PILOT STUDY TO TRIAL THE IMPLEMENTATION OF THE NATIONAL PROFESSIONAL
STANDARDS FOR TEACHERS
TO
THE AUSTRALIAN INSTITUTE FOR TEACHING AND SCHOOL LEADERSHIP
REQUEST FOR PROPOSAL
1 JUNE 2011
LODGEMENT OF PROPOSALS:
Proposals must be sent to the email shown below.
REQUEST FOR PROPOSAL 1106-01
Closing time and date: 5.00pm, Wednesday 15 June 2011
ATTENTION: Ms Anne Loos
AITSL
PO Box 177
Carlton South VIC 3053
Or delivered to:
AITSL Office
Level 7
440 Collins St
Melbourne VIC
Or emailed to:
Email: anne.loos@aitsl.edu.au
Note: Proposals will not be accepted at any address other than that shown above.
1
EXECUTIVE SUMMARY
The Australian Institute for Teaching and School Leadership (AITSL) was established on 1 January 2010
to provide national leadership for the Commonwealth and state and territory governments in promoting
excellence in the profession of teaching and school leadership.
A key priority for AITSL is the development and implementation of the National Professional Standards
for Teachers (the Standards). This work is an important element of the National Partnership Agreement
on Improving Teacher Quality, which is designed to provide a coordinated national approach to attract,
develop, support and retain quality teachers in schools and classrooms.
The Standards and their descriptors represent an analysis of effective, contemporary practice by
teachers throughout Australia.
The national consistency inherent in the Standards will contribute to the ease of mobility of the Australian
teaching workforce. The Standards will increase public confidence in the professionalism of teachers,
providing a public statement of what parents and the community can expect of effective Australian
teachers.
The development of the Standards has been an extensive national process drawing on external
research as well as expert knowledge from key educationalists across Australia.
In 2010, under the auspice of the Australian Education, Early Childhood Development and Youth Affairs
Senior Officials Committee (AEEYSOC), a draft of the National Professional Standards for Teachers was
finalised. The draft Standards were the subject of extensive consultation and a rigorous validation
process. Almost 6,000 teachers participated in this process. The analysis of this feedback informed the
final version of the Standards.
Following endorsement of the Standards in December 2010 by the Ministerial Council for Education,
Early Childhood Development and Youth Affairs (MCEECDYA), the Standards were released by
Education Ministers on 9 February 2011.
The use of the Standards will be trialled within existing processes and practices in schools, school
systems and associated organisations. It is intended that the outcomes of these pilots will determine
what further is required to support implementation of the Standards across Australia.
AITSL invites proposals from interested individuals, organisations and consortia with demonstrated
capacity and ability to design, develop, undertake and report on a pilot study to trial the use of the
National Professional Standards for Teachers.
AITSL expects the contract will commence at the beginning of term 3 (August 2011) and be completed
half way through term 4 (mid November 2011).
2
TABLE OF CONTENTS
SECTION A ~ INTRODUCTION
5
AITSL procurement policy .......................................................................................................................................... 5
Structure of this Request for Proposal .................................................................................................................... 5
Disclaimer ....................................................................................................................................................................... 6
SECTION B ~ CONDITIONS OF PROPOSAL
6
1.
1.1
Preparation and lodgement of proposals ............................................................................................... 6
Further information - Requests from potential respondents to AITSL.......................................... 6
2.
1.2 Lodgement of proposals ................................................................................... 7
1.3 Ownership of proposal documents.................................................................... 8
1.4 Alterations and amendments to proposals ........................................................ 8
1.5 Supporting material .......................................................................................... 8
Proposal response ....................................................................................................................................... 9
3.
2.1 Proposal to remain open................................................................................... 9
2.2 RFP timeframe ................................................................................................. 9
2.3 Language and measurement ............................................................................ 9
2.4 Offered prices ................................................................................................... 9
2.5 GST and other Government taxes, duties and charges ...................................10
2.6 Privacy ............................................................................................................10
2.7 Respondents to inform themselves ..................................................................10
2.8 Confidentiality ..................................................................................................11
Assessment of proposals ........................................................................................................................ 11
4.
5.
3.1 Assessment criteria .........................................................................................11
3.2 Assessment methodology ................................................................................12
Supplier appointment ............................................................................................................................... 12
Information to be provided by the respondent ................................................................................ 13
6.
5.1 Profile of respondent .......................................................................................13
5.2 Further Information - Requests from AITSL to respondents .............................13
5.3 Subcontracts ...................................................................................................13
5.4 Statement of compliance .................................................................................14
5.5 Service related issues......................................................................................14
5.6 Cost details......................................................................................................14
5.7 Price variation ..................................................................................................14
Intellectual Property Rights .................................................................................................................... 14
SECTION C – STATEMENT OF REQUIREMENT (PANEL TRAINING)
15
ATTACHMENT 1
21
Response forms .......................................................................................................................................................... 21
1.1 Clause 5.1.1 - Profile of respondent.................................................................21
1.2 Clause 5.3.2 - Subcontracts.............................................................................23
ATTACHMENT 2
24
Compliance checklist ................................................................................................................................................. 24
3
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Section A .........................................................................................................24
Section B .........................................................................................................24
Section C .........................................................................................................28
Attachment 1 ...................................................................................................29
Attachment 2 ...................................................................................................29
Attachment 3 ...................................................................................................30
Attachment 4 ...................................................................................................29
ATTACHMENT 3
30
Declaration by respondent ...................................................................................................................................... 30
ATTACHMENT 5
1
Draft Contract ............................................................................................................................................................... 1
4
SECTION A ~ INTRODUCTION
Background to the Australian Institute for Teaching and School Leadership Limited
The Australian Institute for Teaching and School Leadership (AITSL) was established on 1 January
2010 to provide national leadership for the Commonwealth, state and territory governments in
promoting excellence in the profession of teaching and school leadership with funding provided by the
Australian Government.
Three of the Institute’s objects are to:

foster and drive high quality professional learning for teachers and school leaders

support and advance the quality of teaching in Australian schools and other educational settings

