Rules and Guide for Applications by Contract Cleaners for School Panel Status (The Guide)
STATE GOVERNMENTVICTORIA
DEPARTMENT OF EDUCATION & EARLY CHILDHOOD DEVELOPMENT
RULES AND GUIDE FOR APPLICATIONSBYCONTRACTCLEANERSFORSCHOOLPANEL STATUS (“THE GUIDE”)
(CONTRACTORS WITH EMPLOYEES)
Available on the DEECDwebsite:
TABLE OF CONTENTS
A.PROCESS
B.STRUCTURE OF THIS Guide
C.ENQUIRIES officer......
D.LOCATION FOR LODGEMENT OF ApplicationS
E.DISCLAIMER
F.DISCREPANCIES, MISDESCRIPTIONS, ERRORS AND OMISSIONS
Part 1CONDITIONS OF Application FOR PANEL STATUS
1.1INTERPRETATION OF TERMS......
1.2CONDITIONS OF APPLICATION
1.3STATUTORY DECLARATION
1.5CHANGES
1.6ENGLISH LANGUAGE AND METRIC UNITS
1.7FURTHER INFORMATION AND CLARIFICATION
1.8COMMERCIAL BACKGROUND ASSESSMENT
1.9ASSESSMENT OF APPLICANT’S INDUSTRIAL RELATIONS RECORD
1.10OWNERSHIP OF APPLICATIONS
1.11NONCONFORMING APPLICATIONS
1.12ACHIEVEMENT OF PANEL STATUS
1.13EMPLOYMENT CONDITIONS AND EQUAL OPPORTUNITY
1.14USE OF INFORMATION AND EXCHANGE OF INFORMATION BETWEEN GOVERNMENT AGENCIES
1.15CONFIDENTIALITY AND DISCLOSURE
1.16COSTS OF APPLICATION
1.17GOVERNMENT PROCUREMENT GUIDELINES
1.18ASSIGNMENT OR SUBCONTRACTING
1.19PANEL STATUS, CONTINUING OBLIGATIONS AND REVOCATION
Part 2STATEMENT OF REQUIREMENTS
2.1SCOPE
2.2SERVICES DELIVERED UNDER PANEL SYSTEM
2.3KEY ASSESSMENT CRITERIA
2.4CODE OF BEST PRACTICE EMPLOYMENT AGREEMENT
2.5PANEL STATUS
2.6ACCOUNTANT STATEMENTS
Part 3Application instructions and Criteria
3.1ASSESSMENT CRITERION 1......
3.1.1Occupational Health and Safety Policy
3.1.2Occupational Health and Safety Risk Assessment
3.1.3Occupational Health and Safety Compliance and Incident History
3.1.4Chemical Management
3.1.5First Aid Arrangements
3.1.6Occupational Health and Safety Training Requirements
3.1.7Maintenance of Cleaning Equipment
3.1.8Hazards and Accidents
3.1.9Personal Protective Equipment
3.2ASSESSMENT CRITERION 2
3.2.1Compliance and Commitment to an Equal Opportunity and Harassment-free Workplace
3.2.2Management Structure
3.2.3Management Qualifications
3.2.4Corporate History
3.2.5Current Management Systems
3.2.6Professional and Industry Organisations
3.2.7Specialist Skills and Subcontracting
3.2.8Criminal Matters relating to Officers, Shareholders or Employees
3.3ASSESSMENT CRITERION 3
3.3.1Applicable Instruments
3.3.2Employee Details
3.3.3SuperannuationDetails
3.3.4Compliance with Industrial Minimums
3.3.5Industrial History
3.3.6Processes for Resolving Grievances or Risks
3.3.7Past Directorships
3.4ASSESSMENT CRITERION 4
3.4.1Financial History
3.4.2Insurances
3.4.3Current and Former Cleaning Contracts
3.4.4Quality Assurance Criteria
3.5ASSESSMENT CRITERION 5
3.5.1Referees
3.5.2Contract Cancellations
3.5.3Conflict of Interest
- - 1 - -
NOTICE TO APPLICANTS
No contractual or legal obligations arise from this Guidebeyond the intention of the Department of Education & Training (the Department) to assess Applications and grant Panel Status to Applicants if appropriate.
- PROCESS
A.1Timelines
This Guideis for companies with employees (Applicants) to submit information for assessment by the Department, to determine the eligibility of Applicants to tender for future cleaning contracts in Victorian government schools.
From 1 July 2005, the Department will invite Applications for Panel Status from contract cleaning companies. Current school contract cleaners will be invited to qualify tojoin a Panel of approved cleaning contractors established by the Department. This process (as already communicated to current contract cleaners) involves:
If your current contract with a school expires, or has an anniversary date on or before 30 November 2005: Your Application must be submitted no later than 31 August 2005.
