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer to Appendix D, Quality Assurance Framework in the RFT).

In responding to Condition 1, Tenderers must provide information sufficient to demonstrate continued certification against the relevant Quality Standard. In order to maintain their Quality Assurance Framework certification, organisations must ensure that minor non-conformances whether against the relevant Quality Standard or the Department’s Quality Principles are closed out within the timeframes specified by the audit.

Tenderers who meet Condition 1 under Criterion 1 will be awarded the full 10% score.

1.17. If we are currently certified and wish to tender under a new brand/parent company with legal status, with essentially the same structure, staff, procedures etc will the current certification be recognised?

Organisations that are not tendering under the same legal capacity under which they achieved their Quality Assurance Framework certification must respond to Condition 2 under Criterion 1.

1.18. If we are currently certified under the Department’s QAF, and we choose to respond to criterion 1, is there a possibility that we would score less than 10 per cent?

In accordance with Table 7.2, all Tenderers must answer Criterion 1, once at the Organisational level. Tenderers who meet Condition 1 under Criterion 1 will be awarded the full 10 per cent score.

1.19. Governance – clarification re certification and qualification under ISO 9000, do they need to address the overarching governance criterion?



Organisations which did not achieve Quality Assurance Framework certification during the


2013 Job Services Australia Quality Standards Pilot (the Pilot), or did not maintain their certification from the Pilot, must respond to Condition 2.


1.20. In relation to the Governance criterion and around the structure and skills of an organisation, does this refer to the Quality Assurance process?

In accordance with Table 7.2 of the Request for Tender for Employment Services 2015-2020, all Tenderers must answer Criterion 1 once at the Organisational level.

Criterion 1 requires Tenderers to respond to either Condition 1 OR Condition 2.

Condition 1 is only applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the RFT). Job Services Australia (JSA) Providers that participated in the Quality Standards Pilot (the Pilot), and achieved and maintained certification against the Quality Assurance Framework are the only Tenderers that may use Condition 1 to address Criterion 1.

All other Tenderers must respond to Condition 2, to address Criterion 1. When answering Criterion 1, under Condition 2, Tenderers must provide detailed information to demonstrate that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions they have outlined in their tender and deliver the Government’s policies.

1.21. Can you clarify the Certification provided by the Department’s Quality Assurance Framework please? We don’t believe we were part of the JSA QAF Pilot in 2013, which this may be referring to.

We have certificates confirming certification against the National Standards for Disability Services and against ISO9001:2008. We have no certificates specifically confirming certification against the Department’s Quality Assurance Framework.

“Condition 1: Tenderers that are currently certified against the Department’s Quality Assurance Framework need only confirm the currency of their certification, including its continued certification against one of the Quality Standards endorsed by the Department (ISO 9001, the National Standards for Disability Services, the Employment Services Industry Standards or Investors in People).”

Organisations which participated in the 2013 Job Services Australia Quality Standards Pilot and achieved certification against the Department of Employment’s Quality Assurance Framework were advised of their certification and received a Quality Assurance Framework Certificate from the Department.

1.22. With the DES-DMS tender recently closed and being released mid-November, what is the likelihood of the results of that tender being released before the close of the Employment Services tender on 17 November 2014?

According to the Department of Social Services, the DES-DMS tender results, as indicated in their request for tender, are expected to be announced in mid to late November 2014.

1.23. I’ve been unable to locate available data that reflects the barrier characteristics applicable to those Job Seekers within each Employment Region. Is it possible to obtain this information?


Key labour market data relevant to the Request for Tender for Employment Services 2015-2020 was published on the Labour Market Information Portal at http://lmip.gov.au/ on Wednesday 8 October and Monday 13 October 2014. The data includes the Job Services Australia caseload for the Employment Region by a range of Job Seeker characteristics including, age group, Culturally and Linguistically Diverse, People with Disability, Indigenous, Homeless, Refugee and Principal Carer Parent.

There is no intention to publish additional data.

1.24. Does the Department expect a Tenderer to have a full-time presence in an Employment Region where it is not currently delivering a service?

No. But Tenderers will be expected to have a full-time presence in each Employment Region that they are awarded business.

1.25. In relation to successful tenders, are the “All or Nothing” offers subject to conditionality?

Yes

1.26. Will the tender continuously change as legislation gets passed?

If there are any legislation changes during the RFT period, Tenderers will be notified via an addendum.

1.27. What are the chances of Tenderers having an extension and what would the circumstances be?

The tender process will only be extended in extreme circumstances. If this was to occur, Tenderers will be advised via an Addendum. The Department can not speculate on what these circumstances may be.

1.28. If there are any late amendments, will that change the deadline for the RFT?

The tender process may only be extended in extreme circumstances. If this was to occur, Tenderers will be advised via an Addendum.

1.29. Going back to 2009 and the allocation of business, what is your viewpoint with international players and national players, and what about not for profit or for profits organisations? In the UK, you get an interview and you are not restricted to just 18,000 characters. Why was more business given to international players vs. Local and more to not for profit than for profit as a result of ESD4 tender process?

Section 6.4 contains information on eligibility to tender. As noted under section 6.4.8, the Department will only accept a tender from a foreign company if is registered under part 5B.2 of the Corporations Act 2001 (Cth). The tender process is open to all eligible organisations. The procurement process encourages competitions and is non-discriminatory. Value for Money is the core principle underpinning government procurements.

1.30. Does the mid-deed price increase apply to all payments from January 18 or is it linked only to participants referred after January 18?

The amounts of Fees specified in Tables 1A and 1B at Annexure B2 (with respect to Outcome Payments) and Table 2A at Annexure B2 (with respect to Administration Fees) will increase by 7.8 per cent from the start of the next Administration Fee period following 1 January 2018 as indicated in clause 126.1 of the draft Employment Services 2015-2020 Deed. The mid-term fee increase does not only apply to fees with respect to Job Seekers who commence from January 2018.

Refer to: Draft Employment Services Deed 2015-2020 – Clause 126.1 Mid-Term Fee Increase.


1.31. Criterion 1 – Condition 1: It is noted from previous questions that Tenderers who meet Condition 1 under Criterion 1 will be awarded the full 10% score. Does this apply when the lead agent of a consortium tendering group meets this condition? In other words if the lead agent of a tendering group, where the legal capacity remains the same as when the QAF was awarded, will the consortium tender response receive the full 10% score for this criterion?


Condition 1 is only applicable to Tenderers that are currently certified against the Department’s Quality Assurance Framework. Organisations that are not tendering under the same legal capacity under which they achieved their Quality Assurance Framework certification must respond to Condition 2.

At the QAF webinar, attendees were informed that Providers for the 2015 contract must have completed their certification to one of the approved quality standards and submitted their paperwork for certification against the Department’s quality principles by 31 March 2016 to give the Department time to assess the paperwork prior to the deadline for certification of 1 July 2016.

1.32. Can you please confirm if this is the advice provided in yesterday’s webinar?

Yes. In accordance with clause 98 of the draft Employment Services Deed 2015-2020 (available at https://employment.gov.au/employment-services-procurement-information), Employment Providers must, among other things, submit a Certification Report and a Quality Standards Report on or before nine months from the Deed Commencement Date, unless the Employment Provider already has a Quality Assurance Framework Certificate (as issued by the Department of Employment).

1.33. While the RFT information provides estimated details of the stock of Job Seekers at the beginning of the new program and the Streams they will flow into, is the Department able to provide the assumed Job Seeker flows into each stream over the first 3 years of the contract (i.e. 2015-2018) to assist providers to make financial predictions in relation to business.

Can the Department also provide estimates in respect to the number of Job Seekers that will exit Stream A services before 3 months in service?

Programme data relevant to the Request for Tender for Employment Services 2015-2020 was published on the Labour Market Information Portal (LMIP) on Wednesday 8 October and Monday 13 October 2014.

There is no intention for any further data to be released.

1.34. Can the Department confirm whether providers are able to receive accreditation under the QAF before the commencement of the new program in 2015?

Organisations will not be able to gain certification against the Department of Employment’s Quality Assurance Framework prior to the commencement of the Employment Services Deed 2015-2020. Employment Providers will have until 5.00 pm, Canberra time, 1 July 2016 to gain certification against the Quality Assurance Framework.

1.35. Are Providers required to be certified to ISO Standards and if so, by when?

• 27005 Information technology – Security techniques – Information security risk management and or

• 27002:2006 Information technology – Security techniques – Code of practice for information security management.


Further Details relating to certification are available in the draft Third Party IT Provider Deed which is available on the Department’s Employment Services Procurement Information page: http://employment.gov.au/employment-services-procurement-information. The draft deed has been made available for feedback from interested parties.

1.36. If the lead member within a Group tender is accredited against the Department's Quality Assurance Framework does Condition 1 or Condition 2 within Employment Providers Criterion 1 apply?


Condition 1 is only applicable to Tenderers that are currently certified against the Department’s Quality Assurance Framework. Organisations that are not tendering under the same legal capacity under which they achieved their Quality Assurance Framework certification must respond to Condition 2.

1.37. Could you provide me with the definition of ‘face to face’ in relation to initial interview? Does this include technology such as Skype?

The definition of ‘face to face’ in relation to conducting an initial interview by an Employment Provider is physical attendance in the same place by all parties involved.

Skype/video conferencing is therefore not considered ‘face-to-face’ for the purposes of an initial interview.

See clause 85.2 of the draft Employment Services Deed 2015-2020.

1.38. How do you check if your organisation is currently certified against the Department’s Quality Assurance Framework?

Organisations that achieved certification against the Department of Employment’s Quality Assurance Framework during the 2013 Job Services Australia Quality Standards Pilot received a Quality Assurance Framework Certificate from the Department of Employment.

If you wish to confirm whether your organisation participated in the 2013 Job Services Australia Quality Standards Pilot and has achieved certification, you should contact your organisation’s quality assurance team.

1.39. Not all providers participated in the QAF pilot, do you think there will be some discrimination/ negative impact against those who did not participate?

All Tenderers have the opportunity to achieve the full 10 per cent for Criterion 1.

1.40. In relation to Criterion 1, where the organisation complies with the Department’s Quality Assurance Framework, and therefore not required to submit a response to this criteria, will they automatically receive 10 per cent?


Condition 1 is only applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the Request for Tender).

In responding to Condition 1, Tenderers must provide information sufficient to demonstrate continued certification against the relevant Quality Standard. In order to maintain their Quality Assurance


Framework certification, organisations must ensure that minor non-conformances whether against the relevant Quality Standard or the Department’s Quality Principles are closed out within the timeframes specified by the audit.


1.41. When evaluating tender responses, will the assessors have access to regional variations?

Yes, assessors will have information at the Employment Region level.

1.42. Will there be a business reallocation process applied to WfD Coordinator, NEIS and HLS?

It is currently anticipated that any reallocation of NEIS Places will occur following any performance assessment discussions which may occur at 18 and 30 months after the commencement of the Employment Services Deed. However, the Department reserves the right to reallocate the number of NEIS Places allocated to a NEIS Provider, at any time, as a result of poor and high performance. See section 4.12.

There will be no business reallocation process for the Harvest Labour Services Deeds. Business reallocation is not planned for the Work for the Dole Coordinator Deed, but may be a remedy for an under-performing Employment Region if other remedial activity fails to address under-performance by the incumbent Work for the Dole Coordinator.

1.43. With the larger scale of Employment Regions, are there any parameters put on criteria that are relevant to the expansion in the scale of operations needed by an organisation?

Section 7.12.6 of the RFT provides information on the Department’s consideration of ‘Capacity to deliver’. That is, as part of the evaluation process, consideration will be given to the capacity for an organisation to deliver business in all the Employment Regions or Harvest Areas where it has been successful in preliminary allocations of business. This includes both existing Providers, as well as new employment services providers.

1.44. This has been a frustrating process. Once the RFT period is finished, who can I talk to?

The Department is interested in any feedback on the process at any time. Comments or complaints may be made to the Employment Purchasing Hotline. Further information is provided at Section 6.2.4 of the RFT. In addition, the Tender provides for debriefing of Tenderers. Information can be found at Section 6.2.4 of the RFT.

1.45. We are a Registered Training Organisation. Does this meet the Department’s requirements in terms of Quality Standards?

As described in Section 2.18.5 of the Request for Tender, the Department’s Quality Assurance Framework comprises two elements: the Department’s Quality Principles and certification against one of the Department of Employment’s approved Quality Standards. The four Quality Standards approved by the Department are:

• ISO 9001

• the Employment Services Industry Standard

• the National Standards for Disability Services

• Investors in People


Further information in relation to gaining certification against the Department’s Quality Assurance Framework can be found in Appendix D of the Request for Tender.

1.46. Will we be expected to enter into MOUs with Employment Providers as is currently the case with JSAs?

Under current Work Experience Activity arrangements, Job Services Australia (Stream Services) Providers are responsible for delivering Work Experience Phase (WEPh) and Work for the Dole activities. However, under Employment Services 2015-2020, Work for the Dole Coordinators will source Work for the Dole places and Employment Providers will identify Job Seekers for those places. As such, a Memorandum of Understanding would not be possible for the delivery of Work for the Dole services.

A Tender for Work for the Dole Coordinator Services could propose a Subcontractor to perform part of the Services. If a Tenderer wishes to engage a Subcontractor to perform part of the Services, details of the proposed Subcontracting arrangements must be provided in the Tender. Subcontractors are considered by the Department to be subservient to the Tenderer, unable to influence the Tender submission and potentially unaware of the content of a Tender response. Successful Tenderers who utilise subcontractor(s) will assume full responsibility for the actions of those subcontractor(s) against the requirements of the relevant Deed.

As indicated in Section 6.4.4 ‘Under the terms of the Deeds, Providers can only Subcontract Services with the written permission of the Department’.

1.47. Do you have to be a registered RTO to qualify for tendering services?

No. As indicated in Section 7.2.3, the Department expects that there will be a mix of Providers, including for-profit and not-for-profit organisations, across Australia.

1.48. In terms of the streams, if we look at the inner caseload, there are three per cent of Job Seekers in Stream C. Has the Job Services Classification Instrument been adjusted to reflect the new service delivery model?

The Job Seeker Classification Instrument will be used to determine a Job Seeker’s’ eligibility for Stream A or Stream B. Job Seekers will be assessed for Stream C using an Employment Services Assessment or a Job Capacity Assessment. (See Section 2.8 of the Request for Tender.)

1.49. The Request for Tender uses the term “non-allowee youth” in describing some young Job Seekers rather than “young Job Seekers not in receipt of income support”. Why has this apparent change in terminology occurred?

“Non-allowee” is used as a shorter, descriptive term, but has the same meaning as “not in receipt of income support” in the Request for Tender. The term “non-allowee youth” is used in describing service eligibility for a subset of Job Seekers not in receipt of income support who may receive Stream C Employment Provider services as Vulnerable Youth.

(See Section 2.6 and Appendix B – Eligibility for Employment Services in the Request for Tender for Employment Services 2015-2020, as well as the related definition of “Vulnerable Youth” at Annexure A1 of the draft Employment Services 2015-2020 Deed.)

1.50. What is the percentage split for high, medium and low Job Seekers per Stream?

As outlined in Section 2.6 of the Request for Tender, as at 30 June 2014 there were 809,000 Job Seekers on the Job Services Australia caseload. Based on the current profile of Job Seeker characteristics it is


anticipated that, at the start of the Employment Services 2015 model, approximately 55 per cent of Job Seekers will be in Stream A, 28 per cent in Stream B and 17 per cent in Stream C. Stream participant numbers are not disaggregated further.

1.51. Section 2.9.1 Sanctions are mentioned throughout the RFT, what exactly will they be? Are they defined anywhere?

Sanctions may be applied and remedial taken in instances where an Employment Provider is found to have breached or failed to satisfy any obligation or requirement under the Employment Services Deed. The Deed provides that the Department will exercise its rights in relation to remedies reasonably and in good faith, taking into account the relevant breach. This means that any remedy that the Department imposes must be proportionate to the size, scope and impact of the relevant breach. Possible sanction action could include imposing additional reporting requirements on an Employment Provider; imposing additional conditions on the payment of fees; or suspending further referrals to the Employment Provider pending rectification of the breach. The Department has developed a Sanctions Framework to inform the assessment of the size, scope and impact of a breach and determine the application of appropriate sanctions under the Employment Services Deed. Just as the current Sanctions Framework is available to organisations that have an executed 2012-2015 Deed, the new 2015-202 Sanctions Framework will be available to successful Tenderers once they have executed a 2015-2020 Deed.

1.52. Section 6.9.7 Guidelines, if compliance changed guidelines this could result in additional costs to providers. How will they be compensated?

The RFT outlines the fees payable to employment services providers for the period 2015-2020.

1.53. Would the Department please confirm the date by which performance data for the period ending 30th September 2014 will be made available to Tenderers.

As set out in Section 7.10.4 of the Request for Tender, for existing Providers contracted by the Department of Employment, the Department will use current performance and other quantitative data held by the Department. This will include the Job Services Australia Star Ratings for the three year period to the end of September 2014 which are scheduled to be released on Friday 7 November 2014.

1.54. Given the magnitude of change anticipated in implementing the Department's new model for the design and delivery of Employment Services, and the likely timeframes available for Transition / Implementation, we are of the view that a comprehensive Transition / Implementation Plan should be provided by each Tenderer and should form a part of the Department's evaluation of the Tenderer's ability to identify and effectively manage transition risks. We therefore ask that the Department require Tenderers to submit their draft Transition / Implementation Plan as an Attachment to their Criterion 3 and Criterion 4 Organisation Level response.

Successful Tenderers and outgoing providers are expected to work with the Department to facilitate a smooth transfer to the new contracting arrangements. The Department has a dedicated team of experienced officers who are managing the transition process and who will engage with successful Tenderers following the announcement of outcomes.

1.55. We seek clarity of the definition of ‘Effective Exit’ in the draft Deed, (b), (ii) Page 51 states:‘Effective Exit’ means the automatic removal of: (b) A fully Eligible Participant from the Department’s IT Systems as being eligible for the full range of Services when:


(ii) The Department is advised by DHS that the Fully Eligible Participant is fully meeting their part-time Mutual Obligation Requirements and no longer needs to remain connected to the Provider.To assist our understanding, can an example of when this would occur be provided?

There are two main cohorts of Job Seekers that may have part-time Mutual Obligation Requirements:

• Principal Carer Parents with a youngest child aged six or above: Principal Carer Parent (as defined under the Social Security Law) must be actively looking for suitable part time work of at least 15 hours per week, or undertaking other approved activities as agreed with their Employment Provider. A Principal Carer Parent can choose to fully meet their Mutual Obligation Requirements by undertaking 30 hours per fortnight of (or any combination of) suitable paid work, approved study (where the total number of hours includes contact and non-contact hours), or voluntary work (in certain circumstances).

• Job Seekers with a Partial Capacity to Work: Job Seekers with a Partial Capacity to Work of 15-29 hours per week can fully meet their Mutual Obligation Requirements by undertaking 30 hours per fortnight of (or any combination of) suitable paid work or approved study.

When participation in these approved activity/ies is likely to be ongoing, or last more than 13 weeks, and the Department of Human Services has determined that the Job Seeker no longer needs to be connected to the Provider, then an Effective Exit will occur.

[Source: Request for Tender for Employment Services 2015–2020 - Page 49, footnotes].

1.56. Appendix D of the RFT refers to a list of Department-approved Quality Assurance Framework Auditors to be published by the Department on the Provider Portal. Can you advise the date by which the Department will issue that list?

A Request for Application for Inclusion (RAI) on the Quality Assurance Framework Multi Use Auditor List will be advertised on the AusTender website (www.tenders.gov.au) soon. Further information, including the application requirements and submission timeframes, will be provided with the release of the RAI.

1.57. The Draft Deed (Clause 98) requires organisations to have submitted their Quality Assurance Certification Report and their applicable Quality Standards Report ‘on or before nine months from the Deed Commencement Date, and on any other date Notified by the Department.’ Can you advise what timing and requirements will apply in the case of Auditors’ reports that might note either major or minor non-conformances?

This question relates to the Service Delivery Plan for Employment Provider services, which must not be changed without the prior written agreement of the Department. (Refer to Clause 73.2).

That is correct. In accordance with the clause 98 of the draft Employment Services 2015-2020 Deed, both the Quality Principles Report and the Quality Standards Audit Report must be submitted to the Department of Employment on or before nine months from the Deed Commencement Date.

If the report(s) contain any Major Non-conformances, the Major Non-conformance must be addressed such that Quality Assurance Framework certification can be achieved by 1 July 2016. In the case of the Quality Principles, Major Non-conformances must be downgraded to Minor Non-conformances within three months of the closing meeting of the audit.

Please see Appendix D of the Request for Tender, for more information regarding non-conformance under the Quality Assurance Framework.


1.58. Can the Department indicate how significant the changes will need to be for the purposes of triggering the need to get the prior written agreement of the Department to make changes to the Service Delivery Plan? For example, some changes might involve the revision of existing services, such as a new approach to helping people to prepare their resumes, or ways to prepare for job interviews. Also, is prior written agreement needed also for the introduction of additional services, such as the implementation of a new mobile app, for example?

Organisations which become Employment Providers are required to maintain accurate and up-to-date Service Delivery Plans which are approved by the Department of Employment. As described in Appendix C of the Request for Tender (RFT), variations to a Service Delivery Plan would need to be considered by the Department in the context of whether the proposed change materially alters the service offer.

1.59. Following on from discussions with Department of Employment concerning the Western Australian Pre Release Prisoners Employment Program (PEP) we had in May this year, and with the changes to the Employment Services model for 2015, are there planned changes to the Providing Job Services Australia to Pre-release Prisoners Guidelines for the new model?

The Request for Tender for Employment Services 2015-2020, Appendix B – Eligibility For Employment Services, states on page 178 that prisoners must meet all of the following criteria to be eligible for services under Employment Services 2015-2020:

• In the last 12 months of their sentence and be approved by corrective services case managers.

• Meet one of these criteria

o Be an adult pre-release prisoner, even though not on Income Support, that has been referred to a Provider by a state or territory Correctional Service Officer and Directly Registered by the Provider.

o Be a detainee or prisoner aged 15 to 21 (or 24 subject to the passage of Legislation), not in full-time education or training, who has been registered with Department of Human Services as looking for work.

More detailed information on the servicing of Pre-Release Prisoners under Employment Services 2015-2020 will become available become available to providers closer to the date of implementation.

1.60. In regards to Job Seekers who transition into the new service: The "Transition in" table shows which period Job Seekers on JSA will go into in the new service. However, do Job Seekers start at the beginning of the period that they go into or at the point at which they left JSA? For example, if a Job Seeker transfers from stream 1 services 6-12 months when they are at month 10, will they have to complete 2 months of WfD or 6 months?

As per table 2.10 in the Request for Tender, the Stream and Period of Service in Job Services Australia will determine the Stream and Phase/Period in Employment Services 2015-2020 to which the Job Seeker will be Transitioned. The Job Seeker will commence at the beginning of the corresponding Phase/Period. That is, in your example the Job Seeker will be required to complete six months in the Work for the Dole phase.

The servicing requirements in each Phase are outlined at Section 2.9 of the Request for Tender (RFT) and information on the activities undertaken during the Work for the Dole Phase is included in Section 2.10 of the RFT.


1.61. Could you please advise if Indigenous Wage Subsidies will be included in any part of the JSA Deed 2015-2020?

There will not be a separate Indigenous wage subsidy under the draft Employment Services 2015-2020 Deed. However, Indigenous Job Seekers will be able to access the range of wage subsidies available for youth, mature age Job Seekers and the long term unemployed (LTU), and as part of the Tasmanian Jobs Programme. Regarding the LTU wage subsidy, Indigenous Job Seekers will be able to access this if they have been unemployed and with an Employment Provider (including a Job Services Australia provider) for at least six months.

Information on wage subsidies is at Section 2.9.9 of the Request for Tender for Employment Services 2015-2020.

1.62. Will the tenderers be able to include the cost of interpreter services in their tenders?

Tenderers should consider how their proposed servicing strategy will be delivered within the Administration Fees, Outcome Fees and Employment Fund credits that they will have available to them. Accredited interpreter services may be reimbursed from the Employment Fund for Fully Eligible Participants in line with any Guidelines. The Guidelines will include that in seeking reimbursement from the Employment Fund, providers consider the relative needs of all Job Seekers on their caseload and ensure value for money is achieved.

1.63. Illegal Maritime arrivals will be subject to the same mutual obligations as others including the “stronger participation incentives” for the under 30s. Will they be able to count participation in English classes and volunteer community work as contributing to their obligations?

Since 1 July 2014, Illegal Maritime Arrivals who have been found to be owed protection (those holding substantive temporary protection visas) and have work rights have been required to participate in Employment Services and undertake Mutual Obligation activities. They have the same rights and responsibilities as all other Job Seekers eligible for employment services.

Section 2.10 of the Request for Tender (RFT) describes the Mutual Obligation requirements of Job Seekers by age group including Illegal Maritime Arrivals. The Skills for Education (SEE) programme, or other accredited language literacy and numeracy training, and volunteer work are considered as approved activities and, subject to the provisions outlined in Section 2.10.3 and Table 2.4 of the RFT, may contribute to Job Seekers meeting their Annual Activity Requirement.

1.64. Over the course of the Request for Tender period we have had several enquiries from local JSA’s asking us to sign Service Level Agreements from now through until 2020 to work together to support their tenders to you. At this point in time we have a history of working with these agencies but due to a staffing re-structure have minimal commitment to work in the training and employment sector. I need to be clear about whether they are needing these SLA’s to reflect our past working relationship or an anticipated relationship moving forward. The drafts that have been sent to us are a commitment to work together in the future. At this stage we are not in a position to sign SLA’s but may be able to provide some other sort of support letter that makes reference to our previous working relationship with these agencies. Would this be of any benefit to their applications?

The Department is not able to comment on why a prospective Tenderer may have contacted a particular organisation or what arrangements prospective tenderers might put in place.


The Employment Services 2015-2020 tender requires tenderers to include details of any subcontractors or members of joint ventures they propose in their tender response. Tenderers have until 16 January 2015 to provide evidence of formalised arrangements with such business partners (refer section 6.4.3 of the tender).

1.65. We are looking at subcontracting arrangement for specialist services for specific cohorts in the EP tender. These services will be provided in XXX offices. Would this be then regarded as a Group tender or still be a single entity bid? Do we put the sites as Single entity or subcontractor if the sites will be XXX offices and XXX is the lead tenderer? The RFT states that subcontractors cannot provide Employment Services. Can I please get clarity on what Employment Services include?

A description of a Tendering Group can be found in Section 6.4.3 and that of a Subcontractor can be found in Section 6.4.4 of the RFT. A key differentiator between the two relationships is the influence that each party has on a tender bid. Subcontractors are considered by the Department to be subservient to the tenderer, unable to influence the tender submission and potentially unaware of the content of a tender response. Tendering Groups, on the other hand, are considered to have jointly formulated a tender response with each party privy to the detail contained therein. The Department will not enter into a Deed with an organisation in a subcontracting capacity. The Department will only sign Deeds with legal entities who are tendering in their own right, tendering in their own right with nominated subcontractors, or tendering as the lead member of a consortium or other commercial alliance.

As indicated in Section 6.4.3 of the RFT ‘Tenderers are not required to have formalised their group tendering arrangements at the time of lodging their tender submission. Tenderers must, however, provide the legal names and ABNs of the organisations that will form part of the Tendering Group (see Part B – Tender Information).

The Department cannot advise you of how you structure your organisation, or how or if you tender, see Section 6.4.14. If you only wish to subcontract to successful Tenderers, they will need to provide details of your organisation in their tender submission.

You may like to refer to Section 6.4.4 of the RFT which states in part that “Some Tenderers may want to deliver Services through Subcontractors. Under the terms of the Deeds, Providers can only Subcontract Services with the written permission of the Department” and further, “A Subcontractor may be nominated as part of a tender by one or more Tenderers. A nominated Subcontractor may also tender in its own right”

Clarification on what Employment Services include can be found in the definition of Employment Services, in the Glossary of the RFT, which states:

“A generic term used in the Request for Tender to refer to the services available for tender as part of the Request for Tender. It includes services to be provided by:

• Employment Providers

• Work for the Dole Coordinators

• New Enterprise Incentive Scheme Providers

• Providers of Harvest Labour Services

• the Provider of the National Harvest Labour Information Service.”


1.66. We are tendering as a sole trader. However, we intend to use several preferred providers in our service delivery model (eg.RTO does training). We propose to do this through the use of Memorandum of Understanding (MOU). Does this fulfil the terms as required in the tender for a sole trader?

Under Employment Services 2015-2020, a Memorandum of Understanding would not be possible for the delivery of services.

A Tenderer could propose a Subcontractor to perform part of the Services. If a Tenderer wishes to engage a Subcontractor to perform part of the Services, details of the proposed Subcontracting arrangements must be provided in the Tender. Subcontractors are considered by the Department to be subservient to the Tenderer, unable to influence the Tender submission and potentially unaware of the content of a Tender response. Successful Tenderers who utilise subcontractors will assume full responsibility for the actions of those subcontractors against the requirements of the relevant Deed.


1.67. I am hoping to view the “Projections by Industry” tab in the LMIP data for the Murray Riverina Employment Region. When I download the file I can see the industries of employment but when I select the Projections by Industry tab there is no data available.Departmental employment projections are only available down to the SA4 level. Some of the Employment Regions (including the Murray Riverina Employment Region) do not align closely to SA4 boundaries. In these cases, the data spreadsheet states that employment projections by industry are not available.

The data spreadsheets for these Employment Regions do, however, provide data from the ABS 2011 Census of Population and Housing on the number of people employed by industry, which gives an indication of the industry structure of these labour markets.

1.68. Would the Department please clarify how employer requirements must be established in order to justify funding of non-accredited training via the EFGA. Specifically:a) Would the Department please confirm that a group of employers within a local labour market and / or an organisation or peak body representing a specific industry / occupation may establish this requirement on behalf of its members? For example, where a local Chamber of Commerce or industry network group identifies a local labour shortage and stipulates requirements. b) Would the Department please confirm that, in order to assist employers with labour force planning and productivity management, non-accredited training can be be funded via the EFGA to prepare Job Seekers for the requirements of a specific job with an employer who has confirmed that vacancies will open in the future.c) Would the Department please confirm that a training course containing both accredited and non-accredited units may be funded via the EFGA, where that course has been established soley for the purpose of prepare a Job Seeker to meet the requirements of a specific position, rather than a current vacancy. For example, a course combining units from Cert III Hospitality with resume and interview tailoring to meet the expectations of employers in the wine / viticulture industry.The scenarios presented at (a), (b) appear to meet the intent of the Request For Tender, noting that the non-accredited Vocational training would need to be prerequisite for individual Job Seekers to fill the vacancies in the local labour market, rather than being a broad brush approach to training a number of


Job Seekers. The circumstances of each situation would need to be taken into account. There cannot be training for training’s sake.

In regard to scenario (c), if the training course described was an Accredited Vocational training course in its own right it may be funded through the Employment Fund where there are vacancies or impending (at the end of the course) vacancies for people with the particular qualification. The Employment Fund cannot be used to provide general resume or interview skills training.

1.69. In the RFT and draft IT Deed there are specific ISO compliance requirements. Could you clarify the timelines that the compliance requirements have to be in place e.g. from date of signed contract, from start of Transition or from 1/7/15 or other date.With respect to IT, the ISO compliance and accreditation requirements only apply to providers with a system supplied to a Provider, or one built or configured in-house by a Provider, to replace or be an adjunct to the IT systems provided by the Department.

Further Details relating to accreditation including ISO compliance and the relevant timeframes are available in the draft Third Party IT Provider Deed which is available on the Department’s Employment Services Procurement Information page: http://employment.gov.au/employment-services-procurement-information.

The draft Third Party IT Provider Deed requires accreditation of relevant systems by a qualified Information Security Registered Assessors Program (IRAP) assessor within six months of the execution of the Third Party IT Provider Deed. Where an IRAP Assessor is responsible for delaying the assessment the Department may choose to give an extension of time to complete the accreditation.

Providers will only be able to grant access to systems or information related to the Employment Services 2015-2020 Deed to Third Party IT systems where a signed Third Party IT Provider Deed is already in place. This applies from the start of the new Deed on 1 July 2015.

1.70. Question - Is this viewed as a competing bid? Point 7.9 in the FAQ does not fully address this question.Rationale: 1. RFT clause 6.4.9 states that "If the Department receives a tender from one entity and a separate tender from another entity and the Department determines that one of the two entities is either Controlled by or a related body corporate of the other, these tenders may be treated as alternative tenders...." and "For the purposes of this section "controlled" and "related bodies" have the same meaning as in the Corporations Act 2001 (Cth)"s50AA of the Act states that:Control (1) For the purposes of this Act, an entity controls a second entity if the first entity has the capacity to determine the outcome of decisions about the second entity's financial and operating policies. (2) In determining whether the first entity has this capacity: (a) the practical influence the first entity can exert (rather than the rights it can enforce) is the issue to be considered; and (b) any practice or pattern of behaviour affecting the second entity's financial or operating policies is to be taken into account (even if it involves a breach of an agreement or a breach of trust).


(3) The first entity does not control the second entity merely because the first entity and a third entity jointly have the capacity to determine the outcome of decisions about the second entity's financial and operating policies. (4) If the first entity: (a) has the capacity to influence decisions about the second entity's financial and operating policies; and (b) is under a legal obligation to exercise that capacity for the benefit of someone other than the first entity's members; the first entity is taken not to control the second entity. 2. My interpretation of the definition is that a 33% shareholder would by law be unable to determine the outcome of any decisions made by the entity. It follows that it would not be able to influence the content of the company's tender bid. 3. For completion a related body corporate is by virtue of s50:Related bodies corporate Where a body corporate is: (a) a holding company of another body corporate; or (b) a subsidiary of another body corporate; or (c) a subsidiary of a holding company of another body corporate; the first-mentioned body and the other body are related to each other.