support and advance the quality of leadership in Australian schools and other educational
settings.
AITSL is registered as a public company limited by guarantee under the Corporations Act 2001 and is
subject to the provisions of the Commonwealth Authorities and Companies Act 1997.
Further information is available at www.aitsl.edu.au
AITSL procurement policy
The objectives of AITSL’s procurement policy are to provide services in the most cost effective and
timely manner to ensure that the needs of AITSL are satisfied.
The underlying principle of the procurement policy requires that the procedures and methods adopted
not only should be, but should be seen to be, beyond reproach. This can only be achieved if:
a. all who are able to do business with AITSL are given the opportunity to do so
b. AITSL maintains a reputation for fair dealing in its arrangements with suppliers
c. best value for money is an underlying factor in all transactions, i.e. the goods and/or services
are of satisfactory quality and availability and suitable for the desired purpose, and the prices
represent best value for money.
AITSL’s procurement policy is based on the Commonwealth Procurement Guidelines under the
Financial Management and Accountability Regulations 1997.
Structure of this Request for Proposal
This Request for Proposal (RFP) document is structured in the following manner:
Section A
The Introduction, which provides respondents with background on AITSL and
its objectives, the objectives of the AITSL procurement policy, a summary of
the structure of the RFP document and a disclaimer.
Section B
The Conditions of Proposal, which provides respondents with guidance on
5
preparing a proposal, advice about information that respondents should
include, and the evaluation criteria should enable a full and fair assessment
of the proposal.
Section C
The Statement of Requirement, which provides respondents with a brief
background to this RFP, and details of the services being sought, together
with minimum requirements for support and delivery.
Attachment
This provides respondents with Response Forms on which they may supply
information sought in this RFP.
Attachment 2
A Compliance Checklist to assist respondents to submit compliant offers.
Respondents are to return the completed Compliance Checklist to address
the requirements of this RFP.
Attachment 3
The Declaration by Respondents in which respondents declare that the
information contained in their proposal is true, and which respondents must
complete, and sign, and return with their proposals.
Attachment 4
The Draft Contract, which is provided as an indication of the terms and
conditions likely to apply, and generally will constitute the document to be
signed by AITSL and the successful respondent.
Disclaimer
AITSL is not committed contractually in any way to respondents to this RFP.
The issuing of this RFP does not commit or otherwise oblige AITSL to proceed with any phase or part
of the project described herein.
Any figures and estimates contained within this document are indicative only and are supplied as a
guide to prospective respondents and as such no warranty to their accuracy is given.
‘AITSL’ means the Australian Institute for Teaching and School Leadership Limited.
SECTION B ~ CONDITIONS OF PROPOSAL
1. Preparation and lodgement of proposals
1.1
Further information - Requests from potential respondents to AITSL
1.1.1
Inquiries by potential respondents for further information, or queries regarding the RFP,
should be directed to:
Name: Anne Loos
Position: Manager
Australian Institute for Teaching and School Leadership (AITSL)
Telephone: 03 8330 9489
6
Facsimile: 03 9910 9804
E-mail: anne.loos@aitsl.edu.au
1.1.2
Answers to requests by potential respondents for further information may be given orally or
by written notice (including by email) from AITSL, at its sole discretion.
1.1.3
Where, in the opinion of AITSL, further information provided to one potential respondent
should be provided to all potential respondents, such information will be given the same
distribution as the original RFP.
1.2
Lodgement of proposals
Proposals must be lodged before the proposal closing time and date stated at paragraph
1.2.2
below.
Proposals
may
be
provided
electronically,
emailed
to
teacherstandards@aitsl.edu.au. Proposals may also be lodged in hard copy, in which case
there should be four copies plus an electronic version provided on CD or USB stick.
1.2.1
Electronic copies of proposals must be provided as a PDF.
1.2.2
Hard copies of proposals will be enclosed in a sealed envelope or other sealed container,
and be endorsed as follows:
“REQUEST FOR PROPOSAL 1106”
Closing time and date: 5.00 pm on 10 June 2011
ATTENTION: Ms Anne Loos
AITSL
PO Box 177
Carlton South VIC 3053
Or delivered to:
AITSL Office
Level 7
440 Collins St
Melbourne VIC
1.2.3
Proposals may be sent through the mail as postal articles, hand-delivered or couriered to the
address above, provided the proposals are received by the closing time and date stipulated
in clause 1.2.2.
1.2.4
Proposals must not be sent by facsimile machine.
1.2.5
Late proposals, subject to the following paragraphs, will not generally be accepted.
1.2.6
Proposals lodged after the proposal closing time specified in paragraph 1.2.2 will be taken to
be “late proposals”. Late proposals will be registered separately and may be excluded from
the assessment process at the discretion of AITSL.
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1.2.7
Late proposals received in hard copy will be admitted to assessment if there is proof that an
official postal service or a courier service mishandled them. Respondents are, as a guide, to
allow approximately 48 hours for postal deliveries originating within Australia/New Zealand
and 96 hours for submissions from all other countries.
1.2.8
Following notification that its submission has failed to meet the proposal closing time in
paragraph 1.2.3 and is deemed to be a late proposal, the relevant respondent may be asked
to provide explanatory evidence in an appropriate form for consideration by AITSL.
1.2.9
The circumstances surrounding submission and receipt of the late proposal will form the
basis of the judgement on its admission to, or exclusion from, the assessment process. The
most important issue from the perspective of probity is whether the late respondent is likely
to have had an opportunity to obtain some unfair advantage from late submission.
1.2.10 A number of factors may be taken into account in deciding whether to accept late proposals.
The following list provides an indication of some relevant considerations:
a. how late the proposal is
b. the reasons given for lateness and evidence available
c. the length of time allowed for the preparation of the proposal
d. evidence of unfair practices.
1.3
Ownership of proposal documents
1.3.1
All proposal documents will become the property of AITSL upon lodgement.
1.3.2
Intellectual property rights in the proposal do not pass to AITSL with the property in the
proposal itself. However, by submission of the proposal, the respondent licences AITSL to
use and copy any proposal document to the extent necessary to conduct an efficient
selection process.
1.4
Alterations and amendments to proposals
1.4.1
Proposals containing alterations or erasures, and proposals in which information is not
clearly and legibly stated, may be excluded from consideration. The respondent must initial
any alteration made to a proposal.
1.5
Supporting material
1.5.1
Supporting material is material additional to the formal proposal and elaborating or clarifying
the formal proposal, but not altering it in any aspect. Supporting material may be provided
by the respondent or at the request of AITSL.
1.5.2
Supporting material must be provided by the deadline set for lodgement of proposals, unless
specifically requested by AITSL subsequent to that date.
8
1.5.3
The submission of supporting material, except where requested by AITSL, must be clearly
indicated in the formal proposal, and must include the relevant document name, chapter and
page reference where the material can be found.
1.5.4
Packages containing supporting material must be clearly labelled “Supplementary
Information - RFP 1106”.
1.5.5
Unsolicited supporting material received after the lodgement date will not be taken into
account in the evaluation of proposals.
1.5.6
Material presented as supporting material, but which effectively alters the formal proposal,
will not be taken into account in the evaluation of proposals.
2. Proposal response
2.1
Proposal to remain open
2.1.1
A proposal made in response to this RFP will remain open for acceptance for a period of six
months from the closing date of this RFP.
2.1.2
An unsuccessful proposal will expire on receipt by the respondent of written notification from
AITSL that its proposal was unsuccessful.
2.2
RFP timeframe
2.2.1
The timeframe proposed for the RFP process is as follows:
2.2.2
2.2.3
(a)
closure of RFP
15 June 2011
(b)
completion of proposal assessment
17 June 2011
(c)
completion of negotiations
30 June 2011
(d)
commencement of Contract (training in Melbourne)
25 June 2011
(e)
commencement of pilot study
1 August 2011
Respondents are advised that they may be required to make a presentation as part of the
proposal assessment process.
Respondents are advised that the timeframe is indicative only
2.3
Language and measurement
2.3.1
The proposal, including all attachments and supporting material, must be written in English.
Unless otherwise specified in the statement of requirement, measurement must be
expressed in Australian legal units of measurement.
2.4
Offered prices
2.4.1
Offered prices must be in Australian currency and exclude GST.
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2.5
GST and other Government taxes, duties and charges
2.5.1
The basis of Australian tax that will apply to a contract entered as a result of success under
this RFP is that governed by Australian GST tax legislation, as amended from time to time.
Invoicing and receipting procedures for the supplies will be in accordance with A New Tax
System (Goods and Services Tax) Act 1999 (the ‘GST Act’).
2.5.2
Respondents are advised that, subject to paragraph 2.5.1 above, all other taxes, duties and
charges imposed or levied in Australia or overseas in connection with the performance of a
contract, executed as a result of success under this RFP, must be borne by the successful
respondent.
2.6
Privacy
2.6.1
Respondents are advised that under the terms and conditions of the Draft Contract at
Attachment 4 the successful contractor will be required to take all reasonable measures and
procedures in regard to compliance with the use of any personal Information obtained,
acquired or provided while under any contract to accord with the provisions of the Privacy
Act 1988 (Cth), as amended from time to time.
2.7
Respondents to inform themselves
2.7.1
The onus is on the respondent to be aware of the contents of this RFP.
2.7.2
Respondents must specifically respond in order to every condition, statement of requirement
and query raised in the RFP.
2.7.3
Respondents are considered to have examined the RFP and any documents referred to in
the RFP and any other information made available in writing by AITSL to respondents for the
purpose of responding and satisfied themselves as to the correctness and sufficiency of
their proposals including proposed prices.
2.7.4
AITSL will not accept responsibility for any misunderstanding arising from the failure by a
respondent to comply with the statement of requirement or arising from any ambiguity
contained in the respondent's offer. Respondents are encouraged to contact the person
identified in section 1.1.1 of this RFP if they have any queries.
2.7.5
Where proforma documents have been provided, proposals should conform to the proforma.
Where no proforma has been provided, proposals should be clear, concise and relevant.
2.8
Confidentiality
2.8.1
Respondents are advised that, AITSL is not subject to the Commonwealth Freedom of
Information Act (FOI) 1982; however, the company will keep response information supplied
and identified as ‘confidential’.
2.8.2
AITSL must comply with legal processes and court orders that provide for the release of
documents.
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3.
Assessment of proposals
3.1
Assessment criteria
3.1.1
AITSL will have regard to the criteria listed below (not in order of priority) in assessing which
proposal represents best value for money.
3.1.2
Respondents are advised that the criteria listed below, which are not in order of priority, will
be applied in the assessment of proposals.
3.1.3
Respondents must ensure that, where a response is required to a specific criterion below or
elsewhere in the RFP, their proposals comprehensively address that criterion.
No.
1
2
3
Criteria
Capacity