If your current contract with a school either expires, or has its anniversary, between 1 December 2005 and 30 June 2006:Your Application is to be submitted after 1 July 2005 but no later than 3 months prior to the anniversary or expiry date.
If your current contract with a schooldoes not have an expiry or anniversary date: Your Application must be submitted by no later than 31 March 2006.
- All new cleaning contractors (i.e. without an existing school cleaning engagement) wishing to seekbusiness in schools:You may submit an Application any time after 1 July 2005 (until 30 June 2006or until such other time as the Department closes thiscall for Applications).
- All schoolsare to engage Panel contractors by 1 July 2006.
The time frame for consideration of an Application, is expected to be between 30 and 90 days. This is only a guideline and should not be relied upon by an Applicant.
A.2Effect of this Guide
This is not a tender process that will lead automatically to any contractual arrangement with a school.This Guide does not guarantee that schools will offer, continue or extend cleaning service contracts to cleaners that gain Panel Status. The Department’s intention is to grant Panel Status to suitable Applicants, and those Applicants will be eligible to submit tenders for future cleaning contracts, or continue current contracts.
A successful Application enables the Applicant to be listed on a Panel of approved cleaning contractors. Applicants should then respond to calls for tenders from individual school councils advertised in daily newspapers. All contractors must quote their Panel registration number when submitting a tender.
Applicants are required to sign a contract with the Department (Department Cleaning Panel Agreement) and attach that contract to their Application. Applicants who gain Panel Status,will alsobe required to sign a separate contractwith the individual schoolcouncil (School Cleaning Services Agreement), if a school wishes to engage the Applicant.
Once a cleaning contractor obtains Panel status it will maintain their Panel Status indefinitely unless:
- The Department revokes a cleaning contractor’s Panel Status; or
- A cleaning contractor who gains Panel Status is not engaged by a School for a period of 2 years, in which case the Panel Status will cease automatically after the expiry of the two year period.
The Department (under the Department Cleaning Panel Agreement) and schools (under the School Cleaning Services Agreement) shall have the right to terminate these contracts. However,Panel status is not affected by the termination of a school contract by a school unless the Department decides to revoke a cleaning contractor’ Panel Status.
The Grounds for revocation are set out inthe Department Panel Cleaning Agreement.
The Department requires qualification for existing school contract cleaners by 1 July 2006. There will be ongoing assessment of cleaning contractors, and the Department will advertise publicly for future Applicationsas it sees fit.
A.3Applicants not granted Panel Status or
Contractors who fail to submit Application by Due Date
Applicants that are unsuccessful in gaining Panel Status, or contractors who fail to submit an Application by the due date, will be excluded from continuing to provide Services to Victorian Government schools beyond the later of: (a) 30 days from notification to the contractor by the Department or the School, or (b) if no new tenderer has been appointed by the school by the expiry of the 30 days in (a)then, the school may permit the Contractor to continue to work at the school for up to another 30 days. (These time frames do not prevent the School Council, or the contractor, from exercising any contractual rights permitting termination earlier than 30 days). Unsuccessful Applicants may not apply again for Panel Status for a period of 12 months from the date of lodging their Application, unless otherwise notified in writing by the Department permitting a shorter period than 12 months.
Exceptions may apply to the timeframes for ceasing work by contractors without Panel Status, set out in the preceding paragraph, subject to authorisation by the Department, as follows:
(a)for Proprietor Labour contractors working in non-metro rural areas, schools will be required to re-tender the cleaning contract at their school every twelve months until a Panel contractor is engaged. At the time of such tender, schools will be required to engage a tendering cleaning contractor that is on the Panel in favour of a cleaner which is not on the Panel, so long as the Panel cleaner’s proposed fees do not exceed those which are commercially reasonable.
(b)in the case of contractors who are not Proprietor Labour working in non-metro rural areas , schools will be required to re-tender the cleaning contract at their school every three months until a Panel contractor is engaged. At the time of such tender, schools will be required to engage a tendering cleaning contractor that is on the Panel in favour of a cleaner which is not on the Panel, so long as the Panel cleaner’s proposed fees do not exceed those which are commercially reasonable.
(c)for all contractors working in areas which are not non-metro rural (i.e. metro urban and non-metro urban), schools will be required to re-tender the cleaning contract at their school every three months until a Panel contractor is engaged. At the time of such tender, schools will be required to engage a tendering cleaning contractor that is on the Panel in favour of a cleaner which is not on the Panel. This exemption in clause A.3(c) shall cease to apply or operate on 30 June 2006.
