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Request for Tender for Harvest Trail Services 2020–2023 and Harvest Trail Information Service 2020-2023Frequently Asked Questions

1 | Frequently asked questions – Request for Tender for Harvest Trail Services and Harvest Trail Information Service 2020—2023

978-1-76051-873-8 [PDF] 978-1-76051-874-5 [DOCX]

With the exception of the Commonwealth Coat of Arms, the Department’s logo, any material protected by a trade mark and where otherwise noted all material presented in this document is provided under a Creative Commons Attribution 3.0 Australia (creativecommons.org/licenses/by/3.0/au/) licence.

The details of the relevant licence conditions are available on the Creative Commons website (accessible using the links provided) as is the full legal code for the CC BY 3.0 AU licence (creativecommons.org/licenses/by/3.0/au/legalcode).

The document must be attributed as the Frequently Asked Questions for the Request for Tender for Harvest Trail Services 2020—2023 and the Harvest Trail Information Service 2020—2023.


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Document HistoryDate CommentsMonday 11 November 2019 Initial release

Monday 11 November 2019 New questions at 2.6 and 2.7

Friday 15 November 2019 New questions at 2.8, 2.9 and 2.10

Friday 22 November 2019 New questions at 2.11, 2.12, 2.13, 2.14, 2.15, 7.20, 7.21, 7.22, 7.23, 7.24, 7.25, 7.26, 7.27 and 7.28

Wednesday 4 December 2019 Clarification to question 2.15; new questions at 3.14, 3.15, 6.8 and 7.29


Contact details The Employment Services Purchasing Hotline (the Hotline) ([email protected]) is the primary means of contact during the purchasing period.

Questions and requests for clarification about this RFT can be submitted by:

• email: Employment Services Purchasing Hotline ([email protected])• phone: 1300 733 514, the hotline (Monday to Friday, 9.00 am to 5.00 pm Canberra time,

excluding ACT and national public holidays).

Requests for information or clarification All requests for information about the RFT must be submitted to the hotline before 5.00 pm (Canberra time) on Monday 9 December 2019. There will be no obligation on the department to answer questions received after this time.

The department may publish responses to questions or requests for clarification on this RFT on AusTender without identifying the source of the question or clarification request.

The department will not accept any responsibility if a tenderer fails to become aware of any further information about this RFT which would have been apparent from a visit to AusTender.

The Hotline cannot provide interpretation or advice to a tenderer on how to respond to the requirements set out in this RFT, or provide information that is not contained in this RFT, unless that information is publicly available.


mailto:[email protected]

https://www.employment.gov.au/employment-services-purchasing-information

Table of Contents1. Request for Tender process..............................................................................................................9

1.1. What is the purpose of the Request for Tender?......................................................................9

1.2. When will the Request for Tender be released?.......................................................................9

1.3. When will I be notified of the results?......................................................................................9

1.4. Where else can I find information about the Request for Tender?..........................................9

1.5. Where can I find a glossary of terms for the Request for Tender?...........................................9

1.6. When will Deeds and/or Contracts be entered into with successful tenderers?....................10

1.7. How will I be notified of changes to the Request for Tender?................................................10

1.8. Can I seek help to write our response from employees of the department?.........................10

1.9. Are we guaranteed business if we respond to the Request for Tender?................................10

1.10. When will the Harvest Trail Services and Harvest Trail Information Service start?.................10

1.11. Will I need to have insurance?................................................................................................11

2. Harvest Trail Services......................................................................................................................12

2.1. What is Harvest Trail Services?...............................................................................................12

2.2. What are the objectives of Harvest Trail Services?.................................................................12

2.3. What are the requirements of Harvest Trail Services?...........................................................12

2.4. In what locations will Harvest Trail Services be available?.....................................................12

2.5. Will there be multiple providers for a Harvest Area?.............................................................12

2.6. How many sites is a Harvest Trail Services Provider required to have in a Harvest Area?......13

2.7. Will sites need to meet specific criteria?................................................................................13

2.8. Does the reference to grains include cereal crops?................................................................13

2.9. Will a Harvest Outcome Fee be payable to a Harvest Trail Provider who is also an Employment Service Provider if the participant is registered with another Employment Service Provider?....................................................................................................................13

2.10. Can I have a breakdown of the expected number of placements for each Employment Region?...................................................................................................................................13

2.11. Are existing Employment Services Providers eligible to apply for the Harvest Trail RFT?.......14


2.12. Will jobactive job seekers who are referred to Harvest Trail Services remain in jobactive while undertaking the work?...................................................................................................14

2.13. Will jobactive providers who are also providing Harvest Trail Services be able to refer their own job seekers to their own Harvest Trail Services?..............................................................14

2.14. Where HTS is in place for a region, are all jobactive providers obligated to place participants though the HTS provider for placements with agriculture employers?...............14