A demonstrated capacity to provide the project deliverables to a high
standard within the required timeframe specified in the Statement of
Requirement (Section C), with details of any assumptions or constraints in
achieving those deliverables, and with timeframes expressly stated

Demonstrated financial viability to be able to complete the project based on
the most recent independent audited financial statements and any other
financial or business information offered to or obtained by AITSL.
Capability

Established reputation and record in the successful design, development
and delivery of relevant research/pilot studies.

High level of engagement with practising teachers and other relevant
stakeholders.

Demonstrated ability to critically analyse evidence/data/outcomes and
provide recommendations.

Knowledge and understanding of effective teaching and how the National
Professional Standards for Teachers may be used in practice.

Demonstrated ability to think creatively and constructively to achieve the
aims of the project

Ability to work effectively with AITSL and key stakeholders.
Quality



Quality of the proposal, including the appropriateness and feasibility of the
proposed approach to design, develop, undertake and report on the pilot
study.
A detailed description of how the pilot study will test the broad focus area,
making effective use of the Standards and Most Significant Change (or
like) methodology.
Inherent risks in the proposed approach and how the risks can be
11
managed.
4
Compliance
5

Degree of compliance with the requirements of this RFP including the
Statement of Requirement and sample contract.

Demonstrated capacity to seek and obtain compliance/permissions/ethics
clearance(s) from relevant jurisdictions where required.
Whole of project cost