This is not applicableTwo different situations are involved in section 6.4.9 of the Request for Tender.

In the first situation, where a tender is put forward by an organisation or sole trader and that organisation or sole trader also puts forward a tender as part of a consortium (or partnership) it would be treated as alternative tenders and the Department may exclude either or both tenders from further consideration. This is covered by the first sentence in the section.

In the second situation, where a tender is put forward by one organisation and a second tender is put forward by another organisation that is linked to the first organisation, by control or as a recognised related body corporate, the two tenders will be treated as alternative tenders and the Department may exclude either or both tenders from further consideration. This situation is where the Corporations Act 2001 (Cth) is used to define the situation and link the two organisations.

Regarding your interpretation of the Corporations Act 2001 (Cth), and extrapolation with respect to tender bids; a minority shareholder could be privy to the content of the tender’s bid, regardless of whether they could influence its content or not. They could therefore be in a position to compose their own competing tender bid to counter that content. For this reason, as noted above, standalone bids from a member of a joint venture bid for the same service in the same Employment Region will be regarded as a competing bid and one or both may be excluded at the sole discretion of the Department. The same applies if two or more group bids contain the same member organisation for the same service in the same Employment Region.

1.71. Further clarification question: The crucial aspect of the original question was that there may not be a new entity for a Group tender. And if there is no new entity, is accreditation status assumed from the lead member? does that accreditation status determine whether Condition 1 or Condition 2 applies?


Response Sent: Under Condition 1 of Criterion 1 (Section 7.10.3) the Request for Tender states that organisations that are not tendering in the same legal capacity under which they achieved Quality Assurance Framework certification must respond to Condition 2.The Department considers that a Tenderer which is a new entity, although formed from organisations which achieved Quality Assurance Framework certification in their own right, is not tendering with the same legal capacity as the organisations which achieved certification. Therefore, the Tenderer would respond by addressing Condition 2.As stated at section 2.18.5 of the Request for Tender, Employment Providers will be required to gain certification against the Quality Assurance Framework within 12 months of the commencement of the Employment Services 2015-2020 Deed [ie by 5.00 pm (Canberra time) on 1 July 2016] and maintain certification for the duration of the Deed.Original Question:If all constituent members within a Group tender are accredited against the Department's Quality Assurance Framework does Condition 1 or Condition 2 within Employment Providers Criterion 1 apply? If Condition 2, how is it possible to gain accreditation, as there is no new entity?If the Lead Member was certified against the Quality Assurance Framework (QAF), and has not changed its legal identity since obtaining the QAF certification, then it may respond, on behalf of the Tendering Group, in accordance with Condition 1. If the Lead Member has changed its legal identity since obtaining QAF certification , then Condition 2 applies.

1.72. On page 105 of the RFT it specifies that:Tenderers that have not formalised their group tendering arrangements at the time of lodging their tender submission will be required to provide evidence by 5.00 pm (Canberra time) Friday, 16 January 2015 that they have formalised the arrangements. At that time, the Department will require confirmation of the group tendering arrangement described in the tender submission, and evidence from constituent members of their commitment to the entity.Can we clarify what is required in terms of evidence that we have “formalised the arrangements”. Our tendering group is proposing to tender under an unincorporated Joint Venture. We have initial documentation in place between the parties under which we have agreed to tender as the tendering group and which specifies that the Tendering Group parties will enter into a Joint Venture Agreement to facilitate the delivery of the relevant services in the event of a successful tender.A copy of the documentation where each member has made their initial commitment will be provided with the Tender as requested in the RFT (pg 123 - Group Tendering). I.e. we will have provided evidence of each party’s commitment to the JV at that stage.Is that what is contemplated to be provided by 16 January - or would we be required to provide the executed Joint Venture Agreement at that time?(despite the fact that until a contract is awarded, there is no reason otherwise to form the Joint Venture.)The Department will require a copy of documentary evidence, signed by all parties to the group, which confirms the arrangements proposed in the tender application have been formalised. This may take the form of a memorandum of understanding, contract or other form of legal agreement between the parties. The group, through the lead member or authorised representative, will also need to confirm the group name and the ABN that will be used for the group no later than 16 January. As you note, this date precedes likely announcements of winning bids, however assessment of bids can only proceed when


there is certainty of membership of Group bids. Any change in membership from that indicated in tender responses will need to be taken into consideration during bid assessment.

1.73. If we nominate a location as outreach (to be serviced seasonally, or as needs arise) , will we be allocated a site code for each outreach location?The nominated sites of successful Tenderers whether full-time, part-time or outreach will be allocated a site code in the Department’s system for each location.

1.74. As a current DES Provider, do we need to complete the Audit History Form (if we do not have any other contracts with local/state/federal or overseas governments)?You should include all known DES (DMS and ESS and NPA) audits conducted by the Department of Social Services since September 2013 which is when the DES programme was no longer managed by the Department of Employment.

If you are unsure about whether the audits were undertaken before or after September 2013, please include them and note the uncertainty about dates in your response. This includes monitoring and site visits, PIM activities and other known audits. You should not include any audits undertaken by the Department of Employment.

1.75. On 22 October, the Department advised that “where a Region overall is rated above 2 stars, only the relevant Site/s rated 2 stars or below will be in-scope” for business reallocation. If a Region is overall rated above 2 stars, please advise how the Department will calculate the volume of business to be removed from relevant Site/s rated 2 stars or below in that Region?Where a 2-Star or below Site is subject to business reallocation, how the Department of Employment will approach adjusting a provider’s Business Share will be advised to providers, consistent with past practice, prior to the reallocation process.

1.76. Will the Department consider Disability Employment Services (DES) data as part of its tender evaluation?Disability Employment Services are administered by the Department of Social Services rather than the Department of Employment.

Where a Tenderer wishes to have performance in delivering Disability Employment Services considered, they should include that as part of their response.

1.77. Will the Job Services Classification Instrument (JSCI) scores be re-calibrated to reflect exit rates?The Department is committed to maintaining the accuracy and integrity of the Job Seeker Classification Instrument (JSCI) while also ensuring ease of administration by the Department of Human Services and providers.

The JSCI is subject to regular review and monitoring to ensure that Job Seekers are allocated to the appropriate levels of service based on their relative disadvantage in the labour market.

Additionally as part of the design of the Employment Services 2015 model the Department will review the current JSCI workflow to identify opportunities for improvements and efficiencies.

1.78. Will the Job Services Classification Instrument cut off thresholds be published?


The Job Seeker Classification Instrument score bandwidths will not be published during the tender period.

1.79. Have the published counts been reduced to account for this group, or should the reader make their own calculated reductions?In relation to the note on the data sheet ‘that Job Seekers can meet their Annual Activity Requirement through participation in other approved activities such as, part-time work, participation in Skills in Education and Employment (SEE) Training, Defence Force Reserves and so on’; the counts in the data sheets have been adjusted to reflect estimated proportions of Job Seekers who will meet their Annual Activity Requirement through participation in activities other than Work for the Dole.

In relation to the note on the data sheet that ‘the count also has not been adjusted for Job Seekers under 30 years of age who are subject to the Stronger Participation Incentive in Stream B who will participate in Work for the Dole at the six month point’; a similar adjustment has not been made.

In using the data provided on the Labour Market Information Portal, prospective tenderers should note the accompanying text provided.

1.80. There looks to be an error in the LMIP ES2015 data file for Ballarat. Employment by industry for Ag, forestry and fishing has a fivefold increase in the year to 2014.Estimates of regional employment by industry from the ABS Labour Force Survey are four quarter averages of original data and are subject to some level of sampling error. Movements in these data may reflect sampling variability and, accordingly, should be interpreted with caution.

1.81. Part A – Tender Declaration, section 5. Could you please specify the naming convention to be used for the attachment which will we are required to provide to fulfil the requirement of Part A Tender Declaration, section 5: “I have attached a letter of compliance as part of this submission which indicates my compliance with the Workplace Gender Equality Act 2012”.If the Workplace Gender Equality attachment is to be submitted; Tenderers should include the file, naming it ‘Workplace Gender Equality – your tenderer name ’, and include it with your tender pack.

For more information, Tenderers can view section 9.4 ‘Zipping files before upload to AusTender’ of the Tenderer Checklist.

1.82. Our organisation currently holds a Job Services Australia tender as a Tendering Group (Consortium) with only one member of the Consortium directly delivering Employment Services. We are again tendering as a Consortium. The Quality Assurance Framework, at Attachment D of the RFT, states that the lead member of the Tendering Group must achieve and maintain certification against QAF. This clear statement is not reflected in the clause 98 of the draft Deed, which requires the Provider (which includes a Tendering Group) to obtain a QAF Certificate. Under clause 98 of the draft Deed it could be interpreted such that all members of the Tendering Group need a QAF Certificate. Can you please confirm that only the lead member of a Tendering Group is required to obtain a QAF Certificate?Clause 98 of the Draft Employment Services Deed 2015-2020 (the Deed), states the Provider must obtain a Quality Assurance Framework (QAF) Certificate no later than 12 months from the Deed Commencement Date or any other date Notified by the Department.


As stated in Appendix D - Quality Assurance Framework of the Request for Tender (RFT) where the Employment Provider is a collection of organisations delivering Services as a Tendering Group, the lead member of the Tendering Group must achieve and maintain certification against the Quality Assurance Framework.

Therefore the lead member acting on behalf of the Tendering Group must obtain QAF certification by 5.00 pm, Canberra time, Friday 1 July 2016.

1.83. I would like to raise a query about the following particular Question and Answer from published Q and A on the RFT.The inclusion of subcontractors in the answer to question 1.64 (reproduced below) seems to include sub-contractors in the opportunity to provide more information to the Department by January 16th 2015. But does this mean that organisations submitting bids that involve subcontracting are: a. also required to provide evidence of formalised tendering arrangements? And if so,b. have until 16th January to provide that evidence? (This would not be consistent with Section 6.4.4 – Subcontracting arrangements of the RFT)1.64. Over the course of the Request for Tender period we have had several enquiries from local JSA’s asking us to sign Service Level Agreements from now through until 2020 to work together to support their tenders to you. At this point in time we have a history of working with these agencies but due to a staffing re-structure have minimal commitment to work in the training and employment sector. I need to be clear about whether they are needing these SLA’s to reflect our past working relationship or an anticipated relationship moving forward. The drafts that have been sent to us are a commitment to work together in the future. At this stage we are not in a position to sign SLA’s but may be able to provide some other sort of support letter that makes reference to our previous working relationship with these agencies. Would this be of any benefit to their applications?AnswerThe Department is not able to comment on why a prospective Tenderer may have contacted a particular organisation or what arrangements prospective tenderers might put in place.The Employment Services 2015-2020 tender requires tenderers to include details of any subcontractors or members of joint ventures they propose in their tender response. Tenderers have until 16 January 2015 to provide evidence of formalised arrangements with such business partners (refer section 6.4.3 [Group Tendering] of the tender). The original question asked about whether details of past or prospective subcontracting arrangements need to be furnished as part of tender submissions. The Employment Services 2015-2020 tender requires tenderers to include details of any proposed subcontractors in their tender response.

Only Tenderers that have not formalised their group tendering arrangements, including commercial relationships with subcontractors, at the time of lodging their tender submission will be required to provide evidence by 5.00 pm (Canberra time) Friday, 16 January 2015 that they have formalised the arrangements. At that time, the Department will require confirmation of the group tendering arrangement described in the tender submission, and evidence from constituent members of their commitment to the entity’ (refer Section 6.4.3 of the tender).


Subcontractors are considered by the Department to be subservient to the tenderer, unable to influence the tender submission and potentially unaware of the content of a tender response.

1.84. Will successful Tenderers who take on LTU clients as part of the transition arrangements receive the current credit for these clients of $990?Yes. As per section 2.9.9 of the Request for Tender, Job Seekers who have been unemployed and with an Employment Provider (including Job Services Australia providers, Disability Employment Services or the Remote Jobs and Community Programme) for 12 months, or six months for Indigenous Job Seekers, will attract a credit of $990 into the Employment Fund. For Job Seekers who are immediately eligible for the LTU Wage Subsidy on transition, the $990 will be credited upon commencement into Employment Provider Services.

1.85. The Wage Subsidy Account, states job seekers who have been unemployed and with an Employment Provider (including a JSA Provider) for 12 months (or 6 months for Indigenous jobseekers) will attract an Employment Fund credit which can only be used for Long Term Unemployed Wage Subsidies. Does this include time with a DES Provider, if the Job Seeker then transfers to Employment Services?Yes, time for unemployed Job Seekers in Disability Employment Services and the Remote Jobs and Community Programme immediately prior to transfer to Employment Provider Services will also count toward the 12 months (or six months for Indigenous Job Seekers) for the purposes of the $990 Long Term Unemployed Wage Subsidy credit.

1.86. You mention in the RFT that Post Placement Support can be claimed to a maximum of $60 per hour. Is this for any face-to-face support or does this need to be delivered by a "professional" in the same manner as "Professional Services"?If a Job Seeker is accessing Professional Services through the employment fund prior to starting work, can we still use the employment fund to pay for this whilst they are in work? If so, would this attract the Professional Services rate or the Post Placement Support rate?Please could the department clarify what constitutes a "professional" in regards to Professional Services?Post-Placement Support is where an Employment Provider works with a job seeker or their employer after the job seeker is placed into a job in order to address issues that may be jeopardising the achievement of an employment outcome. The Employment Provider will be able to seek reimbursement for this contact using the Post-Placement Support rate of up to $60 per hour. There is no requirement for Post Placement Support to be delivered by a qualified professional or face-to-face. Instead it should be tailored to the specific needs of the Job Seeker and/or their employer.

Where the contact reveals the need for a Professional Services intervention in order to maintain the job seeker in the job (for example, psychological counselling), the Employment Provider may seek reimbursement through the Employment Fund for the cost of the Professional Service.

If the Professional Service by the Employment Provider is delivered in-house, the Professional Services rate would apply. It is expected that the Employment Provider would not duplicate any services available to the Job Seeker through the employer.


An Employment Provider cannot simply continue Professional Services assistance that was being provided to the Job Seeker prior to the job placement where such assistance is not considered necessary to maintain the Job Seeker in that job.

Post-Placement Support and subsequent Professional Services interventions as described above may only be funded through the Employment Fund if delivered while the Job Seeker is tracking toward an Outcome, or, if the Job Seeker is in a Wage Subsidy Placement, according to relevant Guidelines.

1.87. After reading the Q & A supplied by the department I have been left with more questions regarding Subcontracting and MOU's. 1. We are expecting to be completing a response to the department for EPS services under the ES tender however we would like clarity around our proposed model? There are simular questions in the Q & A however the response refers to the RFT and gives no clear definition on what the relationship would constitute. Traditionally this would have been done under a service agreement or MOU. Would this still be suitable? If not is subcontractor the correct term? 2. Will Training providers be excluded from delivering services to Employment Providers if they have not been listed as a Subcontractor? 3. If we run a motivational training program for mothers returning to the workforce and then market them to employers is this claimable under the Employment Fund?1. Question 1.66 of the published Q and As states that “Under Employment Services 2015-2020, a Memorandum of Understanding would not be possible for the delivery of services.” Providers may however, deliver services through a subcontractor. Please see Section 6.4.4 of the RFT for information on Subcontracting arrangements.

2. Section 6.4.4 of the RFT states that “Under the terms of the Deeds, Providers can only Subcontract Services with the written permission of the Department”. Tenderers that intend to deliver services through subcontracting arrangements must nominate their subcontractors in Form Part B – Tender Information – of the pack downloaded from AusTender as part of Addendum 2.

3. The Employment Fund cannot be used to provide general motivational training. A provider may spend Employment Funds on non-accredited training only where it is a requirement of the employer in relation to employment of an individual job seeker in a specific job. (Refer Section 2.9.7 of the Request for Tender for Employment Services 2015-2020.

1.88. Is Lord Howe island part of the Sydney East Metro Employment Region (serviced as it is currently within the Inner Sydney ESA)?Lord Howe Island is part of the Employment Region of Mid North Coast.

This can be seen using the mapping tool which the Department has published on the Labour Market Information Portal (LMIP), which allows the Employment Regions to be viewed in Google Maps. Please select the link to Google Maps Engine from the following page: http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/DigitalMappingFiles

Once the map is displayed, simply locate the region of interest and select it by clicking on the left mouse button. This will generate a label which displays the Employment Region name (see screenshot below).


2. Statement of Requirements - Employment Provider Services2.1. With regards to the Stronger Participation Measures for the under 30s, if the Job Seeker turns 30 on the programme, are these measures removed and normal support levels introduced?Once a Job Seeker turns 30 years of age they will be no longer subject to the Stronger Participation Incentives for Job Seekers aged under 30 measure and servicing arrangements for Job Seekers aged 30 and over will apply. The Stronger Participation Incentives for Job Seekers aged under 30 measure is subject to the passage of legislation.

Can the original Employment Services provider (where a Job Seeker secured employment) maintain contact with the Job Seeker and employer after a Job Seeker has transitioned to another provider, to ensure outcome payments continue?

The Employment Services 2015 model is focused on Job Seekers meeting employer needs and Employment Providers will be required to ensure that both employers and Job Seekers are supported to achieve sustainable outcomes. Where a Job Seeker transfers to another provider as a result of the Transition, contact with the gaining provider may be useful to ensure there is joined up servicing for the Job Seeker.

In order for providers to ensure Job Seekers achieve sustainable employment outcomes and maintain good relationships, the Department encourages providers to stay in contact with employers. For Transition, assuming all relevant criteria are met, relinquishing Job Services Australia Providers will be eligible to claim Outcome Fees for a transitioning Job Seeker where they have been placed into employment and the Outcome Start Date for the Outcome is prior to the Employment Services Deed 2012-2015 end date.

RFT references: Sections 2.13, 2.15.3 and 2.19.5.

2.2. If providers are to monitor jobseeker activity recorded in the AJS, what obligation will there be on the jobseeker to use the AJS and Department apps to record their job search activity?


Job seekers will be able to utilise AJS to report their job search efforts to providers from July 2015. Jobs applied for from within AJS will be captured by the system without requiring direct job seeker interaction. Where Job Seekers have applied for jobs outside of AJS they will also be able to record these within AJS. When Job Seekers record applications in AJS, this information will be available directly to their provider.

Job Seekers use of AJS or mobile applications is voluntary and Job Seekers will be able to report their job search outside of AJS where they choose to. The online functionality available to Job Seekers offers a simple and streamlined way of recording and keeping track of their job search effort. Where a Job Seeker uses the online functionality, providers will benefit in having readily available information and visibility of the Job Seekers efforts. Providers should encourage Job Seekers to use the online services so they can provide efficient and targeted assistance.

2.3. With the Job Plan, is there a template that is supplied or will the provider be required to develop their own template?

Job Plan template will be made available to providers through the Departmental IT system. Providers must use this Job Plan template.

2.4. Can you clarify the difference between the Service Delivery Plan and our responses for each criterion? Will there be a proforma? Is the Service Delivery Plan expected to go on walls or be an electronic document?

Successful Tenderers will be required to submit one or more Service Delivery Plans that reflect their tender bid. The purpose of the Service Delivery Plan is to provide information to Job Seekers and/or employers about the particular services they can expect from each Employment Provider. It is a communication tool between Job Seekers, employers and other stakeholders and needs to be written in a format which can be easily understood by these stakeholders. The Service Delivery Plan should encompass the commitments made by Tenderers in their response to tender.

The RFT provides guidance (at Appendix C) to prospective Employment Providers in developing a Service Delivery Plan and outlines Department’s expectations. There will be no proforma which a Service Delivery Plan needs to comply with, however the guidance at Appendix C provides the core elements which are expected to be covered. The format and style of the Service Delivery Plan(s) are for the Tenderer to define.

The Service Delivery Plan(s) are expected to both be displayed and in electronic form. Page 182 Appendix C states that “the Service Delivery Plan(s) must be able to be provided to stakeholders, including Job Seekers and displayed prominently in their offices. The final Service Delivery Plans are required to be part of a providers’ Connection for Quality page on the Australian JobSearch website and therefore, Employment Providers will need to ensure that the documents meet accessibility guidelines”.

2.5. With the LTU Wage Subsidy, can it be offered in conjunction with other subsidies?

The only subsidy that can be offered in conjunction with the LTU Wage Subsidy is the Tasmanian Jobs Programme. No other subsidies can be offered in conjunction with the LTU Wage Subsidy. Refer Table 2.3 in section 2.9.9.

2.6. Can different types of wage subsidies be combined?

Information on wage subsidies is included at section 2.9.9 of the RFT. The Tasmanian Jobs Programme is the only wage subsidy that can be combined with other wage subsidies.


2.7. In the Employment Services RFT, section 2.18.10 Business Reallocation says that “Providers assessed at 2 Stars or below at the Site or Employment Region level at these points in the Deed will be in scope (for business reallocation).” Does this mean that a Provider is in scope to lose all business in an Employment Region if a single site is rated 2 Star at the time of business reallocation? Please advise.

No, where a Region overall is rated above 2 stars, only the relevant Site/s rated 2 stars or below will be in-scope.

2.8. Can the Department please confirm that Early School Leaver policy as noted on page 34 of the RFT has the same meaning and intent as current Early School Leaver policy?

Yes

2.9. Table 2.10: Transition of Job Seekers - Employment Services: varies significantly from, and also provides more detail than, the table that had previously been provided in the draft RFT. I am therefore seeking to confirm that the only Job Seekers who will move into the SPI Servicing Requirement phases, as outlined in Table 2.1: Servicing requirements, will be those that are Stream A and B Job Seekers, are under 30 and have been registered post 1 January 2015? (I.e. Have been registered for between 0 to 6 Months on 1 July 2015).

Am I right in therefore also presuming that it is only this cohort of Job Seekers that will attract the SPI Administration fee with all other transitioning under 30 job seekers attracting the lesser fee?

As per Table 2.10 in the Request for Tender (RFT), Job Seekers in Job Services Australia Streams 1 and 2 who are subject to the Stronger Participation Incentives for Job Seekers under 30 measure (subject to legislation) as at 30 June 2015 will transition to the “SPI Case Management Period” in Stream A or B, as applicable. These Job Seekers will have been registered during the period from 1 January 2015 and identified as included under the measure. (See Section 2.5.1 of the RFT.)

Eligible Job Seekers who are aged under 30 years, and who commenced with a Provider before 1 January 2015, will be moved progressively to the Stronger Participation Incentives for Job Seekers under 30 measure arrangements after they have completed their first period of Work for the Dole within the Employment Services 2015 model (subject to passage of legislation). – Section 2.10.4 of the RFT

Job Seekers subject to the Stronger Participation Incentives for Job Seekers aged under 30 measure in Streams A and B will attract the $350 Administration Fee ($438 with regional loading). All other Job Seekers in Streams A, B and C not subject to the Stronger Participation Incentives for Job Seekers aged under 30 measure will attract the $250 Administration Fee ($313 with regional loading) – Section 2.16.2 of the Request for Tender.

2.10. Clarification re under 30 measures – I’m seeking more detail about exclusions for stream C clients.

As indicated in Table 2.1 and at sections 2.9.2 and 2.10 of the Request for Tender, all Stream C Job Seekers have the same servicing arrangements, with Job Seekers under 30 years having an Annual Activity Requirement of 25 hours per week over six months and Job Seekers aged 30 to 59 having an Annual Activity Requirement of 15 hours per week over six months.

Job Seekers in Stream C are not covered by the Stronger Participation incentives for Job Seekers under 30 measure outlined at section 2.5.1 which is subject to the passage of legislation.

2.11. Is it a requirement that the monthly contacts for Job Seekers under 30 years of age are undertaken face to face?


In most cases it will be expected that monthly contacts between providers and Job Seekers included in the Stronger Participation Incentives for Job Seekers aged Under 30 years (which is subject to the passage of legislation) will be conducted face to face.

2.12. Can the Department please confirm that Early School Leaver policy as noted on page 34 of the RFT has the same meaning and intent as current Early School Leaver policy?

Yes.

2.13. Would the Department please confirm that, for Job Seekers undertaking interventions involving psychological services that would be eligible for funding under the Professional Services provisions of the EFGA, then the cost of administering and interpreting accredited assessments - for example, but not necessarily limited to, IQ testing - may be funded through the EFGA.

Consistent with Section 2.9.7 of the Request for Tender, the Employment Fund General Account may not be used for the costs of administering and interpreting accredited assessments, for example, IQ testing.

Providers may consider using their Administration Fees or Outcome Fees for such assessments as desired.

2.14. Relocation Assistance – eligibility for U30s, is this under same criteria as per current programme (RAttuaJ)? (ie. testing of new location)

Yes – all Job Seekers will be subject to the same Relocation Assistance to Take Up a Job eligibility as outlined in the Request for Tender at 2.5.3 and referred to in section 2.5.1 at page 23.

2.15. There were changes to the definition of non-allowable funding through the Employment Fund from the Exposure Draft to the Request for Tender in relation to training. If the training is not accredited will the provider have to cover the cost of the course?

The provider may spend Employment Funds on vocational non-accredited training, but only where it is a requirement of the employer in relation to employment with their organisation (for example, an induction requirement subject to pre-approval by the Department).

2.16. Will Early School Leavers have an obligation to look for work?

Early School Leavers cannot have compulsory job search requirements.

2.17. Current post placement support focusses on jobs in jeopardy. Will post placement support be a critical part of servicing or only in a situation where there is a job is in jeopardy?

The Employment Services 2015 model is focused on Job Seekers meeting employer needs and Employment Providers will be required to ensure that both employers and Job Seekers are supported to sustain employment.

Post Placement Support is a key part of servicing. It will be reliant on Providers to determine what support is required to ensure the Job Seeker maintains employment and employers needs are met.

RFT reference: Sections 2.4 and 2.13.

2.18. Can any wage subsidy / EPF expenditure from the current deed be committed with current funds or expected to pay out of the 2015 Employment Fund?

For Employment Pathway Fund expenditure including wage subsidies, please refer to Section 2.19.3 of the Request for Tender which states that: “The Department will honour all commitments made by Job Services Australia Providers that cannot be finalised by the date of Site closure, as long as these


commitments have been made in accordance with the Employment Pathway Fund Guidelines, the Employment Services Deed 2012-2015 and recorded in the Employment Services System”.

For other wage subsidies, please refer to the Section 2.19.6 which states that: “Employment Providers will be required to manage agreements with Employers where the Job Seeker’s previous Job Services Australia Provider is no longer providing Employment Services in that location. Guidelines will be provided with more details about these arrangements”.

2.19. Section 2.12.1 Unpaid Work Experience will be allowed in Private Sector entities, will this include the JSA provider?

Employment Providers may provide, broker or purchase an Unpaid Work Experience Placement activity as long as the activity meets all requirements for Unpaid Work Experience Placements outlined in the Deed and relevant Guidelines. Current requirements will remain, including that Providers must not provide an Unpaid Work Experience Placement in their own organisation if the activity fulfils a function which would normally be undertaken by the Provider under the Deed, if some or all of the activity would have been undertaken by a paid worker if the activity had not taken place, or if the activity is deemed to be an employment relationship under state or territory legislation.

2.20. Section 2.18.4 Weightings, 26 Week outcomes are stated as being 30% of performance ratings, Table 2.9 on Page 67 adds to 20%, which one?

As shown in Table 2.9 of the Request for Tender (RFT), for each Stream, ‘Time to 26 Week Full Outcomes’ comprises 10 per cent of the weighting for the Star Ratings, with the ‘26 Week Full Outcomes’ having a weighting of 50 per cent.

With regard to text on page 66 of the RFT that ‘Key Government priorities are also emphasised, with the Indigenous Outcomes and Work for the Dole performance measures accounting for 30 per cent of an Employment Provider’s overall rating’, the 30 per cent referred to comprises the ‘Time to commence in Work for the Dole’ (10 per cent), ‘26 Week Indigenous Job Seeker Outcomes’ (10 per cent) and ‘Work for the Dole Participation’ (10 per cent) performance measures.

2.21. Section 2.18.6 Are the Summary “Service Delivery Plans” what the Providers will be held to in the Deed rather than the details of the RFT?

Once a Service Delivery Plan is agreed it will represent a schedule to the Deed and be subject to Deed provisions. In addition to this, tender representations made by providers which are outside the Service Delivery Plan will also be subject to contract monitoring to which a provider must adhere to in accordance with the Deed.

The Service Delivery Plan should be unique to each Provider and outline their servicing strategies and approach to Job Seekers and/or employers, and the Department will assess Providers are meeting their service delivery standards outlined in the Service Guarantee, their Service Delivery Plan and tender response.

2.22. Section 2.19.6 Will the new providers be at any financial risk with administering carry over wage subsidies?

Employment Providers will not be at any greater or lesser financial risk in relation to carry over wage subsidy payments. There will be specific transition rules as outlined below;

Restart and Tasmanian Jobs Programme (Non EPF Wage Subsidies)


As outlined in the Request for Tender (see section 2.19.6), Employment Providers will be required to manage agreements with Employers where the Job Seeker’s previous Job Services Australia Provider is no longer providing Employment Services in that location. Guidelines will be provided with more details about these arrangements. Restart and the Tasmanian Jobs Programme are funded through a separate national pool of funds so funding will be available in relation to approved agreements. Gaining providers will need to ensure that payments are eligible and meet requirements.

Employment Pathway Fund Wage Subsidies

The current Employment Pathway Fund (EPF) will be closed effective 1 July 2015. The Department will honour all commitments made by Job Services Australia Providers for EPF wage subsidies that cannot be finalised by the date of Site closure, as long as these commitments have been made in accordance with the Employment Pathway Fund Guidelines, the Employment Services Deed 2012-2015 and recorded in the Employment Services System. Further advice on transition arrangements will be communicated to providers during the transition period (see section 2.19.3).

2.23. Section 2.7.6 Under what circumstances will Job Seekers usually transfer to another Employment Provider in the same Employment Region?

Job Seekers who remain unemployed will usually be transferred, along with their Business Share, to another Employment Provider in the same Employment Region where they remain unemployed over a two year period (for Stream A Job Seekers) or a three year period (for Stream B and C Job Seekers) with one Employment Provider.

Factors taken into account by the Department when deciding on Job Seeker transfers would include whether the Job Seeker has been in employment which has resulted in an Outcome Payment in the past two or three years (as applicable), or is employed or undertaking a Work for the Dole placement (or alternative activity) when their transfer is expected to occur, and proximity to an alternative provider. RFT references: Sections 2.7.4 and 2.7.6.

2.24. Section 2.9.8 It states in this section that an Employment Provider may draw on their General Account to supplement Long Term Unemployed Wage Subsidies. On page 42 table 2.3 states that the Long Term Unemployed Wage Subsidy may not be used in conjunction with other wage subsidies. Does this refer only to the Additional Tools and not to the use of the General Fund?

An Employment Provider may only use the General Account for the purpose of ‘topping up’ funding for Long Term Unemployed Wage Subsidies where the Employment Provider does not have sufficient funds in the Wage Subsidy Account to pay the $6,500 subsidy to Employers. The General Account cannot be used to pay for or ‘top up’ any other wage subsidy type.

This is different from using one Wage Subsidy in conjunction with another Wage Subsidy. Employment Providers may only use a wage subsidy in conjunction with another when the second subsidy is part of the Tasmanian Jobs Programme. RFT reference: Section 2.9.9

2.25. When a Job Seeker undertakes a Full Time Short Course, will they be suspended for this period or is it expected that they will move onto a Student Payment and exit for the duration?

Are Early School Leavers (ESL) Job Seekers expected to undertake 25 hours per week for the entire period of their ESL status?

Full-time Short Course


Job Seekers with full-time mutual obligation requirements will not be suspended from Employment Provider services for the duration of their short course.

Most people who undertake full-time study should test their eligibility for a student payment such as Austudy or Youth Allowance (student). However, recipients of income support payments such as Newstart Allowance, or Youth Allowance (other) or Parenting Payment Single may participate in a full-time short course. Generally, providers can approve short courses for a Job Seeker on the condition that the courses are:

• vocationally orientated

• less than 12 months in duration

• likely to provide a Job Seeker with a qualification that will result in an employment outcome or improve their employability, or lead to qualifications in an identified area of skills shortage.

Job Seekers with part-time mutual obligation requirements can meet their mutual obligation requirements through a full-time short course, and would be suspended for the period of the course.

The definitions and hours of participation in a short course vary according to:

• the type of allowance the Job Seeker is receiving;

• whether the Job Seeker is a Principal Carer Parent (PCP); or

• whether the Job Seeker has a Partial Capacity to Work (PCW).

To meet a Job Seeker’s Annual Activity Requirements, training needs to involve study for the required number of hours at least at Certificate III level in a skills in demand area (refer Table 2.4 in the Request for Tender).

Early School Leavers (ESL)

To meet mutual obligation requirements ESL are required to participate in:

• full-time study or training (approved by either the Department of Human Services or their Employment Provider), or

• in part-time study or training, in combination with other approved activities such as employment, Work for the Dole, voluntary work or non-vocational activities typically for at least 25 hours per week, or

• participate in programmes which fully satisfy their requirements, such as Stream C non-vocational activities (for those who may not have the capacity to undertake study/training) or Disability Employment Services while they continue to be ESL.

The requirement for ESLs to be engaged in 25 hours of activities is a requirement under Social Security Law.

