Workforce Council is inviting tenders from suitably qualified persons or firms for the provision of external auditing services for the three years ending 30 June 2018 CLOSING TIME AND DATE: 4.00pm Australian EST Monday 26 October 2015 TENDER SUBMISSION Email completed Tender Application to: [email protected] ENQUIRIES TO June Lefebvre Contracts Officer [email protected] Tender - External Audit Services for the 3 years ending 30 June 2018 TENDER INFORMATION WORKFORCE COUNCIL INTRODUCTION Workforce Council is the peak body for the Health and Community Services workforce in Queensland. We deliver a range of workforce functions for the Health and Community Services industry, such as group workshops, strategic workforce planning, professional development, training tools and resources. We provide tailored consulting for areas such as change management, leadership and data collection, analysis and reporting. The Workforce Council is an autonomous, not-for-profit, incorporated association and a multipartite body, with membership drawn from employers, unions, peak bodies, indigenous organisations, training providers, government and regions. Workforce Council employs 33 staff and the organisation’s CEO is Doug Evans, who is responsible for the strategic operations and management. The Workforce Council’s finance functions are carried out under the control of Finance and Systems Coordinator, Myren Ceviker. FEES The fee quoted in the tender shall be for the initial year only and shall be fixed and shall not be subject to any variation. The method for determination of the fee for the remainder of the appointment must be detailed and must form part of the submission. TENDER BRIEF Workforce Council is required under Australian Charities and Not-for-profits Commission Act 2012 and the Australian Charities and Not-for-profits Commission Regulation 2013 to appoint a suitably qualified person as its auditor. The auditor reports to the Board of Workforce Council on the General Purpose Financial Statements of the organisation prepared annually in accordance with the Act. The auditor is also required to report to the Workforce Council on various matters prescribed by the Australian Code of Accounting Practice and Financial Reporting. TENDER ENQUIRIES Technical enquiries, tender document clarifications or site visit requests should be directed to the nominated tender enquiries officer: Workforce Council Officer: June Lefebvre Role: Contracts Officer Telephone: (07) 3234 0219 (Tuesday to Thursday) Email: [email protected] SUBMISSION REQUIREMENTS Tender Submissions will only be accepted by sending the application through the nominated email address ([email protected]) 2 Tender - External Audit Services for the 3 years ending 30 June 2018 Tender submissions must be received before 4:00pm (Eastern Standard Time) Monday 05 October 2015. Tenders should be: Quote the Tender number 9/2015 – Tender External Auditing Services on the email subject like All material to be prepared electronically in type no smaller than 10 point (not hand written); Include evidence of document copies requested such as insurance, certification etc. by attaching electronic (scanned) copies to the email submission sent to the Workforce Council. Review the final completed submission in its entirety before submitting TIMETABLE The following indicative timetable is provided for tenderers’ information. Workforce Council reserves the right to depart from the timetable, including without limitation the right to alter dates and to delete steps from or to add steps to the process, without prior notice to all or any tenderers. Timetable Tender advertising commenced Tender closing date Report to the Board recommending successful tenderers Notification and letter to successful tenderers 08 October 2015 26 October 2015 09 November 2015 16 November 2015 3 Tender - External Audit Services for the 3 years ending 30 June 2018 CONDITIONS OF TENDERING 1. DEFINITIONS CLAUSE The following key terms referred to in this Tender Request document shall, unless inconsistent with the context, have the meanings indicated: “ACNC” - Australian Charities and Not-for-profits Commission “Addenda” – shall mean an addenda to this Tender Request document issued by Workforce Council as and when required. Addenda may be issued to amend, alter, clarify, add to or remove from the form and contents of the Tender Request document or to effect modifications to the Tender Request document. Addenda shall be forwarded to tenderers by way of a Notice to Tenderers. ”Closing Date” – shall mean the last date for lodgement of tenders as specified in this Conditions of Tendering or such later date as may be notified in writing to the tenderer by the Workforce Council. ”Closing Time” – shall mean the last time for lodgement of tenders as specified in this Conditions of Tendering or such later time as may be notified in writing to the tenderer by the Workforce Council. “Conditions of Tendering” – shall mean the tender requirements set out in this document. “Confidential Information” – shall include all information not in the public domain. “Contract” – shall mean a formal agreement between two or more parties binding). (legally “Contractor” – shall mean the person, firm or company with whom Workforce Council enters into