All costs, fees, allowances and charges associated with the project will be
taken into account.
3.2
Assessment methodology
3.2.1
The assessment of proposals will be undertaken by a Selection Panel and will be checked
against the criteria listed in clause 3.1.3 including consideration of whether the proposal
represents best value for money.
3.2.2
AITSL reserves the right to seek further information from, or to enter into negotiations with,
one or more respondents prior to finalising the appointment of the contractor, without
notifying other respondents. Respondents may be invited to make a presentation to the
Selection panel, at AITSL’s cost.
3.2.3
Best and final offers may be sought before entering into any contract but should not be
relied on for any submission to this RFP.
3.2.4
Respondents will be notified in writing of the selection decision.
4.
Supplier appointment
4.1
AITSL proposes to appoint approximately 10 contractors.
4.2
AITSL reserves the right not to appoint any respondent as the contractor and not to accept a
non-complying response or the lowest offer. No response will be deemed as successful or a
successful respondent appointed until AITSL has notified the respondent in writing.
5.
Information to be provided by the respondent
5.1
Profile of respondent
5.1.1
Respondents will provide, in the appropriate response form at Attachment 1, the following
information as part of their proposals:
(a)
full legal name of respondent
(b)
any trading or business name
(c)
if a company:
12
(i)
registered office
(ii)
principal place of business and address
(iii)
date and place of incorporation
(d)
if registered for business purposes in Australia, the ABN and ACN
(e)
individual shareholders holding 5% or more of any issued share capital
(f)
any related entity within the meaning of the Corporations Act
(g)
particulars of any petition, claim, action, judgement or decision which would be likely to
affect adversely the respondent’s capacity to provide the requirement.
5.2
Further Information - Requests from AITSL to respondents
5.2.1
Each respondent will nominate a person to answer any queries that may arise during the
examination of proposals. The name, title, address, email address, telephone and facsimile
numbers of that person must be included in the Declaration by Respondents at
Attachment 3.
5.2.2
Where it is necessary for AITSL to direct specific queries to respondents during the
assessment process, the respondent may be requested to respond in writing to such queries
and must do so within three working days. The assessment process will not be delayed by
late responses. Where answers to specific queries are not provided promptly, assessments
will be based on the information provided in proposals.
5.3
Subcontracts
5.3.1
Respondents are advised that the selected contractor must not subcontract the whole of its
obligation but may, with the prior consent in writing of AITSL, subcontract part of its
obligation. This is required to be disclosed as part of the RFP response.
5.3.2
Respondents will provide, in the appropriate response form at Attachment 1, the names,
addresses and email addresses of subcontractors and other details of current and proposed
subcontracts for elements of the offered services that will be major in terms of quality,
technical significance or price.
5.4
Statement of compliance
5.4.1
Respondents will provide a statement of compliance that addresses each clause of the RFP
and the Draft Contract. Respondents must complete and return the Compliance Checklist at
Attachment 2.
5.4.2
Where there is no response to a clause, the respondents will be deemed, for evaluation
purposes, as not complying.
5.4.3
Where respondents wish to place conditions upon complying with individual clauses (partial
compliance), or do not wish to comply with a clause (non-compliance), respondents should
detail the extent of and reasons for such partial or non-compliance.
13
5.4.4
As partial or non-compliance will be considered during the evaluation of proposals, any
significant non-compliance with the terms and conditions of this RFP and Draft Contract may
render a proposal ineligible for further consideration.
5.5
Service related issues
5.5.1
Respondents will ensure that their responses provide AITSL with details and information
sufficient to assure AITSL that:
(a)
the respondent's company infrastructure and financial basis will support the provision
of the service level proposed by the respondent
(b)
service levels being offered will be guaranteed and maintained to meet AITSL’s needs
and requirements throughout the life of the Contract.
5.6
Cost details
5.6.1
Respondents must provide the pricing details (GST exclusive) of their proposal including the
basis for costings and details of significant cost items such as travel and venue hire.
5.7
Price variation
5.7.1
Offered prices will remain firm for the term of the contract.
6.
Intellectual Property Rights
6.1.1
The Draft Contract provided with these materials (Attachment 4) contains in Section 9
AITSL’s standard arrangements with respect to contractual intellectual property rights.
6.1.2
Respondents should familiarise themselves with these requirements. It is essential that the
proposal acknowledge this section of the Draft Contract, and that respondent’s make it clear
if the proposed arrangements are not acceptable to them.
6.1.3
A statement that the proposed intellectual property rights requirements are unacceptable will
not disqualify a proposal. It will indicate to AITSL that negotiation of this issue would be
necessary before any contract with a particular respondent could be finalised.
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SECTION C – STATEMENT OF REQUIREMENT (PILOT STUDY)
1.
OBJECTIVE:
1.1
The purpose of the National Professional Standards pilot projects is to trial the use of the
Standards within existing processes and practices. It is intended that the outcomes of these
pilots will provide further insight into how AITSL may best support and ensure effective
implementation of the Standards in a diversity of settings across Australia for a range of
purposes.
1.2
To achieve national consensus about, and enable a shared sense of ownership of, the
Standards.
2.
BACKGROUND:
2.1
The National Professional Standards for Teachers (NPST)
2.2
The development of the new National Professional Standards for Teachers began in
January 2009, initially under the management of the former Quality Sustainable Teacher
Workforce Working Ground and later the National Standards Sub-Group, with direction from
the Ministerial Council for Education, Early Childhood Development and Youth Affairs
(MCEECDYA).
2.3
AITSL assumed responsibility for this work in July 2010, followed by the validation of the
revised draft Standards in August 2010 and their finalisation by Education Ministers in
December 2011.
2.4
The National Professional Standards for Teachers are a public statement of what constitutes
teacher quality. They define the work of teachers and make explicit the elements of high
quality, effective teaching in 21st century schools which result in improved educational
outcomes for students.
2.5
The Standards do this by providing a framework which makes clear the knowledge, practice
and professional engagement required at four career stages: Graduate, Proficient, Highly
Accomplished and Lead.
2.6
Their development included a synthesis of the descriptions of teachers' knowledge, practice
and professional engagement used by teacher accreditation and registration authorities,
employers and professional associations. Each descriptor has been informed by teachers'
understanding of what is required at different stages of their careers.
2.7
The Standards align with the career pathways of the teaching profession and form the basis
for attracting, preparing, developing and supporting teachers. Through this alignment, the
Standards will be used to form the basis for;
a) accrediting initial service teacher education programs;
b) reliable, fair and nationally consistent registration; and
c) recognising and certifying exemplary teacher practice.
15
2.8
The Standards will be applicable in all Australian education contexts including different
levels of schooling, sectors and geographic and socioeconomic settings.
2.9
Validation of the NPST
2.10
An extensive validation process involving almost 6,000 teachers was undertaken by the
National Centre of Science, ICT and Mathematics Education for Rural and Regional
Australia (SiMERR) from July-October 2010.
2.11
The aim of the validation study of the Draft Standards was to validate the draft standards
proposed for the four career stages of teacher development against teacher perceptions of
the ‘difficulty’, and the ‘appropriateness’, ‘preparedness’ and ‘priority for development’ of the
descriptors, and through analysis of teacher comments about their career development and
of the nature of their work.
2.12
An experienced team of educators and researchers affiliated with the National Centre of
Science, Information and Communication Technology, and Mathematics Education for Rural
and Regional Australia (SiMERR National Centre) worked together to achieve this aim.
2.13
The validation project was designed to gather information from teachers across Australia in
such a way that the construct of the Standards reflects the views and aspirations of
classroom teachers. This was achieved through considering teachers’ views in several
distinct ways at each of the four Career Stages.
2.14
Almost 6,000 teachers participated in the validation process, through two online surveys,
focus groups in each jurisdiction and targeted discussions. The validated Standards provide
a common and nationally consistent language for professional discussions between
teachers, teacher educators, teacher organisations, professional associations and the
public.
3.
Update on the implementation of the NPST
3.1
AITSL is working closely with stakeholders to develop and collate a range of support
materials that will elaborate upon and provide examples of effective practice to support the
implementation of the Standards.
3.2
The purpose of the supporting documentation is to provide teachers, principals/school
leaders, regulatory authorities and employers with more detail about what the Standards and
their descriptors mean in general terms and what they mean in a variety of contexts.
3.3
The work of developing supporting materials will be phased over three years.
3.4
Elaborations and exemplifications are intended to provide support for teacher development
and for processes associated with accreditation, registration, certification, re-registration and
re-certification.
16
3.5
Evidence Guides will also be developed in collaboration with our education partners which
will be used to support the principles, policy and processes for accreditation, registration and
certification.
3.6
Evidence Guides will outline the artefacts and processes used for self- and system- directed
assessment and evaluation. These guides serve to identify the actions a teacher or
institution would normally perform in relation to undertaking the processes associated with
accreditation of initial teacher education programs, registration of teachers and certification
of teachers at the highly accomplished and lead levels.
3.7
This work will be undertaken in consultation and collaboration with advice from the
profession, professional associations, regulatory authorities, employers, unions and other
key education stakeholders across all states and territories, and government, independent
and catholic sectors.
3.8
AITSL has also engaged Education Services Australia, a key partner in the national
architecture of education reform, to develop a website system to support the National
Professional Standards for Teachers and all supporting documentation.
3.9
Important work around the use and application of the Standards is still to be undertaken and
until this time, teachers will continue to follow the registration and employment guidelines
particular to their jurisdiction and sector.
4.
SCOPE OF THE PROJECT
4.1
AITSL is seeking interested individuals, organisations or consortia to design, develop,
undertake and report on a pilot study to trial the use of the National Professional Standards
for Teachers within existing processes and practices.
4.2
The aim is to have a selection of approximately fourteen pilot studies which directly engage
teachers, principals and other key stakeholders, in trialling the Standards, for the intended
purposes, audiences and in different Australian education contexts.
4.3
juEach pilot will investigate a specific focus area that will inform what further is required to
support the implementation of the Standards.
4.4
The fourteen pilots will be comprised of approximately ten Australian and two international
trial partners. International trial partners will include the UK Teacher Development Agency
(TDA) and the US Council of Chief State School Officers (CCSSO). These international
partners will undertake two pilot projects each, based on the existing standards currently
being implemented in these jurisdictions.
4.5
Four of the Australian pilots will have a similar focus to the international pilots, based on
AITSL’s standards, to enable comparative analysis.
4.6
Each pilot study will focus on:
(a) one or more of the possible focus areas
(b) one or more Australian education contexts
17
4.7
Possible approaches may include, but are not limited to:
a)
b)
c)
b)
c)
d)
e)
f)
g)
h)
Investigating the use of the Standards to inform Initial Teacher Education programs
Investigating the use of the Standards to inform professional learning for teachers
Investigating the use of the Standards for teacher self-reflection
Investigating the use of the Standards to inform strategies for developing teacher
leadership capacity and take-up of highly accomplished and lead career stages
Supporting engagement with parents in providing feedback to teachers
Investigating the use of Standards to support teacher professional learning required for
registration
Mapping the Standards to performance appraisal processes
Linking the Standards to professional conversations/coaching/mentoring as the basis
for improvement
Investigating how different contexts in Australian schooling can be best supported by
the Standards:
 Aboriginal and Torres Strait Islander communities
 Regional, rural and remote settings
 Students with disability
 Low socio-economic status
 Early childhood
 VET in Schools (VETiS)
 Asia literacy
Investigating the use of the Standards to support the development of pre-service
teachers’ capabilities and to improve practicum experiences.
4.8
The pilot studies will commence in the first week of August (term 3) and conclude mid
November (term 4) 2011.
4.9
An expert research organisation will work with AITSL to support all of the pilot partners
undertaking the National Professional Standards for Teachers pilot projects.
4.10
Each pilot will form a case study which will be produced with data analysed using a
participatory monitoring and evaluation technique.
4.11
Each pilot partner will be required to undergo training in this participatory monitoring and
evaluation method to produce their case study report.
4.12
An expert research organisation will be engaged to train all pilot partners in the use of the
selected participatory monitoring and evaluation technique and case study preparation
techniques, and provide support for each pilot partner throughout the pilots to ensure
effective use of the research methodology and the collection of appropriate data/information.
4.13
The outcomes of the pilot study will be discussed by pilot partners at a final forum lead by
the research organisation in November in order to share pilot experiences and for the
researcher to collate final information and data. These outcomes will be provided to AITSL in
a written report by the expert research organisation in mid December 2011.
18
5.
THE PROPOSAL
5.1
The proposal should outline how you will design, develop and undertake the pilot study and
report on the outcomes. It will take into account the information provided in the Statement of
Requirement and with a strong evidence-based rationale identify:
a)
the objectives of the pilot study including proposed outcomes
b)
the pilot study design including the:
nominated purpose(s), audience(s) and context(s) in which the Standards are being
tested
methodology for how the Standards are to be trialled
support materials used (existing and purpose-designed) during and arising from the
pilot study
personnel to be engaged in the pilot study such as teachers, school principals and
other education stakeholders and their context i.e., level of schooling, sector,
jurisdictions, number and expert individuals or groups.
plan for liaising with personnel and stakeholders engaged in the pilot study
ethical clearance(s) for the conduct of research