ESLs with part-time mutual obligation requirements (i.e. Principal Carer Parents or Job Seekers with a Partial Capacity to Work of 15-29 hours) per week will generally need to participate in approved activities for 15 hours per week.

2.26. Does a Job Seeker have to continue in a group based activity until its completion if that activity is due to last longer than the minimum 6 month period?


No, Job Seekers’ Annual Activity Requirements are 650 hours or 390 hours over 26 weeks (as applicable). Job Seekers will not be required to participate in activities beyond their completion of this requirement.

2.27. “The following items cannot be funded through the Employment Fund General Account:

non-accredited training, except where the training is a requirement of the Employer to prepare the Job Seeker for a specific job”

In the above statement in the RFT, if it is specific industry training courses to upskill the Job Seeker for a specific job - do we have to identify the Employer before the training or can we reverse market the Candidate to potential employer after they have gained skills in the industry.

The provider may spend Employment Funds on vocational non-accredited training but only where it is a requirement of the employer in relation to employment with their organisation (for example, an induction requirement subject to pre-approval by the Department).

Therefore in relation to non-accredited training the employer will need to be identified first for the course to be funded from the Employment Fund.

2.28. It seems that there is a concern that specialist employment services which have been providing intensive case work with refugees and migrants are unlikely to get funding in their own right as specialist services. However, from my reading of the document it appears that specialist services have to join up with a larger provider for the tender process.

This is correct. See Section 7.2.3 of the Request for Tender.

2.29. In relation to transitioning Job Seekers moving into in Stream A and outcome fees, the RFT outlines on page 61 that “Employment Providers will be eligible to begin to claim for an outcome for a Stream A Job Seeker only after they have been unemployed for 3 months…”. Can the Department please clarify that job seekers will transition from JSA to ES 2015-2020 with their UE period as determined by DHS, and not reset to 0, and that providers will therefore be able to claim outcomes for transitioned Stream A Job Seekers from the commencement of contract if they have been classed as 13 weeks UE by DHS?An Employment Provider will be eligible to claim an outcome payment for a Job Seeker who has transitioned to Stream A from Job Services Australia (JSA) Stream 1 or 2 where the Job Seeker:• has been Commenced in Stream A• Commenced their most recent service in Stream 1 or 2 (ie the period of service to 30 June 2015) at least three months before the Stream A Outcome Start Date.For example:• for a Job Seeker who was in JSA Stream 1 from 1 May 2015 and has Transitioned and been Commenced in Stream A, the Employment Provider would be able to claim an outcome payment where the Outcome Start date is 1 August or later, ie after the Job Seeker has completed not less than three continuous months in employment services• for a Job Seeker who was in JSA Stream 2 continuously from 1 November 2014, and has Transitioned and been Commenced in Stream A, the Employment Provider would be able to claim an outcome payment where the Outcome Start date is the Job Seeker’s Stream A Commencement date or later as they had already completed three continuous months in employment services.A Job Seeker’s Period of Unemployment (UE period) will not be reset when they Transition to Stream A.


2.30. We understand that Stream A Job Seekers must complete 3 months in Stream A before the start of an outcome period for which an outcome is being claimed. However, does this still apply in the following cases:1) Job Seekers transitioning from JSA into a later period in the new service (for example, Job Seekers who transfer during stream 1 services 6-12 months directly into stream A WfD period)

2) Job Seekers transitioning from JSA into stream A in the new service who have already completed more than 3 months in JSA

In addition, does this 3 months period reset when a Job Seeker is transferred to a new provider. For example, if a Job Seeker completes 3 months in the new service but then moves to another provider, does the clock start back at zero again?

An Employment Provider will be eligible to claim an outcome payment for a Job Seeker who has Transitioned to Stream A from Job Services Australia (JSA) Stream 1 or 2 where the Job Seeker:• has been Commenced in Stream A• Commenced their most recent service in Stream 1 or 2 (ie the period of service to 30 June 2015) at least three months before the Stream A Outcome Start Date.For example:• for a Job Seeker who was in JSA Stream 1 from 1 May 2015 and has Transitioned and been Commenced in Stream A, the Employment Provider would be able to claim an outcome payment where the Outcome Start date is 1 August or later, ie after the Job Seeker has completed not less than three continuous months in employment services• for a Job Seeker who was in JSA Stream 2 continuously from 1 November 2014, and has Transitioned and been Commenced in Stream A, the Employment Provider would be able to claim an outcome payment where the Outcome Start date is the Job Seeker’s Stream A Commencement date or later as they had already completed three continuous months in employment services.If a Job Seeker commences in Stream A and transfers to a new provider their total time in Stream A will be counted.2.31. Section 2.16.3 - Outcome Payments suggests that Providers will be eligible to lodge an outcome for Stream A Job Seekers only after they have been unemployed for 3 months. Under the transition arrangements, we would like to confirm that Stream 1 or 2 Job Seekers who transition to Stream A (e.g. 0-6 months) would be eligible for an outcome payment if they are placed immediately following transition and are 3 months or more unemployed.

An Employment Provider will be eligible to claim an outcome payment for a Job Seeker who has transitioned to Stream A from Job Services Australia (JSA) Stream 1 or 2 where the Job Seeker:

• has been Commenced in Stream A

• Commenced their most recent service in Stream 1 or 2 (ie the period of service to 30 June 2015) at least three months before the Stream A Outcome Start Date.

For example:

• for a Job Seeker who was in JSA Stream 1 from 1 May 2015 and has Transitioned and been Commenced in Stream A, the Employment Provider would be able to claim an outcome payment where the Outcome Start date is 1 August or later, ie after the Job Seeker has completed not less than three continuous months in employment services

• for a Job Seeker who was in JSA Stream 2 continuously from 1 November 2014, and has Transitioned and been Commenced in Stream A, the Employment Provider would be able to claim an outcome


payment where the Outcome Start date is the Job Seeker’s Stream A Commencement date or later as they had already completed three continuous months in employment services.

2.32. The Draft Deed outlines that you can’t make more than 4 x 4 Week Outcome Claims in any 12 month period. Are there any restrictions around the number of claims that can be made for 12 Week Outcomes, if Job Seekers do not reach the 26 Week outcome? e.g. they drop out of work at week 15, having claimed a 12 week outcome. If we place them into work again can we claim another 12 week outcome.There are no restrictions on the number of eligible claims that can be made in any 12 month period for 12 Week Outcomes for an individual Job Seeker.

2.33. Can the Department confirm if there is any time period in which a Job Seeker who ceases employment can be replaced into employment to secure an outcome claim from the original job start date?A combination of jobs can be used to satisfy an outcome provided that the conditions for the income and hours requirements are met from the Outcome Start Date.

2.34. The Outcome Tables show the different Streams (A, B and C). What impact will the JSCI have on determining the stream?The Job Seeker Classification Instrument (JSCI) will be used to determine a Job Seekers’ eligibility for Stream A and Stream B. Job Seekers will be assessed for Stream C using an Employment Services Assessment or a Job Capacity Assessment. See Section 2.8 of the Request for Tender.

2.35. Will Employment Providers get a full outcome payment for a NEIS placement? Employment Service Providers will be entitled to a Partial Outcome Payment for a NEIS Placement, as noted in Section 2.16.3 of the Request for Tender.

2.36. Would the Department please confirm what documentary evidence will be required for Providers to establish the acceptability of training within a Work for the Dole Activity (ie. How the Provider must establish that the training is not the primary element and satisfies the criteria in RFT 2.11.2).Any training required for a Work for the Dole Place should be identified before the commencement of the Job Seeker in the activity (refer clauses 108.8 and 111.5 of the draft Employment Services 2015-2020 Deed).

Any specific documentary evidence required in regard to training within a Work for the Dole Activity will be addressed in guidelines.

2.37. I have a further question regarding the answer provided to question number one:The Department have stated that if a Region is overall rated above 2 Stars, any sites in that Region rated 2 Stars or below will be in scope for reallocation. Does this mean that business share will be allocated at site level, not Region level? And further, if a site has insufficient data, is it also in scope for reallocation?Original Question: In the Employment Services RFT, section 2.18.10 Business Reallocation says that “Providers assessed at 2 Stars or below at the Site or Employment Region level at these points in the Deed will be in scope (for business reallocation).” Does this mean that a Provider is in scope to lose all


business in an Employment Region if a single site is rated 2 Star at the time of business reallocation? Please advise.Original Response: .No, where a Region overall is rated above 2 stars, only the relevant Site/s rated 2 stars or below will be in-scope.As set out in Section 2.7 of the Request for Tender, Business Share will be allocated at the Employment Region level, not at the Site level. Whether Sites with insufficient data to calculate a Star Rating will be in-scope for business reallocation will be advised to providers, consistent with past practice, prior to the reallocation process.

2.38. We are an existing Stream Services Provider in XX ESA and we have chosen to respond to Criterion 2 for this Employment Region (ER). We are not operating in the YY ER but are tendering for this ER. Can we submit a response to Criterion 2 for XX ER and not submit one for the YY ER? Can we submit one without the other?As outlined in Section 7.10.4 of the Request for Tender, Tenderers which are current Stream Services providers have the option of not providing a response to Selection Criterion 2 Demonstrated Performance regardless of whether they are a current Job Services Australia Provider in the Employment Region for which they are applying.

For existing Stream Services Providers which are tendering for an Employment Region in which they are currently delivering Services, the Department will derive Employment Region performance data based on their performance in those Employment Services Areas which lie either fully or partially within the Employment Region’s boundaries. For existing Stream Services Providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data.

2.39. Is the Employment Fund (EF) available to provide extra assistance to Job Seekers that are doing NEIS, to cover some of the other costs which they may have, e.g. business cards?Employment Providers will have discretion to use the Employment Fund to provide assistance to NEIS Participants where the Employment Provider is able to demonstrate that such assistance meets the Employment Fund principles, and is in accordance with any Guidelines. Employment Providers may not use the Employment Fund to duplicate services covered by the NEIS Fee (including mentoring of NEIS Participants as stated in Section 2.9.7 of the Request for Tender).

2.40. Feedback from employers is that a "waiting period" of 6 months before an employer of a wage-subsidy eligible Job Seeker receives the first wage subsidy payment will constitute a significant barrier to employers' willingness to take on less job ready Job Seekers. We request that the Department make 25% of the first wage subsidy payment payable after the Job Seeker has been employed for 4 weeks, 25% payable after 12 weeks and 50% payable after 6 months. Alternatively, would the Department please confirm that an Employment Provider may draw on the EFGA to make payments to employers specifically to offset the additional onboarding, training and supervision costs incurred by employers in the first 12 weeks of a Job Seeker's employment (above and beyond the costs that an employer would usually expect to incur as a part of regular recruitment.), with any such offset payment amount being returned to the EFGA once it is available to the Provider through the Employment Fund Wage Subsidy Account.The payment milestones for each of the Wage Subsidies are as outlined in the Request for Tender (Section 2.9.9).


The Employment Fund General Account may not be used for wage subsidies except where an Employment Provider funds additional wage subsidies for Long-Term Unemployed Job Seekers which are not funded through the Long-Term Unemployed Wage Subsidy Account. Such subsidies must be paid, however, in accordance with the eligibility and payment criteria of the Long-Term Unemployed Wage Subsidy as outlined in Section 2.9.9 of the Request for Tender.

To assist employers, the Employment Fund may be used for work-related items, professional services, Post Placement Support, accredited vocational training or non-accredited vocational training where it is a requirement of the employer to meet the employer’s specific recruitment and induction needs and with pre-approval by the Department.

In addition, as per current arrangements, paid work trials of up to two weeks can be reimbursed through the Employment Fund General Account according to Guidelines.

2.41. Would the Department please confirm that an employer will be eligible for a pro rata wage subsidy payment in the event that a wage subsidy-eligible Job Seeker ceases employment through no fault of the employer at any time between employment commencement and the end of the applicable wage subsidy payment period.For the wage subsidies listed at Table 2.3 of the Request for Tender for Employment Services 2015-2020, as indicated in the Table, no payments, including any pro-rata amount, will be made to the Employer if the participant ceases employment before the completion of the relevant six month period.

2.42. Please could you clarify whether our understanding on the administration fee is correct?• If a Job Seeker starts work and stops claiming income support, they will be eligible for full outcome payments but will no longer attract an administration fee. However, there will also be no pro-rata recovery of any administration fee already paid.

• If a Job Seeker starts work but still claims income support they could be eligible for partial outcome payments (providing their claim is reduced by 60%) and will still attract an administration fee.

A Job Seeker may exit Employment Provider Services for a number of reasons, including when they start work and stop claiming income support. In the scenario described above, the Provider may claim an Outcome Payment in this instance, provided all requirements are met for a 4, 12 or 26 Week Outcome Payment. The Provider will no longer be eligible to claim Administration Fees in respect to the Job Seeker once they have exited. No pro-rata recovery of Administration Fees will be undertaken when a Job Seeker Exits service. Refer to section 2.6.2, 2.16.2 and 2.16.3 of the RFT.

In the second scenario described above, where a Job Seeker commences work but is still in receipt of income support, where the Job Seeker’s income support is reduced by an average of at least 60 per cent due to employment, the Provider may be eligible to claim a 4 or 12 weeks Outcome Payment provided all other requirements are met. In this scenario, provided the Job Seeker remains eligible for Employment Provider Services and Commenced on the Provider’s caseload, they will attract an Administration Fee. Job Seekers who are Suspended from Services will not attract Administration Fees. Refer to section 2.6.2, 2.16.2 and 2.16.3 of the RFT.

2.43. For stream As, is the period for which we cannot claim job outcomes three months from the date of referral or three months since being unemployed .


For example, if a stream A who has been unemployed for longer than 3 months (such as transferring from another Employment Service Provider after 2 years) is referred, are we still unable to claim any job outcome during their first 3 months?

A Stream A Job Seeker must have completed three months and one day in Stream A before the start of an outcome period for which an Outcome Payment is being claimed. Refer clause 125.1(b)(ii)(A) of the draft Employment Services 2015-2020 Deed.

2.44. Employment Services RFT: Section 3.1 of Part E (ii) asks “Is your organisation currently contracted to deliver JSA services”. If the Consortium lead agency is not a JSA provider but the other Consortium group members are, do we answer yes or no?If a member of the Tendering Group is a JSA provider, you would answer ‘yes’ to question 3.1 on Part E (ii).

2.45. I note when bidding for a region you can tailor your bid in two ways:1. You can now bid just for part of a region but DoE expressly say that is not their preferred approach; or2. You can do a conditional bit where you calibrate your site numbers by the conditional caseload bids you put in for.

Can we use conditionality arrangements to bid for a part area of an ER on a smaller bid range, and then for a larger bid range, add sites across the whole ER (i.e. ‘full coverage’). Would we still be able to tick off in the form on providing full geographic coverage for an ER?As your bid potentially offers full coverage and partial coverage, depending on the amount of business awarded, you may tick either full coverage or partial coverage at item 2.2 of Part c (i). Note that you should also use the comments box at item 2.3 of Part c (i) to describe any partial coverage proposed and as detailed in the site conditionality form – Part C (i) (a).

Addendum 8 advised that Section 7.7 of the Request for Tender had been amended, and provided a new form – Part C (i) (a), where Tenderers with bids such as yours, can clearly articulate on the form the minimum business share for a particular Site and / or where the type of site proposed may differ according to business share. If a Tenderer does have any conditionality on to a site or a business share, this form should be left blank. Further information on conditionality can be found in the RFT at Section 7.7 and in Addendum 8 which is published on AusTender.

2.46. Would the Department please confirm that a Job Seeker may participate in more than one period of Unpaid Work Experience during their period of unemployment, provided that any second or subsequent period is not with the same employer or with a different employer where the work experience is substantially similar. For example, a Job Seeker's job goals may change from seeking employment in the retail sector to the hospitality sector.Job Seekers may undertake more than one Unpaid Work Experience placement during their unemployment period providing the placements allow them to gain vocational skills, have a high likelihood of leading to sustainable employment and meet all the conditions outlined in the Employment Services 2015-2020 Deed and Guidelines. The conditions will include, for example, the need to ensure that there is no displacement of paid workers or exploitation of Job Seekers.


3. Statement of Requirements – Work for the Dole3.1. A Tenderer may specify that its provision of Work for the Dole Coordinator Services in an Employment Region is conditional on it winning business for Employment Provider Services in the same, or another Employment Region.”Part C (ii) the Bidding for Business WfD Coordinator form in 2.2 has a different definition that refers to conditionality for WfD Coordinator bids across regions, as opposed to linking to Employment Services and does not seem to accommodate a response to 8.7.

How would the Department like respondents to indicate conditionality for WfD Coordinator services linked to winning Employment Services in the same Employment Region as it doesn’t seem to fit the response form?

The WfD bidding for business form provides no capacity (drop down) to make a WfD region bid conditional on winning Employment Services business in that same region.

This has been addressed in Addendum 6 to the Request for Tender for Employment Services 2015-2020.

In accordance with clause 7.7 of the RFT, a Tenderer may not specify in its Work for the Dole Coordinator Tender that its offer of its Work for the Dole Coordinator services in one Employment Region is conditional on it winning business for Work for the Dole Coordinator services in another Employment Region.

There is an error in this regard in Part C (ii) Bidding for Business – Work for the Dole Coordinator Question 2 – Employment Region, which is corrected by Addendum 6.

Question 2.2 of the Part C (ii) proforma states (emphasis added):

“A Tenderer may specify that its provision of Work for the Dole Coordinator services in an Employment Region is conditional on it winning business for Work for the Dole Coordinator services in the same, or another Employment Region (`the essential Employment Region') Refer section 7.7 of the RFT. Tenderers should consider the implications of specifying conditional Bids. Specified conditions could mean that the Tenderer's partial or entire Bid is unsuccessful. The Department will not offer business at a locality unless the condition the Tenderer specified has been achieved. Nor will the Department allocate business simply to ensure that a Tenderer's conditionality provisions are met or that a Bid for one Service is conditional on winning business for another Service. If applicable, please indicate the Essential Employment Region and the Conditional Employment Region. If there is no conditionality, please leave blank.”

This Question should read (emphasis added to highlight the words changed by Addendum 6):

“A Tenderer may specify that its provision of Work for the Dole Coordinator services in an Employment Region is conditional on it winning business for Employment Provider Services in the same, or another Employment Region (`the essential Employment Region') Refer section 7.7 of the RFT. Tenderers should consider the implications of specifying conditional Bids. Specified conditions could mean that the Tenderer's partial or entire Bid is unsuccessful. The Department will not offer business at a locality unless the condition the Tenderer specified has been achieved. Nor will the Department allocate business simply to ensure that a Tenderer's conditionality provisions are met or that a Bid for one Service is conditional on winning business for another Service. If applicable, please indicate the Essential Employment Region and the Conditional Employment Region. If there is no conditionality, please leave blank.”

Tenderers should refer to clause 7.7 of the RFT for further information about conditional bids.

Please refer to Addendum 6 which was published on AusTender on 17 October 2014.

3.2. Re Work for the Dole. Apart from satisfying normal requirements regarding not for profit organisations can private companies be hosts?


Work for the Dole activities can only be hosted by not-for profit organisations/charities, or local, state, territory or Commonwealth Government organisations or agencies (see section 2.11.5). For-profit organisations are not eligible to be Activity Host Organisations. Where a for-profit organisation has an associated not-for profit entity, that not-for profit entity may be an Activity Host Organisation.

3.3. Under Section 2.11.7 “Payments for Work for the Dole” there are two paragraphs (bottom of page 54 & top of page 55) referring to unexpended fees for Individual Hosted Activities. One paragraph says “the Employment Provider may use the balance for services undertaken by the Employment Provider that are related to referral of Job Seekers to Work for the Dole activities” while the other paragraph says “the Employment Provider must use the balance solely for services undertaken by the Employment Provider that are directly related to that Individual Hosted Activity.” Please advise which is correct.

This is clarified in Addendum No 5 which was issued on AusTender on Friday 10 October 2014.

3.4. Please can you clarify the measure for KPI 1. Under Section 2.18.5 “Measurement of efficiency and effectiveness” KPI 1 (page 67) refers to the measure as “placing Job Seekers into Work for the Dole” and Table 2.9 “Stream and Performance Measure Weightings for Star Ratings” (page 68) refers to “Time to commence in Work for the Dole” as the measure. Please can you clarify if this is commencement in a Work for the Dole Activity? Or commencement into any activity that meets the Annual Activity Requirement? Or commencement into the Work for the Dole phase?

As outlined in Section 2.18.9 Ongoing Consultation, the Department will be consulting industry representatives on the detail underpinning the Performance Framework including the Star Ratings methodology.

3.5. The RFT states that the Department will use current performance and other quantitative data to assess the performance of existing providers. Can you provide more details on what data will be used to assess the performance of existing JSA/DS providers for the WfD Coordinator tender? Is this star ratings or other performance measures?

Where the Tenderer is currently delivering services on behalf of the Department, the Department will use current performance and other quantitative data (including star ratings) as part of the assessment of their application as well as any additional information that Tenderers choose to include in their written response.

3.6. Can you explain the conditionality clause – is it possible to state bid is for WfD Coordinator subject to winning Employment Services Business in the employment region? Can you confirm if this is a binding bid?This Response has been updated.

Yes, you may impose a condition that your bid for Work for the Dole Coordinator is subject to winning Employment Provider Services business in the same or another Employment Region. You could also make your bid conditional on you receiving a certain minimum percentage of business in one or more regions. However, you should be aware that if you do not win Employment Provider Services business in the conditional Employment Region, or if you specify a minimum threshold that cannot be accommodated, your Work for the Dole Coordinator bid will automatically be excluded, as stated in section 7.7 of the RFT:

A Tenderer may specify that its provision of Work for the Dole Coordinator Services in an Employment Region is conditional on it winning business for Employment Provider Services in the same, or another Employment Region.


If a Tenderer does indicate that its provision of Work for the Dole Coordinator Services in an Employment Region is conditional on it winning business for Employment Provider Services in the same, or another Employment Region, and is unsuccessful in winning the specified Employment Provider business, this conditionality provision will automatically exclude it from an offer of Work for the Dole business in the Employment Region where its Bid is expressed as being conditional on winning that Employment Provider business.

3.7. Where multiple places are sourced in a Group Based Activity, is a Place Fee payable for each place, ie per Job Seeker who takes up a place, or per the Group Activity?

If a place is used more than once by a different Job Seeker over time, is a Place Fee payable for each occasion or only when the first Job Seeker commences?

A Work for the Dole fee of up to $3,500 is available for each six month Work for the Dole Place in a Group Based Activity, not per placement. For example, a Group Based Activity may consist of 10 Places and up to $3500 will be available for each of these places. Therefore, a total of up to $35,000 will be available for that Group Based Activity.

If a Job Seeker leaves a Place early, the Place will need to be filled for the remaining period of time by another Job Seeker/s, however, no further payment for that Place will be available. An emphasis will be placed on continuous participation for six months. Further information will be provided through guidelines.

3.8. Page 53, sec 2.11.5 lists a range of organisations which can host Work for the Dole Places, including not-for-profit/charities, and all levels of Government departments and agencies. The private sector is not mentioned. Can Work for the Dole Places be hosted by private employers (small, medium or large)?

For-profit private organisations cannot host Work for the Dole Activities. As stated in the Request for Tender, Work for the Dole Places can be hosted by not-for-profit organisations/charities, or local, state, territory or Commonwealth Government organisations or agencies.

3.9. Point 8 in the tender checklist document is about Subcontractors - I would like a definition. Are you referring to organisations that we will utilise instead of taking responsibility for what we are paid service fees for such as: post placement support, negotiating job plans, referring Job Seekers to jobs or WFD activities. Or are sub-contractors external organisations that provide services such as: WFD Providers, allied health professionals. Would a language interpreter be a subcontractor?

A definition of a Subcontractor can be found in the Definitions section of the draft Deed. Subcontractors are considered by the Department to be subservient to the Tenderer, unable to influence the tender submission and potentially unaware of the content of a tender response. Successful Tenderers who utilise Subcontractor(s) will assume full responsibility for the actions of those Subcontractor(s) against the requirements of our Deed.


A language interpreter would not be considered a Subcontractor.

3.10. What about entering private properties?

As indicated in clause 107.10 of the draft Employment Services Deed 2015-2020, a Work for the Dole activity involving work exclusively on private property or requiring eligible Job Seekers to enter private homes or grounds is not permitted unless the activity is a Community Action Group Activity, Project of National significance, otherwise specified in any Guidelines, or agreed by the Department in writing prior to the activity commencing.


3.11. If the outcome of negotiations between a Work for the Dole Coordinator and Host Organisation to agree the cost of a Work for the Dole placement are considered unsuitable by an Employment Provider, can the Employment Provider renegotiate with the Host Organisation?

As indicated in section 2.11.4 of the Request for Tender, unless otherwise agreed with the Host Organisation, the Employment Provider cannot renegotiate the cost of the Work for the Dole Place.

3.12. Is the $3500 for Group WfD activities for each commencement, or for places? It is not unusual to set up a Group WfD Activity for 10 places however; we then have 15 to 20 Job Seekers through.

The Work for the Dole fee of up to $3500 is for each six month Work for the Dole Place in a Group Based Activity, not per placement of an individual Job Seeker. Therefore, up to $3500 is available for each Place in a Group Based Activity regardless of how many individuals go through the activity. For example, a Group Based Activity may consist of 10 Places and up to $3500 will be available for each of these Places. Therefore, a total of up to $35,000 will be available for that Group Based Activity.

3.13. Relating to WfD, addendum 5 statement regarding individual places and the money left over to be used to assist with further placements; this is inconsistent with the RFT.

Addendum 5 is a correction to the indicated text in section 2.11.7 of the Request for Tender.

3.14. Please clarify what risks are being assessed for Work for the Dole (WfD) Coordinators and what defines a ‘Competent Person’?

The Work for the Dole Coordinator will be required to identify any work health and safety issues and any other concerns with the potential Work for the Dole Place, and the steps that will be taken to address those issues. Section 3.3.1 of the draft Employment Services 2015-2020 Deed provides more detailed information on the considerations that must be included in a risk assessment

‘Competent Person’ is defined In the Glossary at Appendix A (page 163) of the Request for Tender. A ‘Competent Person’ is a person who has acquired through training, qualification or experience the knowledge and skills to carry out specific work health and safety tasks, and as otherwise specified in any Guidelines.

3.15. In terms of Work for the Dole, what type of insurance is expected?

Insurance requirements for Work for the Dole Coordinators are outlined in clause 9 and schedule F of the draft Work for the Dole Coordinator Services 2015-2020 Deed.

Insurance requirements for Employment Providers are outlined in clause 42 and 108.12 of the draft Employment Services 2015-2020 Deed.

3.16. In terms of Work for the Dole and eligible wage subsidy, what constitutes completion of Work for the Dole? Is it 650 hours over a 6 month period?

The Annual Activity Requirements for Job Seekers are summarised at section 2.10.3 of the Request for Tender and described in Table 2.4.

Job Seekers aged under 30 years will have an annual requirement to participate for 25 hours per week over six months in Work for the Dole. Work for the Dole will be the principal activity for this age group. However, they will also be able to meet their Annual Activity requirement if they have already commenced in other approved activities such as part time work. Their participation will amount to 650 hours over six months. The Employment Provider is responsible for identifying what training relates to skills in demand in each particular Employment Region.

Job Seekers aged 30 and up to 49 years will participate for 15 hours per week, over six months, in Work for the Dole, unless they have already commenced participation in another approved activity such as part time work. Work for the Dole will be the principal activity for this age group. Their participation will amount to 390 hours over six months.


Job Seekers with a Partial Capacity to Work or who are Principal Carer Parents will be required to participate for about half the number of hours required for full capacity Job Seekers. Work for the Dole will also be the principal activity for Principal Carer Parents and Job Seekers with a Partial Capacity to Work aged under 30 years.

Job Seekers aged 50 and up to 59 years will participate 15 hours per week (390 hours over six months). Work for the Dole, however, will not be mandatory.

Wage Subsidies are not available for Work for the Dole placements. Wage subsidies may be paid to eligible Employers to hire and retain Job Seekers in employment (refer to section 2.9.9 of the RFT).

3.17. In relation to the Work for the Dole requirements, is a client able to meet the requirement by undertaking training instead?

Job Seekers can meet their Annual Activity Requirement by undertaking the activities detailed in Table 2.4 of the Request for Tender and described at section 2.10.3.

3.18. In the new contract will JSA providers be able to place eligible Job Seekers with a related entity? An example: A company is a JSA provider that also has Group Training Organisation (GTO) and Labour Hire business streams (LH). A Youth under 30 has completed their first period of WfD and is now eligible for the Youth Wage Subsidy, the Job Seeker is interested in doing an apprenticeship / traineeship and is referred to the GTO.

The GTO place the Job Seeker with a host employer under a GT arrangement, which means the employer / employee relationship exists between the GTO and the Job Seeker as an apprentice, the host pays the charge out rate but the GTO is responsible for all the relevant statutory employment responsibilities such as workers compensation, sick leave, annual leave, PPE, organising the training etc.

Can the related entity GTO claim the Youth Wage Subsidy to help with the employment and training costs?

Under the new model, Employment Providers will be able to use wage subsidies where Job Seekers are employed by the Provider’s Related Entities (not including the Provider’s Own Organisation). These arrangements will apply for all Wage Subsidy types: Restart, Youth, Long Term Unemployed and the Tasmanian Jobs Programme.

RFT Reference: Section 2.9.9.

3.19. The $3500 that is potentially available for group WfD places, does this include the cost of transporting Job Seekers to an activity. Current Deed Draft 108.14 Providers can be required by a host to provide transport. Is this requirement to be funded within or outside of the available $3500?

The available Work for the Dole fee of up to $3500 for each Place in a Group Based Activity is to be used for items such as supervision and overhead costs of the Group Based activity which could include equipment or transport costs.

3.20. About specified personnel in the WFD Coordinators - it is mandatory and you are asked for the person’s details. What happens if you are recruiting?

Tenderers should include the details of key personnel who they propose for each Employment Region in responding to selection criterion 2 for Work for the Dole coordinator services (see Section 7.10.5 of the Request for Tender and Tender Application Form Part F(ii) Criteria 2,3, & 4 – Work for the Dole Coordinator Employment Region Level).

As noted in section 7.2 of the draft Work for the Dole Coordinator Services 2015-2020 Deed, successful Tenderers will need to provide details within 10 days of the commencement of the deed (if not provided


earlier) of their specified personnel who will be the primary contact for each of their Employment Regions for the Department.

3.21. Page 142 of the RFT – WfD Demonstrated Performance within the Employment Region, will the Department rely on its quantitative data and does this relate to any services provided to the Department or just those in that specific Employment Region?

The Department may consider the full range of the data it holds on services which a Tenderer has provided.

Where the Tenderer is currently delivering services on behalf of the Department, the Department will use current performance and other quantitative data (including star ratings where applicable) as part of the assessment of their response as well as any information that Tenderers have provided. This is not limited to services provided in a specific Employment Region.

3.22. Can you provide further clarification of Place Fees for Work for the Dole Coordinators?

A Place Fee of $220 for each six month Work for the Dole Place in a non-regional location or $275 for each six month Work for the Dole Place in a regional location that a Work for the Dole Coordinator has sourced is due when the first eligible Job Seeker commences in the relevant Work for the Dole place.

Places will be funded on the basis that they are of six months duration. There will be some flexibility for shorter or longer places in circumstances where a six month place is not suited to the project or the Host Organisation. Where this is the case, pro-rata payments will be made accordingly

(Refer Section 3.5 of the Request for Tender).

3.23. There will be one Work for the Dole Coordinator but several Employment providers per region. The Work for the Dole Coordinator could be affiliated with one of the Employment providers. What checks will be in place to ensure equitable distribution of places across all Employment providers?

As described at sections 2.11.3 and 3.3 of the Request for Tender, the Work for the Dole Coordinator will source places and then place them on the IT system. Work for the Dole Places will be advertised to all Employment Providers and managed on a ‘first come first served’ basis. Distribution across each Employment Region will be monitored to ensure it is fair. As part of securing Work for Dole Places, the Work for the Dole Coordinator will identify the requirements of each place, including the cost, duration and location of each Work for the Dole Place.

3.24. Can a single person apply for a Work for the Dole Coordinator?

Yes

3.25. Does the Department expect any issues with a unionised site offering Work for the Dole placements?

It is the role of the Work for the Dole Coordinator to engage with potential Host Organisations and broker appropriate activities in accordance with any guidelines. Work for the Dole places should not displace existing or potential paid workers. Work for the Dole Places can only be hosted by not-for-profit organisations/charities, or local, state, territory or Commonwealth Government organisations or agencies.

3.26. Can you provide further clarification sought in regard to payment for placement in a Work for the Dole activity?


The Work for the Dole fees for Employment Providers will be paid per six month Place (rather than per placement or Job Seeker (see Section 2.11.7 of the Request for Tender). If a Job Seeker leaves a Place early the Place will need to be filled for the remaining period of time by another Job Seeker/s, however, no further payment for that place will be available. An emphasis will be placed on continuous participation for six months. Further information will be provided through guidelines.

3.27. Work for the Dole fees are the same for each Employment Region, however the size of the region and number of places to be sourced varies. Will the Work for the Dole Coordinators be working harder in some regions?

Each Employment Region will have its own characteristics. In addition to the Service Fees due each six months from 1 July 2015, each six month Work for the Dole Place will attract a payment of $220 in a non-regional location, or $275 in a regional location.

3.28. Where a provider is tendering for WfD Coordinator in an Employment Region where it is not currently located, does it need to include a nominated person in that Region in the tender?

