Request for Tender (RfT) for Human Resource Management SupportServices
The Equality Authority and the Irish Human Rights Commission (“IHRC”) invite tenders for Human Resource Management SupportServices.
1. Background
The Equality Authority was established under the Employment Equality Act, 1998. The Statutory functions of the Equality Authority are set out in Part V of the Employment Equality Act, 1998. It was subsequently given additional functions under the Equal Status Act 2000.
The main business of the Authority is to work towards the elimination of discrimination and to promote equal opportunities on nine specified grounds in employment and in the provision of goods, facilities and services. The specified grounds are gender, civil status, family status, sexual orientation, religious belief, age, disability, race and membership of the Traveller community.
Established under the Human Rights Commission Acts 2000 & 2001, the Irish Human Rights Commission (IHRC) has a wide ranging remit to promote and protect human rights as defined in international agreements to which Ireland is a party and in the Irish Constitution.
In 2011, the Minister for Justice and Equality announced the merger of the IHRC and the Equality Authority to form a single new body, the Irish Human Rights and Equality Commission. The Irish Human Rights and Equality Commission Bill 2014 is currently before the Oireachtasand is expected to be enacted in the coming months.
The Equality Authority and the Irish Human Rights Commission now wish to engage specialist Human Resources services to support the design and delivery of solutions in regard to all staffing and human resource matters arising in the transition to the merged Irish Human Rights and Equality Commission(hereafter ‘the Commission’).
2. Outline of the Services Required
Section 24 of the Irish Human Rights and Equality Commission Bill provides for staff of the Commission and their remuneration and Section 45 provides for the transfer to the Commission of the existing staffs of the Equality Authority and the Human Rights Commission. The Bill provides for the Commission to appoint its own staff andprovides that all Commission staff, including those staff transferring from the existing bodies, shall be ‘Civil Servants in the civil service of the State’. As civil servants of the State under the authority of the Commission, the staff of the Commission are not amenable to instruction by Government or by any Minister for the Government. These arrangements are designed to ensure the independence of the Commission.
The approved staff complement of the merged body is 47 of which around one third will transfer from the existing bodies and new staff isto be recruited either through redeployment or through open competition.
Currently the staff of the Equality Authority are civil servants of the Department of Justice, Equality and Defence. The Authority is located in Dublin and in Roscrea, Tipperary and the Human Resource function in the Equality Authority is currently provided by the Human Resource Division in the Department. The Irish Human Rights and Equality Commission will be based in Dublin with staff at the Roscrea office of the Equality Authority reverting to the Department of Justice, Equality and Defence. The IHRC is currently located in Dublin and its staff are public servants. IHRC has been the employer of its staff since establishment in 2001 and the human resources and payroll function in the IHRC operates through an officer with HR responsibility.
In 2013 the Government appointed the Irish Human Rights and Equality Commission Designate. Recruitment of a Chief Commissioner and of a Director for the new body is pending. The Commission (designate) has established a Staffing Merger and Strategy (SMS) committee and a Staffing Working Group to oversee the organisational implementation of the merger.
Specialist Human Resources support services are required to assist in the design and delivery of solutions for specified human resource matters arising in the transition to the merged Irish Human Rights and Equality Commission.
The successful contractor will report to the Staffing Working Group throughthe (Acting)Chair of IHREC (designate) pending the appointment of the IHREC Director or through a designated officer.
It is expected that the successful contractor will demonstrate:
- Extensive experience of managing Human Resource issues
- Extensive working knowledge of the Public Sector in Ireland and of issues arising from mergers in Public Sector Organisations.
- Strong practical experience in change management and building trust and confidence in new organisations.
The successful contractor willprovide expert practical support on specifiedhuman resource and staffing matters arising from the merger, including but not limited to the following matters:
- Parity of terms and conditions: Where required, to examine terms and conditions across the new organisation and make recommendations for addressing through next stage actions.
- Employment Contract drafting services: Where required, to draft new contracts for existing staff of both the EA and IHRC following establishment day and to new IHREC staff which comply with DPER guidelines and take cognisance of contracts in place.