c) members of the project team including their qualifications and experience, and
commentary on how the person’s expertise and experience will contribute to the study.
d) a budget, including where applicable, costs associated with personnel, travel and
accommodation, meeting expense (venue, equipment hire, catering), support material
development and estimated in-kind contribution. AITSL anticipates a budget range of
$20,000 - $25,000 per pilot study. In addition, AITSL will fund travel for two members of
the project team i.e. project director/senior team member or equivalent to attend the
training at the beginning of the project and the final forum at the end of the project.
6.
PROJECT DELIVERABLES
6.1
The successful proponent will design, develop, undertake and report on a pilot study to trial
the use of the National Professional Standards for Teachers within existing processes and
practices.
6.2
The deliverables will include:
(a) an agreed project plan detailing the pilot study objectives, design, key personnel and
budget by 15 July 2011.
(b) participation of up to two lead members of the project team in a one-day training session
in the selected monitoring and evaluation methodology. This will be held in Melbourne,
the week of 25 July 2011. (Note: AITSL will fund travel for up to two members of the
project team, in accordance with its best return fare of the day policy).
19
(c) regular progress updates on the pilot study to the expert research organisation,
consistent with the reporting specifications detailed in the consultancy agreement
between AITSL and the pilot partner.
(d) a case study report to be completed by 11 November 2011 and submitted to the expert
research organisation.
(e) participation of two members of the project team at a final forum in the week beginning
14 November 2011 to gather further information from pilot partners and enable partners
to share their findings and experiences.
6.3
The expert research organisation will provide AITSL with a final written report on the findings
of the pilot studies by 19 December 2011.
6.4
The final report will be provided to the AITSL Board for consideration in January 2012.
7.
TIMEFRAME
7.1
The Project is expected to commence on 25 July 2011 and be completed by mid December
2011.
Indicative timeline

RFP advertised
1 June 2011

RFP closes
15 June 2011

Panel selection and proposal assessment:
17 June 2011

Contract negotiations complete:
30 June 2011

Project commences (training in Melbourne):
25 July 2011

Pilots commence (term 3 and ½ term 4)
1 August – 11 November 2011

Pilot study progress report (to researcher)
Last week of September 2011

Final forum with pilot partners to collect info
Week of 14 November 2011

Draft final report:
5 December 2011

Final report:
19 December 2011
20
ATTACHMENT 1
Response forms
1.1
Clause 5.1.1 - Profile of respondent
Full legal name of respondent
Any trading or business name
If a company:



registered office
principal place of business and
address
date and place of incorporation
If registered for business purposes in
Australia, the ABN and ACN
Individual shareholders holding 5% or
more of any issued share capital
21
Related entities within the meaning of
the Corporations Act
Particulars of any petition, claim,
action, judgement or decision which
would be likely to affect adversely the
respondent’s capacity to provide the
requirement
22
1.2
Clause 5.3.2 - Subcontracts
Name, address, email address, and 1.
telephone and facsimile numbers of
subcontractors, and other details of
current and proposed subcontracts for
elements of the offered goods and
services that will be major in terms of
quality, technical significance or price
2.
3.
4.
5.
6.
23
ATTACHMENT 2
Compliance checklist
1.1
Section A
Noted

1.2
Section B
Clause
Com Noted
1.1
1.2
Compliant
Noncompliant/partially
yes 
compliant
1.1.1

yes

1.1.2

yes

yes
1.1.3

yes

1.2.1

yes
1.2.2

1.2.3
Explanation included
yes


yes

yes

yes


yes

yes

yes

yes

yes


yes

yes

yes

1.2.4

yes

yes

yes

1.2.5

yes

yes

yes

1.2.6

yes

yes

yes

1.2.7

yes

yes

yes

1.2.8

yes

yes

yes

1.2.9

yes

yes

yes

1.2.10

yes

yes

yes

1.2.11(a)

yes

yes

yes

yes

yes

yes

yes

yes

yes

yes

yes

yes

1.2.11(b)
1.2.11(c)
1.2.11(d)



1.3.1

yes

yes

yes

1.3.2

yes

yes

yes

1.4
1.4.1

yes

yes

yes

1.5
1.5.1

yes

yes

yes

1.3
24
Clause
Com Noted
Compliant
Noncompliant/partially
yes 
compliant
1.5.2

yes

1.5.3

yes

yes
1.5.4

yes

1.5.5

yes
1.5.6

2.1.1
Explanation included
yes


yes

yes

yes


yes

yes

yes

yes

yes


yes

yes

yes

2.1.2

yes

yes

yes

2.2.1

yes

yes

yes

2.2.2

yes

yes

yes

2.2.3

yes

yes

yes

2.3
2.3.1

yes

yes

yes

2.4
2.4.1

yes

yes

yes

2.5
2.5.1

yes

yes

yes

2.5.2

yes

yes

yes

2.6
2.6.1

yes

yes

yes

2.7
2.7.1

yes

yes

yes

2.7.2

yes

yes

yes

2.7.3

yes

yes

yes

2.7.4

yes

yes

yes

2.7.5

yes

yes

yes

2.8.1

yes

yes

yes

2.8.2

yes

yes

yes

3.1.1

yes

yes

yes

3.1.2

yes

yes

yes

3.1.3(1)

yes

yes

yes

3.1.3(2)

yes

yes

yes

2.1
2.2
2.8
3.1
25
Clause
3.2
4
5.1
5.2
5.3
5.4
Com Noted
Compliant
Noncompliant/partially
yes 
compliant
3.1.3(3)

yes

3.1.3(4)

yes

yes
3.1.3(5)

yes

3.2.1

yes
3.2.2

3.2.3
Explanation included
yes


yes

yes

yes


yes

yes

yes

yes

yes


yes

yes

yes

3.2.4

yes

yes

yes

4.1

yes

yes

yes

4.2

yes

yes

yes

5.1.1(a)

yes

yes

yes

5.1.1(b)

yes

yes

yes

5.1.1(c)i

yes

yes

yes

5.1.1(c)ii

yes

yes

yes

5.1.1(c)iii

yes

yes

yes

5.1.1(d)

yes

yes

yes

5.1.1(e)

yes

yes

yes

5.1.1(f)

yes

yes

yes

5.1.1(g)

yes

yes

yes

5.2.1

yes

yes

yes

5.2.2

yes

yes

yes

5.3.1

yes

yes

yes

5.3.2

yes

yes

yes

5.4.1

yes

yes

yes

5.4.2

yes

yes

yes

5.4.3

yes

yes

yes

5.4.4

yes

yes

yes

26
Clause
Com Noted
Compliant
Noncompliant/partially
yes 
compliant
5.5.1(a)

yes

5.5.1(b)

yes

yes
5.6
5.6.1

yes

5.7
5.7.1

yes
6.
6.1

6.2
6.3
5.5
Explanation included
yes


yes

yes

yes


yes

yes

yes

yes

yes


yes

yes

yes


yes

yes

yes

27
1.3
Section C
Clause
Noted
Compliant
Non-compliant/partially
compliant
yes 
Explanation
included
yes 
7.1