As detailed in selection criterion 2 at Section 7.10.5 of the Request for Tender and in form Part F(ii) Criteria 2,3, & 4 – Work for the Dole Coordinator Employment Region Level, the tender response should include details of key personnel proposed for each Employment Region.

Section 3.3.1 of the Request for Tender states that each provider of Work for the Dole Coordinator Services must:

• have specified personnel in their organisation who will have the appropriate skills to deliver the Services and undertake work on the Services in accordance with the terms of the Work for the Dole Coordinator Services Deed

• nominate one of their specified personnel to be the primary day-to-day contact for the Department for each Employment Region for which they are engaged to deliver the services. The Department must be notified of any prospective change to the specified personnel.

3.29. Is the supervision for Work for Dole places organised by Employment Providers at the time of placement?

Work for the Dole Coordinators are responsible for ensuring that appropriate and adequate supervision arrangements will be in place as part of their risk assessment.

In finalising the Activity Host Organisation Agreement and placing Job Seeker/s in a Work for the Dole activity, Employment Providers will be responsible for confirming there have been no changes to the risk assessment for the Work for the Dole Place and must ensure that the Place is appropriately and adequately supervised at all times in accordance with any Guidelines. The Provider must also ensure that relevant checks are conducted on all relevant personnel and supervisors where required in accordance with the Deed and any Guidelines.

3.30. When a Work for the Dole Coordinator is sourcing hosts for group projects are they able to discuss the funding that is available to support internal supervision, cost of material, work, health and safety training of Job Seeker and vulnerable persons checks. My understanding is that when it comes down to actually setting up the project the Employment Provider will take more of the lead.

Group Based Activities can be initiated by Employment Providers or by the Work for the Dole Coordinator. If the Work for the Dole Coordinator sources and secures a Group Based Activity, they will


be required to negotiate and agree the cost of the Activity with the Host Organisation. Unless otherwise agreed with the Host Organisation, the Employment Provider cannot renegotiate the cost of each Work for the Dole Place.

3.31. Also, if the host doesn’t want to supervise a group project, how can the Work for the Dole coordinator speak on behalf of the Employment Provider in regard to setting up the supervision?

The organisation responsible for establishing the Group Based Activity must ensure that appropriate supervision is provided, either by themselves or through another party. Reasonable costs of supervision, where required, can be included in the costs paid using the Work for the Dole fee available to the Employment Provider. (See Section 2.11.7 of the Request for Tender.)

3.32. Some hosts don’t want to be responsible for supervision; can Employment Providers use the $3500 to pay their own qualified employee to supervise group activity?

Work for the Dole fees ($1,000 per individual hosted place and up to $3,500 per place for group based activities) can only be used to cover the costs of Work for the Dole Places. Where appropriate, the Work for the Dole Coordinator will include reasonable costs of supervision in the cost of the Work for the Dole Place secured with the Host Organisation. Unless otherwise agreed with the Host Organisation, the Employment Provider cannot renegotiate the cost of the Work for the Dole Place. Please refer to Sections 2.11.5 and Section 2.11.7 of the Request for Tender.

3.33. Section 2.11.7 WfD Groups, is there a maximum Group Size?

There is no maximum group size for Group Based Activities. However the Employment Provider must ensure that any activities are adequately and appropriately supervised at all times in accordance with any Guidelines. The Employment Provider should also give careful consideration to the appropriate ratio of Supervisors to Job Seekers depending on the number of Job Seekers participating in the activity, the nature of the tasks involved and any Guidelines.

3.34. Do regional loadings apply to Work for the Dole components of the above RFT?

As stated in Section 3.5 - Payment Model of the Request for Tender (RFT), the Regional Loading applies to Work for the Dole Place Fees for Places in eligible regional locations. Locations which attract the Regional Loading are listed at Appendix F to the RFT.

3.35. Can multiple Work for the Dole activities equal the required 6 month duration e.g. can a Job Seeker undertake multiple Work for the Dole short programs (if they have been approved) and have it deemed as equivalent to placement in a 6 month program?

Job Seekers can participate in one or a combination of activities which equate to 650 or 390 hours (as applicable) over 26 weeks to meet their Annual Activity Requirement. Work for the Dole Places are funded on the basis that they are of six months duration and there will be an emphasis on continuous six month placements for Job Seekers.

3.36. Is the Compliance Indictor applicable to Work for the Dole Coordinators?

There is no Compliance Indicator for Work for the Dole Coordinator Services. The Compliance Indicator will be introduced as part of the Performance Framework for Employment Providers (see section 2.18 of the RFT). The Performance Framework for Work for the Dole Coordinator Services is described at section 3.8 of the RFT.


3.37. For both questions below, I am referring to the $220 Place Fee for the Work for the Dole Coordinator, as opposed to the Work for the Dole fee.

Original Questions: Where multiple places are sourced in a Group Based Activity, is a Place Fee payable for each place, ie per Job Seeker who takes up a place, or per the Group Activity?

If a place is used more than once by a different Job Seeker over time, is a Place Fee payable for each occasion or only when the first Job Seeker commences?

Original Responses: A Work for the Dole fee of up to $3,500 is available for each six month Work for the Dole Place in a Group Based Activity, not per placement. For example, a Group Based Activity may consist of 10 Places and up to $3500 will be available for each of these places. Therefore, a total of up to $35,000 will be available for that Group Based Activity.

If a Job Seeker leaves a Place early, the Place will need to be filled for the remaining period of time by another Job Seeker/s, however, no further payment for that Place will be available. An emphasis will be placed on continuous participation for six months. Further information will be provided through guidelines.

The Place Fee paid to the Work for the Dole Coordinator is for each Work for the Dole Place (including for each place in a group based activity) and is due when the first eligible Job Seeker commences in the relevant place. If the initial Job Seeker leaves the Place early and is replaced by another Job Seeker, no further Place Fee will be payable.

As indicated at section 3.5 of the Request for Tender, Places will be funded on the basis that they are of six months duration. There will be some flexibility for shorter or longer Places in circumstances where a six month Place is not suited to the project or the Host Organisation. Where that is the case, pro-rata payments will be made accordingly.

3.38. In the RFT, it states that the Employer Provider can access $3500 for a WfD Place. Does the term “Work for the Dole Place” refer to per person in a group activity or is it for all persons in that group activity?

A Work for the Dole fee of up to $3,500 is available for each six month Place in a Group Based Activity, not per placement or Job Seeker (see Section 2.11.7 of the Request for Tender). For example, a Group Based Activity may consist of 10 Places and up to $3500 will be available for each of these places. Therefore, a total of up to $35,000 will be available for that Group Based Activity.

If a Job Seeker leaves a place early, the Place will need to be filled for the remaining period of time by another Job Seeker/s, however, no further payment for that Place will be available. An emphasis will be placed on continuous participation for six months. Further information will be provided through guidelines.

3.39. NES Tender - Work for Dole Coordinators

I have a question in relation to Criterion 2 (section 7.10.5 page 142). It states –

**For existing Department Providers, the Department will use current performance and other quantitative data held by the Department. Existing Providers should focus their response on qualitative information to support their case.

## Tenderers that have not delivered Employment Services on behalf of the Department should supply evidence and the details of referees that may verify their claims (see Part F(ii) of the tender


submission forms). They should also ensure that they describe the services they have provided and how they are related to the Services being tendered. In answering the following questions you should use quantitative data as well as qualitative information to support your claims.

Where the Tenderer has previously delivered Services on behalf of the Department, the Department may use its performance and other quantitative data in the assessment of this criterion.

a) ** Does existing providers include DES providers?b) ## Does “Employment Services” include DES?c) In the context of tendering for “Work for Dole Coordinator” and not as an “Employment Provider”

would we be required to submit criterion 2 in its entirety or just in terms of our qualitative information?

a) No - Disability Employment Services are administered by the Department of Social Services, so Disability Employment Services providers are not existing Department of Employment providers.

b) As clarified in Addendum Number 7 to the Request for Tender, Tenderers with the exception of Job Services Australia providers holding a 2012-2015 Deed with the Department of Employment, are expected to submit details of Referees with their Tender.

c) Disability Employment Services are administered by the Department of Social Services rather than the Department of Employment. Where a Tenderer wishes to have performance in delivering Disability Employment Services considered, they should include that as part of their response

3.40. Can an extension be made to the six month period of the Work for the Dole rules depending on circumstances, for example absences with supporting medical certificates? NES Tender - Work for Dole Coordinators

The six month Work for the Dole Phase cannot be extended. If a Job Seeker has a reasonable excuse, such as in the case of illness, they will not be required to make up any missed hours of Work for the Dole as long as they have appropriate supporting documentation. For Job Seekers not subject to the Stronger Participation Incentive measure (which is subject to legislation), where an Employment Provider determines that a job seeker does not have a reasonable excuse for non-attendance at a Work for the Dole activity, compliance action may be taken. Please refer to Section 2.15 of the Request for tender for more information on the Job Seeker Compliance Framework.

3.41. In relation to Work for the Dole, can you please provide more information regarding performance targets? There is some information on page 80, for instance referrals and placements, but can you provide more detail around these targets?

Key Performance Indicators (KPIs) and performance management arrangements for Work for the Dole Coordinators are included in the Request for Tender at section 3.8 and in the draft Work for the Dole Coordinator Services 2015-2020 Deed at Schedule 3 – Performance Management.

As indicated for KPI1, the Efficiency of delivery of services will be measured against:

a) the number of Work for the Dole Places secured as assessed against any Targets; and

b) the extent to which the number of Work for the Dole Places secured meets the demand for Work for the Dole Places from Employment Providers across the relevant Employment Region(s).

Any Targets will be determined by the Department and may differ based on a number of factors in the relevant Employment Region(s), including the number of Job Seekers expected to commence in Work for the Dole.


3.42. I note that only one Work for the Dole Coordinator will be contracted per Employment Region. Is that one organisation only or could it be a group?As detailed in section 6.4 of the Request for Tender, Tenderers may tender as sole traders provided all of the requirements to submit a tender and to contract with the Department are met, or a group of legal entities (Tendering Group) can tender as a Consortium, joint venture, partnership of some other form of alliance.

3.43. How is workers compensation covered for WfD? For example, if one of our clients takes on a WfD person whilst participating in NEIS, how is Workers Comp covered. Does the employer fund this?Work for the Dole places can only be hosted by not-for-profit organisations/charities, or local, state, territory or Commonwealth Government organisations or agencies. A NEIS business may not be a not-for-profit business (unless otherwise agreed by the Department– refer Section 4.7 of the Request for Tender). Therefore, a NEIS business, which is to set up as a private business, would not be eligible to host a Work for the Dole Place or activity.

The Department of Employment purchases Personal Accident Insurance to cover all Job Seekers who participate in Work for the Dole. The policy provides protection for Job Seekers while participating in and travelling to and from such activities.

3.44. The Draft Deed and the RFT seem to contradict each another. Addendum Number 5, which relates to individual Work for the Dole Fees, indicates that the sentence, “If any amount of the fee has not been expended after the preceding costs have been met, the Employment Provider must use the balance solely for services undertaken by the Employment Provider that are directly related to that Individual Hosted Activity, ” has been removed from section 2.11.7.However, in section 124.6 of the Draft Deed this line is still quoted. Has the Deed not yet been modified or is this statement still correct?The final Deed, issued in 2015, will reflect that Work for the Dole funds may only be expended on Work for the Dole-related expenses. Further advice will be provided in guidelines.

3.45. The highlighted paragraph below appears to contain typos- could you please advise the correct wording?Management of Work for the Dole Places • monitor the geographic distribution of Work for the Dole Places in each Employment Region contracted• in the Department’s IT system, advertise places across the Employment Region they are contracted to service • work with Employment Providers to achieve programme objectives• help to build the capacity and quality of delivery of the Work for the Dole programme by Employment Providers monitor the number, nature and delivery of Work for the Dole Places to ensure that Work for the Dole Programme objectives are met• ensure that any targets are achieved• identification identify and disseminate to Employment Provides and Host Organisations of best practice in the management and delivery of the Work for the Dole Programme, including in relation to identifying programme• identify opportunities for minimising red tape and ensuring that Work for the Dole Places are suitable and consistent with work health and safety best practice


• ensure, in consultation with the Host Organisation and Employment Providers, that places are suitable and consistent with work health and safety best practice and take any other action as may be specified in any Guidelines• identification identify and disseminate to Employment Provides and Host Organisations of best practice in the management and delivery of the Work for the Dole Programme, including in relation to identifying programme

should read:

• identify and disseminate, to Employment Providers and Host Organisations, best practice models in the management and delivery of the Work for the Dole Programme.

3.46. 1. As outlined in 3.12 The Work for the Dole fee of up to $3500 is for each six month Work for the Dole Place in a Group Based Activity not per placement of an individual Job Seeker. And…..The available Work for the Dole fee of up to $3500 for each Place in a Group Based Activity is to be used for items such as supervision and overhead costs of the Group Based activity which could include equipment or transport costs. Lets say in a hospitality based WFD activity that has 10 places , all places are allocated to Job Seekers at commencement and items such as an apron and a chef hat in a hospitality based work for the dole activity is allocated to each Job Seeker and becomes their property. What happens when a Job Seeker leaves part way into the activity creating a vacancy in the program with respect to the allocation of an apron and hat to the new replacement Job Seeker. Who pays for this additional equipment? The host, that is, do they need to budget for these type of items in excess of the 10 places? Or the Employment Services Provider out of EPF? The same question can be asked for pre requisite accredited training. If the host has already paid for the training of 10 Job Seekers out of the Work for the Dole fee and 5 leave and another 5 come in to the program requiring training, who pays for the additional training required? 2. There is a $1000 payment to the Employment service provider for an individual placement with a host and a fee is determined out of this amount that is paid to the host for the 6 month placement. What if the Job Seeker leaves 2 months into the individual Work for the Dole placement - Will the Employment services provider need to pay the host an additional payment if referring a new Job Seeker to the placement as training or equipment may be required again?1. A Work for the Dole fee of up to $3,500 is available for each six month Place in a Group Based Activity, not per placement/person (see Section 2.11.7 of the Request for Tender). For example, a Group Based Activity may consist of 10 Places and up to $3500 will be available for each of these places. Therefore, a total of up to $35,000 will be available for that Group Based Activity.

2. An emphasis will be placed on continuous participation for six months, but for both individual and group based activities, if a Job Seeker leaves a place early, the place will need to be filled for the remaining period of time by another Job Seeker/s. No further payment for that place will be available.

3.47. 2.11.7 page 55 of the RFT , Payments for Work for the Dole, Group Based ActivitiesThe Employment Provider must complete and submit their acquittal Report within 40 business days of the completion or cessation of the relevant Group Based Activity.For activities organised by the Work for the Dole Coordinator there could potentially be multiple Employment Service Providers referring Job Seekers to the one activity and one place could be accessed by more than one Job Seeker if a Job Seeker leaves.


1. Who pays the host? If it’s the employment service provider – do they pay for the one place and then continue to access this place if the original Job Seeker leaves?2. What happens with the acquittal from the hosts perspective with potentially multiple employment service providers? For Group Based Activities sourced by a Work for the Dole Coordinator it will be the responsibility of the Coordinator to liaise with Employment Providers in their Employment Region, to determine a lead provider so that there is a single point of contact with the Host Organisation. This model is already applied under existing Work for the Dole arrangements. Where these activities are sourced by an Employment Provider, that provider will be the lead provider. The lead provider will be responsible for the activity, including completing the Host Agreement, payment acquittal responsibilities. Payment arrangements can be negotiated between the lead provider and other referring providers with the assistance of the Work for the Dole Coordinator.

3.48. Can you advise whether Work for the Dole Coordinators are able to negotiate agreements with Host Organisations outside of the Employment Region in which they are submitting to provide Work for the Dole Coordinator Services.Work for the Dole Coordinators will be funded to deliver Services in their contracted Employment Region/s, including identifying potential Host Organisations and sourcing sufficient, suitable Work for the Dole Places for the placement of Job Seekers who are attached to an Employment Provider in that Employment Region/s (refer Item B3 in the draft Work for the Dole Coordinator Services 2015-2020 Deed). As a general rule, Work for the Dole Coordinators are not expected to operate outside their contracted Employment Region/s. It should be noted that that if a Work for the Dole Coordinator has, or creates, a relationship that covers multiple/adjacent areas, that they will collaborate with the other Work for the Dole Coordinator(s) and Employment Providers across Employment Regions to ensure that Host Organisation’s needs are met (for example, a single point of contact), and that appropriate sharing arrangements are in place to ensure Job Seekers from each contracted area are serviced appropriately. Any travel arrangements will need to be reasonable for the Job Seeker to attend the activity.

3.49. With the Work for the Dole requirements of 650 hours (25 hours/week) and 390 hours (15 hours/week), are these minimum weekly requirements? Or can Job Seekers undertake more hours some weeks and fewer in others as long as they meet the total requirements over the 6 month period?Information on Job Seeker requirements is provided at Section 2.10 and Table 2.4 of the Request for tender. The Annual Activity Requirement:• for Job Seekers up to 30 years will be 25 hours a week over six months (totalling 650 hours over 26 weeks)• for Job Seekers 30 and up to 59 years will be 15 hours a week over six months (totalling 390 hours over 26 weeks)• for Principal Carer Parents with part time requirements and Partial Capacity to Work Job Seekers with work capacity of 15 hours or more per week, will be 390 hours over 26 weeks (15 hours a week for six months) for those aged up to 30 years and for other age groups is 200 hours over 26 weeks (7-8 hours a week for six months).3.50. Is it correct that the new Work for the Dole arrangements do not require legislative change?Correct. None of the Work for the Dole arrangements in the Request for Tender for Employment Services 2015-2020 requires legislative changes.


3.51. Can you advise whether Work for the Dole Coordinators are able to negotiate agreements with Host Organisations outside of the Employment Region in which they are submitting to provide Work for the Dole Coordinator Services.Work for the Dole Coordinators will be funded to deliver Services in their contracted Employment Region/s, including identifying potential Host Organisations and sourcing sufficient, suitable Work for the Dole Places for the placement of Job Seekers who are attached to an Employment Provider in that Employment Region/s (refer Item B3 in the draft Work for the Dole Coordinator Services 2015-2020 Deed). As a general rule, Work for the Dole Coordinators are not expected to operate outside their contracted Employment Region/s. It should be noted that that if a Work for the Dole Coordinator has, or creates, a relationship that covers multiple/adjacent areas, that they will collaborate with the other Work for the Dole Coordinator(s) and Employment Providers across Employment Regions to ensure that Host Organisation’s needs are met (for example, a single point of contact), and that appropriate sharing arrangements are in place to ensure Job Seekers from each contracted area are serviced appropriately. Any travel arrangements will need to be reasonable for the Job Seeker to attend the activity.

3.52. Question Regarding Work for the Dole AcronymIn correspondence from ES providers and Department contract managers, there are variations of the acronym used for the Work for the Dole Coordinator program, including WfTD, WfD, WFTD and WFDC.In completing the tender response for Work for the Dole Coordinator Services, what is the permissible acronym for this program.The Department does not currently have a prescribed acronym for the Work for the Dole programme, or associated coordinators.

In reference to your tender response, it is suggested that you utilise the standard method of determining an acronym, which is to spell out the phrase which you intend to shorten throughout your document at the first instance, followed by the acronym representation immediately in parenthesis, i.e. Work for the Dole Coordinator (WfDC) or Work for the Dole (WfD).

3.53. Can you please clarify the following issues arising from the Draft Employment Services DEED.1. Re Clause 107.4 ‘Where the provider (b) purchases activities it does so under a Subcontract

and must comply with clause 48.1 (a)’. Does this apply when Employment Providers in a local region collaborate to fund a Community based Host Agency to deliver a range of Work for the Dole activities, and then purchase WfD places in that program. Such purchasing of activities will depend on the suitability of the activities for the active caseload at that time, the availability of funds, and as such will be a fluid arrangement over the period of the contract. If the subcontracting arrangement applies in that case, does the Subcontractor have to be named as such in the tender application documents?

2. In relation to clause 107.10 – are providers able to place appropriately screened WfD and Work Experience candidates in schools and aged care facilities where they play support roles in class rooms, aged care facilities, buildings etc, but where they do not have direct responsibility for the care of young people, vulnerable or the elderly, and work under the supervision of another worker?


1. a) Yes. As detailed in clause 108.6 of the draft Employment Services 2015-2020 Deed, if activities in a Work for the Dole Place are Purchased by a Provider, then the Provider does so with a Subcontract and must comply with clause 48.1. The scenario described involves activities in a Work for the Dole Place being Purchased.

b) Section 6.4.4 of the RFT provides that if a Tenderer wishes to engage a Subcontractor to perform part of the Services, details of the proposed Subcontracting arrangements must be provided in the tender. Accordingly, if the details of a proposed Subcontractor are known to the tenderer at the time of tendering, it must provide details of that Subcontractor in the tender. If those details are not known at this time, the Subcontractor does not need to be named in the tender. Once the details are known, the tenderer, if successful in its tender, can seek the Department’s approval to engage the Subcontractor.

2. As stated in clause 107.10 of the draft Employment Services 2015-2020 Deed and Section 2.11.6 of the Request for Tender, activities involving physical or hands-on personal care of people, caring, teaching or supervision roles for children, the elderly or other classes of vulnerable people are not permitted as activities in Work for the Dole Places. This includes to the extent that “support roles in class rooms” involve such activities. However, activities that do not involve such work may be permitted in schools and aged care facilities (e.g. gardening, clerical or maintenance), provided there is appropriate and adequate supervision and all appropriate checks are undertaken. There must be no activities in child care, including after-school care activities.

3.54. Please can you direct me to where I may find more info on what this means?Section 3.3.1 agree the cost of WfD place with Host Organisation (p. 78 last dot point).As per section 2.11.5 of the Request for Tender, it is intended that Work for the Dole Coordinators will be the first point of contact for potential Host Organisations wishing to offer Work for the Dole Places. This includes negotiating and agreeing the costs required to cover each Place in an Activity with the Host Organisation. Section 2.11.7 of the Request for Tender contains further information and this will be covered more fully in any guidelines being developed. The guidelines will be made available to all concerned prior to the start of Deeds – ie prior to 1 May for Work for the Dole Coordinators and prior to 1 July for all other Services.

4. Statement of Requirements – NEIS4.1. Criterion 1 - Governance. We are a NEIS panel member only. Does Condition 1 or 2 apply to us?

In accordance with Table 7.2, All Tenderers must answer Criterion 1 once at the Organisational level.

Condition 1 is only applicable to Tenderers which are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the RFT).

If you are a NEIS panel member only, and therefore would not have participated in the 2013 Job Services Australia Quality Standards Pilot, you must respond to Condition 2.

4.2. With regards to Criterion 1, Quality Assurance Framework, does this apply to NEIS applicants as well or only Employment Services applicants?



Condition 1 is only applicable to Tenderers that are currently certified against the Department’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the RFT).

Organisations who did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot), or did not maintain their certification from the Pilot, must respond to Condition 2.


4.3. For NEIS, can I clarify about the criterion and that it is different to the draft? Can I clarify that the weightings in the selection criteria.

Criterion weightings for NEIS in the RFT are the same as were include in the Exposure Draft, although they were renumbered. The criteria and their weightings shown at sections 7.10.3 and 7.10.6 are:

Criterion 1. Governance (10 percent)

Criterion 2. Demonstrated Performance (30 percent)

Criterion 3. Achieving small business outcomes for Job Seekers (30 percent)

Criterion 4. Local NEIS Strategies (30 percent).

4.4. When using performance data for existing NEIS Providers what will be the cut-off date for that data? e.g. will it be the for the Milestone period ending 30 June 2014?

The data that will be used for existing NEIS Providers will include data up to 30 June 2014.

Do participants falling out of work after the 6 month payment point is reached come back to the provider if within the programme duration?

Where a Job Seeker has been exited due to employment and returns after six months the Job Seeker may not be referred to the same Employment Provider. If the Job Seeker is referred to Employment Provider services via the Department of Human Services they will have a choice of available Employment Provider. Where a Job Seeker selects an available Employment Provider they will be referred to that provider; if they do not select an Employment Provider, they will be allocated to one by the Department of Human Services. RFT reference: Section 2.7.

4.5. In the case of a NEIS consortium tender where one partner is accredited to deliver the certificate IV in Small business management and the other partner is not, can the non-accredited partner deliver the training and assessment?

The certificate will be issued by the accredited partner. The trainers, assessors and mentors would be hired, supervised and paid for by the non-accredited training partner.

The 2015 Employment Services Request for Tender (RFT) states that NEIS Providers will arrange NEIS Training and that NEIS Training will be either the Certificate IV in Small Business Management or the Certificate III in Micro Business Operation (Chapter 4, RFT). While both the RFT and the Draft Employment Services Deed do not specifically state it, both qualifications are nationally accredited qualifications and as such must be delivered by Registered Training Organisations (RTO) with both NEIS qualifications ‘in scope’. This requirement will address in Departmental Guidelines, when released.


The Department would be concerned if NEIS Training was to be delivered by a consortium partner that is not an accredited RTO with the Australian Skills Quality Authority (ASQA) or if the consortium partner was an accredited ASQA RTO for other qualifications but did not have the NEIS qualifications in scope in the relevant States and Territories. The delivery of quality NEIS Training by qualified and industry experienced personnel in ASQA accredited RTOs is important in assisting eligible Job Seekers to establish their new small businesses.

It is also unclear from your question whether your proposed consortium and training model meets the new standards for RTOs. You may want to consider asking ASQA whether your proposed consortium and training model meets the new standards.

For more information please refer to:

http://www.vetreform.industry.gov.au/publication/new-standards-registered-training-providers-and-regulators and http://www.comlaw.gov.au/Details/F2014L01377

4.6. Regarding NEIS - in Employment Regions with small allocated numbers, will there be changes to allocated places eg if there are only 9 places will the three providers get 3 places each?

The Department expects that there will be a maximum of three NEIS Providers in each Employment Region as indicated at section 7.4.3 of the RFT. The number of providers and the number of places awarded to a single provider will depend on the total number of Tenderers bidding for places in a particular Employment Region, the assessment of each Tenderer's bid having regard to the Tender Evaluation process and, if there is more than one suitable tender submitted, the relative merits of each tender as assessed by the Department. Further information for NEIS requirements can be found at Section 7 of the RFT.

4.7. NEIS payment –Can you clarify when the 20 per cent payment of NEIS payment is? Was it 3 months after NEIS payments ceased or 3 months after the mentoring and support ceased?

The 20 per cent NEIS Post-Programme Payment becomes available three months after the Job Seeker exits NEIS Assistance (that is, mentoring and support has ceased) if they remain off income support, unless other exceptions apply. See Section 4.8 Payment Model.

In relation to Criterion 2 on Demonstrated Performance, can the Department provide an indication of the types of data that will be used during the tender assessment? The assessors will obviously be looking at the star ratings, but will they draw down to certain area levels?

In relation to the Employment Provider selection criteria, the assessment of Demonstrated Performance will use performance and quantitative data held by the Department, such as Job Services Australia and Disability Employment Service Star Ratings, employment outcomes, delivery of work experience activities (e.g. Work for the Dole), etc.

The Department of Employment will generally aggregate the performance and quantitative data to align with the 51 Employment Regions outlined in the Request for Tender. However, where necessary the Department will derive performance data, at other levels.

4.8. Would the Department please confirm that NEIS Provider Services bids may also be conditional being awarded an Employment Services Provider contract in the same region.

As stated in Section 7.7 of the Request for Tender, ‘A Tenderer may specify that its provision of NEIS services in one Employment Region is conditional on it winning NEIS business in another Employment Region (‘the Essential Employment Region’).’ There is no provision for NEIS provider Services being conditional on Employment Provider Services.

4.9. Can you please clarify ‘NEIS Assistance’ in relation to the statement below? Is this when the client starts receiving a NEIS Allowance for commencing their NEIS business?


Initial question: When NEIS places are allocated can NEIS providers utilise those places when the business commences rather than when the participant commences training as training will no longer be paid as a separate item.

The situation clearly varies from the old contract where training was commenced and first payment claimed by the NEIS provider as soon as clients attended the first training session.

As that is no longer the case it would seem to be logical that places should only be allocated to participants when they start their business thus maximising allocation of places.

Answer provided: NEIS Places are only utilised when a NEIS Participant is commenced in NEIS Assistance. There is no effect on the places allocated to a NEIS Provider when a NEIS Prospective Participant is commenced into NEIS Training.

Currently a place is allocated once they commence training!

You are correct when you state that NEIS Assistance applies when “the client starts receiving a NEIS Allowance for commencing their NEIS business”. NEIS Assistance means the provision of mentoring and other support by the NEIS provider to the NEIS participant for up to 52 weeks, and the payment of NEIS Allowance for up to 39 weeks (and Rental Assistance for 26 weeks if the Job Seeker is eligible). It does not include provision of NEIS Training. The date of effect for the provision of NEIS Assistance will be in accordance with the NEIS participant’s approved NEIS Participant Agreement.

NEIS Places will not be used when NEIS Prospective Participants are commenced into NEIS Training. A NEIS Place will only be used when a NEIS Participant commences NEIS Assistance.

4.10. Can NEIS participants insurance still be paid for by the JSA provider under the new tender and if so what area does this come from?

This was traditional done from the Employment Pathway Fund which is not part of new tender.

Employment Providers will have discretion to use the Employment Fund to provide insurance for NEIS Participants, as long as the Employment Provider can demonstrate that the insurance meets the Employment Fund principles, and is in accordance with any Guidelines.

4.11. In terms of New Enterprise Incentive Scheme (NEIS) providers, will places be allocated per financial year or total placement period?

The Employment Services 2015-2020 Deed will specify the Places for each six months for the whole of the Deed period.

4.12. NEIS Training – does the cost of training come out of $5580?

Yes, the upfront cost of NEIS Training, for those Job Seekers requiring NEIS Training will be met by the NEIS provider. NEIS providers receive 80 per cent of the NEIS fee ($4,464) as reimbursement for the costs involved with arranging the NEIS Training only if the Job Seeker successfully commences in NEIS Assistance.

4.13. With reference to current NEIS providers, what constitutes a compliance action?

It is action taken by the Department when a Provider or group of Providers (including NEIS Providers), appear to have been in breach of their contractual obligations under the current Employment Services Deed. The compliance action taken by the Department will depend on the nature of the apparent breach by Providers.

As part of the Employment Services 2015-2020 Request for Tender (RFT), the Department has asked all Tenderers to supply details of their Audit History for audits undertaken by any


local/state/federal/overseas government in connection with correctness of claims or adherence to payment related contractual requirements made since January 2012 (see RFT Section 6.8.2).

For Tenderers which are current NEIS Providers, as with all Tenderers, these details should be supplied in respect of all relevant services, programmes or initiatives that they deliver.

4.14. Do NEIS participants have to be formally enrolled and successfully achieve the Certificate IV in Small Business Management or the Certificate III in Micro Business Operations qualification at the end of NEIS Training? Or do we just customise their NEIS Training based on the two qualifications (i.e. how to develop a Business Plan)?

NEIS Providers must arrange for each NEIS Prospective Participant to undertake NEIS Training and do so in accordance with any Guidelines (Employment Services 2015–2020 Deed, Part C – Clause 128).

NEIS Training is either the Certificate IV in Small Business Management or the Certificate III in Micro Business Operations. As NEIS Training is an accredited course, it must be delivered by an accredited Registered Training Organisation (RTO) that has one or both qualifications in scope. Therefore, ‘formal enrolment’ is required.

Job Seekers do not have to complete NEIS Training before commencing NEIS Assistance (Request for Tender, Section 4.4). However, they should be encouraged to complete their NEIS Training so they can receive a nationally accredited qualification.

4.15. Is there a specified time period for NEIS Training, e.g. completed within a period of 12 weeks as per the current Deed?

The Request for Tender is not prescriptive as to how long a Job Seeker should take to complete NEIS Training. NEIS Training will continue to be an Approved Activity for 13 weeks, which means the Job Seeker does not have to undertake any additional participation requirements for this period. This allows for the completion of NEIS Training, the assessment of the NEIS Business Plan and any business preparation required prior to the Job Seeker being commenced into NEIS Assistance, assuming all NEIS eligibility is met.

4.16. If participants drop out during NEIS Training, are we able to ‘top-up’ a cohort? Or can we increase the group size based on our allocated NEIS places?

It is up to each NEIS Providers to determine how many Job Seekers need to undertake NEIS Training so that the NEIS Provider is then able to identify eligible NEIS Participants with approved business plans to commence in NEIS Assistance and fill their available NEIS Places in each Employment Region (Employment Services Deed 2015–2020, definitions).

4.17. In accordance with clause 7.7 of the RFT and question 2.3 of the Part C (iii) proforma, A Tenderer may specify that its provision of NEIS services in one Employment Region is conditional on it winning NEIS business in another Employment Region (‘the Essential Employment Region’).

Is it possible to make a NEIS bid in an Employment Region conditional on winning business for Employment Provider Services in the same, or another Employment Region?

As stated in Section 7.7 of the Request for Tender, ‘A Tenderer may specify that its provision of NEIS services in one Employment Region is conditional on it winning NEIS business in another Employment Region (‘the Essential Employment Region’).’ There is no provision for a Tender for NEIS provider Services being conditional on Employment Provider Services.


4.18. There have been lots of questions asked about Criterion 1 - governance. Our tender is for NEIS only. Am I correct in saying NEIS providers, similarly to WfD providers, will not be required to achieve certification by July 2016 against the Employment Services Quality Assurance Framework, and that our response in Condition 2 of Criterion 1 as a currently uncertified provider should be against the 3 KPIs outlined in 4.11 of the RFT?