a Contract. “Offer” – a written offer to complete certain work or supply certain items for certain amount money. Where Tender, Quotation, Expression of Interest, Panel of Providers are referred to in this document they shall be treated as and termed “Offer” regardless of the value. “Selection Criteria” – the various evaluation categories which will be used to determine the advantageous offer to Council before establishing a Contract. “Specification” – a list of clear and precise statements of the minimum acceptable of items or the services. “Tender Enquiries Officer” – shall mean the nominated person whom may be contacted during the Tender Request period. The person’s details shall be listed in the Tender Information section of the Tender Request document. “Tender” – shall mean a written offer to complete certain work lodged by the Tenderer to within the requirements of the Tender Request document. 4 Tender - External Audit Services for the 3 years ending 30 June 2018 “Tenderer” – a person or company that intends to submit a written offer to Workforce Council to complete certain work within the requirements of the Tender Request document. “Tender Form” – shall mean the standard Tender Form that Tenderers must complete in entirety and submit as part of their offer to perform certain work. “Tender Request” – shall mean this document issued by the Workforce Council inviting offers to complete certain work. “Work” – shall mean the required output as specified in the Tender Request document. “Workforce Council” – shall mean Health and Community Services Workforce Council Inc. 2. INTELLECTUAL PROPERTY The information included in this Tender Request document is and shall remain the property of Workforce Council. Tenderers shall not disclose information in this document to any person or reproduce any information in this document except for the purpose of preparing an offer to Workforce Council. Tender documents received by Workforce Council will not be returned to the Tenderer. Upon submission of offers, Tenderers shall grant Council a permanent, irrevocable, royalty free licence to use and reproduce the submitted documentation for any purpose related to this Tender Request. 3. OBTAINING OFFER Full particulars of the works specified are included in this Tender Document. Alternatively, Tenderers may obtain full particulars of the works specified, including the Tender Request document, by emailing [email protected] 4. STATED OBJECTS Where the tender is for the execution of any work, tenderers may visit the site of the work and satisfy themselves of the risks, contingencies, local conditions, surrounding facilities and other circumstances having an effect on the tender and which is obtainable by the making of reasonable enquiries. Workforce Council will not be liable for any claim on the grounds of insufficient information. 5. INFORMATION ACCURACY Neither Workforce Council nor any of its employees, officers or advisers is liable or responsible in any way for the accuracy of information in the Tender Request document. The quantities and/or items (if any) supplied in the Tender Request document are for tender information only. Tenderers shall carefully examine the quantities to satisfy themselves that the tender is complete and correct and that the price offered covers the costs of complying with all relevant obligations and all matter and things necessary for the due and proper performance and completion of the work described in the Tender Request document. Tenderers may change quantities and add additional items to the Schedules as they deem necessary so as to accurately reflect the extent of the work. No claim relating to errors in the Schedule will be considered after the closing of the tenders. 5 Tender - External Audit Services for the 3 years ending 30 June 2018 6. TOTALITY Workforce Council shall not be bound by any verbal advice given or information furnished by any officer of the Council in respect of the tender, but shall be bound only by written advice or information furnished by the Workforce Council. 7. TENDER COMMUNICATION Workforce Council reserves the right to change any details of the Tender Request document before the closing date of the tender. If a change occurs to this Tender Request document, all tenderers whom have obtained tender request documentation directly from Council will be notified via a “Notice to Tenderers” sent to their email address that was registered with Council at the time of obtaining the Tender Request document. Any “Notice to Tenderers” issued shall form part of the Tender Documents. Tenderers shall direct all communications during the tender period to Workforce Council’s Officer as detailed in the Tender Information section of the Tender Request document. 8. COLLUSIVE TENDERING In consideration of being permitted to tender, the tenderer promises as a fundamental condition that: a) the tenderer is genuinely competing for the Contract; b) neither the Tenderer, nor any of its employees or agents, had prior knowledge of the tender price, or proposed tender price, of any other tenderer who submitted, or proposed to submit, a tender for work under the Tender Request; and c) it has not entered into any contract, arrangement or understanding to receive any money directly or indirectly from or on behalf of any other tenderer nor received any money or allowance from or on behalf of any other tenderer in relation to this tender or any contract to be entered into consequent thereon, nor will it receive any money as aforesaid. 