yes

7.2

yes

yes

yes

8.1

yes

yes

yes

8.2

yes

yes

yes

9.1

yes

yes

yes

9.2

yes

yes

yes

9.3

yes

yes

yes

9.4

yes

yes

yes

9.5

yes

yes

yes

9.6

yes

yes

yes

9.7

yes

yes

yes

9.8

yes

yes

yes

10.1

yes

yes

yes

10.2

yes

yes

yes

10.3

yes

yes

yes

10.4

yes

yes

yes

10.5

yes

yes

yes

11.1

yes

yes

yes

11.2

yes

yes

yes

11.3

yes

yes

yes

12.
12.1

yes

yes

yes

13.
13.1


yes




yes
13.2
yes
yes
yes

yes

14.1

yes

yes

yes

7.
8.
9.
10.
11.
14.
28
15.
16.
17.
1.4
14.2

yes

yes

yes

15.1

yes

yes

yes

15.2

yes

yes

yes

16.1


yes




yes
16.2
yes
yes
yes

yes

17.1

yes

yes

yes

Attachment 1
Response Forms
1.5
1.6
Profile of Respondent
Completed

Subcontracts
Attachment 2
Completed

Compliance Checklist
Completed

Completed

Completed

Attachment 3
Declaration by Respondent
1.7
Attachment 4
Draft Contract
29
ATTACHMENT 3
Declaration by respondent
The respondent offers to provide the goods and services (choose either or both) described at the
prices offered and on the conditions set out in this Request for Proposal.
The respondent declares that the information contained in this proposal is true.
Name:
Signature:
Official Position Held:
Date:
Duly Authorised to Sign Proposals for and on Behalf of (state full name of Company):
Registered Address:
Postal Address:
30
Email Address:
Refer Inquiries to:
Telephone: (
)
(please print)
Facsimile:
(
)
31
32
CONSULTANCY AGREEMENT
between
AUSTRALIAN INSTITUTE FOR TEACHING AND SCHOOL LEADERSHIP LIMITED
and
NAME OF CONSULTANT
2
CONTENTS
1
DEFINITIONS AND INTERPRETATION
3
2
PROVISION OF SERVICES
5
3
TIMING AND TERMINATION
6
4
SUBCONTRACTING
7
5
PAYMENT/FEES
7
6
TAXATION & SUPERANNUATION
8
7
LIABILITY, INDEMNITY AND INSURANCE
8
8
OWNERSHIP OF MATERIAL
8
9
INTELLECTUAL PROPERTY RIGHTS
9
10
ACKNOWLEDGMENT AND PUBLICITY
10
11
ACCESS
10
12
COMPLIANCE WITH LAWS AND POLICIES
11
13
CONFIDENTIALITY
11
14
PROTECTION OF PERSONAL INFORMATION
11
15
NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY
12
16
GOVERNING LAW
12
17
LIAISON
12
18
DISPUTE RESOLUTION
12
19
REPORTING
13
20
ENTIRE AGREEMENT AND VARIATION
13
SCHEDULE 1
16
3
PARTIES
Australian Institute for Teaching and School Leadership Limited, ABN 17 117 362 740 of Level 7, 440
Collins St, Melbourne, 3000 (‘AITSL’)
AND
Consultant’s name, ABN xx xxx xxx xxx, Registered business address (the ‘Consultant’).
RECITALS
A.
AITSL wishes to engage the Consultant to provide certain services, as specified in Schedule 1 (the
‘Services’).
B.
AITSL and the Consultant have discussed and agreed on all aspects of the Services to be
provided and the Consultant has submitted a proposal and quotation entitled “xxxxx xxxxxx” and
dated xxxxxx.
C.
The Consultant has the required skills and knowledge and warrants that it is available for the
purposes of this Agreement.
D.
AITSL has agreed to engage the Consultant to provide the Services upon the terms and
conditions contained in this Agreement.
The Parties agree as follows:
1
DEFINITIONS AND INTERPRETATION
1.1
In this Agreement, unless the context or subject matter otherwise requires:
‘Agreement’ means this document including schedules, annexures and attachments, to which
the signatories representing all Parties express agreement to the terms and conditions.
‘Commencement Date’ means the date this Agreement is signed by the Parties, or if signed on
separate days, the date of the last signature.
‘Confidential Information’ means information that:
(a)
is by its nature confidential;
(b)
is marked as confidential;
(c)
is known to be confidential, or which a Party ought to have known was confidential; or
(d)
is specified in Schedule 1 [Confidential Information] as confidential information;
but does not include information which:
3
(e)
is or becomes public knowledge other than by breach of this Agreement or by any other
unlawful means; or
(f)
is in the possession of a Party prior to disclosure by the other Party, without any breach of
an obligation of confidence; or
(g)
has been independently developed or acquired by a Party; or
(h)
is required to be released by law.
‘Consultant’ means the Party so named to this Agreement and includes the officers, employees,
agents and subcontractors of the Consultant.
‘Contract Material’ means all Material:
(a)
created for the purposes of this Agreement;
(b)
provided or required to be provided to AITSL as part of the Services; or
(c)
derived at any time from Material referred to in paragraphs (a) or (b).
‘GST Act’ means the A New Tax System (Goods and Services Tax) Act 1999, and as amended
from time to time.
‘Intellectual Property’ or ‘IP’ includes but is not limited to all inventions, discoveries,
innovations, technical information and data, prototypes, processes, improvements, patent
rights, circuitry, computer programs, drawings, plans, specifications, copyright, trade mark
rights, design rights, plant variety rights and Confidential Information.
‘Material’ includes property, documents, equipment, software, goods, information, data stored
by any means and the subject matter of any category of Intellectual Property rights.
‘Party’ means either AITSL or the Consultant and ‘Parties’ means both AITSL and the Consultant.
‘Personal Information’ means information or an opinion (including information or an opinion
forming part of a database), whether true or not, and whether recorded in a material form or
not, about a natural person whose identity is apparent, or can reasonably be ascertained, from
the information or opinion.
‘Services’ means the Services described in Schedule 1 [Services].
‘Specified Personnel’ means the personnel specified in Schedule 1 [Specified Personnel] as
personnel required to undertake the Services or part of the work constituting the Services.
‘Subcontract’ has a meaning corresponding to that of ‘Subcontractor’.
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‘Subcontractor’ means any person that, for the purposes of the Agreement, furnishes Services
directly to the Consultant or indirectly to the Consultant through another person.
‘Term’ means the period specified in clause 3.1.
‘AITSL’ means Australian Institute for Teaching and School Leadership Limited and includes the
officers, employees, authorised representatives and agents of AITSL.
‘AITSL Intellectual Property’ means that Intellectual Property which is made available for the
Services by AITSL, during the Term of this Agreement.
‘AITSL Material to be provided’ means any Material:
(a)
provided by AITSL to the Consultant for the purposes of this Agreement; or
(b)
copied or derived from Material so provided.
‘Use of AITSL material’ specified in clause 8.4
1.2
Interpretation
In this Agreement unless the context indicates a contrary intention:
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a)
words in the singular number include the plural and words in the plural number include
the singular; and
b)
words importing a gender include any other gender; and
c)
words importing persons include a partnership and a body whether corporate or
otherwise; and
d)
clause headings, words capitalised or in bold format and notes in square brackets (“[]”)
are inserted for convenience only, and have no effect in limiting or extending the
language of provisions, except for the purpose of rectifying any erroneous crossreference; and
e)
all references to clauses are clauses in this Agreement; and
f)
all references to dollars are to Australian dollars and this Agreement uses Australian
currency; and
g)
where any word or phrase is given a defined meaning, any other part of speech or other
grammatical form in respect of that word or phrase has a corresponding meaning.
PROVISION OF SERVICES
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2.1
The Consultant will undertake the Services set out in Schedule 1 [Services]. The Consultant will
ensure that the Services performed by it or its subcontractors are done so in a competent,
ethical and professional manner.
2.2
The Consultant warrants that its officers, employees or subcontractors nominated in Schedule 1
[Specified Personnel] as Specified Personnel have the required knowledge, competence and skill
to perform the Services and that it will ensure the Specified Personnel are available to provide
the Services required and agreed under this Agreement. Where such Specified Personnel are
not available, AITSL may:
(a)
terminate this Agreement whereupon it will only be liable for work performed by the
Consultant to the date of termination; or
(b)
ask the Consultant to provide replacement personnel acceptable to AITSL at no additional
charge and at the earliest opportunity.
2.3
The Consultant warrants that neither it, nor any of its officers or employees, at the time of
entering into this Agreement, has a conflict of interest, or that one is likely to arise during the
term of this Agreement. The Consultant will notify AITSL, in writing, immediately if, during the
term of this Agreement, a conflict of interest does arise.
3
TIMING AND TERMINATION
3.1
The Parties agree this Agreement will commence on the Commencement Date and terminate on
xx xxxx xxxx (‘Term’).
3.2
This Agreement may be terminated by mutual consent.
3.3
Either Party may terminate this Agreement if the other is in default or in breach of any provision
under this Agreement provided that the aggrieved Party has first given thirty (30) days notice of