2.15. If a jobactive provider who is also a HTS provider chooses to take either a jobactive or HTS outcome, does this performance go towards both jobactive and HTS contract KPIs?.....14

3. Harvest Trail Information Service...................................................................................................15

3.1. What is Harvest Trail Information Service?.............................................................................15

3.2. What are the objectives of Harvest Trail Information Service?..............................................15

3.3. What are the requirements of Harvest Trail Information Service?.........................................15

3.4. Where can I find information on the current Harvest Labour Services and the National Harvest Labour Information Service?.......................................................................15

3.5. What does the national contact and communication centre do?...........................................16

3.6. What is the Harvest Trail jobs board?.....................................................................................16

3.7. What is the Harvest Trail website?.........................................................................................16

3.8. What is included in town information?..................................................................................16

3.9. What is included in crop information?....................................................................................16

3.10. What information is included in the quarterly report?...........................................................16

3.11. Who develops the Harvest Guide?..........................................................................................17

3.12. Who will print the Harvest Guide?..........................................................................................17

3.13. Does the Harvest Trail Information Service Provider have access to the department’s IT system?.........................................................................................................17

3.14. What are the features of the online HTIS?..............................................................................17

3.15. Does the telephone HTIS need to be operational in all states and territories from 8.00 am to 8.00 pm their time?..............................................................................................17

4. Employment Service Providers.......................................................................................................18

4.1. Who are mainstream Employment Service Providers?...........................................................18

4.2. Do I need to work with Employment Service Providers?........................................................18

5. Harvest Workers.............................................................................................................................19


5.1. Are all visa holders eligible to work in Australia?....................................................................19

5.2. How do I manage Harvest Worker’s personal information?...................................................19

6. Payments........................................................................................................................................20

6.1. What are the payments arrangements?.................................................................................20

6.2. What is the Harvest service fee?............................................................................................20

6.3. When will the Harvest service fee be paid?............................................................................20

6.4. What is the Harvest placement fee?.......................................................................................20

6.5. Can I claim more than one Harvest placement fee for a placement?.....................................20

6.6. When will the HTIS service fee be paid?.................................................................................21

6.7. Are payments in the RFT GST inclusive or exclusive of GST?..................................................21

6.8. Do individual Harvest Areas only have one Harvest Service Fee applicable despite some Harvest Areas having more than one Statistical Area to service?.................................21

7. Responding to the Request for Tender...........................................................................................22

7.1. What is a character limit and what does this include?...........................................................22

7.2. I am tendering for both HTS and HTIS. Do I need to address all Selection Criteria?...............22

7.3. How do I respond to the RFT?................................................................................................22

7.4. Can I apply through AusTender instead?................................................................................22

7.5. Will the department accept late responses?..........................................................................23

7.6. Can I include attachments with my RFT submission?.............................................................23

7.7. How do I know my response has been submitted successfully?.............................................23

7.8. Can I change or withdraw my tender once it has been submitted?........................................23

7.9. If my organisation is a Group tenderer, are there any additional requirements to submit the response?.............................................................................................................24

7.10. Is there a specific format to authorise a Lead Group tenderer?............................................24

7.11. If my organisation is part of a Group tender, can we also submit a stand-alone response for the same Harvest Area?....................................................................................24

7.12. Can I subcontract all or part of the HTS?................................................................................24

7.13. We have access to additional funds not fully or partially shown on our financial statements. Do I need to disclose this information?..................................................................................25

7.14. Can I classify information in my response as confidential?....................................................25


7.15. Do we have to obtain referees for our response?..................................................................25

7.16. Can current employees of the department be my referee?..................................................26

7.17. What is a Conflict of Interest?...............................................................................................26

7.18. Can a group of organisations submit a response to deliver Harvest Trail Services 2020—2023?.........................................................................................................................26

7.19. Can we apply given that we receive public sector funding from the Government?..............26

7.20. What is the aim of the Black Economy policy?......................................................................27

7.21. Where can I find information on Black Economy policy?......................................................27

7.22. What are the Statement of Tax Record requirements for subcontractors and/or Group tenderers?......................................................................................................27

7.23. I am a Group tenderer, do I need to provide STR(s) for each member of my group?...........27

7.24. What if I can’t provide a STR for one member of my Group?................................................27

7.25. How do I obtain a Statement of Tax Record?........................................................................27

7.26. What if I don’t obtain a Statement of Tax Record by the closing date and time of the RFT?................................................................................................................................................27

7.27. What if I don’t submit either the STR or STR receipt prior to the closing date and time?.....28

7.28. What is the deadline for submitting the Statement of Tax Record?.....................................28

7.29. My organisation is a Not for Profit, do I still need to provide a Statement of Tax Record?...28

8. Evaluation process..........................................................................................................................29

8.1. What is the department’s evaluation process?.....................................................................29

8.2. How is value for money assessed?........................................................................................29

8.3. Will the department contact me for further information?...................................................29

8.4. Who makes the final decision?.............................................................................................30

8.5. What if I do not agree with the decision?.............................................................................30

8.6. Can I receive feedback on my response to the RFT?.............................................................30

9. Communication..............................................................................................................................31

9.1. Who do I contact if I have a question about the procurement process?..............................31

9.2. Who do I contact if I want to lodge a complaint?.................................................................31


1.