9. TENDERING COST Workforce Council shall not be liable for costs, expenses or losses incurred by any tenderer in preparation of an offer to complete the work as per the Tender Request, document or any subsequent written request for additional information or contract negotiations. In the course of the evaluation process, Workforce Council may request additional information by way of clarification or otherwise. The cost of providing any additional information must be borne by the tenderer. 10. OFFER DEADLINE Tenders must be received before Monday 26 October, 4.00pm (Australian Eastern Local Time). 11. OFFER REQUIREMENT Each tender shall set forth the full Christian names, surnames and address of the tenderer, and, when the tender is in the name of a firm, the names in full and addresses of each member of the firm; when the tender is by a company, the tender shall set forth the name of the Company and the address of the registered office of the Company. 12. VALIDITY PERIOD Neither the tender, nor any alternative tender, shall be withdrawn prior to the expiration of one hundred and twenty (120) days from the date of closing of tenders, without the consent of Council. 6 Tender - External Audit Services for the 3 years ending 30 June 2018 13. OFFER VARIATION Offers shall not be subject to any variation in price contingent on variation in rates of wages, prices of materials, or other factor, e.g. Shipping or freight charges, etc. 14. GST & CURRENCY All tendered rates shall be GST exclusive and in Australian Dollars. Any tenderer that is not registered for GST must say so in its tender if it will not be registered when the Contract is entered into. Council will not unreasonably reject such a qualification. 15. PROPOSED PROGRAM Each tenderer shall show in their tender the time within which they are prepared to perform the contract, unless a time for completion of the contract is specified in the Tender Request document. 16. DISCREPANCIES, ERRORS & OMISSIONS If the contract to be tendered for is a Schedule of Rates Contract, each tenderer shall state, in the Schedule of Quantities and Rates provided, the rates at which they offer to carry out the various items of work and shall in addition state the total price arrived at by summing the itemised amounts. The sum to be inserted in the Tender Form shall agree with the total in the Schedule of Quantities and Rates and shall not be deemed to mean a Lump or Bulk Sum Contract, but is inserted merely to enable the Workforce Council to ascertain which tender is the lowest. If any error is made in the calculation or summation of the prices, the tenderer shall be bound by the rates stated in the Schedule and the amount stated in the Tender Form shall be altered by the Workforce Council to conform to the amount shown in the Schedule after correction. If the contract to be tendered for is a Lump or Bulk Sum Contract, each tenderer shall deposit with the tender a Schedule of Quantities and Prices fully priced, moneyed out to agree with the lump or bulk sum of the tender and signed by the tenderer. The lump or bulk sum shall be the stated lump or bulk sum of the Tender Form and shall agree with the correct addition of the itemised amounts. Before any tender shall be accepted and any correction shall be necessary in such Schedule of Quantities and Prices to arrive at the lump or bulk sum in manner hereinbefore in this Clause provided, the successful tenderer shall, without any undue delay, make such alterations in and to the Schedule of Quantities and Prices (and whether in the quantities thereof or in the rates as the Workforce Council shall consider necessary for such purpose). 17. NON CONFORMING TENDER A tender will be considered non-conforming if any information where specifically requested in the tender document has not been supplied with the tender submission. Any tender that has been submitted with additional conditions or qualifications or that has been submitted for part only of the requirements of the tender will also be deemed non-conforming. At Workforce Council’s sole discretion, non-conforming tenders will be either excluded from further consideration or may be clarified by the tenderer upon written request 7 Tender - External Audit Services for the 3 years ending 30 June 2018 18. OFFER EVALUATION In evaluating tenders, Workforce Council may take into consideration, but not be limited to, the following selection criteria: Value for money (tendered price) Availability – appropriate personnel’s’ time and visits to Workforce Council Demonstrated understanding of the brief Experience – with similar projects and quality of past work (reference checks), skills, qualifications and experience of the prospective audit team. Workforce Council reserves the right to accept or reject any or all offers and may reject and may readvertise the works at its absolute discretion. 19. INVITATION TO TREAT Workforce Council shall not be bound to accept the lowest or any tender, nor will Workforce Council be responsible for, or pay for, expenses or losses which may be incurred by any tenderer in the preparation of the tender. 