Organisations which become NEIS providers only are not required to be certified against the Department of Employment’s Quality Assurance Framework. The Quality Assurance Framework will apply to Employment Providers and Work for the Dole Coordinators as described Sections 2.18.4 and 3.8 of the Request for Tender (RFT) respectively.

In relation to responding to the selection criteria, in accordance with Table 7.2 of the RFT, all Tenderers must answer Criterion 1 (see Section 7.10.3 of the RFT) once at the organisational level.

Tenderers that do not meet Condition 1 must respond to Condition 2.


4.19. I seek clarification after reading Q & A 4.5 on page 21 of 47, if under the Criterion 2 and 3 whether it is a requirement that the entity (who is an RTO currently) already has either of the necessary NEIS qualifications on scope i.e. Cert IV Small Business Management, or is it sufficient to advise that if successful in the tender a Scope Upgrade would be sought from ASQA? If not already on scope would this then render the Tenderer ineligible?

No. It is not a requirement for the Tenderer to have the NEIS qualifications in scope.

The Employment Services 2015–2020 Deed, Part C – Clause 128 states, ‘the NEIS Provider must arrange for each NEIS Prospective Participant to undertake NEIS Training and do so in accordance with any Guidelines’. If the NEIS Provider does not have the NEIS qualifications in scope, they may purchase training from a Registered Training Organisation which does.

4.20. RFT 4.8. Would the Department please confirm that the NEIS Fees are intended to cover costs associated with "arranging for the Job Seeker to receive NEIS Training", but are not intended to cover the cost of course fees.

The NEIS Fee of $5,580 covers, amongst other things, the cost of training for the NEIS Prospective Participant. For the avoidance of doubt, this includes any course fees.

4.21. In the document, the NEIS provider is identified as ‘arranging’ for NEIS training. This ‘arranging’ cost is covered by the NEIS fee of $5,580. In relation to this:Who is required to pay for the actual training?With regard to the RTO that is providing the training, can participants access other funding (such as Queensland’s Certificate 3 Guarantee) to pay for the training if they are eligible?If they are not eligible, are they required to pay the fee for service cost of training, or is the NEIS provider expected to pay for the training out of the $5,580?If they can access other funding, to receive funding for the Certificate IV in Small Business Management the eligibility criteria in Queensland includes owning a business. Does commencing the NEIS program qualify as being a business owner, thereby qualifying the participant for funding?


NEIS Providers will arrange and pay for the delivery of nationally accredited NEIS small business training for all prospective NEIS participants. The NEIS fee of $5,580 covers, among other things, the cost of training for prospective NEIS Participants.

In addition, as the NEIS qualifications are nationally accredited, they must be delivered by a Registered Training Organisation (accredited with the Australian Skills Quality Authority – ASQA or the relevant State Training Authority which has the NEIS qualifications ‘in scope’ in the particular States/Territories where they are delivering the NEIS Training.

A proposed NEIS business can’t be already operating on a commercial basis (refer Section 4.7 of the Request for Tender); and NEIS training starts before the business is approved.

4.22. Given that accredited training is GST free and this is a requirement of the program, how does the statement “all payment amounts are GST inclusive” in the request for tender document apply to NEIS payments? Is the total fee paid to providers GST exempt? I know there has been some confusion in the past on this issue.I would like some clarification on - Part C (iii) BIDDING FOR BUSINESS - NEW ENTERPRISE INCENTIVE SCHEME.This seeks information on the location from which the NEIS program will be delivered. Should we be successful we would relocate to a more suitable location within a district. Is there provision for this to be represented in the tender?

Section 4.4 of the Request To Tender (RFT) details the role of NEIS Providers, which among other things, includes the requirement to “arrange NEIS Training for eligible Job Seekers who they select to participate in NEIS, as a prospective NEIS Participant” (RFT, page 89). The NEIS Fee amount of $5580 in relation to each NEIS Participant, set out in Section 4.8, is Goods and Services Tax (GST) inclusive.

The range of services that NEIS Providers are expected to provide to the Department are deemed to be “taxable supply” and, therefore, subject to Goods and Services Tax (GST) - refer Section 6.9.4 of the RFT.

Please keep in mind that the Department is not contracting Registered Training Organisations (RTOs) to deliver NEIS Training, but a network of NEIS Providers to arrange for the accredited NEIS Training to be delivered to eligible Job Seekers. NEIS Training could be delivered by the NEIS Provider if they are an RTO and qualified to do so, or purchased from an RTO. How this is managed does not affect the inclusion of GST in the NEIS Fee.

In relation to your question about site location should your Tender be successful, Tender Application Form Part C(iii) Bidding for Business – New Enterprise Incentive Scheme says at Question 3.1 (in part) “Tenderers must nominate sites from which they propose to deliver services in an Employment Region”. Where a Tenderer does not have a current site from which it intends to provide services, they must enter the ‘suburb’, ‘state’ and ‘postcode’ of the proposed site and enter ‘TBA’ in the ‘address line’.

It is up to Tenderers to decide whether and where any other information on sites is included in their responses to the NEIS selection criteria.

4.23. Could you clarify – the requirements for Certificate IV in Small Business Management or the Certificate III in Micro Business Operations as part of the NEIS Tender.Do I need to have already on my scope both qualifications or can Certificate III in Micro Business Operations be added if successful and be stipulated in the tender submission?The indications from ASQA are that the process should not take long. NEIS Providers must arrange for each NEIS Prospective Participant to undertake NEIS Training and do so in accordance with any Guidelines (Employment Services 2015–2020 Deed, Part C – Clause 128).


NEIS Training is either the Certificate IV in Small Business Management or the Certificate III in Micro Business Operations. The Department is not contracting Registered Training Organisations (RTOs) to deliver NEIS Training, but a network of NEIS Providers to arrange for the accredited NEIS Training to be delivered to eligible Job Seekers. NEIS Training could be delivered by the NEIS Provider if they are an RTO and qualified to do so, or purchased from an RTO.

Tenderers can choose whether to include Certificate IV in Small Business Management or the Certificate III in Micro Business Operations in their scope or purchase the training from an RTO that has the qualifications.

A combination of jobs can be used to satisfy an outcome provided that the conditions for the income and hours requirements are met from the Outcome Start Date.

4.24. Will Employment Providers be required to refer Job Seekers to NEIS?Where a Job Seeker shows interest in self-employment and appears to have a viable business idea, the Employment Provider should discuss the option of participating in NEIS with the Job Seeker and make the referral to the relevant NEIS Provider. Refer to Section B9, clause 97 of the draft Employment Services 2015 – 2020 Deed.

4.25. Can a provider refuse to give information on NEIS to a Job Seeker?The Employment Provider needs to use judgement about whether NEIS would be an appropriate activity for the Job Seeker. Where a Job Seeker shows interest in self-employment and appears to have a viable business idea, the Employment Provider should discuss the option of participating in NEIS with the Job Seeker. Refer to Section B9, clause 97 of the draft Employment Services 2015 – 2020 Deed.

4.26. The NEIS provider is to receive their final 20 per cent payment 15 months after the NEIS participant commences their business and achieves a job outcome. Is self-employment considered to be an acceptable job outcome?NEIS Post-Programme Outcome occurs when the Department verifies that an ex-participant is not receiving income support from the Department of Human Services, 13 weeks after exiting NEIS at any time after commencing NEIS Assistance. If the ex-NEIS Participant is self-employed and not receiving income support then this would meet the requirements for the Post-Programme Outcome fee. Refer to the NEIS Post-Programme Outcome definition in the draft Employment Services 2015 – 2020 Deed.

4.27. Does the NEIS provider still need to report client non-attendance?While a NEIS Prospective Participant is participating in NEIS Training they remain on their Employment Service Provider’s caseload. If a NEIS Prospective Participant is not attending NEIS Training it is expected that the NEIS Provider will inform the referring Employment Service Provider to discuss the NEIS Prospective Participant’s non-attendance.

4.28. Can Job Seekers do NEIS while they are subject to the Stronger Participation Incentives for Job Seekers under 30 waiting period when they are not receiving income support?Yes, a Job Seeker subject to the Stronger Participation Incentives measure (which is subject to legislation) could be referred to NEIS in the waiting period if they meet all NEIS eligibility criteria. Refer to Chapter C1, of the draft Employment Services 2015 – 2020 Deed.

4.29. Can NEIS training be used to satisfy the Job Seeker’s annual activity requirement?


NEIS Training will continue to be an Approved Activity for 13 weeks, which means the Job Seeker does not have to undertake any additional participation requirements for this period. This allows for the completion of NEIS Training, the assessment of the NEIS Business Plan and any business preparation required prior to the Job Seeker being commenced into NEIS Assistance, assuming all NEIS eligibility is met.

4.30. Does a NEIS placement start when a Job Seeker commences their NEIS training or when they start the business?A NEIS Place is used when a NEIS Participant commences their NEIS Business.

4.31. Will a Job Seeker’s Work for the Dole participation mean that they are unable to attend a NEIS interview?There are no restrictions on an Employment Provider referring a NEIS Eligible Job Seeker to participate in NEIS where it is considered an appropriate activity. If a Work for the Dole participant is required to attend a NEIS interview to determine their suitability for the programme, the activity supervisor should be notified prior to any absence.

4.32. The tender document Part G (i) - Criteria 2 and 3 NEIS - Organisation level, has no provision for referees at Regional level as you suggested. This is only an option at Part G (ii) - Criterion 4 NEIS - Region level but again there is no selection of referees in this document.Please clarify what can be done.Tenderers that have not previously delivered Employment Services on behalf of the Department must provide details of referees who are able to verify a Tenderer’s claims.

Tenderers that have previously delivered Employment Services on behalf of the Department are encouraged to provide details of referees who can verify the Tenderer’s claims in their tender submission.

Tenderers bidding for Employment Provider, Work for the Dole Coordinator or Harvest Labour Services, should provide referee details for each Employment Region or Harvest Area for which they are bidding.

Tenderers bidding for NEIS or National Harvest Labour Information Services should provide referee details at the organisational level.

4.33. Are there any restrictions in accessing NEIS by Work for the Dole participants? Will they have to wait to undertake NEIS?A Work for the Dole participant can be referred to NEIS if they meet all NEIS eligibility requirements. There are no restrictions on an Employment Provider referring a NEIS Eligible Job Seeker to participate in NEIS as a NEIS Prospective Participant where it is considered an appropriate activity.

NEIS Training will continue to be an Approved Activity for 13 weeks, which means the Job Seeker does not have to undertake any additional participation requirements for this period. This allows for the completion of NEIS Training, the assessment of the NEIS Business Plan and any business preparation required prior to the Job Seeker being commenced into NEIS Assistance, assuming all NEIS eligibility is met.


4.34. With regards to partner arrangements, can a NEIS provider partner with a JSA organisation and sub contract the delivery of NEIS to the JSA organisation if the JSA organisation is an RTO but does not have Certificate III or Certificate IV in scope. The NEIS provider would issue training certificates.It is unclear from your question whether your proposed consortium and training model meets the new standards for Registered Training Organisations. We suggest you review the new standards – in particular standards 2 and 8 - and advise in your Tender whether your proposed model will comply with these standards.

For more information please refer to:

www.vetreform.industry.gov.au/publication/new-standards-registered-training-providers-and-regulators

www.comlaw.gov.au/Details/F2014L01377

4.35. Would the Department please provide all data and other information necessary to allow prospective Tenderers to accurately price this Service. This includes details of operating hours, past and estimated future inbound call and email volumes and patterns, the required grade of service to be provided in terms of the proportion of enquiries to which a response is required in a particular timeframe and any other service level requirements.It will be up to each Tenderer to address the selection criteria for the National Harvest Labour Information Service (NHLIS) set out at Section 7.10.8 of the Request for Tender (RFT), including the Tenderer’s proposed service delivery strategies. The RFT does not specify particular service level requirements in relation to enquiries to the NHLIS by telephone or e-mail. In describing their service strategies, Tenderers may specify their proposed response timeframes which form the basis for their pricing for the provision of those services. Information on expected operating hours of the National Harvest Telephone Information Service is included at Section 5.4.2 of the RFT. From 1 July 2009 to 31 June 2014, the National Harvest Telephone Information Service received, on average, between 340 to 460 calls between 8 am and 8 pm each business day. The average duration of incoming calls is about 1 minute 20 seconds.Email numbers received ranged from 50 to 400 per quarter.Prospective Tenderers may also be interested in the current NHLIS website at www.jobsearch.gov.au/harvesttrail/default.aspx (see RFT section 5.4.2)

4.36. In relation to Harvest Labour Service, what was the policy rationale for the exclusion of planting. Harvest Labour Services are directed towards sourcing out-of-area harvest workers when there are insufficient local workers to harvest horticultural crops. Harvest Labour Services are designed to focus on activities that are related to the processes and periods of gathering horticultural crops, within the Harvest Period. For this reason, planting is not included in Harvest Labour Services. There has been no change in policy in this respect. The Request for Tender merely clarifies the current position.Harvest Labour Services are intended to supply the labour necessary to meet the harvest requirements of growers, mobilise people from outside the Harvest Area to meet growers harvest requirements and connect people looking for harvest work with harvest labour opportunities. The Request for Tender and draft Employment Services 2015-2020 Deed describe the types of activities encompassed by harvest work.

4.37. With regards to providing NEIS training in an LMR, is there a specific minimum requirement of training sites were training is going to be delivered out of? For example the LMR of North East Melbourne covers an area nearly 40km long - it starts in the inner north suburb of Preston and stretches all the way to the Yarra Valley. If my nominated training site was in Preston how would


clients from the Yarra Valley be serviced given that they are 40km away and it would take 2 hours in city traffic to get to Preston - would a NEIS provider need to nominate and run training out of various geographical spots in the LMR to cover the LMR proper?The Department is unable to comment on a Tenderer’s bid strategy to deliver the services outlined in the Request for Tender and respond to the selection criteria. Regarding training delivery, as stated in section 4.4 of the Request for Tender for Employment Services 2015-2020, NEIS Providers must arrange NEIS Training for eligible Job Seekers who they select as prospective NEIS Participants. While the Request for Tender does not require the NEIS Provider to deliver the NEIS Training, it must be delivered face-to-face unless there are exceptional circumstances require mixed mode delivery. Appropriate supervision and monitoring throughout training will still be required.

4.38. NEIS fees for NEIS Providers are fixed at $5580. Does this figure include GST or is it ex GST?The NEIS Fee amount of $5580 in relation to each NEIS Participant, set out in Section 4.8 of the Request for Tender for Employment Services 2015-2020 (the RFT), is Goods and Services Tax (GST) inclusive. (Also refer to Section 6.9.4 of the RFT.)

4.39. I would like clarification on the term ‘NEIS Assistance” as this term doesn’t appear in the Glossary – specificallya. What services specifically constitute NEIS Assistance?

b. When is NEIS Assistance consider to commence – is it

upon acceptance of the prospective participant’s business plan on commencement of the delivery of training at NEIS Commencement, i.e. commencement of NEIS Allowance when, at the completion of

training, the Business Plan has been accepted as commercially viable

c. Does the term NEIS Assistance include the delivery of training?

NEIS Assistance is defined as ‘the assistance provided to a NEIS Participant, in accordance with this Deed, including any Guidelines.’ (Draft Employment Services 2015 – 2020 Deed, Annexure A1)

a) All services that must be delivered by a NEIS Provider to a NEIS Participant during their NEIS Assistance are contained in the Draft Employment Services 2015–2020 Deed, clause 129.

b) NEIS Assistance begins when a NEIS Participant commences their NEIS Business.

c) No, NEIS Assistance does not include the delivery of NEIS Training. NEIS Training would usually be completed before NEIS Assistance starts.

4.40. Under 4.3 “NEIS helps Job Seekers to start new small businesses. NEIS is an activity under Employment Services that provides accredited small business training, business advice and mentoring for eligible Job Seekers for up to 52 weeks, plus NEIS Allowance for up to 39 weeks”And, Under 4.8, Page 92 of the Tender Document states “A NEIS Post Programme Outcome is generally achieved where the Department verifies that a NEIS Participant is not receiving unemployment allowance or other qualifying Income Support from the Department of Human Services, 13 weeks after exiting NEIS Assistance at any time.”

a. Please clarify what constitutes “exiting NEIS ASSISTANCE”


b. Under what circumstances would NEIS Allowance cease prior to 39 weeks

a) A NEIS Participant is considered exited from NEIS Assistance when they are no longer receiving NEIS Assistance and their NEIS Provider records it in the Departments IT system. This could be due to the NEIS Participant completing 52 weeks in NEIS Assistance or deciding to leave NEIS earlier, for example, to take up employment.

b) NEIS Allowance can cease before 39 weeks for varying reasons. For example, the NEIS Participant may exit NEIS Assistance or the NEIS Participant returns to their original income support payment.

4.41. Payment of 20% of the NEIS FEE occurs achievement of a NEIS Post Program Outcomea. If the NEIS participant enters NEIS Commencement and receives the full 39 weeks of NEIS Allowance and 52 weeks of mentoring and then ‘exists NEIS Assistance’, is it correct that they must remain off unemployment or other qualifying income support for the entire period of 13 weeks in order for a Post Program outcome to be achieved, and then the 20% NEIS FEE payment will be received by the NEIS provider

b. Is it correct that, if a Participant exits NEIS assistance at any time, they must remain off qualifying income support for an entire period of 13 weeks before a NEIS Post Program Outcome is recorded and the 20% NEIS fee is paid?

Eligibility for the NEIS post-programme outcome (20 per cent) is calculated 13 weeks after the NEIS Participant exits NEIS Assistance. A NEIS Participant can exit NEIS at any time. The post-programme outcome fee is not related to the NEIS Allowance period.

4.42. Regarding documenting delivery sites for NEIS Provider service deliveryGiven the vast geographic area of the regions we are nominating for, in order to deliver services to the entire region, we may be able to deliver from additional locations other than those we have nominated in our tender if enough participants can be amassed at that additional location, but we can’t assess the viability of this opportunity until we have marketed NEIS services to the region

The published FAQ includes the following – Q 9.3 - In regards to the Part C document: Do we need to list full addresses for the locations where we intend to deliver but don't currently have an existing site? Or will it suffice to provide a location, stating that we will source appropriate property upon contract award (seeing as any property we identify at this stage is unlikely to still be available upon contract award).

Tenderers must nominate sites from which they propose to deliver services in an Employment Region or Harvest Area. Where the Tenderer does not have a current site, they must enter the ‘suburb’, ‘state’ and ‘postcode’ of the proposed site and enter ‘TBA’ in the ‘address line’.

a. If we nominate a ‘to be advised” site in our tender that includes a specific suburb, but that site in that suburb is not available at the time of signing the Deed, are we able to nominate an alternate site in a neighbouring suburb at the time of signing the deed?

b. If we nominate a specific location via full address in the tender, are we bound to deliver from that site if our application is successful?


a) Tender Application Form Part C (iii) Bidding for Business – New Enterprise Incentive Scheme says at Question 3.1 (in part) “Tenderers must nominate sites from which they propose to deliver services in an Employment Region”. Where a Tenderer does not have a current site from which it intends to provide services, they must enter the ‘suburb’, ‘state’ and ‘postcode’ of the proposed site and enter ‘TBA’ in the ‘address line’. It is up to Tenderers to decide whether and where any other information on sites is included in their responses to the NEIS selection criteria. However, if there is a possibility that the site location will change, this should be identified in the tender response.

Tenderers are expected to deliver NEIS services from the sites they specify in their Tender response for the Employment Regions for which they are successful. As set out in Section 6.9.2 of the RFT:

“Where extenuating circumstances arise, the Department may consider, on a case-by-case basis, a request for a variation to the Department’s offer of business. In making its determination, the Department will take into account factors such as the impact on overall service delivery coverage and diversity.”

b) Refer to answer (a).

If during the term of a Deed a NEIS Provider wanted to change the contracted site from which it is delivering services, agreement would be required from the Department which would take into account factors such as the need for coverage in a particular are, the effect on overall services and any impact on participants.

Can you advise for NEIS providers when business is allocated to a Region and that provider has nominated more than one site, how will that business be allocated to each site in a particular region?

That is, will an allocation be made (min-max) of the available business the provider has be awarded by the Department to each nominated site, or is it up to the provider to manage business between those sites within the allocation awarded?

NEIS Places will be allocated by Employment Region. NEIS Providers will be contracted to deliver NEIS Services to eligible Job Seekers in an Employment Region. (Refer to Section 7.4. Bidding for Business – New Enterprise Incentive scheme in the RFT for further information.)

If a NEIS Provider has nominated multiple Sites within an Employment Region, it will be up to the NEIS Provider to manage its NEIS Places between those sites.

4.43. In the guidelines Criterion 2 Part G Criterion 2 states: For existing Department Providers, the Department will use current performance and other quantitative data held by the Department. Where an existing Provider operates in a number of 2012 Employment Service Areas which either fully or partially fall within the boundaries of a 2015 Employment Region, the Department will derive the Provider's performance data using existing data relating to current Employment Service Areas managed by the Provider.Existing Providers should focus their response on qualitative information to support their case.

Tenderers that have not delivered Employment Services on behalf of the Department should supply evidence and the details of referees that may verify their claims. In answering the following questions you should use quantitative data as well as qualitative information to support your claims.


More information about how the Department will use referees is available at Section 7.12.3.

The same statement is not made in Criterion 3

As an existing provider do we need to respond fully to Criterion 3?

Yes, all Tenderers, including existing providers need to respond in full to Criterion 3.

Tenderers are to complete Employment Provider Selection Criterion 3 once only at the organisational level and once for each of the Employment Regions for which they are bidding.

As stated in section 7.10.4 under Criterion 3, the first six dot points asking the Tenderer to demonstrate the organisation’s ability and capacity to move Job Seekers into work, should be addressed at the organisation level and only need to be completed once. The last four dot points asking the Tenderer to describe the specific strategies it will adopt to achieve outcomes for Job Seekers, should be addressed for each of the Employment Regions for which they are bidding.

Please note, while the dot points in each criterion identify information Tenderers should address in their response, responses do not need to be limited to these dot points only.

(RFT Reference Section 7.10.2 - Table 7.2 and Section 7.10.4 - Criterion 3)

4.44. I have downloaded the 2015 Tender Data for LMIP for our region but am cautious about underestimating the number of possible participants required to Work for the Dole.The statistical data includes a number of pages providing various information pertaining to the region however I am unsure of how to tally or estimate the number of existing persons within the caseloads combined with referrals and/or new commencements to obtain a reasonably close estimate of the expected Work for the Dole participants.Do you have any suggestions for calculating/estimating using this data that would provide for more accurate view of expected participant numbers?The Work for the Dole triggers worksheet found in the data pack for each region published on the Labour Market Information Portal (www.lmip.gov.au) contains the number of Job Seekers per Stream who have reached the respective Work for the Dole triggers over the September 2012 quarter to the June quarter 2014. The data has been provided as a guide to allow potential tenderers to exercise their own expertise/judgement or that of a professional, to make decisions and estimations.

The notes in the Work for the Dole Triggers’ worksheet are provided as a guide to assist tenderers. As indicated at Section 2.10.3, including Table 2.4, of the Request for Tender for Employment Services 2015-2020, Work for the Dole is one of the activities which Job Seekers may undertake to satisfy their Annual Activity Requirement, depending on their age and circumstances. Not all Job Seekers who enter the Work for the Dole phase will undertake Work for the Dole.

It is estimated that there will be around 150,000 Job Seekers who will participate in Work for the Dole Places each year across all regions.

4.45. I two questions regarding Criterion 4 for the NEIS tender:1. Part of the question asks for our ‘regional strategies related to the establishment and maintenance of community/stakeholder linkages in the Employment Region (this should include marketing your Services and the skills of your participants)’. Please could the Department clarify what


is meant by marketing your services and the skills of participants? It’s unclear what you are looking for here. 2. Where the question asks for our ‘regional strategies related to meeting changes in labour market conditions within this Employment Region and in the needs of particular participant groups,’ please could the Department clarify what is meant by changes in the needs of particular participant groups?1. With regard to the reference to “marketing your Services and the skills of participants”, the Selection Criterion is asking Tenderers to demonstrate, as part of their regional strategies related to the establishment and maintenance of community/stakeholder linkages, the strategies the Tenderer proposes to put in place to market the Tenderer's NEIS Services and the skills of the Tenderer's NEIS participants within the community and to relevant stakeholders in the Employment Region/s in which the Tenderer is bidding to provide NEIS.

2. With regard to regional strategies related to “meeting changes … in the needs of particular participant groups”, the Selection Criterion is asking Tenderers to demonstrate strategies (to deliver NEIS Services in the Employment Region/s in which the Tenderer is bidding to provide NEIS) to meet the needs of particular participant groups which may be impacted differently by changes in the labour market or whose needs may change over time. Particular participant groups may include, for example, young job seekers, mature age job seekers, job seekers from Culturally and Linguistically Diverse backgrounds, Indigenous job seekers and job seekers with disability.

5. Statement of Requirements – Other Programmes5.1. Section 5.2.3 of the RFT specifies that providers of HLS will be eligible for:• A Harvest Labour fee of $215,600 per year payable quarterly in advance for delivery of other Harvest Services upon receipt of a tax invoice.Does this fee apply to every Harvest Region that a provider is tendering for? e.g. A provider is tendering for two Harvest Regions, would they receive 2 Harvest Labour Fees?

Yes, a Harvest Service Fee of $215,600 per year will be paid for each Harvest Area for which a tenderer is successful in being awarded Harvest Labour Services.

5.2. Do we, as a bidder for Harvest Labour Provider, identify our own Harvest Areas based on information gathered from the Bureau of Statistics SA2 regions?

Can the Department provide more information on the requirements of maintaining a presence in the Harvest Areas? Are you looking for permanent fixed dwellings or simply a local representative? How does the Department view this being structured?

Yes, Tenderers for Harvest Labour Services must define each Harvest Area for which they are bidding based on one or more Bureau of Statistics SA2 regions of their own choosing.

Harvest Labour Service providers are expected to maintain a site in each Harvest Area for the delivery of all Harvest Labour Services for that Harvest Area. The draft Employment Services 2015–2020 Deed notes the site requirements at Clauses 6 and 135.

5.3. With regard to Harvest Labour Service accessibility – are the regions a successful Tenderer would be delivering services in determined by the Department prior to the tender submission?


No. The tenderer is required to define the region and demonstrate why the support is required in that specific geographical area. Delivery of HLS does not have to be directly linked to a specific Employment Region. See sections 5.2.2 and 7.5.

5.4. Who is responsible for ensuring that the information on the Harvest Trail Website is current and up to date? The Department of Employment or the NHLIS Provider or other?

The NHLIS provider is responsible for maintaining information on harvest job opportunities on the Harvest Trail Website, with information provided by Relevant Harvest Bodies added as soon as possible (and within 12 hours) after receipt, and out of date information being removed within 24 hours of the provider finding out that the information is no longer current. (Request for Tender Section 5.4.2 and Employment Services Deed 2015-2020, Clause 137.6 (b)).

5.5. Who actually uploads the information onto the Harvest Trail Website? The Department of Employment or the NHLIS provider or other?

The NHLIS provider is responsible for loading Harvest Information onto the Harvest Trail Website (Employment Services Deed 2015–2020, Clause 137.4).

5.6. In relation to the National Harvest Information Service, in setting up a free-call service, or in continuing the current arrangements, does the Department have any specific IT or telephone equipment requirements?

No, essential requirements are set out in the Draft Employment Services 2015–2020 Deed at Clause 137.8. The Department does not stipulate any specific IT or telephone equipment requirements in relation to the National Harvest Telephone Information Service. It is up to the Tenderer to demonstrate that proposed equipment will satisfy Deed requirements.

5.7. In relation to responding to Criterion 1. Governance, in the RFT and in particular condition 2, is there another framework or template for Quality Assurance for Harvest Labour Service providers that are available?

Organisations which become Harvest Labour Services (HLS) providers only are not required to be certified against the Department of Employment’s Quality Assurance Framework. The Quality Assurance Framework will apply to Employment Providers and Work for the Dole Coordinators as described Sections 2.18.4 and 3.8 of the Request for Tender (RFT) respectively.

In relation to responding to the selection criteria, in accordance with Table 7.2 of the RFT, all Tenderers must answer Criterion 1 (see Section 7.10.3 of the RFT) once at the organisational level.

Tenderers that do not meet Condition 1 must respond to Condition 2.


5.8. In accordance with clause 7.7 of the RFT and question 3.4 of the Part C (iv) proforma, a Tenderer may specify that its provision of Harvest Labour Services in a Harvest Area is conditional on it winning Harvest Labour Services business in in a specific Statistical Area Level 2 (`the essential SLA2').

Is it possible to make a Harvest labour services bid in a specific Statistical Area Level 2 conditional on winning business for Employment Provider Services in the Employment Region containing that Statistical Area Level 2?

As stated in Section 7.7 of the Request for Tender, ‘A Tenderer may specify that its provision of Harvest Labour Services in a Harvest Area is conditional on it winning of Harvest Labour Services business in a


particular area.’ There is no provision for a Tender for Harvest Labour Services being conditional on Employment Provider Services.

5.9. The questions relate to the national free-call telephone service, and the volume and nature of incoming calls. I note that Australian JobSearch indicates that the free-call service operates between 8:00am and 8:00pm EST, Monday-Friday.The questions relate to the national free-call telephone service, and the volume and nature of incoming calls. I note that Australian JobSearch indicates that the free-call service operates between 8:00am and 8:00pm EST, Monday-Friday. a) What is the daily average number of incoming telephone calls:

• from Monday to Friday, during and after EST business hours:o 8:00am–5:00pm EST?o 5:00pm–8:00pm EST?

• during the weekend?b) Of the total number of incoming telephone calls what proportion relates to:

• general enquiries (e.g. work requirements/conditions, accommodation/travel, impact of adverse/changing weather conditions on harvest dates)?

• servicing placements for specific harvest jobs (e.g. via Job Seeker referral from Australian Jobsearch to apply for a harvest job)?

c) What is the average duration of incoming telephone calls?

a) From 1 July 2009 to 31 June 2014, the National Harvest Telephone Information Service received, on average, between 340 to 460 calls between 8 am and 8 pm each business day. The Department is unable to break this down further (calls received during or after business hours).b) Clause 137.8 (f) of the draft Employment Services 2015–2020 Deed requires that the National Harvest Telephone Information Service provide specific information related to Harvest, Harvest Work and related matters. The National Harvest Telephone Information Service is not required to list vacancies or make placements.c) The average duration of incoming calls is about 1 minute 20 seconds.5.10. There are currently a number of ambiguous elements to Harvest Labour Services (HLS). What are the intention and the charter of the program, and what in the RFT is consistent with that? I want to get some clarity around what is being looked for and what is being excluded. Also, what is the quality assurance framework for Harvest Labour Services?A1: The Harvest Labour Services being purchased for 2015-2020 are described in the Request for Tender for Employment Services 2015-2020 (at Section 5.2 with relevant definitions in the Glossary at Appendix A) and in the draft Employment Services 2015-2020 Deed (at Chapter D1 and Annexure A1 – Definitions.

As described in Section 5.2 of the Request for Tender (RFT), the objectives of Harvest Labour Services (HLS) are to:

supply the labour necessary to meet the harvest requirements of growers mobilise people from outside the Harvest Area to meet growers’ harvest labour needs connect people looking for Harvest Work, including Job Seekers on Income Support, with Harvest

Labour opportunities.

Section 5.2.4 of the RFT provides information regarding the Performance Framework for HLS. Harvest Labour Service Providers will have their performance assessed annually after the relevant Harvest Periods to ensure a reasonable cost per placement and other Harvest Labour Services is maintained.


5.11. What is the policy created for? There are growers who fit outside of these definitions and the tightening of the definitions excludes them. What is the intent of this policy?As stated in Section 5.2.2. of the Request for Tender, the role of Harvest Labour Services providers is to supply the labour necessary to meet the harvest requirements of horticultural producers in the horticultural industry. Providers of Harvest Labour Services are expected to maintain a presence in the Harvest Area throughout each year of the Employment Services Deed to ensure ongoing liaison with horticultural producers and their provider organisations.

5.12. Will the Department take into account recent performance in harvest labour areas affected by the drought?As indicated at section 7.10.7 of the Request for Tender, in responding to Harvest Labour Services selection criterion 3 (Demonstrated Performance), Tenderers may identify barriers to high performance or other external influences that may have affected performance.

5.13. Harvest Labour can no longer supply Labour Hire companies but this is contrary to the direction in which large parts of the industry have gone. Additionally, planting is not included as part of the harvest process whilst chipping and weeding are which is an anomaly as planting is part of the harvest preparation process. What is the design of this?As stated in section 5.2.2 of the Request for Tender, labour hire companies contracting to horticultural producers will not be eligible to receive Harvest Labour Services.

Harvest Labour Services are directed towards sourcing out-of-area harvest workers when there are insufficient local workers to harvest horticultural crops. Harvest Labour Services are designed to focus on activities that are related to the processes and periods of gathering horticultural crops, within the Harvest Period. For this reason, planting is not included in Harvest Labour Services. The Request for Tender and draft Employment Services 2015-2020 Deed describe the types of activities encompassed by harvest work.

5.14. Could you please advise who I can talk to about this policy and when that can be arranged, as it appears that we have different understandings of what a “harvest” involves. The interpretation below narrows the scope of the harvest labour service (and therefore its effectiveness) in a practical sense.The Department must adhere to the Communication Protocol which supports the Request for Tender for Employment Services 2015-2020 (see Appendix E of the Request for Tender).

The Request for Tender sets out the services which are being purchased through this tender process, including for Harvest Labour Services. As outlined in our previous response, the definition of what constitutes Harvest Work, and the policy focus for the programme, has not changed.