2. Request for Tender process

2.1. What is the purpose of the Request for Tender?The Department of Employment, Skills, Small and Family Business (the department) is seeking submissions to the Request for Tender Harvest Trail Services 2020—2023 and Harvest Trail Information Service 2020—2023 (RFT) from entities (tenderers) interested in delivering Harvest Trail Services and/or the Harvest Trail Information Service from 1 July 2020 to 30 June 2023.

Reference: RFT section 1.1 - Purpose

2.2. When will the Request for Tender be released?The release date of the RFT is Monday 11 November 2019.

Reference: RFT – Indicative timeline

2.3. When will I be notified of the results?Tenderers will be notified in March 2020.


2.4. Where else can I find information about the Request for Tender?

An online presentation about the RFT is available on the Employment Services Purchasing Information website (employment.gov.au/purchasing) or by calling the Employment Services Purchasing Hotline (the Hotline) on 1300 733 514.

Potential tenderers are encouraged to view the online presentation.

Reference: RFT section 1.3 – Information sessions

2.5. Where can I find a glossary of terms for the Request for Tender?

The Glossary is at Appendix B of the RFT document. If there is any inconsistency between the terms of the RFT document and the Draft Deed and/or Draft Contract, the Draft Deed and/or Draft Contract takes precedence.

Reference: RFT section 1.2 – Scope; RFT Appendix B - Glossary




2.6. When will Deeds and/or Contracts be entered into with successful tenderers?

The department anticipates Deeds and/or Contracts will be entered into with successful tenderers in March 2020.


2.7. How will I be notified of changes to the Request for Tender?

If the department amends the RFT, including its terms, requirements or the process referred to in the RFT prior to the closing date and time, the department will issue advice (in the form of addenda) on AusTender and to potential Tenderers who have registered in 360Pro.

Reference: RFT section 3.4.5 – 360Pro

2.8. Can I seek help to write our response from employees of the department?

No. Tenders should be compiled without any improper assistance from current or former officers, employees, contractors or agents of the department and without the use of information improperly obtained or in breach of an obligation of confidentiality.

Reference: RFT section 5.4.4 – Ethical dealing

2.9. Are we guaranteed business if we respond to the Request for Tender?

No. Tenderers that submit a response are not guaranteed business.

2.10. When will the Harvest Trail Services and Harvest Trail Information Service start?

The Harvest Trail Services (HTS) and the Harvest Trail Information Service (HTIS) will start on 1 July 2020.



2.11. Will I need to have insurance?Successful tenderers for either HTS or HTIS will be required to obtain and maintain the insurance specified in the Draft Deed and/or Draft Contract.

Reference: RFT section 5.5 – Insurance


3. Harvest Trail Services

3.1. What is Harvest Trail Services?Harvest Trail Services aims to link workers, including Australian job seekers and working holiday makers, with seasonal harvest jobs to meet seasonal peaks in employer demand in locations across Australia.

3.2. What are the objectives of Harvest Trail Services?The objectives of Harvest Trail Services (HTS) are to:

address Harvest Employers’ recruitment needs in Harvest Areas improve community understanding of the legal requirements for fair and safe Harvest Work increase the number of Australians employed in Harvest Work.

Reference: RFT section 2.2.1 – Objectives of Harvest Trail Services

3.3. What are the requirements of Harvest Trail Services?For information on the requirements for HTS, please refer to RFT section 2.2.4 – Requirements for Harvest Trail Services.

Reference: RFT section 2.2.4 – Requirements for Harvest Trail Services

3.4. In what locations will Harvest Trail Services be available?

Harvest Trail Services will be available in 16 Harvest Areas. Please refer to RFT section 2.2.3 – Harvest Areas for a list of locations where HTS will be available.

Reference: RFT section 2.2.3 – Harvest Areas

3.5. Will there be multiple providers for a Harvest Area?No. One HTS Provider will be selected per Harvest Area and will be required to provide coverage across the entire Harvest Area(s) that they are selected to service.

Reference: RFT section 2.2.2 – Harvest Area coverage and sites


3.6. How many sites is a Harvest Trail Services Provider required to have in a Harvest Area?

The department does not prescribe the number of sites a HTS Provider must have in each Harvest Area, however the department expects that a HTS Provider will establish sufficient sites of a suitable nature that supports the expected harvest labour demand across each Harvest Area in which they deliver Harvest Trail Services.