its intention to terminate this Agreement. If the default or breach has not been remedied at the
expiry of the specified time the aggrieved Party may by written notice terminate this
Agreement.
3.4
Either Party may terminate this Agreement where the other Party is the subject of any of the
following: bankruptcy, insolvency, appointment of receiver and/or official manager, winding up
whether voluntary or compulsory (other than for the purpose of reconstruction).
3.5
If this Agreement is terminated in accordance with the provisions of this clause, AITSL is liable
only for:
(a)
payments under the payment provisions of this Agreement for the Services rendered
before the effective date of termination; and
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(b)
any reasonable costs incurred by the Consultant and directly attributable to the
termination or partial termination of this Agreement.
3.6
Upon receipt of a notice of termination the Consultant will immediately stop work as specified in
the notice and render a tax invoice to AITSL detailing the costs of services and hours spent to
date, prior to termination.
3.7
In the event of termination for any reason, all rights of the Consultant granted under the
Agreement will terminate and the Consultant must cease to use AITSL’s Intellectual Property in
any manner whatsoever. The Consultant must deliver to AITSL all copies of AITSL’s Intellectual
Property, AITSL’s Material and Contract Material in the possession, custody or control of the
Consultant.
4
SUBCONTRACTING
4.1
The Consultant may, with the prior written approval of AITSL (which will not be unreasonably
withheld), subcontract a portion of the Services.
4.2
Despite any approval given by AITSL, the Consultant will be responsible for ensuring the
suitability of a subcontractor for the work proposed to be carried out and for ensuring that such
work meets the requirements of this Agreement.
4.3
The Consultant will ensure that a subcontractor is aware of all terms and conditions of this
Agreement relevant to the subcontractor’s part in the provision of the Services.
4.4
The Consultant will be responsible for and pay the subcontractors in accordance with the terms
of the relevant subcontract.
5
PAYMENT/FEES
5.1
Subject to this Agreement, AITSL will pay the Consultant the fees specified in Schedule 1 [Fees].
5.2
This payment is to be made as specified in Schedule 1 [Fees].
5.3
Where this Agreement provides that the Consultant is to be paid by progressive instalments,
AITSL will be entitled, without derogating from any other right it may have, to defer payment of
an instalment until the Consultant has completed to the satisfaction of AITSL that part of the
Services to which that instalment relates.
5.4
Payment for the Services under this Agreement will be made on submission of a fully compliant
tax invoice to AITSL by the Consultant.
5.5
Except as provided by this clause, all taxes, duties and government charges imposed or levied in
Australia or overseas in connection with the performance of this Agreement will be borne by the
Consultant.
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5.6
If a supply made by the Consultant under this Agreement is a taxable supply under the GST Act,
the Consultant may, by notice in writing to AITSL, increase the original amount payable by AITSL
by the amount of GST that is payable by the Consultant on that part of the original amount
payable which relates to the taxable supply as if that part of the original amount payable is the
value of the supply for the purposes of the GST Act.
5.7
If required by AITSL, the Consultant will substantiate to AITSL’s reasonable satisfaction how any
increase in the amounts payable by AITSL determined under this clause have been calculated
before such changes will take effect.
5.8
In relation to taxable supplies made under this Agreement, the Consultant agrees to issue AITSL
with either:
(a)
a tax invoice in accordance with the GST Act, as amended from time to time; or
(b)
a document satisfying the minimum information requirements set out in GST Regulations
to the GST Act, as amended from time to time, to entitle a recipient of a taxable supply to
claim an input tax credit without holding a tax invoice.
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TAXATION & SUPERANNUATION
6.1
The Consultant will be responsible for and pay all applicable income tax, salary related expenses,
insurance and superannuation, and for that of its officers, employees, agents or subcontractors.
7
LIABILITY, INDEMNITY AND INSURANCE
7.1
The Consultant indemnifies and will keep indemnified AITSL, its officers, employees, agents and
subcontractors, from and against all actions, allegations, claims, demands, costs and expenses
(including the costs of defending or settling any allegation, claim and demand) made, sustained,
brought or presented in any manner based upon, occasioned by or attributable to any injury to
any person (including death) or loss of or damage to property (including Intellectual Property)
which may arise or be a consequence of any unlawful or negligent act or omission of the
Consultant, or its officers, employees, agents and subcontractors.
7.2
The Consultant will obtain, be responsible for any costs, and keep in force all necessary and
adequate insurances to cover the indemnity under clause 7.1 and for workers' compensation,
public liability and professional indemnity, and will produce such certificates of currency at the
signing of this Agreement and thereafter upon demand.
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OWNERSHIP OF MATERIAL
8.1
Ownership of all AITSL Material remains vested at all times in AITSL.
8.2
AITSL will provide as necessary the AITSL Material to the Consultant as specified in Schedule 1
[AITSL Material to be provided].
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8.3
AITSL grants to the Consultant a royalty-free, non-exclusive licence to use, reproduce and adapt
AITSL Material solely for the purposes of this Agreement and the performance of the Services.
8.4
The Consultant will ensure that AITSL Material is used strictly in accordance with the licence in
clause 8.3 and any conditions or restrictions set out in Schedule 1 [Use of AITSL Material] and
any direction of AITSL.
8.5
Ownership of all Contract Material set out in Schedule 1 [Contract Material] will vest in AITSL.
8.6
The Consultant must provide as necessary the Contract Material to AITSL for the Services set out
in Schedule 1 [Contract Material] and within the timeframes specified in Schedule 1.
8.7
AITSL grants to the Consultant a royalty-free, perpetual, irrevocable, non-exclusive, world-wide
licence (including a right to sub-licence) to use, publish, reproduce, modify, integrate, develop
and adapt the Contract Material for the purposes of this Agreement and for any other noncommercial research and educational training purposes.
8.8
The licence given under clause 8.7 will survive termination or expiry of the Agreement.
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INTELLECTUAL PROPERTY RIGHTS
9.1
The ownership of Intellectual Property that existed in any Material prior to the Commencement
Date will not be altered or transferred merely by virtue of its use for the purposes of this
Agreement.
9.2
All Intellectual Property rights including copyright in and to Contract Material produced by the
Consultant in carrying out the Services will vest in AITSL.
9.3
The Consultant grants AITSL a royalty-free, perpetual, irrevocable, non-exclusive, world-wide
licence (including a right to sub-licence) (the ‘Licence’) to use, publish, reproduce, modify,
integrate, develop and adapt, and to do any other acts, things or purposes in relation to any preexisting Intellectual Property incorporated or supplied with Contract Material for the purposes
of the Agreement and the performance of Services by the Consultant.
9.4
AITSL grants the Consultant a royalty-free, perpetual, irrevocable, non-exclusive, world-wide
licence (including a right to sub-licence) to use, reproduce, adapt, and exploit the Intellectual
Property rights in the Contract Material for purposes of non-commercial research and
educational training purposes.
9.5
The consent in connection with any Moral Rights under this Agreement is given by the
Consultant (and that of any third party, which responsibility it is of the Consultant to obtain) to
AITSL, and any person authorised by AITSL, to use without attribution, vary, adapt, alter,
reproduce, publish, add to, delete from, abridge, revise, redraft, retitle, translate into other
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dimensions, formats or media, or otherwise alter and do all other things necessary for AITSL
purposes and functions.
9.6
The Consultant warrants that it, or its subcontractors, owns or has the necessary licences (to use
or sub-licence) for Material to be provided under this Agreement. The Consultant or its
subcontractors also warrant that the Material will not infringe the Intellectual Property rights of
another, including copyright of any person, contains no libellous, defamatory or unlawful
matter; and will make no improper invasion on the privacy of another person.
9.7
The licence given under clauses 9.3 and 9.4 and warranty given under clause 9.6 will survive