Consultation on the proposed Employment Services 2015 Model was undertaken in July/August 2014 through the Exposure Draft of the Employment Services 2015-2020 Purchasing Arrangements.

The Department will contact you to arrange a discussion regarding the policy after the closure of the Request for Tender.


6. Funding and payments6.1. When NEIS places are allocated can NEIS providers utilize those places when the business commences rather than when the participant commences training as training will no longer be paid as a separate item.

The situation clearly varies from the old contract where training was commenced and first payment claimed by the NEIS provider as soon as clients attended the first training session.

As that is no longer the case it would seem to be logical that places should only be allocated to participants when they start their business thus maximising allocation of places.

NEIS Places are only utilised when a NEIS Participant is commenced in NEIS Assistance. There is no effect on the places allocated to a NEIS Provider when a NEIS Prospective Participant is commenced into NEIS Training.

6.2. Does the $3500 fee for a placement in a Work for the Dole Group Based activity include supervision costs?

Yes, the Work for the Dole Fee of up to $3500 for a Place in a Group Based Activity is for the cost of items such as supervision and Group Based Activity overhead costs such as equipment. Please note that the Fee is available for each six month Place in a Group Based Activity, not per placement. (See Section 2.11.7)

6.3. Further to the above question, given this is described as a Fee does it need to be acquitted?

This Fee can either be claimed in advance or through reimbursement in accordance with any Guidelines. If the Fee is claimed in advance than it will need to be acquitted. The Employment Provider must complete and submit their Acquittal Report within 40 business days of the completion or cessation of the relevant Group Based Activity. (See Section 2.11.7).

6.4. Section 2.16.3 “Outcome Payments” (page 61, paragraph 5) refers to four week outcome payments. It states “Four week Outcome Payments will be capped at four per 12 month period per Job Seeker. If a Job Seeker finds their own employment an Employment Provider will still be eligible to claim an Outcome Payment for that Job Seeker if all other requirements are met.” Does this mean that once the 4 x Four week Outcome Payments have been achieved for a Job Seeker, any future FOE placements in that 12 month period will attract 12 and 26 week outcomes, but not a Four week Outcome Payment? Or does it simply mean that FOE placements are eligible for Four week Outcome Payments? Or both?

Providers can claim up to four Four Week Outcomes per 12 month period per Job Seeker. Once four Four Week Outcomes have been achieved within a 12 month period, any subsequent employment placements made during that same 12 month period will still attract 12 and 26 Week Outcomes (provided the relevant Deed requirements are met). This will be available for all placements regardless of how they are sourced.

6.5. Do participants still attract an admin fee when they are in work (but yet to reach a 26 week outcome)?

When a Job Seeker is employed but still actively commenced on a provider’s caseload they will attract an Administration Fee until such time as the Job Seeker is exited. Refer to: Draft Employment Services Deed –Clause 123 Administration Fees.


6.6. Section 2.16.3 paragraph 4 of the Request for Tender states ‘Where an Employment Provider claims a 12 Week Partial Outcome for a Job Seeker and before the end of the relevant 26 week Outcome period, if the Job Seeker remains off Income Support for the 26 week Outcome period, the Outcome period will be extended to maximise the opportunity for Employment Providers to claim a Full Outcome.’ Can you provide further clarification regarding moving outcome dates?

The Department’s IT system will automatically move an Outcome Start Date (OSD) to the start of the first Department of Human Services (DHS) Fortnight following a Job Seeker Placement Start Date. The system will use the income and earnings declarations a Job Seeker has made to DHS over the Outcome period to determine whether Full or Partial Outcome requirements have been met. Where an Outcome is not available, or is only available at a Partial rate using the first DHS Fortnight, the OSD will be moved automatically to the beginning of the second DHS Fortnight after the Job Seeker Placement Start Date.

Where a Job Seekers does not have a requirement to report their earnings to the DHS, or they are not a DHS customer, the OSD will be set to the Job Seeker Placement Start Date.

6.7. Placements can be made up to, and including 30 June 2015, under the current contract. Will the provider be able to claim outcome payments for these placements where the claim will be due after 30 June 2015?

Yes, Section 2.19.5 of the Request for Tender explains the arrangements.

6.8. The Labour Market Information portal website contains data on Job Placements, 13 week outcomes, and 26 week outcomes for each of the new Stream types.

Does this data relating to 26 week outcomes also contain data relating to 26 week Pathway outcomes as well?

As this outcome type is no longer a payable outcome, if 26 week Pathway outcomes are included in these figures then this data would then present an unrealistic picture of the 26 week outcome rates in estimating conversion rate for 26 week outcomes in any Employment Region.

6.9. Is it possible to confirm whether the available data is exclusive of 26 week Pathway outcomes?

As set out in the notes accompanying the data files by Employment Region published on the Labour Market Information Portal:

• the '13 Week Outcomes' worksheet contains the count of recorded 13 Week Full and Pathway Job Services Australia Outcomes

• the '26 Week Outcomes' worksheet contains the count of recorded 26 Week Full Job Services Australia Outcomes over the September 2012 quarter to the June quarter 2014 mapped to the new Streams and excluding Education Outcomes achieved for Job Seekers aged over 18 and Outcomes achieved for Stream 1 and 2 Job Seekers mapped to Stream A where the Outcome was anchored in the first three months of assistance.

6.10. Under the financial and credentials information section 11 it states “if your entity is new or has been financially restructured provide business plans and evidence of external funding”

Could you please expand on what would be considered as financially restructured?


The Department would consider “financially restructured” as where the entity has had a significant change to its operations or organisational structure. For example this could occur through the full or partial acquisition of another entity or the sale of a substantial part of the existing business.

Please note that with all Financial and Credentials Information Form responses the onus of proof is on the Tenderer to satisfy the Department of the financial viability of the tendering entity.

6.11. Section 2.16.1 of the RFT states ‘In recognition of the additional costs associated with delivering Services in regional locations, a loading of 25 per cent will be applied to the Administration Fees and Outcome Payments for Employment Providers in the Employment Regions (in part or all) identified by the Department as Regional’. We seek Clarification/Confirmation - The Illawarra South Coast Region is split, with part of the region attracting a Regional Loading. Is the Regional Loading based on the Job Seeker’s residential address or the location of the provider’s site?

Section 2.16.1 of the Request for Tender for Employment Services 2015-2020 (the RFT) states that a loading of 25 per cent will be applied to the Administration Fees and Outcome Payments for Employment Providers in the Employment Regions (in part or all) identified by the Department as Regional. For these payments, the regional loading will be based on the Job Seeker’s residential postcode. Locations which will attract the regional loading are listed at Appendix F of the RFT.

7. Purchasing Arrangements7.1. As my financial year ends as at 30th September each year, it will be impossible to submit a financial audit for the year ending 30/09/2014. So does that affect my Tender?What does the Department want me to provide for the period between the last Audit and now?I can provide a profit & loss statement verified by our Accountant as true & correct-will that suffice?

The Department prefers financial statements to be prepared on an accrual basis and to be audited. If however these are not available, you may provide a copy of the draft unaudited financial statements for the Department’s consideration. The onus of proof is on the tenderer to satisfy the Department of the financial viability of the tendering entity.

7.2. Can specialist organisations be included as sub-contractors in the Tenderers of multiple organisations? If so, how will preference for one particular tenderer be determined?

Yes, subcontractors can be included in the tenders of multiple organisations. The RFT outlines how the Department will assess tender submissions.

7.3. What additional evidence that group tendering arrangements have been formalised is required under Section 6.4.3?

The Department will require a copy of documentary evidence, signed by all parties to the group, which confirms the arrangements proposed in the tender application have been formalised. This may take the form of a memorandum of understanding, contract or other form of legal agreement between the parties. The group, through the lead member or authorised representative, will also need to confirm the group name and the ABN that will be used for the group.

7.4. How will Tenderers that rely on certification under the QAF as their response to selection criteria 1 be assessed?


The Department does not provide information in relation to the assessment process other than what is contained in the RFT. Tenderers should read the selection criteria carefully to ensure they are addressed in the tender submission.

7.5. A Tenderer may subcontract to one or more Organisations to deliver subcontracting services (6.4.4).

Is it possible for a subcontractor to subcontract their services to more than one Provider in a particular Employment Region?

A Subcontractor may be nominated by more than one Tenderer (and subsequently provide services to more than one Provider) in the same Employment Region. Refer Section 6.4.4 of the RFT.

Can a tenderer sub contract to a consortium of organisations through a lead agent for a particular Employment Region?

Yes, a Tenderer can subcontract to a consortium through a lead agent.

7.6. Please can you help to clarify the difference between partnering and sub-contracting as I am getting different advice.

We currently sub-contract to a JSA to deliver Work Experience activities and place people with various hosts for these work experiences as well as with ourselves.

Is this possible in the new contract and if so under which status; sub-contract or partnering, as per pages 105-106 of the RFT doc?

Will the Tenderer have to notify the Department that they intend to work with us as a partner or as sub-contractor (depending on what your response is to my question)?

A definition of a Partnership can be found in the Glossary of the RFT and the definition of a Subcontractor in the Definitions section of the Deed. A key differentiator between the two relationships is the influence that each party has on a tender bid. Subcontractors are considered by the Department to be subservient to the tenderer, unable to influence the tender submission and potentially unaware of the content of a tender response. Partners, on the other hand, are considered to have jointly formulated a tender response with each party privy to the detail contained therein.

‘Partnering’ (as well as consortia, joint venture or other alliance) is considered to be a ‘Group Tender’. As indicated in Section 6.4.3 of the RFT ‘Tenderers are not required to have formalised their group tendering arrangements at the time of lodging their tender submission. Tenderers must, however, provide the legal names and ABNs of the organisations that will form part of the Tendering Group (see Part B – Tender Information).

Tenderers that have not formalised their group tendering arrangements at the time of lodging their tender submission will be required to provide evidence by 5.00 pm (Canberra time) Friday, 16 January 2015 that they have formalised the arrangements. At that time, the Department will require confirmation of the group tendering arrangement described in the tender submission, and evidence from constituent members of their commitment to the entity’.

The Department cannot advise you of how you structure your organisation, or how or if you tender, see Section 6.4.14. If you only wish to subcontract to successful Tenderers, they will need to provide details of your organisation in their tender submission.



7.7. A Subcontractor may be nominated by more than one Tenderer (and subsequently provide services to more than one Provider) in the same Employment Region. Refer Section 6.4.4 of the RFT. With relationship to the answer to question 1 – can a subcontractor subcontract services?

No, a subcontractor may not subcontract delivery of employment services.

7.8. Subcontracting – if a Tenderer is going into new area and wants to engage with organisations in these areas to deliver specific service elements? What is subcontracting?

Section 6.4.4 of the RFT states “Providers can only Subcontract Services with the written permission of the Department….. If a Tenderer wishes to engage a Subcontractor to perform part of the Services, details of the proposed Subcontracting arrangements must be provided in the tender.

7.9. Can a Tenderer put in a bid as a sole Tenderer as well as part of a consortium for business in the same ESA.

No. This would be considered as the Tenderer competing against itself for business within the same ESA as the Tenderer would be privy to, and potentially able to influence, the content of both bids. See section 6.4.9 of the RFT for further information.

7.10. Can one entity be part of half a dozen group tenders in different Employment Regions?

Yes, subject to the exceptions set out in 6.4.9. The Request for Tender advises that ‘a Tenderer must not compete against itself within an Employment Region by submitting alternative tenders’. By way of example, and entity can be part of Group A’s tender bid in an Employment Region, part of Group B’s bid in another Employment Region, part of Group C’s bid in another region and so on. That entity cannot be part of Group A’s bid and Group B’s bid in the same Employment Region.

7.11. What if an organisation agrees to participate in multiple bids in a Region as a Subcontractor and all bids are successful, affecting their capacity to deliver?

Are organisations participating in tender bids as Subcontractors required to reveal to other potential contractors of their services which other bids they are involved in?

The Department does not enter into contractual arrangements with Subcontractors, and is not able to provide advice to organisations about how they manage their governance processes.

7.12. What is the definition of a Significant Indigenous Population? Is there a percentage?

For the purposes of the Indigenous Opportunities Policy (see section 6.7.5 of the Request for Tender), a region with a significant Indigenous population is one in which the Indigenous proportion of the population is equal to or greater than 3 per cent (the national proportion as at 30 August 2014 according to the ABS).

7.13. How do you define an identified non-compliance issue?

This question is in relation to audit history (see section 6.8.2). By definition, an identified non-compliance issue is any event or circumstance where an organisation contracted to provide services or products does not adhere to the requirements set down in a deed of contract with a purchasing agency and where the purchasing agency has ascertained and established the cause of this same event, issue or circumstance.


7.14. In relation to competing bids by a Tenderer, such as a tender from one entity and a separate tender from another entity which the Department determines is controlled by the first entity, how is a ‘controlling interest’ defined?

As set out in Section 6.4.9 of the Request for Tender for Employment Services 2015-2020, for the purposes of this section ‘Controlled’ has the same meaning as in the Corporations Act 2001 (Cth).

7.15. Could you please confirm whether the following is a competing bid for Company A. Company A is a subcontractor to Company B in an Employment Region. Company A also bids as a lead Tenderer with Company C as a Subcontractor in that same Employment Region?

This is not a competing bid. A Subcontractor may be nominated as part of a tender by one or more Tenderers. A nominated Subcontractor may also tender in its own right. Refer to Section 6.4.4 for more information on Subcontractors.

7.16. In the case of Group tenders, will the Department contract with the lead agency or with each member of the Tendering Group?

The Deed will include all members of the Tendering Group not just the lead member. Each Tendering Group must appoint a lead member entity to act as an agent for the other member entities.

7.17. How will a Job Seeker know a Subcontracting arrangement is in place when they register with DHS?

All Job Seekers are able to choose their Employment Provider when they first register with the Department of Human Services (DHS). To inform this choice, Job Seekers have access to information provided by the Department of Employment and DHS on the services available in their area. This information does not include details of subcontracting arrangements which may be in place.

Section 6.4.4 of the Request for Tender for Employment Services 2015-2020 advises that, “Some Tenderers may want to deliver services through Subcontractors. Under the terms of the Deeds, Providers can only subcontract services with the written permission of the Department.

Tenderers will remain responsible for the provision and quality of services they subcontract as set out in the Deeds with the Department and must ensure Subcontractors meet the same requirements of successful Tenderers identified in Section 6.7.”

7.18. As a current JSA Provider, we have arrangements in place with a provider to undertake Work Experience Phase (WEPh) and WFD activities. A MOU is in place with this organisation for the services provided. Are we able under the new Employment Services Deed 2015-2020 to utilise the current provider we have in place (if needed) without requiring them to become a Subcontractor and to continue under a new MOU agreement or do we need to nominate them as a Subcontractor?

Under current Work Experience Activity arrangements, Job Services Australia (Stream Services) Providers are responsible for delivering Work Experience Phase (WEPh) and Work for the Dole activities. However, under Employment Services 2015-2020, Work for the Dole Coordinators will source Work for the Dole places and Employment Providers will identify Job Seekers for those places. As such, a Memorandum of Understanding would not be possible for the delivery of Work for the Dole services.

A Tender for Work for the Dole Coordinator Services could propose a Subcontractor to perform part of the Services. If a Tenderer wishes to engage a Subcontractor to perform part of the Services, details of the proposed Subcontracting arrangements must be provided in the Tender. Subcontractors are


considered by the Department to be subservient to the Tenderer, unable to influence the Tender submission and potentially unaware of the content of a Tender response. Successful Tenderers who utilise subcontractor(s) will assume full responsibility for the actions of those subcontractor(s) against the requirements of the relevant Deed.


7.19. If tendering as a new entity under a joint venture between two existing JSA providers, one of whom has novated their JSA contract to the new entity, recognising that the other partner is a current JSA Provider, which organisation’s performance will you use in assessment of Criterion 2 for Employment Providers?

an average of the performance for the two organisations in the joint venture, or the ESA performance of an original entity within the ERs for which submission has been made the better of the performance of the two organisations

In relation to Employment Provider selection criterion 2, the assessment of Demonstrated Performance will consider performance and other data held by the Department of Employment as well as any additional information that Tenderers chooses to include in their written response. Consistent with Section 7.10.4 of the Request for Tender, given both organisations in the joint venture have previously delivered Services on behalf of the Department, the assessment of Demonstrated Performance will generally consider performance information for both organisations.

7.20. If all constituent members within a Group tender are accredited against the Department's Quality Assurance Framework does Condition 1 or Condition 2 within Employment Providers Criterion 1 apply? If Condition 2, how is it possible to gain accreditation, as there is no new entity?

Under Condition 1 of Criterion 1 (Section 7.10.3) the Request for Tender states that organisations that are not tendering in the same legal capacity under which they achieved Quality Assurance Framework certification must respond to Condition 2.

The Department considers that a Tenderer which is a new entity, although formed from organisations which achieved Quality Assurance Framework certification in their own right, is not tendering with the same legal capacity as the organisations which achieved certification. Therefore, the Tenderer would respond by addressing Condition 2.

As stated at section 2.18.5 of the Request for Tender, Employment Providers will be required to gain certification against the Quality Assurance Framework within 12 months of the commencement of the Employment Services 2015-2020 Deed [ie by 5.00 pm (Canberra time) on 1 July 2016] and maintain certification for the duration of the Deed.

7.21. Is there any information available regarding the transition payment structure for Education Outcome claims for movement into the new contract?

We have looked at the Q & As available, and the below is specific to Employment Outcomes, but doesn’t mention Education.

“For Transition, assuming all relevant criteria are met, relinquishing Job Services Australia Providers will be eligible to claim Outcome Fees for a transitioning Job Seeker where they have been placed into employment and the Outcome Start Date for the Outcome is prior to the Employment Services Deed 2012-2015 end date.”


Is it the same for Education?

Relinquishing Job Services Australia Providers will be eligible to claim Outcome Fees for a transitioning Job Seeker where the Job Seeker has been placed into Education and the Outcome Start Date for the Outcome is prior to the Employment Services Deed 2012-2015 end date. See Section 2.19.5 of the Request for Tender.

7.22. I would like to add some supporting documents to my response the RFT Employment Services 2015-2020 Criterion 1,2,3 and 4. Can I insert the attachment into the “Response field, or do I attach the supporting document as a separate file but with a similar file name ie Part D – Criterion 1 – Governance attachment 1?

Section 7.11 of the Request for Tender states ‘The Department will not accept any attachments submitted with a tender response on AusTender with the exception of those documents requested by the Department for security, audit, Probity and financial investigations (see Section 6.8).’

Attachments will not be accepted if uploaded into the response field. If you wish to include the content of supporting documents, you should copy the content into the relevant response field, noting that this will be included in your character count.

7.23. If an organisation is not incorporated under the Corporations law what type of Certificate of Incorporation and/or Registration proof is to be submitted under question 4, page 3 of the Financial and Credentials Information form?

If the organisation does not have a Certificate of Incorporation, for example a statutory authority, then it is required to provide reference to the relevant legislation or incorporation authority on page 3, Question 4 of the Financial and Credentials Information Form.

8. Bidding for Business and Tender Evaluation8.1. 7.10.4 Employment Provider selection criteria, Criterion 2: Demonstrated Performance: You state that 'Tenderers that are existing Stream Services Provider will have the option when submitting their response to not provide additional information against this criteria'. Could you give further detail on the breakdown of the 30% weighting between current performance and quantitative data already held by the Department, and the qualitative information that Providers are invited to provide?

If a current Provider provides qualitative information in response to this question, would this have any impact on the score attributed by the Department for current performance and quantitative data?

The assessment of Demonstrated Performance will consider information held by the department as well as any additional information that Tenderers choose to include in their written response. There is no specific breakdown of the 30 per cent weighting among the range of evidence provided.

8.2. Can you please clarify whether the Department is expecting a Tenderer to respond to all of the bullet points in Criterion 3 (i.e. 10 major bullet points in total) in the organisational response as well as the regional level responses? Or should a tenderer address only the six organisational level bullet points in their organisational response, and only the four regional level bullet points in their regional response?

Tenderers are to complete Employment Provider Selection Criterion 3 once at the organisational level and once for each of the Employment Regions for which they are bidding.


As stated in section 7.10.4 under Criterion 3 and under the heading "Demonstrate the organisation’s ability and capacity to move Job Seekers into work", a Tenderer's response should address the first six dot points at the organisational level. As such, the response only needs to address these matters once.

As also stated in section 7.10.4 under Criterion 3, for each Employment Region for which a Tenderer is bidding, the Tenderer should also describe the specific strategies it will adopt to achieve outcomes for Job Seekers. For each Employment Region for which a Tenderer is bidding, the response should address, but not be limited to, the last four dot points.

Please note, as stated in section 7.10.4 under Criterion 3, while the dot points identify information Tenderers should address in their response, responses do not need to be limited to these dot points.

This response has been updated from the original publishing.

8.3. I have a question regarding the last dot point in NEIS Criterion 4: Local NEIS Strategies.• The delivery of NEIS Services to prospective participants across the entire Employment Region.Can you please advise whether this is solely referring to prospective participants, that is those that haven’t actually commenced NEIS Assistance. i.e. Arranging NEIS training, approving business plans etc. Given that these elements are covered in previous criteria at the organisation level, I just wanted to check this was the case.

While the last dot point refers to NEIS prospective participants (those Job Seekers who have been assessed as NEIS Eligible and have not yet executed a NEIS Participant Agreement) NEIS Criterion 4 requires Tenderers to demonstrate how they will service all Job Seekers including NEIS prospective participants and NEIS participants located in various areas within the Employment Region. Your response should include the information outlined in all the dot points, and any further information you identify as relevant.

8.4. Criterion 1, Condition 1 requests confirmation of "current certification" against "the National Standards for Disability Services". The Department of Social Services is allowing for a 12-month transition period to this new standard FROM 1 January 2014. Could you please confirm that current certification against the old standard, "the National Disability Services Standards" and an intention to certify against the new standard in December 2014 satisfies criterion 1? If so, in what format is the confirmation required? (Attached certificate or a written statement?)

Condition 1 is only applicable to Tenderers that are currently certified against the Department’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the RFT).

Organisations who did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot), or maintain their certification from the Pilot, must respond to Condition 2.


8.5. In Criterion 2, does "existing Providers" include DES Providers for whom the Department holds Disability Employment Services "performance and other qualitative data"? There is specific mention of JSA provider star ratings being included but not of DES provider star ratings NOT being included. Could you please make this clearer?


As outlined in Section 7.10.4 of the Request for Tender, where the Tenderer has previously delivered Services on behalf of the Department, the Department may use its performance and other quantitative data in the assessment of this criterion. This may include performance achieved under the Disability Employment Services programme, including their Star Rating results.

8.6. What information will the Department use to assess Tenderers past performance against particular Job Seeker groups? What groups will data be disaggregated by?

The Department will assess Tenderers against outcomes that they were contracted to achieve (i.e. employment outcomes) as well as performance against the additional service delivery components listed in the Demonstrated Performance criterion description under Section 7.10.4 of the Request for Tender, such as Work for the Dole (or similar activities). As required for the assessment of a Tenderer against the Demonstrated Performance selection criterion, the data may be disaggregated by Job Seeker group.

8.7. Will the Department consider DES data in its assessment of past performance?

As outlined in Section 7.10.4 of the Request for Tender, where the Tenderer has previously delivered Services on behalf of the Department, the Department may use its performance and other quantitative data in the assessment of this criterion. This may include performance achieved under the Disability Employment Services programme.

8.8. For criteria 1, do tenderers that have a QAF get the automatic full 10% in its score?

Tenderers who meet Condition 1 under Criterion 1 will be awarded the full 10% score.

8.9. Do organisations need to provide a copy of their QAF as part of the tender?

Tenderers are not required to submit a copy of their QAF certificate as part of their tender response; however Tenderers who are certified against the QAF should provide information sufficient to demonstrate the currency of that certification, including in relation to continued certification against one of the Department’s approved Quality Standards.

8.10. Page 152 of the Tender documentation states that information contained in one Criteria will not be considered in relation to other Criteria. Criterion 3 and 4 ask for both an Organisational Level response and an Employment Region response. Will Assessors refer to our Organisation response when reviewing our Regional responses e.g. Criteria 3 Organisation to Criteria 3 Employment Region?

At the information session in Melbourne at 9.30am my understanding of the response to my verbal question was to not assume that Assessors will have reviewed the Organisation level response when assessing the Employment Region level response. Therefore to give context around our Employment Region level responses should we be repeating what we have stated at the Organisation level at the expense of character count for new ER level information?

Organisational and Regional level responses may be assessed independently. However, assessors considering an Employment Region response will also review the organisational response and assessment. It is not necessary for Tenderers to repeat their organisational level response within the Employment Region response.

8.11. For Employment Provider Criterion 3 we are required to submit an Organisational Level Response and a response for each Employment Region.


To avoid duplication of content between these two versions, and to ensure transparency of comparison between different bidder responses, would we be correct in assuming that we should address only the first 6 bullet points listed under Criterion 3 in the Organisational Level Response, and only the latter 4 bullet points in the Employment Region Level Responses?

If not, please can you further clarify those requirements of the Criterion which the Organisational Level and Employment Region Level responses should respectively address and focus on?

Tenderers are to complete Employment Provider Selection Criterion 3 once at the organisational level and once for each of the Employment Regions for which they are bidding.

As stated in section 7.10.4 under Criterion 3 and under the heading "Demonstrate the organisation’s ability and capacity to move Job Seekers into work", a Tenderer's response should address the first six dot points at the organisational level. As such, the response only needs to address these matters once.

As also stated in section 7.10.4 under Criterion 3, for each Employment Region for which a Tenderer is bidding, the Tenderer should also describe the specific strategies it will adopt to achieve outcomes for Job Seekers. For each Employment Region for which a Tenderer is bidding, the response should address, but not be limited to, the last four dot points.

Please note, as stated in section 7.10.4 under Criterion 3, while the dot points identify information Tenderers should address in their response, responses do not need to be limited to these dot points.

(RFT Reference Section 7.10.2 - Table 7.2 and Section 7.10.4 - Criterion 3).

8.12. For referee reports, can we use other Australian Public Service employees from other agencies?

As stated in section 7.12.3 of the RFT, Current employees of the Department cannot be a referee for a Tender. Tenderers may use employees from other agencies as referees.

8.13. If a current JSA provider does not respond to Criterion 2 on Demonstrated Performance, are they still required to provide referee details?

As indication in section 7.12.3 ‘Tenderers that have previously delivered Employment Services on behalf of the Department are encouraged to provide details of referees who can verify the Tenderer’s claims in their tender submission’.

8.14. When responding to a Selection Criteria, for example Selection Criterion 3, do we need to incorporate the Organisational Level response with the response for each Employment Region for which we are tendering? If so, won’t this result in duplication? If so, will there be a limit on how many characters should go towards addressing the Organisational Level response compared to the Employment Region response?


For example, under section 7.10.4 (of Criterion 3), responses should describe, at the organisational level, its proposed strategies for all Employment Regions for which it is tendering. Responses for each Employment Region should then describe how those organisational strategies will be applied in each Employment Region, taking account of the key features of the labour market for that Employment Region.

As an example, a tender response at the organisational level may propose to have a particular strategy for servicing particular cohorts of Job Seekers. However, such a strategy may be implemented differently


from one Employment Region to another, depending on the demographics of each particular Employment Region. The Employment Region response may then propose local strategies around how the organisational strategy will be delivered in the particular Employment Region, taking into account the geography of the Employment Region, public transport, numbers/populations/communities of Job Seeker cohorts, links with other specialist organisations etc.

Therefore, under 7.10.4, the first six dot points would be addressed at the organisational level only. There is no requirement to replicate any part of the organisational level response in each Employment Region specific response. Please note that, while the dot points in each criterion identify information Tenderers should address in their response, responses do not need to be limited to these dot points only. (RFT Reference Section 7.10.2 - Table 7.2 and Section 7.10.4 - Criterion 3).

8.15. Ten points in the Selection Criteria 3 at the Organisation Level need to be addressed and 4 points in the Selection Criteria 3 at the Region Level need to be addressed. At the Region Level do a total of 14 points need to be addressed?


For example, under section 7.10.4 (of Criterion 3), responses should describe, at the organisational level, its proposed strategies for all Employment Regions for which it is tendering. Responses for each Employment Region should then describe how those organisational strategies will be applied in each Employment Region, taking account of the key features of the labour market for that Employment Region.

As an example, a tender response at the organisational level may propose to have a particular strategy for servicing particular cohorts of Job Seekers. However, such a strategy may be implemented differently from one Employment Region to another, depending on the demographics of each particular Employment Region. The Employment Region response may then propose local strategies around how the organisational strategy will be delivered in the particular Employment Region, taking into account the geography of the Employment Region, public transport, numbers/populations/communities of Job Seeker cohorts, links with other specialist organisations etc.

Therefore, under 7.10.4, the first six dot points would be addressed at the organisational level only. There is no requirement to replicate any part of the organisational level response in each Employment Region specific response. Please note that, while the dot points in each criterion identify information Tenderers should address in their response, responses do not need to be limited to these dot points only. (RFT Reference Section 7.10.2 - Table 7.2 and Section 7.10.4 - Criterion 3).

8.16. In relation to performance criteria for existing Providers, is there an opportunity for Providers to provide supplementary information in their bid.

As indicated in section 7.10.4, 7.10.5 and 7.10.6, Tenderers that are existing providers of employment services may choose to submit a response to demonstrated performance criteria. Any material provided by existing providers will be considered in conjunction with performance data that the Department already has.

8.17. Criteria 3 and 4 in the Request for Tender are to be addressed at the Organisation level and at a Region Level. During the evaluation process will assessors evaluate these independently or together?


As advised in section 7.12.2, Stage 4 of the RFT, ‘The Employment Region response and the Organisational response will be assessed independently of each other’. However, the two assessments will be weighted differently to arrive at the overall 30% weighting for the criterion. Assessors for Employment Region level responses will have access to the Organisational level response.

Section 7.12.2 further says ‘The Department will assess the information provided in response to each criterion and will not consider responses under other criteria that may have relevance to a particular criterion. For example, information contained in response to one criterion will not be considered in relation to other criteria. Therefore, it is important for tenderers to demonstrate their claims against each criterion, within that criterion response’.

8.18. Are referees required per region or per organisation?This response has been updated (6 November 2014)

Tenderers are requested to provide the names and contact details of two referees who can substantiate claims made by the Tenderer in their bid. Referees may be different for each Region, with the exception of NEIS who are required to provide referees at the organisational level.

8.19. Referees – Do the restrictions apply to ex-Departmental staff who are now working for other agencies/organisations?

As stated in section 7.12.3 of the RFT, Current employees of the Department cannot be a referee for a Tender. Tenderers may use ex-Departmental staff as a referee.

8.20. In terms of business levels, can we have the ability to set a minimum or maximum level?

One hundred per cent of business is available through the Request for Tender process in each Employment Region. For each Employment Region, Tenderers should bid for their preferred business level in the Employment Region as a percentage range (refer section 7.2.2 Bid Ranges of the RFT).

8.21. What is the biggest allocation a Tenderer can be offered?

There are no limits on maximum business share that can be offered, but note that there will be up to six Providers awarded business in each Employment Region for Employment Services and a maximum of three Providers for NEIS and one Coordinator for Work for the Dole. Part of Department’s consideration will be to provide a diverse mix of providers in each Employment Region and to mitigate risks to the Commonwealth of any Tenderer failing to deliver the required service because of perceived limitations in the scalability of their proposed governance arrangements.

8.22. You mentioned up to six providers in a region. Is there any flexibility with this?

As indicated in section 7.2.3, there will be up to six Providers awarded business in each Employment Region unless there are exceptional circumstances.

8.23. If we have our own internal data, should we provide this information to support our claims against the criterion?

Yes. If this performance is not reflected in the star ratings and you believe it will provide a positive impression of your organisation’s performance, then it would be in your best interests to provide this data. Note that this will be included in the character limits for your responses to relevant selection criterion.

8.24. Can you provide examples of quantitative and qualitative information that is acceptable to the Department in addressing Criterion 2 Demonstrated Performance?


It is the at the Tenderer’s discretion to decide what data to include in its tender bid. The onus is on the Tenderer to provide evidence of the claims in their tender or provide details of referees who are able to validate their claims as per section 7.12.3 of the RFT.

8.25. Can you advise what weighting is applied to the specified personnel and how critical it is to provide details of this person if for instance Tenderers are bidding for a region where they don’t currently have a presence?

There is no specific weighting for specified personnel but the Tenderer will need to provide details of a specified person for the purposes of completing the tender. These details may be changed during the contract negotiation period.

8.26. Does the RFT allow for conditional bidding as previous tenders have in the past? The Selection Criteria forms appear to not provide the ability for this to occur, however it is not explicitly clear in the RFT documentation itself.

Conditionality is described at section 7.7 of the Request for Tender.

For conditional bidding please refer to the following forms -

• 2.4 of Part C (i) Bidding for Business Employment Provider

• 2.2 of Part C (ii) Bidding for Business Work for the Dole Coordinator

• 2.3 of Part C (iii) Bidding for Business NEIS

• 3.4 of Part C (iv) Bidding for Business HLS.

8.27. Can the Department please confirm if when responding to Criterion 3: Achieving outcomes for Job Seekers that bidders are only required to answer the first 6 dot points on page 141 in relation to their Organisational level bid, and then the remaining 4 dot points on page 141 for each of their regional level bids and that they do not have to cover off the first 6 dot points again at a regional level?

Tenderers are required to complete Employment Provider Selection Criterion 3 – Achieving outcomes for Job Seekers once only at the organisational level and once for each of the Employment Regions for which they are bidding.

