EXPOSURE DRAFT
for employment services 2015-2020 purchasing arrangements
This is an Exposure Draft onlyDo not lodge tenders at this time
Commonwealth of Australia 2014
This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this Notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.
GENERAL INFORMATION AND INDICATIVE TIMELINE
28 July 2014 / Release of the Exposure Draft
30 July 2014 / Exposure Draft Information Sessions
· Melbourne – 9.30 am to 12.30 pm
· Melbourne – 1.30 pm to 4.30 pm
31 July 2014 / Exposure Draft Information Sessions
· Bendigo – 9.30 am to 12.30 pm
· Brisbane – 9.30 am to 12.30 pm
· Brisbane – 1.30 pm to 4.30 pm
· Adelaide – 9.30 am to 12.30 pm
· Sydney – 9.30 am to 12.30 pm
· Sydney – 1.30 pm to 4.30 pm
1 August 2014 / Exposure Draft Information Sessions
· Canberra – 9.00 am to 12.00 noon
· Cairns – 9.30 am to 12.30 pm
· Perth – 9.30 am to 12.30 pm
· Coffs Harbour – 9.30 am to 12.30 pm
4 August 2014 / Exposure Draft Information Sessions
· Hobart – 1.30 pm to 4.30 pm
· Wagga Wagga – 9.30 am to 12.30 pm
· Canberra – 9.30 am to 12.30 pm (via webinar)
5 August 2014 / Exposure Draft Information Sessions
· Northern Territory – 1.30 pm to 4.30 pm (viavideoconferencing)
25 August 2014 / Closing date for comments on the Exposure Draft
Late September 2014 / Release of the Employment Services 2015-2020 Request for Tender
The Department of Employment (the Department) has released this Exposure Draft of a proposed Request for Tender for Employment Services 2015-2020 for the purpose of informing stakeholders.
Do not lodge a tender in response to this Exposure Draft.
This document should be considered together with other information, including:
· information made available on the Employment Services Purchasing website
· labour market data, which provides historical information that can assist Tenderers to understand the employment service environment at the localities in which they may wish to bid—labour market information is available at the Department’s Labour Market Information Portal (lmip.gov.au).
Organisations wishing to tender for Employment Services 2015-2020 will be required to register with AusTender to access all Request for Tender documentation. Registration will be available through the AusTender (www.tenders.gov.au) website. It will be a requirement of the Request for Tender that tenders must be lodged through AusTender.
This is an Exposure Draft only—do not lodge a tender at this time.
Comments and feedback on the Exposure Draft
The Department welcomes comments and feedback on this Exposure Draft. Any feedback or comments should be made before 5.00 pm (Canberra time) Monday 18 August 2014 by email to the Employment Services Purchasing Hotline ().If feedback or comments are received after 5.00 pm (Canberra time) Monday 18 August 2014, the Department may not consider the feedback or comments.
The Department will conduct Information Sessions regarding this Exposure Draft in capital cities and selected regional centres across Australia. Details of these sessions are available on the Employment Services Purchasing website or through the Employment Services Purchasing Hotline.
The Hotline is the primary means of contact during the Exposure Draft period and can be contacted on 1300733514 (Monday to Friday, 9.00am to 5.00pm Canberra time, excluding ACT and national public holidays) or via email to the Employment Services Purchasing Hotline ().
The Department will provide a response to a request for clarification or a question as soon as practicable. The Department may provide answers to all Tenderers without identifying the source of the question or clarification by posting such information on the Employment Services Procurement Information website.
A person or organisation providing any feedback or comments in relation to the Exposure Draft, or otherwise having access to the Exposure Draft, will be taken to have agreed to, or to have acknowledged that:
· The Department may use, modify, take into account, retain and copy feedback or comments for purposes related to Employment Services 2015-2020. The Department may publish feedback or comments, but will respect a respondent’s request to not publish information that the respondent has specifically identified as being confidential. Notwithstanding the last sentence, the Department will disclose any feedback or comments received in response to the Exposure Draft where required or authorised to do so by law, or by a Minister or parliamentary body.
· An organisation is responsible for its costs and expenses incurred in responding to the Exposure Draft if it chooses to provide feedback or comments on it.
· Any response in relation to the Exposure Draft confers no right, advantage or benefit in any future tender process, grant administration or procurement of services of the kind referred to in the Exposure Draft.
The material comprising the Exposure Draft must be used only for the purpose of providing feedback or comments in response to the Exposure Draft.
Exposure Draft disclaimer
This document is an Exposure Draft of a proposed Request for Tender for Employment Services2015-2020. The Exposure Draft is produced for the information of stakeholders and potential Tenderers. The purpose of this document is to describe the proposed purchasing arrangements and Statement of Requirements in order to obtain comments and feedback that will inform the Request for Tender and process for funding Employment Services 2015-2020.