-Staff Communication and Representation: Where required, to make recommendations on policies and procedures required for communication with staff on relevant matters and for appropriate systems of engagement with staff unions and associations.
-Employee relations services: Where required, to be available for confidential employee consultation, negotiation and/ or mediation work during this transition phase.
-Development and Standardisation of Personnel functions: Where required, to support the development of personnel policies and procedures for the new organisation.
3. Timeframe and Process
Tenders are invited for the above contract. It is envisaged that the successful respondent/s will provide the required services, to the requisite standard, on an agreed (i.e. required services as outlined above must be specified and agreed in advance) drawdown basis fromJuly2014and extending over a circa3 month period(capped at 30 days). An extension of this period may be required to deliver services post transition to the new organisation.
4. Submission of tenders
Responses are by email only and should be sent clearly marked “RfT HR Services”. Responses shall be submitted not later than 12 noon on Monday 7th July 2014 to Ms Ursula O’Meara- Conway at
5. Format of Tenders
Responses to this RfT are being sought by way of an open competition. If you are interested in tendering, please send your proposal to the contact address demonstrating the following:
1)Clear statement of how and who will carry-out the services (including profiles/ CVs detailing relevant qualifications, professional membership, experience and details of previous similar work undertaken), timeframe, clear objectives, framework and approach.
2)Project Costings: Daily rate and any other anticipated costs.
3)Names of two referees that can be contacted directly– the inclusion of names of previous or current clients will be taken as permission to contact them unless expressly indicated otherwise.Appendix II – Declaration as to Personal Circumstances of Tenderer must be completed.
6. Tax Clearance and Professional Services Withholding Tax
The successful proposer and all subcontractors appointed must provide current and valid tax clearance certificates. The successful tenderer, by undertaking the contract for this work, is deemed to carry out professional services as defined by the Taxes Consolidation Act, 1997. Professional Services Withholding Tax (PSWT) will be deducted at the standard rate of income tax. PSWT deducted is available for set off against a specified person's final tax liability of the period which the relevant payment is charged to tax. In order to facilitate the administration of Withholding Tax the successful tenderer will be required at a later stage to supply one of the following:
a Revenue and Social Insurance number (RSI), in the case of an individual,
an income tax number,
a corporate tax number in the case of a company.
7. Information supplied binding
Information supplied by tenderers will be treated as contractually binding. However, the Contracting Body reserves the right to seek clarification of any such information.
8. Confidentiality of information
The Contracting Body undertakes to use their best endeavours to hold confidential any information provided by tenderers in response to this RFT, subject to obligations under law, including the Freedom of Information Act, 1997 and 2003. Please note that, in response to a request under the Freedom of Information Act, information not identified as sensitive (with supporting reasons) could be released. Therefore, in responding to this RFT, you should identify the specific information which you do not wish to be disclosed, stating the reasons for its sensitivity. The Contracting Body will consult with you about this sensitive information before making a decision on any Freedom of Information request received. The final decision on disclosures rests with the Office of the Information Commissioner.
9. Preparation Costs
The Contracting Body will not be liable in respect of any costs incurred by suppliers in the preparation of tenders or any associated work effort.
10. Proof of Delivery
Tenderers are requested to make their own arrangements to obtain proof of delivery of the tender, by, for example, obtaining a receipt. Tenders which are delivered late will not be considered.
11. Evaluation of Tenders
Tenderers to whom any of the circumstances listed in paragraph 1 and 2 of Article 45 of EU Council Directive 2004/18/EC (co-ordinating procedures for the award of public works contracts, public supply contracts and public service contracts) apply will be excluded from this competition. The said circumstances are outlined in Appendix I below. The suitability of tenderers not so excluded will then be checked by reference to the supplier's financial and economic standing and technical capacity in accordance with the said Directive.
Tenderers should include in their tender document a completed Appendix II - Declaration of Personal Circumstances of Tenderer which sets out where they stand in relation to the Directive.
Tenders not so excluded will be initially evaluated by reference to the following qualification criteria:
(a)completeness of tender documentation (including completed Appendix II)
(b)stated ability of tenderer to meet the requirements set out in this RFT.