termination or expiry of this Agreement.
10
ACKNOWLEDGMENT AND PUBLICITY
10.1
In all publicity, promotion and publications of the project, the consultant will acknowledge the
role of AITSL.
10.2
This clause shall survive the expiration or termination of this Agreement.
11
ACCESS
11.1
AITSL Access
11.1.1 Whenever work under the Agreement is being performed and otherwise at all reasonable times,
the Consultant will permit the Liaison Officer or delegate access to its premises, and access to
any of its records or accounts in connection with performance of work under the Agreement by
the Consultant.
11.1.2 The Consultant will ensure that the provisions of any subcontracts are provided to the Liaison
Officer, similar access to subcontractors’ premises, records and accounts in connection with the
provision of the Services by the subcontractor.
11.2
Consultant Access to AITSL’s Premises
11.2.1 AITSL will, during the period of the Agreement, provide access to AITSL’s premises for persons
approved under this clause as necessary for the Consultant’s performance of its obligations
under this Agreement.
11.2.2 The Liaison Officer may by notice to the Consultant withdraw access rights to any AITSL
premises at any time for any period.
11.2.3 The Consultant must, when using AITSL’s premises or facilities for the purposes of the Services,
comply with all reasonable directions and procedures relating to premises or facilities including
occupational health, safety and security in effect at those premises or in regard to those
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facilities and whether specifically drawn to the attention of the Consultant or as might
reasonably be inferred from the circumstances.
12
COMPLIANCE WITH LAWS AND POLICIES
12.1
The Consultant agrees, in carrying out this Agreement, and specifically that relating to the
Services to comply with:
(a)
all relevant Commonwealth, State or Territory laws (which knowledge or understanding is
the responsibility of the Consultant to obtain or be advised on) as amended from time to
time;
(b)
any other regulations, rules, orders and policies (which knowledge or understanding is the
responsibility of the Consultant to obtain or be advised on); and
(c)
any other reasonable direction given by AITSL from time to time.
12.2
The Consultant acknowledges that it fully understands that responsibility for knowledge,
understanding and compliance with clause 12.1 (a) and (b) is an obligation on the Consultant
and AITSL is under no obligation or has no liability for providing the Consultant with that
knowledge and understanding.
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CONFIDENTIALITY
13.1
The Consultant will not, without the prior written approval of AITSL, disclose to any person or
third party other than AITSL, any Confidential Information relating to or in the Services or
Contract Material. In giving written approval AITSL may impose such terms and conditions, as it
thinks fit.
13.2
The obligations under this clause (‘Confidentiality’) will survive the termination or expiry of this
Agreement.
14
PROTECTION OF PERSONAL INFORMATION
14.1
The Consultant agrees to:
(a)
use Personal Information held or controlled by it in connection with this Agreement only
for the purposes of fulfilling its obligations under this Agreement;
(b)
take all reasonable measures to ensure that Personal Information in its possession or
control in connection with this Agreement is protected against loss and unauthorised
access, use, modification or disclosure;
(c)
comply with the Privacy Principles in the Privacy Act 1988 (C’th) (the ‘Act’) or any other
State privacy legislation to the extent that the content of the Act or privacy legislation
apply to the types of activities the Consultant is undertaking under this Agreement;
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(d)
co-operate with any reasonable demands or inquiries made by AITSL on the basis of the
exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 or
privacy legislation including, but not limited to, a request from AITSL to comply with a
guideline concerning the handling of Personal Information;
(e)
ensure that any person who has an access level which would enable that person to obtain
access to any Personal Information is made aware of, and undertakes in writing, to
observe the Privacy Principles and other obligations referred to in this clause 14;
(f)
comply with any policy guidelines laid down by AITSL or issued by a Privacy Commissioner
from time to time relating to the handling of Personal Information; and
(g)
comply with any direction of AITSL to observe any recommendation of a Privacy
Commissioner relating to any acts or practices of the Consultant that a Privacy
Commissioner considers breaches the obligations in this clause 14.
14.2
The Consultant acknowledges that its obligations under this clause 14 are in addition to, and do
not restrict, any obligations it may have under any privacy legislation as amended from time to
time.
15
NEGATION OF EMPLOYMENT, PARTNERSHIP AND AGENCY
15.1
The Consultant will not represent itself, and will ensure that its officers, employees, agents and
sub-contractors do not represent themselves, as being an officer, employee, partner or agent of
AITSL, or as otherwise able to bind or represent AITSL.
15.2
The Consultant is not by virtue of this Agreement an officer, employee, partner or agent of AITSL
nor does the Consultant have any power or authority to bind or represent AITSL.
16
GOVERNING LAW
16.1
This Agreement is governed by and is to be construed in accordance with the laws applicable in
the state in which the contract is issued.
17
LIAISON
17.1
The Consultant will liaise with and report to the Liaison Officer as detailed in Schedule 1 [Liaison
Officer] or their delegate as reasonably required by AITSL during the period of this Agreement.
18
DISPUTE RESOLUTION
18.1
Before resorting to external dispute resolution mechanisms or starting court proceedings, the
Parties will attempt to settle by negotiation any dispute in relation to this Agreement including
by referring the matter to personnel who may have authority to intervene and direct some form
of resolution.
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18.2
If a dispute is not settled by the Parties within 10 working days of one Party first sending to the
other Party written notice that they are in dispute, the dispute may be the subject of court
proceedings or may be submitted to some alternative dispute resolution mechanism as may be
agreed in writing between the Parties.
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REPORTING
19.1
The Consultant must provide the reports and Material identified in Schedule 1 [Contract
Material] or such other Material or reports, as are agreed within this Agreement, to AITSL within
the timeframes specified or if not specified within a reasonable time to ensure AITSL meets their
respective obligations and timeframes.
20
ENTIRE AGREEMENT AND VARIATION
20.1
This Agreement constitutes the entire agreement between the Parties and supersedes all
communications, negotiations, arrangements and agreements, whether oral or written,
between the Parties with respect to the subject matter of this Agreement.
20.2
No agreement or understanding varying or extending this Agreement, including in particular
Schedule 1, will be legally binding upon either Party unless in writing and signed by both Parties.
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THIS AGREEMENT is made on the
day of
2011.
SIGNED for and on behalf of the Australian
)
Institute for Teaching and School
)
Leadership
)
by:
)
)
…………………………………………………
)
its duly authorised officer (print name)
)
…………………………….
Signature
)
)
in the presence of:
)
)
…………………………………………………
)
Signature of witness
)
)
…………………………………………………
)
Name of witness
)
)
…………………………………………………
)
Address of Witness
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SIGNED for and on behalf of the Consultant by:
)
)
………………………………………………….
)
its duly authorised officer (print name)
)
…………………………….
Signature
)
)
in the presence of:
)
)
………………………………………………….
)
Signature of witness
)
)
………………………………………………….
)
Name of witness
)
)
………………………………………………….
)
Address of Witness
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SCHEDULE 1
1.
Objectives
2.
Services (see clauses 1.1 and 2.1)
The Services to be provided under this Agreement include:
3.
Steering Committee
4.
Specified Personnel (see clauses 1.1 and 2.2)
The Consultant will ensure that the Services prescribed in this Agreement will be
undertaken by:
and Subcontractors approved under clause 5.
5.
Confidential Information (see Clauses 1.1 and 13)
All information relating to this proposal is confidential.
6.
Fees (see clause 5)
AITSL will pay the Consultant:
7.
AITSL Material to be Provided (see clauses 1.1 and 8.2)
AITSL will provide material required for the undertaking of this project.
8.
Use of AITSL Material (see clauses 1.1 and 8.4)
Material supplied by AITSL will only be used for the purposes of this contract.
9.
Contract Material (see clauses 1.1 and 8)
All material produced as a result of this project will remain the property of AITSL.
10.
Liaison Officer (see clause 17.1)
The Liaison Officer will be the person holding, occupying, or performing the duties of:
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17