The information in the Exposure Draft is subject to change and should not be relied upon as the basis for any decision to take action, or not take action, on any matter that it covers, especially in relation to the preparation of a tender.
Note: This is an Exposure Draft only. Tenderers should not submit tenders in response to the Exposure Draft. Any tenders submitted to the Department based on the Exposure Draft will not be accepted or considered by the Department. All Tenderers should prepare their tender responses on the basis of the Request for Tender that will be released by the Department at a later date.
The Exposure Draft is circulated under the following conditions:
· it is still a working document
· the Department may, at its discretion, adopt all, some or none of the comments or suggestions provided in response to the Exposure Draft and may vary requirements or terms contained in the Exposure Draft when drafting the Request for Tender.
Although certain information is contained in the Exposure Draft, Tenderers must make their own independent assessments and investigations about the subject matter of the Exposure Draft and seek the advice of business advisers if necessary, noting that the Request for Tender that will be released by the Department at a later date may differ from the Exposure Draft.
To the maximum extent permitted by law, the Government and all persons acting for the Government in preparing the Exposure Draft disclaim all responsibility and liability to any person arising directly or indirectly from any person taking, or not taking, action based upon the information in the Exposure Draft.
The Government, its employees, consultants and contractors do not make any representations or warranties as to the accuracy, reliability or completeness of the information in the Exposure Draft, and do not accept any liability arising from this information or any activity associated with it.
In the Exposure Draft, unless the contrary intention appears:
· all payment amounts are GST inclusive
· all capitalised terms have the meanings given to them in the list of Definitions in Appendix A.
TABLE OF CONTENTS
CHAPTER 1 OVERVIEW 1
1.1. INTRODUCTION 2
1.2. Employment providerS 2
1.2.1. Work for the Dole Coordinators 4
1.2.2. New Enterprise Incentive Scheme (NEIS) Providers 4
1.2.3. Harvest Labour Services 5
1.2.4. National Harvest Labour Information Service 5
1.3. FREEDOM OF INFORMATION 5
CHAPTER 2 STATEMENT OF REQUIREMENTS – EMPLOYMENT PROVIDER SERVICES 6
2.1. Introduction 7
2.2. OBJECTIVE OF EMPLOYMENT SERVICES 7
2.3. OVERVIEW OF EMPLOYMENT SERVICES 7
2.4. OUTLINE OF EMPLOYMENT PROVIDER SERVICES 8
2.5. 2014-2015 INITIATIVES 9
2.5.1. Stronger Participation Incentives for Job Seekers under 30 9
2.5.2. Restart Wage Subsidy 10
2.5.3. The Relocation Assistance to Take Up a Job Programme 10
2.5.4. The Job Commitment Bonus 11
2.5.5. The Tasmanian Jobs Programme 11
2.5.6. Work for the Dole 11
2.5.7. Support Services and Mutual Obligation Arrangements for Illegal Maritime Arrivals 11
2.6. WHO MAY RECEIVE SERVICES? 12
2.6.1. Volunteers 12
2.6.2. When is a Job Seeker in service? 13
2.7. HOW DO JOB SEEKERS CONNECT TO SERVICES? 13
2.7.1. Job Seeker choice 14
2.7.2. Allocation if no choice made 14
2.7.3. Changing Employment Providers 14
2.7.4. What happens to Payments when Job Seekers transfer between Employment Providers? 15
2.7.5. Maximum time with Employment Provider 15
2.8. HOW IS THE SERVICE STREAM DETERMINED? 16
2.9. EMPLOYMENT PROVIDER SERVICES 16
2.9.1. Flexible servicing arrangements 17
2.9.2. Common elements across Streams 18
2.9.3. Moving across Streams 20
2.9.4. Initial contact 20
2.9.5. Job Plan 21
2.9.6. Job Search requirements 22
2.9.7. Employment Fund 22
2.9.8. Servicing through improved IT 23
2.9.9. Additional tools 24
2.9.10. Relocation Assistance 26
2.9.11. Job Commitment Bonus 26
2.10. MUTUAL OBLIGATION REQUIREMENTS 26
2.10.1. Job Seeker Requirements 26
2.10.2. Participation 27
2.10.3. The annual Work for the Dole requirement 27
2.10.4. Transition 34
2.11. WORK FOR THE DOLE 34
2.11.1. Introduction 34
2.11.2. Training and Work for the Dole 34
2.11.3. Work for the Dole Coordinators 35
2.11.4. Role of Employment Providers 35
2.11.5. Work for the Dole activities 36
2.11.6. Types of places/activities 37