A.4Contract Cleaners’ Assessment Committee
The qualification and preselection process will be managed by the Department and its Contract Cleaners’ Assessment Committee (CCAC). The CCAC will make recommendations to the Department concerning the assessment of Applications and the ongoing Panel Status of Applicants, for determination by the Department. The Department is not bound to accept the CCAC’s recommendations.
- STRUCTURE OF THIS Guide
This Guide comprises:
Part 1 Conditions of Guide for Panel Status;
Part 2 Statement of Requirements;
Part 3 –Application Instructions and Criteria; and
Part 4 - Application Form
- ENQUIRIESofficer
Applicants requiring additional information should contact theEnquiries Officer at theSchool Contract Cleaning Advice Line:
Telephone:(03) 9637 3611
Email:
- LOCATION FOR LODGEMENT OF ApplicationS
Applicationsmust be either:
a)posted to:The Chairperson
Contract Cleaners Assessment Committee
Application for Panel Status
Department of Education and Training
2 Treasury Place
Melbourne VIC 3000
OR
b)addressed as above and hand delivered to Ground Floor, 2 Treasury Place, Melbourne.
- DISCLAIMER
This Guide contains information that may be described variously as data, documents, pages, and images, prepared by government agencies for and on behalf of the Department. While the data contained in thisGuide has been formulated with all due care, the Department does not warrant or represent that it is free from misdescriptions, errors or omissions.
The Department is not in any way liable for the accuracy of any information printed or stored by a user after downloading an electronic copy from the Department’s website An Applicant who utilises an automatic language translation service in connection with this Guide does so at theirown risk.
If sufficient information is not available, or intending Applicants require clarification of any information in relation to the Guide, prospective Applicants are requested to contact the Enquiries Officer nominated in section C above before the date and time for closing of Application.
- DISCREPANCIES, MISDESCRIPTIONS, ERRORS AND OMISSIONS
If an Applicant finds any discrepancy, misdescription, error or omission in the Guide, the Applicant is requested to notify theEnquiries Officer before the date and time for closing of the Application.
Part 1
CONDITIONS OF Application FOR PANEL STATUS
1.1INTERPRETATION OF TERMS
1.1.1In thisGuide, unless a contrary intention is indicated:
“Anniversary” in relation to a contract cleaner currently engaged by a Victorian government school, means the date falling every 12 months after the commencement date in item 4 of Schedule A of the cleaner’s current cleaning contract with a school (or where it has no such contract, then the date falling every 12 months after the date the cleaner commenced performing cleaning services at the school);
“Applicant” means the party wishing to gain Panel Status which is submitting an Application;
“Application” means the response by the Applicantseeking Panel Statusin the Victoriangovernment school cleaning tender processesin accordancewith this documents and the format in Part 4 – Application Form;
“BSCAA” means the Building Service Contractors Association of Australia;
“CCAC” means the Department’s Contract Cleaners’ Assessment Committee, as referred to in paragraph A.4 above;
“Children” includes step children and foster children and children-in-law.
“Department” or “DE&T” means the Department of Education and Training, State Government of Victoria;
“Department Cleaning Panel Agreement” means the agreement with the Department that an Applicant is required to sign and attach to this Application;
“Enquiries Officer” means the person set out in section C of this Application;
“EEO” meansEqual Employment Opportunity;
“Guide” or “the Guide” means this document setting out the Rules and Guide to Application for Panel Status;
“LHMU” means the Australian Liquor, Hospitality and Miscellaneous Union.
“LHMU Code” means the LHMU Code of Best Practice Employment Agreement 2005 – 2008;
“OHS” means Occupational Health and Safety;
“OHS Act 2004” means the Occupational Health and Safety Act 2004 (Vic);
“Panel Status” means being on the Panel, or is a person who is on the Panel.
“Panel” means the Panel of contract cleaners established by the Department which is comprised of all Applicants that have successfully qualified or been preselected by theDepartment;
“Parent” includes a step parent or foster parent or parents-in-law.
“Preselection” means the assessment process conducted by the Department for appointment to the Panel, of all Applicants who are new cleaning contractors (i.e. without an existing cleaning engagement with a school);
“Proprietor Labour” means:
(a) an Applicant operating as a sole trader or as a partnership of up to two (2) partners, that does not have employees due to the exclusive use of the sole trader or those partners to perform Services;
(b)an Applicant operating as a sole trader or as a partnership of up to two (2) partners, that employs a maximum of four (4) persons to perform Services, and those employees are exclusively, themselves, their parents, Spouse or Children; or
(c)an Applicant operating as a Company engaging up to a maximum of four (4) employees, and those employees are either shareholders of the Applicant, or the parents, Spouse or Children of a shareholder,
provided that:
i)the Applicant must never have more than 4 people working in the business performing Services, including any proprietor, sole trader, partners or employees; and
ii)during the time it has Panel Status the Applicant must continue to operate within the above definitions.