Reference: Draft HTS Deed clause 76.1

3.7. Will sites need to meet specific criteria?Sites should operate on Business Days during periods of expected harvest labour demand and meet the department’s requirements in relation to accessibility, information management and security as detailed in the Harvest Trail Services Draft Deed.

Reference: Draft HTS Deed clause 5 – Location and timing of the Services and Chapter A3.1

3.8. Does the reference to grains include cereal crops?The definition of Harvest Crops includes all broad acre crops including cereal crops.

3.9. Will a Harvest Outcome Fee be payable to a Harvest Trail Provider who is also an Employment Service Provider if the participant is registered with another Employment Service Provider?

An Outcome Fee will be paid to both the Employment Services Provider, who has the participant on its caseload, as well as a Harvest Outcome Fee to the HTS Provider even if the HTS Provider is also an Employment Services Provider. However, where the participant is on the caseload of an Employment Services Provider arm of a Harvest Trail Provider Organisation, only one of the Harvest Outcome Fee or another Outcome Fee will be paid.

3.10. Can I have a breakdown of the expected number of placements for each Employment Region?

Tenderers can make decisions regarding possible placement numbers based on their own knowledge of the Harvest Areas as well as Labour Market data available at lmip.gov.au and DSS Demographics data.


https://data.gov.au/dataset/ds-dga-cff2ae8a-55e4-47db-a66d-e177fe0ac6a0/distribution/dist-dga-3d7891bc-6861-47c8-b967-f8807059fa83/details?q=DSS%20Demographics

http://lmip.gov.au/

3.11. Are existing Employment Services Providers eligible to apply for the Harvest Trail RFT?

Yes. The RFT does not preclude current Employment Services Providers.

3.12. Will jobactive job seekers who are referred to Harvest Trail Services remain in jobactive while undertaking the work?

Yes, job seekers who are referred to HTS will remain in jobactive while undertaking the Harvest Trail work. HTS Providers will work with the relevant jobactive or other Employment Services Providers to support job seekers.

3.13. Will jobactive providers who are also providing Harvest Trail Services be able to refer their own job seekers to their own Harvest Trail Services?

Harvest Trail Services providers can place any eligible Harvest Worker into Harvest Work. This includes job seekers on its own Organisation’s jobactive caseload. However, when the job seeker is on their own Organisation’s caseload, the Organisation will need to choose between claiming a Harvest Outcome Fee or a jobactive Outcome Fee, not both.

3.14. Where HTS is in place for a region, are all jobactive providers obligated to place participants though the HTS provider for placements with agriculture employers?

No. jobactive providers are not obligated to place participants through the Harvest Trail Services Provider.

3.15. If a jobactive provider who is also a HTS provider chooses to take either a jobactive or HTS outcome, does this performance go towards both jobactive and HTS contract KPIs?

Where a dual provider (HTS and jobactive) opts to take either a jobactive or HTS outcome, performance is counted against both: the HTS and jobactive KPIs, if the specific conditions for both outcomes are met.


4. Harvest Trail Information Service

4.1. What is Harvest Trail Information Service?The Harvest Trail Information Service (HTIS) provides information regarding harvest-related work opportunities across Australia, including in areas not serviced by HLS providers.

4.2. What are the objectives of Harvest Trail Information Service?

The objectives of the Harvest Trail Information Service (HTIS) are:

to collect information about harvest related work opportunities across Australia and disseminate to people with working rights

to build Harvest Employers’ awareness of how HTS can meet their recruitment needs to advise the department on the scale and causes of real or perceived Harvest Work-

related skills and labour shortages including forecasting fluctuations in labour demand in the horticultural industry.

Reference: RFT section 2.3.1 – Objectives of Harvest Trail Information Service

4.3. What are the requirements of Harvest Trail Information Service?

For information on the requirements of HTIS, please refer to RFT section 2.3.2 – Requirements for Harvest Trail Information Service.

Reference: RFT section 2.3.2 – Requirements for Harvest Trail Information Service

4.4. Where can I find information on the current Harvest Labour Services and the National Harvest Labour Information Service?

Further information on the current Harvest Labour Services and the National Harvest Labour Information Service is available on the department’s Harvest Labour Services website (employment.gov.au/harvest-labour-services).

Reference: RFT section 2.1 – Introduction


4.5. What does the national contact and communication centre do?

For information on the national contact and communication centre please refer to RFT section 2.3.2.1 – National contact and communication centre

Reference: RFT section 2.3.2.1 – National contact and communication centre

4.6. What is the Harvest Trail jobs board?The Harvest Trail jobs board lists all vacancies, advertised on jobactive, that are flagged as seasonal work in harvest occupations.