2.11.7. Unpaid Work Experience 37
2.11.8. Payments for Work for the Dole 38
2.12. Job Seekers who meet employer needs 38
2.13. WORKING WITH OTHER STAKEHOLDERS 39
2.14. OVERVIEW OF THE JOB SEEKER COMPLIANCE FRAMEWORK 39
2.14.1. Special arrangements for under 30 year olds during a payment waiting period 39
2.14.2. Arrangements for Job Seekers in all other circumstances 40
2.14.3. Failure to attend an appointment with an Employment Provider 40
2.14.4. Failure to participate in an activity or attend a job interview 41
2.14.5. Job search failures 41
2.14.6. Failure to enter a Job Plan 41
2.14.7. Comprehensive Compliance Assessment 41
2.14.8. Eight week non-payment penalties for persistent and wilful non-compliance or
employment-related failures 42
2.15. PAYMENTS TO PROVIDERS 42
2.15.1. Regional Loading 42
2.15.2. Fees 43
2.15.3. Outcome Payments 44
2.15.4. Education Outcomes 44
2.15.5. Verification 44
2.15.6. Non Payable Outcomes 46
2.15.7. Mid-Deed price adjustment 47
2.16. PERFORMANCE FRAMEWORK 47
2.16.1. Measurement of efficiency and effectiveness 47
2.16.2. Quality Assurance Framework 47
2.16.3. Deed compliance 48
2.16.4. Performance Measures 48
2.16.5. Business Reallocation 49
2.16.6. Service Guarantees 50
2.16.7. Compliance with the Service Guarantees 50
2.16.8. Joint Charter of Deed Management between the Department and Employment Providers 50
2.17. ARRANGEMENTS FOR TRANSITION TO the Employment Services 2015 MODEL 51
2.17.1. Transition objectives 51
2.17.2. Job Seeker movements 51
2.17.3. Closure of the Employment Pathway Fund 54
2.17.4. Transition Employment Fund credits 55
2.17.5. Non Employment Fund Wage Subsidies 55
2.17.6. Communication 55
CHAPTER 3 STATEMENT OF REQUIREMENTS - WORK FOR THE DOLE COORDINATORS 57
3.1. Introduction 58
3.2. Objective of Work for the Dole 58
3.3. outline of Work for the Dole Coordinator services 58
3.4. Employment Regions 61
3.5. Payment model 61
3.6. Deed term and requirements 62
3.7. Induction 62
3.8. Performance framework 62
3.8.1. Joint Charter of Deed Management between the Department and Work for the Dole
Coordinators 63
CHAPTER 4 STATEMENT OF REQUIREMENTS - NEW ENTERPRISE INCENTIVE SCHEME 64
4.1. Introduction 65
4.2. Objective of the New Enterprise Incentive Scheme 65
4.3. Overview OF NEIS 65
4.4. The Role of NEIS Providers 66
4.5. Mentoring 67
4.6. Referrals to NEIS and the NEIS Providers 67
4.7. Eligibility for NEIS 67
4.8. Payment Model 68
4.9. Servicing the whole of the employment region 68
4.10. Performance Management Framework 69
4.10.1. Joint Charter of Deed Management between the Department and NEIS 69
4.11. Business Reallocation 69
4.12. Transition Arrangements 70
CHAPTER 5 STATEMENT OF REQUIREMENTS - OTHER PROGRAMMES 71
5.1. Introduction 72
5.2. harvest labour services 72
5.2.1. Objectives of Harvest Labour Services 72
5.2.2. Overview of Harvest Labour Services 72
5.2.3. Harvest Labour Fees 73
5.2.4. Performance framework 73
5.2.5. Joint Charter of Deed Management between the Department and Harvest Labour Providers 74
5.3. National Harvest Labour Information Service 74
5.3.1. Objectives of the National Harvest Labour Information Service 74
5.3.2. Overview of National Harvest Labour Information Service 74
5.3.3. Payments 75
5.3.4. Joint Charter of Deed Management between the Department and the National Harvest
Labour Information Service Provider 75
CHAPTER 6 PURCHASING ARRANGEMENTS 76
6.1. OVERVIEW 77
6.2. TENDERING PROCESS 78
6.2.1. Future Matters 78
6.2.2. No Deed or Undertaking 78
6.2.3. Probity 78
6.2.4. Debriefing 79
6.3. Use of Austender 79
6.3.1. AusTender 79
6.3.2. Addenda 80
6.3.3. AusTender Help Desk 80
6.4. ELIGIBILITY TO TENDER 81
6.4.1. Australian Government departments, employees and agents of Australian Government departments 81
6.4.2. Sole traders 81
6.4.3. Group Tendering 81
6.4.4. Subcontracting arrangements 83
6.4.5. Contracting with legal entities 83
6.4.6. Joint and several liability 83
6.4.7. Proportionate liability 84
6.4.8. Foreign companies 84
6.4.9. Competing entities 84
6.4.10. Collusive bidding 84
6.4.11. Conflict of interest 85
6.4.12. Improper influence 85
6.4.13. Improper assistance 85
6.4.14. Professional advice 86
6.5. CONDITIONS OF TENDER LODGEMENT 86
6.5.1. Onus on the Tenderer 86
6.5.2. Electronic tender lodgement conditions 86