20. RIGHT TO NEGOTIATE Workforce Council reserves the right to enter negotiations with tenderers after the closing date detailed in the Tender Request document. Council may request additional information or seek revised offers from tenderers in order to finalise a contract to complete certain work. After the closing date of the tender, every notice to be given to a tenderer shall be posted to the tenderer's address given on the Tender Form, and such posting shall be deemed to be good service of such notice, and the time mentioned in such notice or in these conditions for doing any act shall be reckoned from the time of posting the notice. If required, the tenderer shall submit additional information by the stipulated date and time to allow further consideration of the tender before any tender is accepted. Failure to meet this requirement may result in the tender being rejected. 21. OFFER ACCEPTANCE The whole of the works specified will be let in one contract, except in the case of a Schedule of Rates Contract, where such work is divided into sections or where the specification calls for one or more articles or sets of articles, in which case the Workforce Council reserves the right of accepting a Tender for the whole the works or separate Tenders or any one or more of the sections of the works, or for any one or more of the articles or sets of articles. Tenderers may offer an alternative price or prices to apply in the event of one or more sections of the work or one or more articles or sets of articles being accepted. 22. OFFER ACCEPTANCE Upon Workforce Council’s posting of a Letter of Acceptance to the awarded tenderer, a binding agreement to contract shall be acknowledged. 8 Tender - External Audit Services for the 3 years ending 30 June 2018 23. GROUNDS FOR TERMINATION Workforce Council reserves its right to terminate the contract arising out of the acceptance of offer and receive payment for any damages incurred, if any Contract is found to have been entered into as a result of a corrupt act such as bribery or other inducements by the tenderer or its employees. The appointed auditor may resign at any time during the currency of the appointment, subject to providing six months’ notice in writing, and Workforce Council reserves the right to appoint person or persons from the same firm who are qualified or any other person or persons who submitted tenders for this appointment, for the unexpired term of the appointment on the same terms and conditions as the original appointee, or call for new tenders. Should the provision of audit services and quality of staff engaged not satisfy the original tender specifications and the provisions of the Australian Charities and Not-for-profits Commission Act 2012 at any time during the contract period, Workforce Council reserves the right to terminate the contract with a minimum of one months’ notice. If Workforce Council ceases to be an incorporated association, during the term of appointment, then the contract for audit services will be terminated after the finalisation of the last financial account of Workforce Council. 24. DISPUTE RESOLUTION The parties agree that any dispute arising in relation to this contract will be dealt with as follows: first, the party claiming that there is a dispute will send to the other a notice setting out the nature of the dispute; secondly, the parties will try and resolve the dispute by direct negotiation; thirdly, the parties have 15 Business Days from the sending of the notice to reach a resolution or to agree that the dispute will be submitted to the Institute of Chartered Accountants or Certified Practicing Accountants for determination. Despite the existence of a dispute, the auditing firm (unless requested in writing by the Workforce Council not to do so) must continue to perform the auditing services. NAME OF TENDERER: SIGNATURE: DATE: SIGNATURE OF WITNESS: END OF SECTION – CONDITIONS OF TENDERING 9 Tender - External Audit Services for the 3 years ending 30 June 2018 SPECIFICATIONS SERVICES REQUIRED Workforce Council is seeking tenders from suitably qualified persons or firms to carry out the following services: Audit of the General Purpose Financial Statements and Special Purpose Financial Statement of the Workforce Council for each year. Audit of expenditure of government grants requiring a separate audit report. Report on the conduct of the audit. The audit services shall include an attest audit coverage which can be defined as: An auditor’s report on general purpose financial statements prepared in accordance with a fair presentation framework designed to meet the common financial information needs of a wide range of users for a large registered entity. It meets the requirements of the Australian Charities and Not-for-profits Commission Act 2012 (ACNC Act). The minimum audit work necessary to enable an opinion to be expressed on the truth and fairness of the financial statements and compliance with any provisions of statues, ordinances, Code of Accounting Practice and Accounting standards related to the form and content of the Statements. In addition to the above, the services to be provided will include reasonable services which a professional auditor