“Qualification” meansthe assessment process conducted by the Department for appointment to the Panel, of all Applicants who at the time they submit their Application have an existing cleaning engagement with one or more schools;
“Services” means cleaning services sought to be provided by the Applicant including as setout in the Statement of Requirements;
“School Cleaning Services Agreement” means the agreement that an Applicant with Panel Status would be required to sign with an individual school council, if it is determined by that school that it wishes to make arrangements to engage the Applicant;
“Spouse” means a husband, wife or de facto.
“Specialist Cleaning Services” means persons providing, on an intermittent or periodic basis, carpet, curtain or other fabric steam cleaning, window cleaning, specialist toilet cleaning or steam or pressure cleaning by third parties of interior or exterior school walls.
“State” means the Crown in the right of the State of Victoria;
1.1.2Any reference in this Guideto the discretion of the Department means the sole, absolute and unfettered discretion of the Department.
1.2CONDITIONS OF APPLICATION
1.2.1Each Application must be submitted in accordance with the terms and conditions of the Guide and all attachments and any additional terms and conditions that the Department may notify on its website at
1.2.2Applicants will be taken to:
a)have examined the Guide, and any other information, including any changes(section 1.5 of this Guide) issued and made available in writing by the Department for the purpose of applying;
b)have examined all information relevant to the risks, contingencies, and other circumstances having an effect on their Application; and
c)be satisfied as to the correctness and sufficiency of their Application to be assessed against the criteria in Part2 -Statement of Requirements.
1.3STATUTORY DECLARATION
An Applicant must submit its Application with a fully completed Statutory Declaration as set out in Part 4- Application Form. Applications not accompanied by the appropriate Statutory Declaration may be regarded as non-conforming. Failure to supply information in full in this Guide may render the Application non-conforming. A non-conforming Application may be rejected by the Department. If any section of the prescribed form of the Application is not applicable, then “Not Applicable” is to be written in that section.
1.4LODGEMENT OF APPLICATIONS
1.4.1A written Application must be lodged at the location and by a method nominated insection D above (no other form of transmission is acceptable), as follows:
a)Qualification timelines for existing contractors:Timelines see paragraph A.1
b)Applicants with service contracts at more than one school: are required to submit one Application for all of their school operations. Their Application must be submitted at the earliest date applicable under the Timelines in paragraph A.1. Such Applications must contain relevant information to the whole of the operation of the Applicant, and not only in respect of one particular school.
c)Preselection timeline for new contractors:By the dates and times specified on the coverpage of this Guide.
1.4.2If an Application is posted or hand delivered, it must be in a plain envelope or wrapping and be clearly marked on the outside with Attention:The Chairperson–Contract Cleaners Assessment Committee: Application for Panel Status
1.4.3Late Applications will be deemed to be non-conforming.
1.5CHANGES
1.5.1At any time, the Department may issue changes to the Guide for the purposes of clarifying documents or to notify any amendments to this Guide. Where a Guide is downloaded from the Department’s website at assume responsibility for ensuring that any changes are incorporated or taken into account in their Application. It is the sole responsibility of the Applicant to check the Department’s website for any changes prior to submitting an Application.
1.5.2Applicants in doubt as to the true meaning of any part of the Guide are requested to notify theEnquiriesOfficer to obtain clarification regarding the Guide. The Department will not be responsible for any other interpretation.
1.5.3Applicants must sign any amendment or change to theirApplication and may be considered nonconforming if they do not do so.
1.6ENGLISH LANGUAGE AND METRIC UNITS
1.6.1All Application Schedules and all communications with the Department must be in the English language. All references to measurements must be in metric units.
1.7FURTHER INFORMATION AND CLARIFICATION
1.7.1Despite any other requirement of the Guide, the Applicant must, if so required, submit additional information to allow full consideration of theApplication. There is no obligation on the part of the Department to seek clarifying or any other information.
1.7.2Applicants may request clarification of the Guide in writing. Any response by the Department will be written and may, if of general application, be issued as a change.
1.8COMMERCIAL BACKGROUNDASSESSMENT
By submitting an Application, the Applicant consents to the Department seeking further information and investigating the Applicant’s commercial viability and financial status. Where an Act or Regulation requires that an Applicant (as described by that Act or Regulation) be registered or licensed to carry out the Services, evidence of registration or licensing must be produced by the Applicant in its Application. The Department may seek information from sources, including regulatory and law enforcement bodies, relevant to whether the Applicant can perform the Services.