4.7. What is the Harvest Trail website?The Harvest Trail website contains up-to-date harvest-related information on towns and crops in horticultural areas throughout Australia.

4.8. What is included in town information?Town information includes the town’s location, how to get there, details of the Tourist Information Centre and types of accommodation available.

Reference: RFT section 2.3.2.3 – Town and crop information

4.9. What is included in crop information?Crop information includes locations where the crop is grown, types of work involved and physical work conditions, peak work periods such as times for planting, pruning and picking.

Reference: RFT section 2.3.2.3 – Town and crop information

4.10. What information is included in the quarterly report?The HTIS Provider will produce a quarterly report providing an overview of the State of the Australian Harvest Trail Market, identifying issues (approximately 20-30 pages and less than 6000 words). Refer to RFT section 2.3.2.2 – State of the Australian Harvest Trail Market Report for more information.

Reference: RFT section 2.3.2.2 – State of the Australian Harvest Trail Market Report


4.11. Who develops the Harvest Guide?The Harvest Guide will be developed by the department using content provided by HTS Providers and the HTIS Provider.

Reference: RFT section 2.3.2.4 – Printing and distribution of the Harvest Guide

4.12. Who will print the Harvest Guide?The HTIS Provider is required to print up to 7000 copies every six months using the most up-to-date version of the Harvest Guide (to be provided by the department).

Reference: RFT section 2.3.2.4 – Printing and distribution of the Harvest Guide

4.13. Does the Harvest Trail Information Service Provider have access to the department’s IT system?

Yes. The national contact and communication centre will deliver Harvest Employers with a vacancy listing service. This will involve accessing the Department’s IT systems to post vacancies on the Harvest Trail jobs board.


4.14. What are the features of the online HTIS?Please refer to the Request for Tender for Harvest Trail Services 2020—2023 and Harvest Trail Information Service 2020—2023 (RFT) section 2.3.2 in its entirety for a full description of the requirements for HTIS including online features.

Reference: RFT section 2.3.2 – Requirements for Harvest Trail Information Service

4.15. Does the telephone HTIS need to be operational in all states and territories from 8.00 am to 8.00 pm their time?

Yes. The telephone HTIS needs to be operational in all states and territories from 8.00 am to 8.00 pm Monday to Friday, taking into consideration daylight savings. Refer to RFT section 2.3.2.1 – National contact and communication centre for more information.



5. Employment Service Providers

5.1. Who are mainstream Employment Service Providers?Mainstream employment services providers includes: jobactive; Transition to Work; Disability Employment Services; and the Community Development Program.

5.2. Do I need to work with Employment Service Providers?

Yes. HTS providers are required to collaborate with Employment Service Providers to help source, place and support Harvest Workers into Harvest Work.

Reference: RFT section 2.2.4 – Requirements for Harvest Trail Services


6. Harvest Workers

6.1. Are all visa holders eligible to work in Australia?Not all visas allow the holder to work in Australia. Please visit the Department of Home Affairs Website to check work rights for visas.

6.2. How do I manage Harvest Worker’s personal information?

The Privacy Act 1988 (Cth) regulates the handling of personal information (including sensitive information) of individuals by government agencies and certain private sector organisations, including the collection, storage, use and disclosure of that information.

Please refer to RFT section 5.2.4 – Privacy and RFT section 5.2.9 – Values, Code of Conduct and Security for more detailed information.

Reference: RFT section 5.2.4 – Privacy; RFT section 5.2.9 – Values, Code of Conduct and Security


7. Payments

7.1. What are the payments arrangements?Payments are set out in the RFT in section 2.2.5 – Harvest Trail Services payments and section 2.3.3 – Harvest Trail Information Service fees.

Reference: RFT section 2.2.5 – Harvest Trail Services payments; RFT section 2.3.3 – Harvest Trail Information Service fees

7.2. What is the Harvest service fee?The HTS Harvest service fee of $220,000 per year is payable quarterly in advance for each Harvest Region a Provider of HTS is selected to service.

Reference: RFT section 2.2.5 – Harvest Trail Services payments

7.3. When will the Harvest service fee be paid?The payment of the first instalment of the Harvest service fee may be claimed by the Provider on 1 July 2020. The second and subsequent instalments of the Harvest service fee may be claimed at the start of each financial quarter upon receipt of a tax invoice and approval of the HTS Provider’s quarterly report or annual report by the department (as appropriate).


7.4. What is the Harvest placement fee?The HTS Harvest placement fee of $55.00 (GST Inclusive) is payable per eligible placement into Harvest Work.


7.5. Can I claim more than one Harvest placement fee for a placement?

Providers of HTS may claim a maximum of one Harvest placement fee for placing a Harvest Worker with the same Harvest Employer, within a six month period.