As stated in section 7.10.4 under Criterion 3 that asks the Tenderer to demonstrate the organisation’s ability and capacity to move Job Seekers into work, the first six dot points should be addressed at the organisation level and only need to be completed once, they do not need to be completed again at the regional level.

For each of the Employment Regions for which it is bidding, in describing the specific strategies it will adopt to achieve outcomes for Job Seekers, the Tenderer should address the last four dot points.



8.28. With regard to Criterion 1 – Governance. Can a tenderer that is currently certified against the Department’s Quality Assurance Framework choose to respond to this criterion anyway as they may wish to further describe their structure, skills and capacity or some other element?

In accordance with Table 7.2 of the Request for Tender (RFT) for Employment Services 2015-20, all Tenderers must answer Criterion 1 (see section 7.10.3) once at the Organisational level.


Tenderers eligible to respond to Condition 1 may provide whatever information they consider appropriate.

Tenderers that are not eligible to respond to Condition 1 must respond to Condition 2.

For information on responding to Selection Criteria see Section 7.10 of the RFT.

8.29. How will performance data be considered if a Tenderer’s experience is limited to just part of the Employment Region for which it is bidding?

In relation to the Employment Provider selection criteria, the Department will derive Job Services Australia Provider performance data for Employment Regions being tendered based on their performance data in those Employment Services Areas which lie either fully or partially within Employment Region boundaries. This is outlined in Section 7.10.4 of the Request for Tender.

8.30. If an Employment Services Area (ESA) has been split across Employment Regions, will you consider performance data at the site level?

In relation to the Employment Provider selection criteria, the Department will derive Job Services Australia Provider performance data for Employment Regions being tendered based on their performance data in those Employment Services Areas which lie either fully or partially within Employment Region boundaries. This is outlined in Section 7.10.4 of the Request for Tender.

8.31. How far back will the Department go in the use of past performance data?

In relation to Employment Provider Selection Criterion 2: Demonstrated Performance, as outlined in section 7.10.4 of the Request for Tender, the Department of Employment will use current performance and other quantitative date which it holds. This will include Job Services Star ratings for the three year period to the end of September 2014. It may include performance data for services delivered before Job Services Australia, if relevant to the assessment of the criterion.

8.32. In the governance criteria 1, those that are already qualified, we are assuming they will get full marks? How do other providers get the full marks?

When answering Criterion 1, under Condition 2, Tenderers must provide detailed information to demonstrate that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions they have outlined in their tender and deliver the Government’s policies. See Section 7.10.3 of the Request for Tender.

8.33. With relation to the governance requirements detailed in Criterion 1, if the Tenderer meets all the Quality Assurance requirements and they are therefore not required to submit a response to this criterion, if they do decide to submit a response, will they risk losing the 10 per cent?


Condition 1 is only applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the Request for Tender).



8.34. Can you restate the requirement against the Governance Criterion?


In accordance with Table 7.2 of the Request for Tender (RFT), all Tenderers must answer Selection Criterion 1, once at the Organisational level.

The Governance Criterion is at Section 7.10.3 of the RFT.

8.35. Can the Department confirm whether providers are able to receive accreditation under the QAF before the commencement of the new program in 2015?

Organisations will not be able to gain certification against the Department of Employment’s Quality Assurance Framework prior to the commencement of the Employment Services Deed 2015-2020. Employment Providers will have until 5.00 pm, Canberra time, 1 July 2016 to gain certification against the Quality Assurance Framework.

8.36. Can the Department please confirm if when responding to Criterion 3: Achieving outcomes for Job Seekers that bidders are only required to answer the first 6 dot points on page 141 in relation to their Organisational level bid, and then the remaining 4 dot points on page 141 for each of their regional level bids and that they do not have to cover off the first 6 dot points again at a regional level?

Tenderers are required to complete Employment Provider Selection Criterion 3 – Achieving outcomes for Job Seekers once only at the organisational level and once for each of the Employment Regions for which they are bidding.

As stated in section 7.10.4 under Criterion 3 that asks the Tenderer to demonstrate the organisation’s ability and capacity to move Job Seekers into work, the first six dot points should be addressed at the organisation level and only need to be completed once, they do not need to be completed again at the regional level.

For each of the Employment Regions for which it is bidding, in describing the specific strategies it will adopt to achieve outcomes for Job Seekers, the Tenderer should address the last four dot points.



8.37. As a provider of Disability Employment Services and holding accreditation against the Disability Service Standards, and not a current JSA provider would we be deemed compliant with the Quality Assurance Framework?

Organisations which did not achieve Quality Assurance Framework certification during the 2013 Job Services Australia Quality Standards Pilot (the Pilot), or did not maintain their certification from the Pilot, must respond to Condition 2 of Criterion 1.

Under Condition 2, Tenderers must provide detailed information demonstrating that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions outlined in their tender and deliver the Government’s policies.

Tenderers may refer to any relevant certification they currently hold against a quality standard including, but not limited to, ISO 9001, the National Standards for Disability Services, the Employment Services Industry Standards or Investors in People.

8.38. Criterion 4: Meeting the needs of Employers refers to "workforce" and "labour force" at different points. Would the Department please confirm that these terms have the same meaning and are therefore interchangeable? Alternatively, if the difference in terminology is deliberate, would the Department please provide a definition of each term that clarifies exactly what information / response is required from Tenderers.


The terms “workforce” and “labour force” are deemed to have the same meaning and be interchangeable for the purposes of Criterion 4 ‘Meeting the needs of Employers’.

8.39. We are of the view that the Service Delivery Plans should form a part of the Department's evaluation of Tenderers' bids. We therefore ask that the Department require Tenderers to submit their draft Service Delivery Plans within one week of being notified that their Tender bid has satisfied the first three stages of the Evaluation Process as set out in RFT 7.12.2.

As noted in Section 2.18.6 of the Request for Tender states that ‘Successful Tenderers will be required to submit one or more Service Delivery Plans that reflect their tender Bid within one week of being notified of provisional acceptance of their tender response.’ Consideration was given to requiring the Service Delivery Plan(s) to be submitted as part of the tender response, and potentially being scored; however there would have been duplication between these documents and responses to selection criteria.

8.40. Will there be a minimum and maximum number of places? Eg if there are 28 available and I think that 14 are viable and I put in a bid for 14, and another tenderer puts in a bid for the whole 28 will I miss out?

Tenderers should consider their bid strategy carefully. Tenderers should bid for their preferred minimum and maximum number of NEIS Places per Employment Region (see section 7.4.2 Bid Ranges – NEIS). Allocation decisions will be made by the Delegate, on the basis of recommendations made following the Tender Evaluation process, and applying the principles set out in the RFT. Refer to section 7.12, and in particular section 7.12.4, of the RFT for further information about business allocation.

8.41. When looking at national performance, will you combine two levels of data?

In relation to the Employment Provider selection criteria, the Department will derive national level performance data by aggregating an organisation’s performance information from across Australia.

8.42. Does the RFT allow for conditional bidding as previous tenders have in the past? The Selection Criteria forms appear to not provide the ability for this to occur, however it is not explicitly clear in the RFT documentation itself.

Conditionality is described at section 7.7 of the Request for Tender.

For conditional bidding please refer to the following forms -

• 2.4 of Part C (i) Bidding for Business Employment Provider

• 2.2 of Part C (ii) Bidding for Business Work for the Dole Coordinator

• 2.3 of Part C (iii) Bidding for Business NEIS

• 3.4 of Part C (iv) Bidding for Business HLS.

8.43. In the criterion where we need to submit a response at both an organisational level and a local level, will both responses be read and marked in conjunction with one another? Or do they need to be written as stand-alone responses? (meaning that we will need to replicate elements of the organisational response within the local response).

Are we able to cross-reference to reduce duplication? For example, cross-reference between organisational and local responses and/or between criterion?

Organisational and Regional level responses may be assessed independently. However, assessors considering an Employment Region response will also review the organisational response and assessment. It is not necessary for Tenderers to repeat their organisational level response within the Employment Region response for a criterion.


As noted in Section 7.12.2, the Department will assess the information provided in response to each criterion and will not consider responses under other criteria that may have relevance to a particular criterion. Therefore, it is important for Tenderers to demonstrate their claims against each criterion, within that criterion response.

8.44. Criterion One - Governance, Quality assurance; pass/fail assessment ….. what/how is the Department going to assess this?

Criterion 1 asks Tenderers to demonstrate that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions they have outlined in their tender and deliver the Government’s policies.

Condition 1 is applicable to Tenderers that are currently certified against the Department of Employment’s Quality Assurance Framework. The Department’s Quality Assurance Framework includes certification against one of the approved Quality Standards and the Department’s Quality Principles (refer Appendix D, Quality Assurance Framework in the Request for Tender).


Tenderers not responding under Condition 1 must respond under Condition 2. See Section 7.10.3 of the Request for Tender.

8.45. For Criterion 2, Demonstrated Performance:

a) What performance data will you use if a Tenderer delivers in only part of an Employment Region?b) If an ESA is split into more than one Employment Region, will you use site specific data to assess

the Employment Region?

With regard to the Demonstrated Performance Selection Criterion for Employment Provider services:

As outlined in Section 7.10.4 of the Request for Tender, the Department will derive Job Services Australia Provider performance data for Employment Regions being tendered based on their performance data in those Employment Services Areas which lie either fully or partially within Employment Region boundaries. Addendum 2 provides further details on the mapping of existing Employment Services Areas to Employment Regions.

No, as outlined in the response above, the Tender assessment will use Employment Services Area based performance. If a Tenderer chooses to provide a written response to the criterion, it may make reference to any performance information that it considers relevant, including Site specific information.

8.46. Where Tenderers have an existing relationship with Department do they only have to provide qualitative data (not quantitative)?

In relation to the selection criteria for Employment Provider services (see section 7.10.4 of the Request for Tender), Criterion 2 – Demonstrated Performance, states in part that:

“For existing Providers contracted by the Department, the Department will use current performance and other quantitative data held by the Department. This will include Job Services Australia Star Ratings for the three year period to the end of September 2014.


The Department will derive Job Services Australia Provider performance data for Employment Regions being tendered based on their performance data in those Employment Services Areas which lie either fully or partially within Employment Region boundaries.

For existing Stream Services Providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data.

Tenderers that are existing Stream Services Providers will have the option when submitting their response to not provide additional information against this criterion.”

8.47. If I am a provider and cover 10 ESAs and moving into new regions, what performance data will you use in my regions that I may be bidding for?

For existing Providers contracted by the Department, the Department will use current performance and other quantitative data held by the Department. As outlined in Section 7.10.4 of the Request for Tender, for existing Stream Services Providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data.

8.48. In terms of Achieving Outcomes for Job Seekers, as described under Criterion 3, will the Tenderers responses be considered for each Employment Region if we respond once at the organisational level and not at each site level?

In relation to Criterion 3, Tenderers must complete a response for each Employment Region in which they are tendering in addition to the response provided at an Organisational Level.

“Tenderers must complete all relevant selection criteria at the national, Employment Region or Harvest Area level as specified for each Service for which they are bidding.” – Section 7.10.1 of the RFT

Criterion 3 ‘Achieving outcomes for Job Seekers’ “is to be addressed at both the organisational level (once only) and at the Employment Region level (once for each Employment Region for which you are bidding).” – Table 7.2 (Section 7.10.2) and Section 7.10.4 of the RFT.

Further clarity is provided through the Tender Application forms. For Criterion 3 – Employment Provider, the organisation level response is completed in Part E (i) and the Employment Region level response/s (once for each Employment Region for which the organisation is tendering) at Form E (ii).

8.49. When responding to Criterion 3 regarding how we achieve outcomes for Job Seekers, if we are bidding for only one service in one region, do we need to duplicate responses for the organisational level section and the site level section? Given we have 18,000 characters for each response I would like to clarify whether this is necessary as it seems an unnecessary duplication.

Criterion 3 ‘Achieving outcomes for Job Seekers’ must be addressed once at the Organisational Level and for each Employment Region for which the Tenderer is tendering. This includes where the Tenderer is only tendering to deliver services in one Employment Region.

It is at the discretion of the Tenderer as to how they utilise the 18,000 characters for the Organisational level and each Employment Region level response. It should be noted that Section 7.10.4 of the RFT provides guidance on the information that the Tenderer should address (but is not limited to) at the organisation level and each Employment Region level.

Further clarity is provided through the Tender Application forms. For Criterion 3 – Employment Provider, the organisation level response is completed in Part E(i) and the Employment Region level response/s (once for each Employment Region for which the organisation is tendering) at Form E(ii).


8.50. If a Tenderer is a Provider of DES programs are they classed as an existing Provider and as such are not required to provide referees?

As advised in Addendum Number 7 ‘all Tenderers, with the exception of Job Services Australia providers that hold a 2012-2015 Deed with the Department of Employment, are expected to submit details of Referees with their Tender’.

8.51. For JSA providers the Department will use existing (internal measures) performance in evaluating criterion 2. In relation to the WfD Coordinator tender, what measures of performance will be used for current JSA providers?

As detailed at Section 7.10.5 of the Request for Tender (RFT) in relation to Work for the Dole Coordinators selection criterion 2, the Department will use current performance and other quantitative data held by the Department.

As detailed in Section 7.10.4 of the RFT in relation to Employment Provider selection criterion 2, for existing Providers contracted by the Department, the Department will use current performance and other quantitative data held by the Department. This will include Job Services Australia Star Ratings for the three year period to the end of September 2014.

8.52. Section 7.2.5 Sites, the Department reserves the right to use “gap filling” methods, can an explanation or definition of the term be provided?

As described at section 7.12.11 of the RFT, where an open approach to market process fails to produce a suitable provider in a particular locality, the Department, having regard to value for money and the public interest, may consider a number of options to obtain additional service coverage, including:

• a select Tender process

• offering business to other Tenderers, successful or otherwise, including through direct sourcing.

8.53. We are a Registered Training Organisation and we are wondering if we are eligible to apply as we only want to cover off one region.

Section 6.4 of the Request for Tender contains information on eligibility to tender. Section 7.2.4 provides information on Coverage for Employment Providers and states ‘The Department is seeking market coverage that is as wide as possible. Preference will be given to tenders that geographically cover all of an Employment Region, however, while needing to also ensure the whole Employment Region is covered, the Department will consider Bids that offer partial coverage (except in relation to Work for the Dole – see Section 7.3.4).’

8.54. Tender Criteria Responses - Page 140 states for existing providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data. Where a provider does not operate in a region, in the regional response should they refer to performance in a neighbouring or similar Region, when the Department is only assessing past performance at a national level?Can Providers refer to national level responses in their regional response (e.g. Refer to C3 National) or are they required to be treated separately?As outlined in Section 7.10.4 of the Request for Tender, for existing Stream Services Providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data in the assessment of the Demonstrated Performance


criterion. If the Tenderer wishes to provide a written response to the criterion, it may make reference to any performance information that it considers relevant. In responding to those selection criteria that require both an organisation level and Employment Region level response, Tenderers may make reference to any performance information that they consider relevant. This should have regard to the guidance set out in Section 7.10.4 of the Request for Tender about what a Tenderer needs to demonstrate at both the organisational and Employment Region level.

8.55. In Criteria 2 & 3 of the NEIS Program tender it states:

For existing Department Providers, the Department will use current performance and other quantitative data held by the Department. Where an existing Provider operates in a number of 2012 Employment Service Areas which either fully or partially fall within the boundaries of a 2015 Employment Region, the Department will derive the Provider's performance data using existing data relating to current Employment Service Areas managed by the Provider.

Existing Providers should focus their response on qualitative information to support their case.

Can you please confirm that as an existing provider, the Department of Employment has on file all the qualitative data it requires, and that we only need focus on the qualitative aspects of the tender document.

Tenderers are informed at section 7.10.6 NEIS Selection Criterion 2: Demonstrated performance:

“For existing Department Providers, the Department will use current performance and other quantitative data held by the Department. Where an existing Provider operates in a number of 2012 Employment Service Areas which either fully or partially fall within the boundaries of a 2015 Employment Region, the Department will derive the Provider's performance data using existing data relating to current Employment Service Areas managed by the Provider. Existing Providers should focus their response on qualitative information to support their case.”

We assume that that your question is “Can you please confirm that as an existing provider, the Department of Employment has on file all the quantitative data (ie rather than qualitative data) it requires…….”.

If this is so, we can confirm that the Department of Employment holds quantitative data for current providers. Tenderers which are current providers should focus their response on qualitative information to support their case and have the option to provide additional quantitative information when submitting their response to this criterion.

8.56. Can I please have clarification on Addendum 7? My organisation is a current provider of NEIS, and of JSA as a subcontractor. We held the JSA Contract in our own name until recent novation, and as a current provider of NEIS in our own right, hold a current Deed.

In our tenders for services other than Employment Provider, what are our requirements for providing referees?

Organisations that hold an Employment Services Deed 2012-2015 (that is, Stream Services, NEIS, Harvest Labour Services and the National Harvest Labour Information Service) are not required, but may elect to submit referee details when Tendering for any of the services as part of the Employment Services 2015-2020 Request for Tender.

All other Tenderers for Employment Services 2015-2020 are required to submit referee details.


8.57. Relevant to 7.12.3 – Referees, the RFT states “Current employees of the Department cannot be a referee for a Tenderer”.

Can you please confirm whether employees from other Government Departments may be permitted as a referee?

As stated in section 7.12.3 of the RFT, current employees of the Department cannot be a referee for a Tender. Tenderers may use employees from other agencies (both Commonwealth and State/Territory) as referees.

8.58. Can you please clarify what is meant by “services to clients” in the first dot point under proposed management and administration support…

Should ‘clients’ here be taken as interchangeable with ‘Participants’ as used elsewhere in the RFT?

The term ‘clients’ in the third dot point in NEIS selection criterion 3 of the Request for Tender for Employment Services 2015 – 2020 (which reads in part “proposed management and administration support, including, but not, limited to strategies to provide services to clients, such as recruitment or liaising with stakeholders”) includes Job Seekers interested in NEIS participation, Prospective NEIS Participants and NEIS Participants.

8.59. A question to clarify the size of the Adelaide South Employment Region – and whether we can tender to offer services for Southern Adelaide and Eastern Adelaide only.Please would you clarify if a tenderer such as ourselves (a small business with specific geographically-based organisational contacts) could tender to offer the Work for the Dole Coordinator for only the areas labelled “Southern Adelaide” and “Eastern Adelaide” [as in the map marked “Adelaide South” in Appendix G)].I note the tender documents say there will be “one (Work for the Dole Coordinator) per Employment Region” – I would like to check if the Southern Adelaide/Adelaide South Employment Region is actually as big as my interpretation of Appendix G (e.g. does “Adelaide South” actually include part of the Northern area of Adelaide, Eastern Adelaide, the Fleurieu and Kangaroo Island?).

Section 7.3.4 provides information on coverage for Work for the Dole Coordinators and states that ‘only tenders that geographically cover all of an Employment Region will be considered for an offer of business.’

I can confirm that the Adelaide South Employment Region consists of:

• 100 per cent of the current Employment Service Areas of Adelaide Hills, Eastern Adelaide and Fleurieu/Kangaroo Island

• An estimated 99.9 per cent of the current Employment Service Area of Southern Adelaide

• An estimated 1.9 per cent of the current Employment Service Area of Northern Adelaide.

Tenderers can view maps of the Employment Regions in Google Maps, using the Google Maps Engine Tool which the Department has made available on the Labour Market Information Portal at the link below. This tool allows the user to overlay ESA and suburb boundaries in order to understand the area covered by each Employment Region.

http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/DigitalMappingFiles

8.60. Can we please clarify if the published Q&A’s at 8.5 through to 8.7 – Criterion 2 Demonstrated performance and DES performance data/star ratings.


The answer states: As outlined in Section 7.10.4 of the Request for Tender, where the Tenderer has previously delivered Services on behalf of the Department, the Department may use its performance and other quantitative data in the assessment of this criterion. This may include performance achieved under the Disability Employment Services programme, including their Star Rating results.The clarification required: Does this relate to all Criteria 2 as outlined in Sections 7.10.5/7.10.6 etc.?

Disability Employment Services are administered by the Department of Social Services rather than the Department of Employment.

Where a Tenderer wishes to have performance in delivering Disability Employment Services considered, they should include that as part of their response.

As indicated at Section 7.12.2, assessment recommendations will be based on the organisation's responses to the selection criteria and any other information available to the Department or any other Commonwealth Department / agency. Where a Tenderer has previously delivered Services on behalf of the Department, the Department may use the Tenderer’s performance and other quantitative data in the assessment process. This may include performance achieved under the Disability Employment Services programme, including their Star Rating results.

8.61. My question relates to the nomination of the Business Share percentage range of a prospective Employment Provider. We only want to target Stream C candidates. So is the Business Share range we nominate calculated as a percentage of Stream C'ers in an Employment Region or as a percentage of the total number of candidates in the Region?

The total business available through the Request for Tender process comprises of the total number of Eligible Job Seekers referred through the Department of Human Services.

Business Share is the proportion of the total number of Eligible Job Seekers that Employment Providers will be contracted to help in an Employment Region. (RFT ref: section 7.2.1)

It should be noted, that Job Seekers will connect with Employment Providers following a referral from the Department of Human Services to a particular Stream. Employment Providers must accept and service all eligible Job Seekers referred to them. They are required to service all Job Seekers on their caseload, regardless of the Stream, circumstance or client group. (RFT ref: sections 2.4 and 2.7)

Tenderers may indicate in their Bid that, in providing services for all Job Seekers, they will have specialised approaches in locations where there are significant of Job Seekers from particular client groups, for example, young, Culturally and Linguistically Diverse or Indigenous Job Seekers. (RFT ref: section 7.2.4).

8.62. Where Tenderers have an existing relationship with Department do they only have to provide qualitative data (not quantitative)?

In relation to the selection criteria for Employment Provider services (see section 7.10.4 of the Request for Tender), Criterion 2 – Demonstrated Performance, states in part that:

“For existing Providers contracted by the Department, the Department will use current performance and other quantitative data held by the Department. This will include Job Services Australia Star Ratings for the three year period to the end of September 2014. “

The Department will derive Job Services Australia Provider performance data for Employment Regions being tendered based on their performance data in those Employment Services Areas which lie either fully or partially within Employment Region boundaries.

For existing Stream Services Providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data.


Tenderers that are existing Stream Services Providers will have the option when submitting their response to not provide additional information against this criterion.

8.63. Under Criterion 1: Governance, submissions must address Condition 1 or Condition 2. We have several clients who wish to seek accreditation against the Quality Improvement Council (QIC) Health and Community Services Standards instead of ISO 9001. I believe this flexibility exists through the wording of Condition 1 and 2 so my question is:

Is the Department satisfied that the QIC standards are equivalent to ISO 9001 for the purposes of meeting Criterion 1 of the Tender documentation.

The Quality Improvement Council (QIC) Health and Community Services Standards are not an approved Quality Standard for the Department of Employment’s Quality Assurance Framework. Certification against the QIC Health and Community Services Standards would be insufficient for a Tenderer to respond using Condition 1.

The Department’s approved Quality Standards are listed at Section 2.18.5 of the Request for Tender (RFT). As stated, the Quality Assurance Framework comprises two key elements:

• Quality Principles developed by the Department, and

• Certification against one of the Department approved Quality Standards: ISO 9001, the National Standards for Disability Services, the Employment Services Industry Standard or Investors in People.

Tenderers may only respond to Condition 1 if they are currently certified against the Department’s Quality Assurance Framework (obtained through the 2013 Job Services Australia Quality Standards Pilot) and have maintained continual certification against one of the four Quality Standards approved by the Department. Under Condition 2 of Criterion 1 (Section 7.10.3) of the RFT, Tenderers must provide detailed information demonstrating that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions outlined in their tender and deliver the Government’s policies. In addressing Condition 2, Tenderers may refer to any relevant certification they currently hold against a quality standard.

8.64. RFT 7.10.3. Criterion 1 – Governance

Would the Department please clarify exactly what is expected of Tenderers responding to Condition 2 of Criterion 1. This Criterion is specifically titled Governance, however within the Quality Assurance Framework, there are 7 Quality Principles, with the first Principle being Governance.

Would the Department please confirm that Tenderers responding to Condition 2 of Criterion 1 are only expected to address this Governance Principle in addressing the requirement to "Demonstrate that your organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions you have outlined in this tender and deliver the Government’s policies" in order to enable the Department to "ensure that Tenderers have robust governance that demonstrates the integrity of their organisation in delivering tendered Services or similar services to government."

Under Condition 2 of Criterion 1 (Section 7.10.3) of the Request for Tender (RFT), Tenderers are required to demonstrate that their organisation has the structure, management and systems as well as the skills and capacity and resources to deliver the actions outlined in their tender and deliver the Government’s policies. Tenderers are not required to cite or directly address any or all of the Quality Principles under the Quality Assurance Framework.

8.65. 7.10.4 Criterion 2 - Demonstrated Performance

Where a Tenderer has only a single outreach site belonging to a current ESA within an Employment Region on which it is planning to bid, would the Department please confirm that the Department will


derive national level performance data for the purposes of assessing the Tenderer's performance against Criterion 2.

Section 7.10.4 of the Request for Tender, outlines for existing Stream Services Providers that are tendering for an Employment Region in which they are currently delivering Services, the Department will derive Employment Region performance data based on their performance in the Employment Services Area which lie either fully or partially within the Employment Region’s boundaries.

8.66. If we are a current JSA provider in some Employment Region but in the Employment Region we are tendering for we only have DES contracts, do we still have to provide information to Criterion 2 in those regions we do not have JSA provision?

No; as outlined in Section 7.10.4 of the Request for Tender, for existing Stream Services Providers that are tendering for an Employment Region in which they are not currently delivering Services, the Department will derive national level performance data.

8.67. If a bid is received from a newly formed company with two parents where one parent has relevant national experience and the other relevant international experience, can this experience be taken into account? To clarify, this is not a group tender but a newly formed company which has no track record in its own right.Under the selection criterion relating to Demonstrated Performance, the Department will assess Tenderers' demonstrated experience and performance in delivering the Services or similar services to those being tendered, both in Australia and, where applicable, internationally. This is the case for all Tenderers, regardless of whether they are a new organisation or not.

The matters that should be addressed in a Tenderer's response to the selection criterion relating to Demonstrated Performance for the various Services are set out in Sections 7.10.4, 7.10.5, 7.10.6, 7.10.7 and 7.10.8 of the Request for Tender.

As indicated in the Request for Tender (see for example, Section 7.10.4), the Department will use current performance and other quantitative data for organisations which are existing providers of its employment services.

8.68. For demonstrated performance, how does that apply for providers who have had previous contracts but aren’t current Job Service Australia providers? Will this disadvantage us?Under the selection criterion relating to Demonstrated Performance, the Department will assess Tenderers' demonstrated experience and performance in delivering the Services or similar services to those being tendered.

The matters that should be addressed in a Tenderer's response to the selection criterion relating to Demonstrated Performance for the various Services are set out in Sections 7.10.4, 7.10.5, 7.10.6, 7.10.7 and 7.10.8 of the Request for Tender. Note that Sections 7.10.4 and 7.10.5 say “Where the Tenderer has previously delivered Services on behalf of the Department, the Department may use its performance and other quantitative data in the assessment of this criterion”.

8.69. How does past performance apply to organisations that have previously delivered, but don’t currently? Is there any disadvantage to not having current specific data?Under the selection criterion relating to Demonstrated Performance, the Department will assess Tenderers' demonstrated experience and performance in delivering the Services or similar services to those being tendered.


The matters that should be addressed in a Tenderer's response to the selection criterion relating to Demonstrated Performance for the various Services are set out in Sections 7.10.4, 7.10.5, 7.10.6, 7.10.7 and 7.10.8 of the Request for Tender. Note that Sections 7.10.4 and 7.10.5 say “Where the Tenderer has previously delivered Services on behalf of the Department, the Department may use its performance and other quantitative data in the assessment of this criterion.”

8.70. How much significance will be placed on proven performers with past performance ratings and a new player?Under the selection criterion relating to Demonstrated Performance, the Department will assess Tenderers' demonstrated experience and performance in delivering the Services or similar services to those being tendered, regardless of whether or not they have provided services to the Department.

The matters that should be addressed in a Tenderer's response to the selection criterion relating to Demonstrated Performance for the various Services are set out in Sections 7.10.4, 7.10.5, 7.10.6, 7.10.7 and 7.10.8 of the Request for Tender.

8.71. We have a query regarding timeframes being used by the Department for past performance to help us ensure that when we are generating our own reports our quantitative data timeframes align with the Department’s. Page 140 of RFT says the Department will be looking at JSA Star ratings for a three year period ending September 2014. Does that mean data from 1 October 2011 until 30 September 2014 or will it include the star ratings for the previous quarter ending 30 September 2011? Also the Tender Data for LMIP released today (see attached for an example) only goes back to September 2012 so is that an indication the Department is expecting discussion of past performance in quantitative terms to only go back until Sept 2012 (not 2011)?The September 2014 JSA Star Ratings release will be used to inform the assessment of Selection Criterion 2: Demonstrated Performance. Star Ratings are calculated on a three-year rolling period such that the September 2014 release will assess the three year period to the end of September 2014.

The programme data released on the Labour Market Information Portal is for the information of tendering organisations to aid in the preparation of tender material. These data are unrelated to the performance data which will be used in the assessment of Demonstrated Performance.

8.72. Will the department interview existing providers to provide an opportunity to present additional information to performance data?The tender evaluation process is outlined at Section 7.12 of the Request for Tender and does not include interviewing Tenderers.

The circumstances where the Department of Employment may contact a Tenderer are set out in the Request for Tender in Sections 6.5.15 and 7.12.1.

Current providers wishing to present information in addition to performance data may do so in their responses to the selection criteria. The matters that should be addressed in a Tenderer's response to the selection criteria for the various Services are set out in in Sections 7.10.4, 7.10.5, 7.10.6, 7.10.7 and 7.10.8 of the Request for Tender.

The Department will not be interviewing any tenderers or providing opportunity for additional information of any kind to supplement tender bids once the tender closes.


9. Forms9.1. Can you advise if the Fair Work Principles form, which was a separate form in previous tenders, is included in the Employment Services 2015-2020 Declaration?

A separate Australian Fair Work Principles form is no longer required to be completed when submitting a tender. Section 6.7.1 of the Request for Tender for Employment Services 2015-2020 provides a list of Acts with which Tenderers need to comply. The Fair Work Act 2009 (Cth) is included in this list.

9.2. Regarding the Audit History pdf form – Question 2.1, as an existing JSA and DES ESS and DMS provider, can you please explain whether the standard DES Monitoring Visits and PIM activities (conducted by the Department of Employment and more recently the Department of Social Services under the DES contract management requirements) constitute an “audit” that should be included in a providers response?

You should include all known DES (DMS and ESS and NPA) audits conducted by the Department of Social Services since September 2013 which is when the DES programme was no longer managed by the Department of Employment. If you are unsure about whether the audits were undertaken before or after September 2013, please include them and note the uncertainty about dates in your response. This includes monitoring and site visits, PIM activities and other known audits. You should not include any audits undertaken by the Department of Employment.

9.3. In regards to the Part C document: Do we need to list full addresses for the locations where we intend to deliver but don't currently have an existing site? Or will it suffice to provide a location, stating that we will source appropriate property upon contract award (seeing as any property we identify at this stage is unlikely to still be available upon contract award).

Tenderers must nominate sites from which they propose to deliver services in an Employment Region or Harvest Area. Where the Tenderer does not have a current site, they must enter the ‘suburb’, ‘state’ and ‘postcode’ of the proposed site and enter ‘TBA’ in the ‘address line’.

9.4. Can you please give clear details of what formatting is acceptable in the tender forms?The RFT details the requirements and allowable characters for file names but not for the documents. The only information is a reference to tables and graphs in 9.1 of the Tender checklist- Are you able to:• Can you use a dash – instead of dot points• Can you use bold- ie for headers• Does the character count include spaces• I’m not clear about how I download a sample response to criterion page, so that I can test the

formatting as I go. Is this possible?

You can check the formatting as you fill out the response proforma contained in the AusTender download. The proforma allows for formatting including dashes and bolding text.

Character counts include spaces and formatting.

The Tenderer Checklist contains information on Form Completion and can be found at http://docs.employment.gov.au/system/files/doc/other/tenderer_checklist_v3.pdf

In the Tenderer Checklist, 9.1 Character Counts in Criteria states:

Word processing software maybe used in drafting your responses to the Criteria. You may then copy and paste your final response into the PDF form provided.


You can also use the character count functionality (if available) of the word processing application you are using. However, if there are inconsistencies with the character counts of the word processing software and the PDF form, the character count in the PDF form will prevail.

The character count of each individual Criterion cannot be exceeded. All characters over and above the character count will not be able to be pasted into the form.

It is important to note that if tables and graphs are included in your response to Criteria, they may not appear in the same format when copied and pasted from word processing software to PDF.

Additionally, Appendix H includes information on completing a submission. The tender proformas need to be completed by Tenderers wishing to conduct Employment Services 2015-2020. The Tenderer should read the entire proforma carefully and complete all of the relevant questions.

Responses must be submitted in the original proforma where supplied.

9.5. Regarding the Financial and Credentials Information form, section 11, New or restructured entities. Would any of the following scenarios require an organisation to provide further information such as business plans under this section?

a. An existing pty ltd. company which has previously been operating with Partnership financials structuring financials in the future as a private company with no change to the shareholding, management structure or service delivery.

b. An existing pty ltd company reducing shareholding by 25% with no change to the remaining 75% shareholding, management structure or service delivery.