Only those tenders who meet both of the above qualifying criteria will be eligible for inclusion in the award process.
The contract will be awarded on the basis of the most economically advantageous tender applying the below criteria.
12. Award Criteria
The contract will be awarded to the most economically advantageous tender that the Contracting Body considers to have most closely met the RfT requirements for the contract assessed on the basis of:
Quality of Service Delivery (700/1000)
- Human Resource Management expertise(200 points).
- Knowledge of the Public Sector in Ireland and of issues arising from mergers in Public Sector Organisations (200 points).
- Practical experience in change management and building trust and confidence in new organisations (200 points).
- Appropriate qualifications and professional membership (100 points).
Costs (300/1000).
13. The lowest tender or any tender may not be accepted
The issue of this RfT does not imply that the lowest tender or any tender will be accepted.
14.Applicable laws
The Irish Human Rights Commission asks all respondents to ensure and confirm that they are compliant with all applicable laws including employment and taxation law (as required above) and that they have regard to statutory terms relating to minimum pay and to legally binding industrial or sectoral agreements and that the laws of Ireland apply in other matters such as official secrets, data protection and health and safety.
15.Additional general conditions
Additional general conditions applying to the tendering process are set out in the Appendices. Tenderers should include in their tender document a completed Appendix II - Declaration of Personal Circumstances of Tenderer which provides a declaration of non – alignment with entities or interests that could compromise objectivity.
Appendix I
Extract from Article 45, Paragraph 1 & 2 of EU Council Directive 2004/18/EC of 30th April 2004 – (co-ordinating procedures for the award of public works contracts, public supply contracts and public service contracts).
Article 45
1. Any candidate or tenderer who has been the subject of a conviction by final judgment of which the contracting authority is aware for one or more of the reasons listed below shall be excluded from participation in a public contract:
a)participation in a criminal organisation, as defined in Article 2(1) of Council Joint Action 98/733/JHA(20);
b)corruption, as defined in Article 3 of the Council Act of 26 May 1997(21) and Article 3(1) of Council Joint Action 98/742/JHA(22) respectively;
c)fraud within the meaning of Article 1 of the Convention relating to the protection of the financial interests of the European Communities(23);
d)money laundering, as defined in Article 1 of Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering (24).
2. Any economic operator may be excluded from participation in a contract where that economic operator:
a)is bankrupt or is being wound up, where his affairs are being administered by the court, where he has entered into an arrangement with creditors, where he has suspended business activities or is in any analogous situation arising from a similar procedure under national laws and regulations;
b)is the subject of proceedings for a declaration of bankruptcy, for an order for compulsory winding up or administration by the court or of an arrangement with creditors or of any other similar proceedings under national laws and regulations;
c)has been convicted by a judgment which has the force of res judicata in accordance with the legal provisions of the country of any offence concerning his professional conduct;
d)has been guilty of grave professional misconduct proven by any means which the contracting authorities can demonstrate;
e)has not fulfilled obligations relating to the payment of social security contributions in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
f)has not fulfilled obligations relating to the payment of taxes in accordance with the legal provisions of the country in which he is established or with those of the country of the contracting authority;
g)is guilty of serious misrepresentation in supplying the information required under this Section or has not supplied such information.
Appendix II: Declaration as to Personal Circumstances of Tenderer
Re: Request for Tenders for Human Resource Management Support Services.
Name of Tenderer:______
Address:______
______
______
I/We declare that none of the circumstances listed in paragraph 1 and 2 of Article 45 of EU Council Directive 2004/18/EC (co-ordinating procedures for the award of public works contracts, public supply contracts and public service contracts) apply.
I/we do not have any alignment with entities or interests that could compromise objectivity.
I understand and acknowledge that the provision of inaccurate or misleading information in this declaration may lead to my business/firm/company/partnership being excluded from participation in this or future tenders, and I make this solemn declaration conscientiously believing the same to be try and by virtue of the Statutory Declarations Act, 1938. This declaration is made for the benefit of the Contracting Authority.
Signature of Declarant:______
Name of Declarant:______
(in print or block capitals)
Date:______
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