Providers of HTS may claim a maximum of two Harvest placement fees for placing a Harvest Worker with different growers within a seven day period.



7.6. When will the HTIS service fee be paid?The HTIS service fee of $1,196,905 (GST inclusive) per year is payable quarterly in advance upon the department’s receipt of a tax invoice, delivery of a State of the Australian Harvest Trail Market Report and a quarterly report or annual report, to the satisfaction of the department.

This service fee must cover the full cost of delivering the HTIS. For more information refer to RFT Section 2.3.3 – Harvest Trail Information Service fees

Reference: RFT section 2.3.3 – Harvest Trail Information Service fees

7.7. Are payments in the RFT GST inclusive or exclusive of GST?

In the RFT, unless otherwise stated, all payment amounts are GST Inclusive and in Australian dollars.

Reference: RFT section 1.2 – Scope

7.8. Do individual Harvest Areas only have one Harvest Service Fee applicable despite some Harvest Areas having more than one Statistical Area to service?

Each individual Harvest Area will attract one Harvest service fee. Refer to RFT section 2.2.5 – Harvest Trail Services payments for more information.



8. Responding to the Request for Tender

8.1. What is a character limit and what does this include?Each Selection Criterion has a specific character limit which includes punctuation, spaces and formatting (including carriage returns).

The character limit per Selection Criterion is as follows:

Selection Criterion 1 has a character limit of 10,000 characters HTS Selection Criterion 2 has a character limit of 20,000 characters HTS Selection Criterion 3 has a character limit of 20,000 characters HTIS Selection Criterion 2 has a character limit of 20,000 characters HTIS Selection Criterion 3 has a character limit of 20,000 characters

Reference: RFT section 3.3 – Responding to Selection Criteria

8.2. I am tendering for both HTS and HTIS. Do I need to address all Selection Criteria?

Yes. Tenderers must address Selection Criterion 1 once only at the organisational level if tendering for HTS and/or HTIS. Tenderers must submit responses to HTS Selection Criteria 2 and 3 for each Harvest Area for which the tenderer is proposing to deliver HTS. Tenderers must submit responses to HTIS Selection Criteria 2 and 3 if tendering for HTIS.

Reference: RFT section 3.3 – Responding to Selection Criteria

8.3. How do I respond to the RFT?Organisations wishing to respond to the RFT must register with the 360Pro tender portal (tinyurl.com/360Pro-employment) to access all RFT documentation. Registration is available free of charge.

Reference: RFT section 1.2 – Scope

8.4. Can I apply through AusTender instead?No. Responses to the RFT must be submitted via 360Pro, not AusTender. Responses submitted via AusTender will not be accepted.

Reference: RFT section 3.4.1 – Tender lodgement


8.5. Will the department accept late responses?No. Tenders to the RFT must be lodged before the closing date and time of 12.00 noon (Canberra time), Monday 16 December 2019. The department will not accept a late tender, unless the tender is late due solely to mishandling by the department.

Reference: RFT section 3.4.4 – Late tenders

8.6. Can I include attachments with my RFT submission?No. The department will not accept any attachments submitted with a tender with the exception of those documents specifically requested by the department.

Tenders must be completely self-contained. No hyperlinked or other supporting material may be incorporated by reference.

Reference: RFT section 3.4.2 – Attachments and hyperlinks

8.7. How do I know my response has been submitted successfully?

When a tender has been successfully submitted, an official receipt is automatically emailed to the registered 360Pro user. Tenderers should save and print this receipt as proof of lodgement. Failure to receive a receipt means lodgement of the tender has not been completed correctly.

Tenderers should contact the hotline (ph: 1300 733 514 or email: [email protected]) as a matter of priority if they do not receive an official receipt and believe they have successfully submitted their response.

Reference: RFT section 3.4.6 – Proof of lodgement of tender

8.8. Can I change or withdraw my tender once it has been submitted?

Yes. Prior to the closing date and time, tenderers can re-open their submitted tender to make changes. Note that after re-opening a tender, tenderers must re-submit the amended tender.

A tenderer can withdraw from the process by re-opening its tender and not resubmitting it.

Reference: RFT section 3.4.7 – Changing or withdrawing tenders


8.9. If my organisation is a Group tenderer, are there any additional requirements to submit the response?

If lodging a tender as a Group tenderer, each member of the Group must individually satisfy the conditions for participation in section 3.1 of the RFT. If one member of the Group fails to satisfy the conditions for participation in section 3.1, the entire Group will be taken to have failed to satisfy the conditions for participation.

The Group must appoint a lead member to lodge the tender on behalf of all members of the Group and must complete and submit a Group tenderers Form in 360Pro.