would normally supply. These could include services such as evaluating the effectiveness and efficiency of internal control and accounting systems and interpretations of relevant new or revised accounting standards or legislation. The auditor will be appointed for a period of 3 years from 1 July 2015 to 30 June 2018. This tender specification, tender documents submitted, a letter of appointment from Workforce Council and the acceptance of the appointment in writing by the auditor shall form the basis of the contract. OUTCOME OF AUDITING SERVICES The outcome of auditing services shall be: The provision of an audit opinion on the General Purpose Financial Statements of the Workforce Council. The provision of appropriate additional reports necessary in order to provide the services required as described in this tender specification. The provision of a management letter detailing any matters arising during the course of the audit and not otherwise reported. This letter should include any suggestions for improvement in efficiency or economy of resources detected during the course of the audit. The meeting of all agreed deadlines to ensure that reports are available within the statutory time required. Workforce Council would prefer that the final audit of General Purpose Financial Statements with sufficient time in between to allow completion of audit enquires and statement amendments. Workforce Council 10 Tender - External Audit Services for the 3 years ending 30 June 2018 requires the auditors to provide General Purpose Financial Statements audit opinions and conduct of audit report prior to completing above mentioned site visits. The auditor may be required to present their reports to a full meeting of Workforce Council Board and to address the Board on the audit and financial position of Workforce Council. QUALIFICATIONS OF AUDITORS Applicants must be qualified in accordance with the ACNC Act, and the regulations thereunder to audit a large charity: A registered company auditor An audit firm An authorised audit company. Workforce Council also requires that applicants be able to demonstrate experience in covering the audit of Incorporated Associations or Large Charities. suitable DUTIES OF THE AUDITOR The auditor shall provide the auditing services and carry out the auditing services with all reasonable skill and care. The auditor has discretion as to the manner in which the auditing services are to be performed but shall have regard to: Auditing practice and standard statements issued jointly from time to time by the Institute of Chartered Accountants and the Australian Society of Certified Practising Accountants; Auditing practice and standards issued by the Australian Charities and Not-for-profits Commission Act 2012 and the Australian Charities and Not-for-profits Commission Regulation 2013. Any other relevant legislative provisions. The auditor shall ensure that all relevant time deadlines are met to enable the audited financial statements to be available within the specified statutory time. The tender should include details of other services offered by the tenderer and the fee structure. WORKFORCE COUNCIL SYSTEMS Computer Information System Workforce Council operates Attaché Accounts and Payroll software applications. The following applications are currently in use: General Ledger, Creditors, Debtors, Receipting, Payroll, and Superannuation. Various other processes, including event management, contracts register and legal documents are maintained on different database. 11 Tender - External Audit Services for the 3 years ending 30 June 2018 Business Activities The Workforce Council offers the following services: Professional development (training) Tailored-consulting on workforce planning and strategy development Deliver government funded workforce initiatives Data Insights Insurances Workforce Council is covered for Public Liability and Professional Indemnity insurance. Workforce Council’s insurances are administered by CA Insurance Broker. Government Grants For the year ending 30 June 2016 Workforce Council received a Commonwealth grant funding, which requires a separate audit report. Current Auditor Council’s auditor for the contract period ended 30 June 2015 is: Karen King Chartered Accountant Dayboro, QLD Financial Statements Workforce Council’s financial statements are available by contacting Workforce Council’s Tender Enquiries Officer, June Lefebvre at [email protected] . WORK HEALTH & SAFETY Under the Work Health and Safety Act 2011 (WHS Act) and associated regulations and codes of practice, the primary duty to eliminate or minimise, as far as reasonably practicable, the risks to health and safety in the workplace is imposed on a person conducting a business or an undertaking (“PCBU”). The PCBU bears the primary responsibility for workplace safety. For the purposes of the WHS Act, both the Council and its contractors are PCBUs and therefore share an equal duty to ensure the health and safety of workers at the workplace. 