In relation to the specific circumstances set out in a. and b. there would be no requirement to provide further information as per Section 11 of the Financial and Credentials Information Form. Please note that with all Financial and Credentials Information Form responses the onus of proof is on the tenderer to satisfy the Department of the financial viability of the tendering entity.

9.6. Noting that, unlike recent Employment Services tenders, tables and graphs are allowable in the Criteria response (see 9.1 Tenderer Checklist) and there are no Attachments allowable can you clarify what types/format of tables and graphs are allowable and whether other files such as the examples below can be embedded into the Criteria response.

Specifically:

i. can we import jpeg. Files into our Criteria response

ii. can we use visual diagrams (such as SmartArt in Word) as exampled below in our Criteria response.

Section 9.1 of the RFT states “It is important to note that if tables and graphs are included in your response to Criteria, they may not appear in the same format when copied and pasted from word processing software to PDF.”

This part of the tenderer checklist is intended to remind tenderers to check the formatting of their response after it has been converted into a PDF file. It is sometimes the case that the transition from a word processed file to a PDF can distort careful formatting.

Having said that, tenderers need to have a clear intent in mind if they choose to include graphs or other non-text objects that are open to interpretation in their response. Tenderers should not rely on non-text inclusions to add information over and above what they have explained in writing.


9.7. With respect to delivering Outreach Services on a ‘as needs basis’ (as defined in Section 7.2.5). Would the Employment Provider complete the following sections of Section 3 of Bidding for business as; Site type as Outreach, Hours of service as ‘as needs basis’ and Frequency of services ‘as need basis’?

This is correct.

9.8. We are currently a NEIS provider who forwards each year a copy of our Financial Reports to DEEWR via our contract manager. On the ‘’Financial and Credentials Information Form’ on page 2 it refers to whether or not we have provided a completed form previously including our financial statements (Option 2 A). Is this the same as what we send as part of our current contract or are they after something different please?

Option 2 can be used in the situation where current financial statements have been provided as part of ongoing monitoring.

Tenderers must also ensure that no other information on the form, including entity details, contact or relevant persons has changed since the previous Financial and Credentials Information form was lodged with the Department. If there have been no changes, and current financial reports have been provided, then option 2.A may be used. If changes have occurred then Option 2.B.2 should be used.

Please note that regardless of which options are selected, Sections 1 and 2 of this form must be completed in full, along with the authorisation on page 11.

Please also note that if you are uncertain if the required information has been previously provided in full to the Department, or if changes have occurred since the previous lodgement, then the form should be completed on the basis that the information has not been previously provided.

9.9. On the form ‘Part B Tender Information’’ it asks in question 1.4 is the Tenderer certified, or working towards certification against one of the Quality Standards as defined in Appendix D of the RFT. Is this requirement only for those organisations tendering as Employment Providers or are those organisations only tendering as a NEIS Provider required to work towards this certification as well.

All providers are required to answer yes or no to question 1.4 in Part B Tender Information. However, in regard to the second part of your question, if you are a NEIS provider only, you are not required to obtain certification against the Department’s Quality Assurance Framework.

9.10. If the answer to question 2 is in the affirmative, if we are a Registered Training Organisation (RTO) and hence governed by the Australian Skills Quality Authority (ASQA) do we need to obtain one of the four (4) certifications listed in Appendix D of the RFT or are we covered by their governance requirements?

The Australian Skills Quality Authority (ASQA) is not one of the Department approved Quality Standards for the Quality Assurance Framework as defined in Appendix D.

9.11. I am writing to seek clarification in regard to the Audit History Form. The following answer did not include a definition of what is considered an audit. As an organisation that receives significant funding from Government sources we are subject to a range of and acquittal, quality and other activities. These activities are not necessarily directly related to correctness of claims but we do not want to omit relevant information in our response nor do we want to provide significant amounts of irrelevant information - can you please clarify what constitutes an audit for the purpose of this tender.


Regarding the Audit History pdf form - Question 2.1, as an existing JSA and DES ESS and DMS provider, can you please explain whether the standard DES Monitoring Visits and PIM activities (conducted by the Department of Employment and more recently the Department of Social Services under the DES contract management requirements) constitute an "audit" that should be included in a providers response?

You should include all known DES (DSS and ESS and NPA) audits conducted by the Department of Social Services since September 2013 which is when the DES programme was no longer managed by the Department of Employment. If you are unsure about whether the audits were undertaken before or after September 2013, please include them and note the uncertainty about dates in your response. This includes monitoring and site visits, PIM activities and other known audits. You should not include any audits undertaken by the Department of Employment.

The Request for Tender states that “All Tenderers must include the details and a summary of results of all audits undertaken by any local/state/federal/overseas government in connection with correctness of claims or adherence to payment related contractual requirements made since January 2012. Tenderers should also include details of any remedial actions undertaken as a result of those audits”.

To further clarify this, if your organisation has been subject to any broad ranging audits of which only part related to payment correctness, you need only include reference to that aspect of each audit – including remedial action. You should also include any other aspects of those same audits that indirectly impact on payment correctness – such as administrative practices or internal controls.

As indicated in the Audit History form, if a Tenderer indicates in response to Question 2.2 that previous Audits related only to Job Services Australia or the New Enterprise Incentive Scheme deeds then no further response is required.

9.12. Our organisation has multiple contracts as a Registered Training Organisation and as a provider of Business Services such as Small Biz Connect, Small Business Advisory Services etc. All of these programs/contracts are subject to informal and formal audits, including regular performance monitoring, desktop auditing etc. Do we need to reference all of these audits in the audit history form? Our RTO has a 5 yearly Australian Skills Quality Authority (ASQA) re-registration audit that does financial checks and may request remedial action. Do we need to reference these audits in this form?

Yes. All relevant audits in connection with correctness of claims or adherence to payment related contractual requirements made since January 2012 need to be referenced – and links provided.

For the smaller, activity specific audits you may include abbreviated commentary and a summary of the issues – in so far as they impact on payment correctness. For the larger audits, you should include more extensive descriptions, comments along with your remedial action.

9.13. With regards to intended site locations, do we need to provide a physical address or can we provide a suburb?

Tenderers must nominate sites which they propose to deliver services in an Employment Region or Harvest Area. Where the Tenderer does not have a current site, they must enter the ‘suburb’, ‘state’ and ‘postcode’ of the proposed site and enter ‘TBA’ in the ‘address line’.

9.14. Can you clarify whether the character limits include or exclude spaces?

Character counts include spaces and formatting.


9.15. Can you clarify whether we can upload attachments?

As indicated in section 7.11 of the RFT, the Department will not accept any attachments with the exception of those documents requested by the Department for security, audit, Probity and financial investigations.

9.16. Similarly with regards to the office address is it sufficient to advise a suburb with premises being negotiated if successful?

Yes, as per section 7.3.5 of the RFT tenderers must nominate a permanent site from which they propose to deliver services in an Employment Region, it is sufficient to nominate a suburb for the office address until the outcome of the tender is announced, at which time a street address will be required within the suburb(s) cited in your tender response.

9.17. We are developing our tender response in a regional centre. The CEO and Directors of the company are in Perth. Given that the tender document do not allow saving, does it have to be completed at the actual time of lodgement?

Can we complete the Part A with the CEO or Chairpersons agreement, using their name and agreement to the conditions if the person has read the document and agrees with the conditions but is not actually present at the lodgement of the documents?

The Department identified an issue with the saving of the Tender Application Forms. These issues were corrected in Addendum 2. New Tender Application Forms are attached to Addendum 2 which is available from AusTender. Tenderers must use the forms included as part of Addendum and not the forms downloaded from AusTender as part of the original Request for Tender pack.

The Tender Declaration is to be completed by an authorised representative of the Tenderer. However, the authorised representative is not required to be present during the uploading of the tender documentation.

9.18. If there are no applicable audits to report, are we still required to submit the Audit History form, with Members name and stating there are no applicable audits.

If an Audit History form is to be submitted, should it be included with the Organisation files when uploading?

If a Tenderer has not been subject to any audits by any local/state/federal/overseas government in connection with correctness of claims or adherence to payment related contractual requirements made since January 2012, the Tenderer is not required to submit the Audit History form. If a Tenderer does not submit an Audit History form, the Department will determine that the Tenderer has no relevant audit history to advise, given the Tenderer’s declarations (Form Part A) that it understands that giving false or misleading information to the Commonwealth is a serious offence under Section 137.1 of the Schedule to the Criminal Code Act 1995 (Cth).

If the Audit History form is to be submitted; Tenderers should include the file in the Organisation Files when zipping. Tenderer’s should also include:

Organisation Files. This zip package should include the following fileso Part A - Tender Declarationo Part B - Tender Informationo Part D - Governance Criteriono Financials and Credentials Information Form(s)o Subcontractor Credentials Information Form(s)



9.19. Can you please advise the naming convention for the Audit History document and confirm this should be zipped under the Organisation Files? (The Audit History document was omitted from the Tenderer Checklist).

Yes, if the Audit History form is to be submitted; Tenderers should include the file, naming it ‘Audit History – your tenderer name ’, in the Organisation Files when zipping. Tenderers should also include:

• Organisation Files. This zip package should include the following fileso Part A - Tender Declarationo Part B - Tender Informationo Part D - Governance Criteriono Financials and Credentials Information Form(s)o Subcontractor Credentials Information Form(s)


9.20. The number and type (eg full-time, part-time or outreach) of sites that a Tenderer proposes may be different, depending on business share it might be awarded. How does a Tenderer articulate its proposed sites that are conditional on certain business shares?

To allow Tenderers to clearly articulate any minimum business share for particular Sites and / or where the type of Site proposed may differ according to business share, and to reduce the need to outline such arrangements within the criterion response, the Department has provided (through Addendum 8) a new form – Part C (i) (a) Bidding for Business Employment Provider Site Conditionality.

Tenderers need not complete this form. However, where a Tenderer does not submit Form Part C (i) (a), the Department will consider that the Tenderer would provide all nominated sites for its minimum business share bid.

The new form allows Tenderers to clearly articulate any minimum business they would require to operate particular Sites (ie Site conditionality) and to reduce the need to outline such arrangements within the criterion response.

To assist Tenderers with completing the form, the following example is provided. It should be noted that this example is provided only to explain how to complete the form. Tenderers should not treat the example as providing advice, guidance or indicating any preference on how to structure their Tender bid, or arrangements for Sites.

Example of completing Part C(i) – Bidding for Business Employment Provider Site Conditionality

An organisation is submitting a tender for Employment Providers in the XXX Employment Region and is proposing different Site coverage depending on the level of business it obtains in that Employment Region. The organisation is bidding for a minimum of 15 per cent of business and a maximum of 50 per cent of business in the Employment Region.

The organisation has determined that, for between 30 per cent and 50 per cent (or 30 per cent or more) of business, it would provide three Sites, two full-time (Sites 1, AAA and Site 2, BBB) and one part-time (Site 3, CCC).

For 15 per cent to 29 per cent of business, it is proposing to have one full-time Site (Site 1, AAA) and one part-time Site (Site 2, BBB).

The Site conditionality part of the Part C(i) form would be completed as follows:


9.21. The audit history form looks like it only allows only 1 audit to be included in the form. Should we be filling in separate forms for separate audit dates and Departments?

Yes, this is correct.

9.22. We are tendering for NEIS business as a consortium. The RFT outlines that 'each member of the tendering group must confirm the authority of the lead member in writing'. Can you please advise of the mechanism/format for doing so.

The lead member of a tendering group is nominated in the Financial Viability form. If subsequently required by the Department, each member of the tendering group must confirm the authority of the lead member in writing. The Department does not require Tenderers to submit this confirmation at the time of lodging their tender response.

9.23. Are all Tenderers required to submit an Audit History Form(s)? The checklist for NEIS tender lodgements does not make any reference to this attachment. Does this include any audits under state and federal Government funded programs and licencing (ie ASQA, state training funding etc). Please provide details of the parameters for this.

If a Tenderer has not been subject to any audits by any local/state/federal/overseas government in connection with correctness of claims or adherence to payment related contractual requirements made since January 2012, the Tenderer is not required to submit the Audit History form. If a Tenderer does not submit an Audit History form, the Department will determine that the Tenderer has no relevant audit history to advise, given the Tenderer’s declarations (Form Part A) that it understands that giving false or misleading information to the Commonwealth is a serious offence under Section 137.1 of the Schedule to the Criminal Code Act 1995 (Cth).

If the Audit History form is to be submitted; Tenderers should include the file in the Organisation Files when zipping. Tenderer’s should also include the following files;

Part A - Tender Declaration Part B - Tender Information Part D - Governance Criterion Financials and Credentials Information Form(s) Subcontractor Credentials Information Form(s)


The details of any relevant audit should include the Member’s legal name, and should be completed for all Members of a tendering group where applicable.


For audits where the audited entity does not have the same name as the Legal Entity as displayed at the top of the Audit History form, please indicate the name of the audited entity within the ‘Findings’ field.

9.24. Does the Department have a standard font the forms must be completed using?

The forms have been developed using the Calibri font. However, in completing the forms you can use any other font as long as it is legible and not a foreign type face. The department recommends using typefaces that are standard in Microsoft Word to ensure compatibility across systems.

9.25. In the Tender request checklist for Employment services it states - “DO NOT submit scanned or hard copy versions of any of the forms. The original file format is required to automatically extract information from these forms.” Does this only refer to the forms supplied in PDF? Should other documents can these be scanned as some require signatures e.g. Financial information credentials, RTO certificate and financial audit reports.

The checklist is referring to the proformas that have been downloaded from AusTender. Other supporting documentation may be scanned for signatory purposes.

Following is a list of proformas that must be uploaded in their original file format:

Audit History.pdf

Financial and Credentials Information.xls

Part A – Tender Declaration.pdf

Part B – Tender Information.pdf

Part C (i) – Bidding for Business Employment Provider.pdf

Part C (i) a – Bidding for Business Employment Provider Site Condition

Part C (ii) – Bidding for Business Work for the Dole Coordinator.pdf

Part C (iii) Bidding for Business NEIS.pdf

Part C (iv) Bidding for Business HLS.pdf

Part C (v) Bidding for Business NHLIS.pdf

Par D – Criterion 1 – Governance.pdf

Part E (i) – Criteria 3 and 4 Employment Provider – Organisation level.pdf

Part E (ii) – Criteria 2 3 and 4 Employment Provider – Region level.pdf

Part F (i) – Criteria 3 and 4 Work for the Dole Coordinator – Organisation level.pdf

Part F (ii) – Criteria 2 3 and 4 Work for the Dole Coordinator – Region level.pdf

Part G (i) – Criteria 2 and 3 NEIS – Organisation level.pdf

Part G (ii) – Criteria 4 NEIS – Region level.pdf

Part H – Criteria 2 3 and 4 Harvest Labour Services.pdf

Part I – Criteria 2 3 4 and 5 National Harvest Labour Information Services.pdf

Subcontractors Credentials Information From.xls

9.26. If we have more than 1 audit history form, can you please advise what is naming convention for the Audit History document?‘Audit History – your tenderer name ’‘Audit History – your tenderer name 1 ’?; ‘Audit History – your tenderer name 2 ’?


Yes, Audit files should follow the naming convention.

Audit History - Your Tenderer Name – Form number (in pdf format)

Where a number of Audit History forms are to be submitted, Tenderers should insert a sequential form number as a suffix to each file name.

9.27. If two entities are planning to create a Joint Venture that is a new entity, what are the requirements for submitting Business Plans as described in Section 11 of the Financial Credentials Form? Are these details required at time of submission or by 16th January 2015 as described in Section 6.4.3?

Please note that with all Financial and Credentials Information Form responses the onus of proof is on the tenderer to satisfy the Department of the financial viability of the tendering entity. It is recommended that, as per Section 11 of the Financial Viability and Credentials Information Form, if you are not able to provide a business plan then financial records for all constituent entities and evidence of the contribution to be made by the constituent entities to the new entity should be provided.

9.28. My question is in relation to how to correctly complete the Part C (i) (a) Form titled “Bidding for Business – Employment Provider Site Conditionality “Detailed within the “Questions and Answers” Document (top of Page 44), there is an example of how the form can be completed correctly:The Site conditionality part of the Part C(i) form would be completed as follows:

As an organisation, for a Region we are indicating a “Preferred Minimum” at 10% to a maximum of 25% for 9 sites (all of which will be Full-Time). We are proposing to submit a Site Conditionality, with a bid range from 12.5% to a maximum of 25% for 10 sites (same 9 sites as for 10% plus one additional site for 12.5% - all of which would be Full-Time)Based on the example table detailed above, Site 1 has not changed for the Business Share Level from 15 to 30. Does this then mean we need to detail all sites (total of 9) for the business Share Level of 10%, then detail the same 9 again plus the additional site (total of 10) for the Business Share of 12.5%?

The Department recommends that all ten sites be listed in the Part C (i) - Bidding for Business Employment Provider proforma. Part C (i) (a) - Bidding for Business Employment Provider Site Conditionality should only be completed for sites which the tenderer would offer conditional to the minimum business share being awarded.

Using the original example:

As an organisation, for a Region we are indicating a “Preferred Minimum” at 10% to a maximum of 25% for 9 sites (all of which will be Full-Time).

We are proposing to submit a Site Conditionality, with a bid range from 12.5% to a maximum of 25% for 10 sites (same 9 sites as for 10% plus one additional site for 12.5% - all of which would be Full-Time)


In this instance, the Tenderer should only complete Part C (i) (a) - Bidding for Business Employment Provider Site Conditionality for the site that the tenderer is offering should it be awarded a minimum level of business share of 12.5%. There is no requirement to list down all 10 sites in this proforma.

9.29. Are we required to provide annual financial statements for programs funded by the Government? These are conducted by third party financial auditors and not related to compliance audits, just conditions of funding to ensure moneys were spent as per the funding arrangement. The RFT states not to but I would like to be clear.

As per Section 6.8.2 annual financial statements are not required for the purposes of verifying your entities audit history. Annual financial statements however are required to be provided with the Financial Viability and Credentials Information form as part of the tender documentation to be submitted.

In addition, if your entity is successful in this tender, a copy of your entities financial statements may be requested on an annual basis.

9.30. I am seeking clarification on the use of the Audit History Form. Is the Department seeking information on all audits, PIM and other related activities in connection with the correctness of claims even if the claims were verified as correct by the auditing organisation after further documentary evidence was supplied i.e. Department of Social Services (DSS) conducted Payment Integrity Monitoring and asked for documentary evidence to support a number of claims. The documentary evidence was supplied and DSS verified that all claims were made in accordance with the Deed. Would the Department of Employment require this information to be included in the audit form?

You should include all audit results relating to the correctness of claims. This includes all known DES (DSS and ESS and NPA) audits conducted by the Department of Social Services since September 2013 which is when the DES programme was no longer managed by the Department of Employment.

If you are unsure about whether the audits were undertaken before or after September 2012, please include them and note the uncertainty about dates in your response.

This includes monitoring and site visits, PIM activities and other known audits.

Audits that were shown to have 100% of claims deemed as valid should be included, as these results will assist us in the assessment process – and will support your tender application.

You should not include any audits undertaken by the Department of Employment.

9.31. When submitting two or more audit forms, what is the file naming convention to be used?

When submitting two or more audit forms, you are free to name them how you deem most appropriate. Please ensure however, that they are clearly delineated with all references to their findings, recommendations, remedial action etc. are all easily identifiable to a specific audit, or group of audits.

9.32. We are completing ‘Part C i a Bidding for Business Employment Provider Site Condition 2’.We are proposing 8 sites in total. Of the 8, there are 2 sites which may be full-time if 30% business share is achieved, or part-time if less than 30% is achieved. Do we need to list all sites, to show the two scenarios? Or is it sufficient to only include the two sites which are conditional?

The Department recommends that all eight sites be listed in the Part C (i) - Bidding for Business Employment Provider proforma. Part C (i) (a) - Bidding for Business Employment Provider Site Conditionality should only be completed for sites, which the tenderer would offer conditional to the minimum business share being awarded.

Using the original example:


We are proposing 8 sites in total. Of the 8, there are 2 sites which may be full-time if 30% business share is achieved, or part-time if less than 30% is achieved.

In this instance, the Tenderer should only complete Part C (i) (a) - Bidding for Business Employment Provider Site Conditionality for the two sites that the tenderer is offering where the Site Type is upgraded to full-time should it be awarded a minimum level of business share of 30%. There is no requirement to list down all eight sites in this proforma.

9.33. I am bidding to provide services in ES2015-20 and will have part of some Services delivered through Subcontract arrangements. In addition to completion/ lodgement of the Subcontractors Credentials Information Form, is the requirement for Subcontractors to provide details and summary of results of all audits as outlined in para 6.8.2 of the RFT?

Subcontractors are considered by the Department to be subservient to the tenderer, unable to influence the tender submission and potentially unaware of the content of a tender response. Therefore, you are not required to provide their audit history.

However, the Request for Tender document requires you to provide the audit history information for “your organisation or Tendering Group”. If a current sub-contractor is elevated to be a member of your tendering group, you should provide information about their audit history.

9.34. Further to the Answer provided to Question 9.20 concerning Site Conditionality and business share awarded, should Tenderers for NEIS also submit Form Part (C)(i) in accordance with the guidance provided if their nominated sites and / or hours of services will vary depending on business share awarded? Form Part (C) (i) appears to be specific to Employment Providers only.

Only Tenderers applying for Employment Provider Services need to complete Part C(i). NEIS providers are required to complete Part C(iii) along with all other applicable forms indicated in the Tenderer Checklist.

Conditionality for NEIS is at Employment Region level. See Section 7.7 of the Request for Tender for more information about Conditionality.

9.35. Site bids - there has previously been an ability to set a minimum number of business or site levels. That doesn’t seem to be in this tender, will there be this ability?One hundred per cent of business is available through the Request for Tender process in each Employment Region. For each Employment Region, Tenderers should bid for their preferred business level in the Employment Region as a percentage range (refer section 7.2.2 Bid Ranges of the RFT).

Tenderers may wish to tailor the sites that they commit to opening dependent upon the market share awarded to them. Addenda #8 provides an easy means for Tenderers who wish to specify sites conditional on market share to do so.

9.36. Are Tenderers able to bid to offer services for varying market shares at different sites?Section 7.2, page 128 provides information about the range of bidding options available to Tenderers. Refer also to addenda #8 for an easy means of specifying sites that bidders wish to make conditional on market share awarded.

9.37. Are monitoring visits classified as audit activities, taking into consideration that providers of the Disability Employment Services (DES) program will continue to undergo site monitoring visits?As DES is administered by the Department of Social Services, DES providers should include all known DES (DMS and ESS and NPA) audits in connection with claims or adherence to payment contractual


requirement since January 2012. If you are unsure about whether the audits were undertaken before or after January 2012, please include them and note the uncertainty about dates in your response.

9.38. In relation to the audit requirements, if tendering as a group, will all entities be required to provide this information?Yes.

9.39. In terms of the audit information, does it relate to related entities, for instance skills arms or overseas related entities?Yes – Though for audits where the audited entity does not have the same name as the Legal Entity as displayed at the top of the Audit History form, please indicate the name of the audited entity within the ‘Findings’ field.

9.40. In relation to audit history, are these requirements limited to employment service providers and NEIS providers or will DES providers also be included in this consideration?The requirements listed under 6.8.2 relate to all Tenderers. Tenderers should supply information in respect of all parties included as part of the tender bid. As indicated in the Audit History form, if a Tenderer indicates in response to Question 2.2 that previous Audits related only to Job Services Australia or the New Enterprise Incentive Scheme deeds, then no further response is required. Tenderers which are current Disability Employment Services (DES) providers must supply information in regard to their DES audit history in connection with claims or adherence to payment contractual requirement, as the Department of Employment no longer has responsibility for that programme.

9.41. On the Financial and Credentials Information Form (Excel Spreadsheet), Page 6, Section 13: We are nominating the personal assets of an individual in consideration for contingency/additional funding, and have hence completed Attachment 1 (Personal Balance Sheet' and written 'As per Attachment 1' in the description of funding. Do we also need to provide evidence to support the Personal Balance Sheet? - if so, what evidence is accepted, in what format and with what naming convention?

When completing personal balance sheets it is suggested that some supporting evidence of assets quoted are provided to support this. For example rates notices could be provided for property assets or copies of bank statements showing a final balance. All supporting documentation should show the name and address of the individual and be dated either recently for bank statement or within the last 12 months for rates notices and preferably provided in a PDF format. Any personal transactional information may be deleted or blanked out on these documents as this information is not required by the Department. Please note that with all Financial and Credentials Information Form responses the onus of proof is on the Tenderer to satisfy the Department of the financial viability of the tendering entity.

9.42. Question 2 of the Audit History form downloaded from AusTender asks Tenderers to identify whether their organisation or Tendering Group has been subject to any audits by any local/state/federal/overseas government in connection with correctness of claims or adherence to payment related contractual requirements made since January 2012. If ‘Yes’, the Tenderer is directed to Question 2.2, if ‘No’, the form states that no further response is required.


2.2 asks if these Audits only related to Job Services Australia and New Enterprise Incentive Scheme deeds?If ‘Yes’ – no further response is required, if ‘No’ the Tenderer is directed to complete the Audit History proforma.However, there are no tick boxes on the form that allow Tenderers to confirm that they have been subject to the audits or that they related to Job Services Australia and New Enterprise Incentive Scheme deeds. How do Tenderers provide responses that make it clear they are not required to complete the Audit History proforma?Please see question 9.18 of the published Q and As, which advises, in part, that Tenderers that have no relevant audit history to advise are not required to submit the Audit History form.

If a Tenderer wishes to submit an Audit History form, with confirmation that there is no relevant history to advise, they can choose to enter ‘N/A’, or provide a comment to the effect that they are not required to submit a response, in the ‘Findings as they relate to your organisation’ field in the Audit History proforma.

10. Maps of Employment Regions10.1. Further to the release of LMIP Data for ES2015-20, can you please advise if data will be made available to determine:• Job Seeker caseload by Postcode (or similar) per Region• Duration of Job Seeker UnemploymentThe former will assist with determining business models/site placement to ensure effective Region coverage.

Programme data relevant to the Request for Tender for Employment Services 2015-2020 was published on the Labour Market Information Portal (LMIP) at 2:00 PM (AEDT) on Wednesday 8 October 2014. In addition, Job Services Australia caseload numbers, as at 30 June 2014, at the Australian Bureau of Statistics Level 2 regions were made available on the LMIP at 2:00 PM (AEDT) on Monday 13 October. There is no intention for any further data to be released.

10.2. I am seeking clarification on which Region the suburb Flemington / Newmarket / Kensington is in Victoria. Would it be Inner Metro or North Western?

On the Labour Market Information Portal the Department has published a mapping tool which allows the Employment Regions to be viewed in Google Maps. Please select the link to Google Maps Engine from the following page: http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/DigitalMappingFiles

Once the map is displayed, enter the suburb of interest into the search bar at the top of the screen. The map will then zoom in to the selected suburb.

Clicking on the left mouse button over a point on the map will display the Employment Region that the point falls within. In the case of Flemington / Newmarket / Kensington, this shows that they fall within the Employment Region of Inner Metropolitan Melbourne (see screen shot below).

The Department will investigate whether suburb boundaries can be made available in the Google Maps Engine tool on LMIP, to make it easier to see whether suburbs are split across Employment Regions.


10.3. Will the Brisbane suburb Indooroopilly fall into the ER of Somerset or Wivenhoe?

On the Labour Market Information Portal (LMIP) the Department has published a mapping tool which allows the Employment Regions to be viewed in Google Maps. Please select the link to Google Maps Engine from the following page: http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/DigitalMappingFiles

Once the map is displayed, enter the suburb of interest into the search bar at the top of the screen. The map will then zoom in to the selected suburb.

Clicking on the left mouse button over a point on the map will display the Employment Region that the point falls within. In the case of Indooroopilly, this shows that it falls within the Employment Region of Wivenhoe (see screen shot below).

The Department will investigate whether suburb boundaries can be made available in the Google Maps Engine tool on LMIP, to make it easier to see whether suburbs are split across Employment Regions.

10.4. Can you advise the correct application/program to be able to open the maps on LMIP site, http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/WesternAustralia?

The map file at the link above is in .docx format, and was created using Microsoft Word 2010. Please advise the Department of any difficulties in opening this file.

An alternative way of viewing the maps of the Employment Region boundaries is through the Google Maps Engine tool at: http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/DigitalMappingFiles

The digital mapping files in .dat format published on LMIP require desktop GIS mapping software such as Mapinfo or ESRI.

10.5. Will specific postcode information be provided for each Employment Region to assist tenderers understand coverage?

To assist prospective tenders in understanding the relationship between Employment Regions and other geographic units, the Department has published a range of correspondence files on the Labour Market Information Portal, including for postcodes and suburbs. The correspondence files can be found at: http://lmip.gov.au/default.aspx?LMIP/EmploymentServicesTender/CorrespondenceFiles

10.6. Re: Adelaide South employment region, only Kangaroo Island is classified as regional, is that going to change?

No, the main labour market in Adelaide South is metropolitan.

10.7. While the RFT information provides estimated details of the stock of Job Seekers at the beginning of the new program and the Streams they will flow into, is the Department able to provide the assumed Job Seeker flows into each stream over the first 3 years of the contract (i.e. 2015-2018) to assist providers to make financial predictions in relation to business.

Can the department also provide estimates in respect to the number of Job Seekers that will exit Stream A services before 3 months in service?

Programme data relevant to the Request for Tender for Employment Services 2015-2020 was published on the Labour Market Information Portal (LMIP) on Wednesday 8 October and Monday 13 October 2014.


There is no intention for any further data to be released.

10.8. In relation to the information provided on the Labour Market Information Portal (LMIP), stock and flow spreadsheets are provided on caseloads and referrals on projections for Streams A, B and C. In the RFT documentation, this is 55,000, 18,000 and 17,000 according to each stream respectively and this is presented as a prediction relevant at the start of the contract. Are there any considerations made to how these numbers will change through the life of the contract?

The data packs published on the Labour Market Information Portal include information on the stock and flow counts of Job Seekers on the Job Services Australia caseload each month over the period July 2012 to June 2014. The counts are actual numbers of Job Seekers on the caseload, they are not projections. The information has been provided as a guide to allow potential tenderers to exercise their own expertise/judgement or that of a professional, to make decisions in relation to the submission of a tender. No further data will be released.

10.9. The Employment Regions, detail seems vague as it does not outline towns. On what basis was the Employment Regions determined?

See Appendix F (page 213) of the Request for Tender document, which states that where possible, the Employment Region boundaries adhere to Australian Bureau of Statistics (ABS) boundaries, and in most cases Statistical Area Level 4 (SA4) boundaries, to enable better monitoring of labour market conditions within each Employment Region. The ABS publishes labour market information for SA4s each month from its Labour Force Survey.

Please see the Department’s response to question 00102 for information on which towns/suburbs/postcodes are included in each Employment Region.

11. Technical Questions11.1. The Exposure Draft discussed a requirement for providers to have free Wi-Fi in the Employment Providers’ office however the RFT does not appear to address this. Will Employment Providers still be expected to provide free Wi-Fi in their offices?

Yes, Employment Provider are required to provide free Wi-Fi in their offices. In addition to the Deed this requirement is referenced in the RFT under Section 2.9.8 “Servicing Through Improved IT”.

11.2. Please provide an update on the software for Employment Service delivery and what contingencies are in place if the IT system is not ready by the commencement of the program?

There is a presentation on Employment Services 2015 IT on the Department of Employment’s website, http://employment.gov.au/employment. . The Department is confident on delivery. Contingency planning is a requirement of the Department’s IT governance and the contingency plan will be made available to providers closer to the implementation date.

11.3. We are Cyber Security specialists and have been contacted by several respondent’s to the above RFT. Should they be successful they may be seeking our security advice and compliance services.

We need to clarify security assessment requirements - Section 5.6 System Accreditation stating that they need to build systems to ISM and ISO standards.

We wanted to confirm what assessment requirements were specifically being sought:

1. IRAP Assessment and certification of the system


2. ISO 27001 Certification (we advise that ISO 27005 and 27002:2006 Guidelines cannot be certified against - only ISO 27001)

3. both

Our initial thinking was that the Department was seeking IRAP Assessment and ISO “Compliance” (rather than actual certification - as this would add significant cost and time)

Is this correct?

The Third Party IT Provider Deed is currently an exposure draft and we are taking feedback to 23 October. This deed has a relationship to the External Security Policy to which you refer. There is a need to ensure the two are in complete alignment with regards to the security assessment components. We will take on-board feedback from industry specialists before finalising the security assessment and certification requirements.

11.4. What browser and screen resolution will the Department use for the 2015 IT build?

The Department will keep using and supporting Microsoft Internet Explorer 8 through to 1 July 2015. The ES 2015 build will be fully tested on Internet Explorer 11, and we will perform confidence testing on the current Chrome, Firefox and Safari versions.

Based on 24” monitors, 1920 x 1080 is the recommended resolution setting.

11.5. We are seeking clarification on whether a providers internally developed IT systems are considered Third Party IT Systems and therefore governed by the ISM, ASD and ISO Standards as outlined in the Third Party IT Provider Draft Deed?

Internally developed systems that interface to the systems provided by the Department are considered Third Party IT Systems and therefore governed by the ISM, ASD and ISO Standards as outlined in the Third Party IT Provider Draft Deed.

Providers who have internal IT systems will need to sign the Third Party IT Provider Deed as well as the Employment Services Deed and will need to ensure their systems comply with the relevant standards.

Further information on the use of Third Party IT Systems is included at Section 8.4 of the Request for Tender for Employment Services 2015-2020.


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