Reference: RFT section 3.4.9 – Group tenderers; RFT section 3.1 – Conditions for participation

8.10. Is there a specific format to authorise a Lead Group tenderer?

There is no pre-set format or examples for this document. However, each Group member must put in writing that the lead Group member can act on their behalf. The document must be signed by the relevant Group member, and uploaded to 360Pro as part of the response.

8.11. If my organisation is part of a Group tender, can we also submit a stand-alone response for the same Harvest Area?

No. A tenderer can submit multiple tenders to this RFT where each tender relates to a different Harvest Area (i.e. one tender per Harvest Area).

A tenderer must not compete against itself within a single Harvest Area by submitting alternative tenders in respect of that Harvest Area or alternative tenders to deliver HTIS.

Reference: RFT section 3.4.11 – Competing entities

8.12. Can I subcontract all or part of the HTS?Yes. Tenderers must indicate if they intend to subcontract all or part of the Services. If a tenderer wishes to engage a subcontractor to conduct all or part of its proposed Services, the tenderer must complete and lodge the Nominated Subcontractors Form available from 360Pro detailing the proposed subcontracting arrangements.

Reference: RFT section 3.4.10 – Subcontracting arrangements


8.13. We have access to additional funds not fully or partially shown on our financial statements. Do I need to disclose this information?

Yes. If the tenderer has access to additional funds, documentary evidence should be included that substantiates:

a bank loan a line of credit access to financial support a guarantee.

If a guarantee is not from a bank, the guarantor should provide evidence of the capacity of the guarantor to honour the guarantee. This may take the form of financial statements.

Reference: RFT section 4.3.2 – Financial Viability Information

8.14. Can I classify information in my response as confidential?

Yes. Each tenderer must identify in the Confidential Information Form what information provided in their tender (and any attachments) it considers is confidential.

The Department of Finance provides guidance on what constitutes Confidential Information on their website (finance.gov.au/procurement). The department will treat your information as confidential based on these requirements.

Reference: RFT section 5.3.2 – Confidential Information

8.15. Do we have to obtain referees for our response?Each tenderer should provide up to two referee endorsements to verify claims in its response to the Selection Criteria for HTS and/or HTIS. A tenderer should provide up to four referee endorsements (up to two for HTS and up to two for HTIS) if tendering for both the HTS and HTIS.

Referee endorsements must be completed using the Referee Endorsement Form available from 360Pro.

Reference: RFT section 3.4.8 – Referees

8.16. Can current employees of the department be my referee?

No. Current employees of the department cannot be a referee for a tenderer.26 | Frequently asked questions – Request for Tender for Harvest Trail Services and Harvest Trail Information Service 2020—2023

Reference: RFT section 3.4.8 – Referees

8.17. What is a Conflict of Interest?An actual, potential or perceived Conflict of Interest means any matter, circumstance, interest or activity affecting the tenderer (including the officers, employees, agents and subcontractors of the tenderer) which may, or may appear to, impair the ability of the tenderer to perform the Deed and/or Contract diligently and independently.

Reference: RFT section 5.4.2 – Conflict of Interest

8.18. Can a group of organisations submit a response to deliver Harvest Trail Services 2020—2023?

Yes. A group of legal entities may respond as a Consortium, Joint Venture, Partnership or some other form of alliance (each a ‘Group tenderer’) in order to deliver HTS and/or HTIS.

A Group tenderer must specify in its tender the business structure and arrangement under which it proposes to deliver the Services (for example. Consortium, Joint Venture, etc.).

Reference: RFT section 3.4.9 – Group tenderers

8.19. Can we apply given that we receive public sector funding from the Government?

The department does not want to discourage responses from tenderers that receive other public sector funding. However, a tenderer cannot claim Payments from the department that would constitute double funding, that is, receiving a fee from another Australian Government, state, territory or local public funding source, including a different source within other departments, for providing the same or similar services.

Reference: RFT section 5.4.3 – Double funding

8.20. What is the aim of the Black Economy policy?As part of the 2018-2019 Budget and in response to the Black Economy Taskforce’s Final Report, the Government announced a range of measures to tackle the black economy including a commitment that, from 1 July 2019, Government procurement processes will exclude businesses that do not have a satisfactory tax record.


8.21. Where can I find information on Black Economy policy?

Please refer to the Black Economy – increasing the integrity of government procurement document, available at treasury.gov.au/sites/default/files/2019-03/p2019-t369466_0.pdf

8.22. What are the Statement of Tax Record requirements for subcontractors and/or Group tenderers?

Please refer to the table in RFT section 3.1 – Conditions for participation. Please note that section 3.1 was amended by Addendum No. 5.

8.23. I am a Group tenderer, do I need to provide STR(s) for each member of my group?

Yes. A Group tenderer must provide valid and satisfactory STR(s) for all group members.