12 Tender - External Audit Services for the 3 years ending 30 June 2018 CONDITIONS OF TENDERING ACKNOWLEDGEMENT OF TENDER REQUIREMENTS Tenderers must submit all of the information requested. Tenderers must also include an acknowledged copy of Workforce Council’s Conditions of Tendering (as amended if required) with their submission. Tenderers are responsible for checking the accuracy of the information submitted. No claim relating to errors in the Tender will be considered after the closing of Tenders. Tenderers may, if deemed necessary, submit additional information to fully define the extent of the work. The Tenderer shall be deemed to – Have examined carefully the contents of the tender documentation and any other information made available in writing by Council to the Tenderer for the purpose of tendering; Have examined all information which is relevant to the risks, contingencies and other circumstances having an effect on his/her tender and which is obtainable by the making of reasonable enquires; and Have visited the area before submitting a tender and familiarised themselves with the conditions, location of works, amenities, working areas and other relevant details. No additional claims for payment will be considered where the Tenderer has failed to inform themselves of the conditions prevailing within the area. Tenderers should be satisfied as to the correctness and sufficiency of the tender and that the price covers the costs of complying with all relevant obligations and all matters and things necessary for the due and proper performance and completion of the work described in the Tender Documents. The tendered price is to cover all costs for the services provided by the tenderer. NAME OF TENDERER: SIGNATURE: DATE: SIGNATURE OF WITNESS: 13 Tender - External Audit Services for the 3 years ending 30 June 2018 TENDER ASSESSMENT CRITERIA PRINCIPALS AND KEY PERSONNEL Applicants must set out the qualifications, experience and proposed capacity of all nominated personnel who will be in attendance during the conduct of the audit. These personnel will be required to have extensive experience in non for profit and medium to large charity auditing and be able to demonstrate detailed knowledge of Australian Accounting Standards and the Code of Accounting Practice. VISITS In relation to visits, applicants must provide the following information. • Number per annum • Duration • Approximate dates AUDIT TIME The tender should include the number of annual hours proposed for the audit by staff classification and hourly rate. FEE The applicant should set out its proposed fee arrangement (exclusive of GST), taking into account the following provisions: The tendered fee must be inclusive of all expenses of conducting the audit, must be fixed, and must not be subject to variation in the initial accounting period. The method of determination of the fee for the remainder of the appointment must be detailed and must form part of the submission. In tendering the proposed fee for auditing services, applicants must have regard to Workforce Council’s assessment and expectation that a maximum of 36 hours (annually) of direct, personal on-site attendance and involvement of the principal will be necessary for the proper conduct of the audit. PROFESSIONAL INDEMNITY INSURANCE Applicants should provide a Statement that their professional indemnity insurance complies with at least the minimum required by the Institute of Chartered Accountants or Australian Society of Certified Practicing Accountants and that they will maintain such insurance at that level for the term of the engagement. 14 Tender - External Audit Services for the 3 years ending 30 June 2018 CURRENT MEDIUM TO LARGE CHARITY OR NON-FOR-PROFIT CLIENTS Details of other large charitable organisations or NFP’s currently audited by the tenderer must be supplied. In assessing the applicant’s capacity to perform the audit of Workforce Council, consideration will be given to the tenderer’s auditing experience of organisation similar in size and nature to Workforce Council. REFEREES The names of at least two referees should be supplied. Such referees should be senior representatives of other audit clients. OTHER INFORMATION Details may be provided of any other information which it is felt will support the application for the provision of audit services. 15 Tender - External Audit Services for the 3 years ending 30 June 2018 CONFLICT OF INTEREST TENDER DOCUMENT 9/2015 I/We (Tenderer or Joint Venture) the parties to this submission have considered the implications of making this submission or of providing the services which are subject to this tender and: Either: (a) have satisfied ourselves that no relationships exist between this company and any other company, body, association or like organisation or any individual or group of individuals who might have an interest in the subject of this Tender. Or: (b) have identified the following relationships which might be considered as possible conflicts of interest: (insert a statement of the relationships) In the event of such relationships arising in the course of preparing a submission or after having presented a submission, the parties will immediately inform the Workforce Council’s Contract Officer, who may take such action necessary to ensure that the outcome of the tender process is not compromised. Tenderer's Name: ______________________________________ Signed: _____________________________________________ Date: _____________________________________________ 16
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