8.24. What if I can’t provide a STR for one member of my Group?

If lodging a tender as a Group tenderer, each member of the Group must individually satisfy the conditions for participation in section 3.1. If one member of the Group fails to satisfy the conditions for participation in section 3.1, the entire Group will be taken to have failed to satisfy the conditions for participation.

8.25. How do I obtain a Statement of Tax Record?Refer to the Australian Tax Office’s website at ato.gov.au/Business/Bus/Statement-of-tax-record/

8.26. What if I don’t obtain a Statement of Tax Record by the closing date and time of the RFT?

If tenderers are unable to obtain a Statement of Tax Record (STR) by the closing date and time of the RFT, tenderers will need to provide a copy of the receipt demonstrating that the Statement of Tax Record has been requested from the Australian Tax Office.

8.27. What if I don’t submit either the STR or STR receipt prior to the closing date and time?

It is a condition of participation that if the tenderer does not hold a valid and satisfactory STR or Receipt prior to the closing date and time, the tender will be excluded from evaluation.


https://www.ato.gov.au/Business/Bus/Statement-of-tax-record/

https://treasury.gov.au/sites/default/files/2019-03/p2019-t369466_0.pdf

8.28. What is the deadline for submitting the Statement of Tax Record?

If a Receipt is submitted with a tender in lieu of an STR, the STR must be provided to the department within four business days from the closing date and time of the RFT. The deadline for the STR is 5.00pm (Canberra time) Friday 20 December 2019. Please email the STR to the Employment Services Purchasing Hotline [email protected].

8.29. My organisation is a Not for Profit, do I still need to provide a Statement of Tax Record?

Yes. There are no exemptions from the Black Economy Procurement Connected Policy for Not for Profit organisations. Not for Profit organisations are required to provide the relevant Statement(s) of Tax Record from the Australian Taxation Office.



9. Evaluation process

9.1. What is the department’s evaluation process?Following the closing date and time, the department will assess the tenders against the Selection Criteria in section 3.3 – Responding to Selection Criteria. For more information refer to RFT section 4.2 - Evaluation process.

Reference: RFT section 4.2 – Evaluation process

9.2. How is value for money assessed?In this procurement, the department’s consideration of value for money will include:

the assessment of tenders against the Selection Criteria specific to each stage of the procurement

fitness for purpose of the offer (extent to which government policy priorities are advanced) the tenderer’s relevant experience and performance history flexibility of the proposal including adaptability over the life of the Deed and/or Contract the optimisation and maximisation of procurement objectives for individuals, and

stakeholders considering the risk to the Australian Government obtaining the highest possible quality in service delivery

Commonwealth policy also requires the department to consider the economic benefit of the procurement to the Australian economy as part of its value for money assessment. For further information, please refer to RFT section 4.1 – Public Governance, Performance and Accountability Act 2013 (Cth).

Reference: RFT section 4.1 – Public Governance, Performance and Accountability Act 2013 (Cth)

9.3. Will the department contact me for further information?

The department may, at any stage of the evaluation process, contact tenderers (including members of a Group tenderer who are not the lead member) or nominated subcontractors, to clarify aspects of their tender, or seek additional information. This contact will be on a confidential basis and does not mean the department will be offering a Deed or Contract to the tenderer.

Reference: RFT Section 4.2 – Evaluation process


9.4. Who makes the final decision?The department’s Deputy Secretary of Employment and Small Business, is the Delegate for this process, and will consider the recommendations and make the final decisions.

Reference: RFT section 4.2.5 – Negotiations with tenderers and Final decisions

9.5. What if I do not agree with the decision?The decision of the Delegate is final. The department has a complaints handling process in place for the RFT. This is outlined in the RFT Appendix A - Communications Protocol.

Reference: RFT section 4.2.5 – Negotiations with tenderers and final decisions; RFT Appendix A -Communications Protocol

9.6. Can I receive feedback on my response to the RFT?Yes. All tenderers will, on request, receive a verbal debriefing following the announcement of the RFT process outcomes. The request for a debriefing must be made within one month of the final announcement of the outcomes of the RFT process.

Reference: RFT section 4.4 – Notification of outcomes


10. Communication

10.1. Who do I contact if I have a question about the procurement process?

Any questions about the process or services covered by the purchasing exercise should be lodged through the Employment Services Purchasing Hotline by emailing [email protected] or by calling 1300 733 514.

Reference: RFT Appendix A – Communication Protocol

10.2. Who do I contact if I want to lodge a complaint?The department has a complaints handling process in place for this RFT. This process requires, as is appropriate, involvement of senior management and officials independent of the process. If you have concerns about the Probity of this RFT process, you can raise these with the internal legal adviser, Shayne Howard ([email protected]). Where appropriate, Mr Howard may refer enquiries to the external Probity Adviser for further investigation. The external Probity Adviser is the law firm, Maddocks.

Reference: RFT Appendix A – Communication Protocol




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