Conditions of Registration - Department of Planning, Transport and

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<#GBC_TENDER.CONTRACT_NAME>
CONTRACT NO:
<#GBC_TENDER.CONTRACT_NO>
CONDITIONS OF REGISTRATION
Contact Person
Name:
<#PROJECT.PROJECT_RISK_MANAGER>, Project Risk Manager
Telephone: <#PROJECT.PRM_PHONE>
Email:
<#PROJECT.PRM_EMAIL>
Registration of Interest Closing Information
Time:
2.00 pm
Day:
Wednesday Friday
Date:
day month year
Location:
Building Management
Department of Planning, Transport and Infrastructure
Electronic Tender Box
SA Tenders and Contracts website
http://www.tenders.sa.gov.au
REGISTRATION DOCUMENTS
Conditions of Registration
Project Brief
SAMIS Site Plan
Functional Use Plan
Staging Plan
List other relevant documents included
Page 2 of 14
CONTENTS
Preamble
5
Part 1 General
6
1.1
Invitation to Register
6
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
6
6
6
6
6
6
6
7
7
7
1.2
1.3
Registration Field
Contact person
Registrant to Acquire Information
Registrant briefing
Site Visit
Enquiries
Errors, Omissions, Ambiguities and Discrepancies
Amendments of and to Registration Documents
Conditions of Contract
Local office
Information about State Contracting
7
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
Code of Practice
Buy Australian Made Procurement Policy
Local Industry Participation Process
Work Health and Safety
Disclosure of Government Contracts
Workforce Participation and Skills Development
7
7
7
7
7
8
Information about Australian Government Requirements
8
1.3.1
1.3.2
The Australian Government Building and Construction OHS Accreditation Scheme 8
Building Code 2013
8
Part 2 Registration of Interest Submission
8
2.1
Submission
8
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
8
8
8
9
9
2.2
Signature
Lodgement of Registration of Interest
Late Registrations of Interest
Informal Registrations of Interest
Validity Period
Information to be Submitted
Part 3 Process for Determining the Contractor Tender Field
3.1.1
3.1.2
3.1.3
3.1.4
Registration of Interest Evaluation Panel
Evaluation Process
Registration acceptance
Notification
9
9
9
9
9
10
Part 4 Process Conditions
10
4.1
General
10
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.1.9
10
10
11
11
11
12
12
12
12
Probity
Reservation of rights
State’s expectations
Registrants’ expectations
Confidentiality
Copyright
Warning - State supplied information
Warning - third party supplied information
Cost of preparation of registrations of interest
Part 5 Project Brief
12
5.1
5.2
Background
Project Details
12
12
5.2.1
5.2.2
12
12
Scope
Site
Page 3 of 14
5.2.3
5.2.4
5.2.5
5.3
Budget
Program
Risk Assessment
13
13
13
Organisation and Governance
13
5.3.1
5.3.2
13
14
Attachment 1
Attachment 2
Attachment 3
Project Team
Governance
15
16
17
Page 4 of 14
Preamble
Building Management, Project Services, a directorate of the Department of Planning,
Transport and Infrastructure (DPTI) provides asset, risk and project advice and management
to the South Australian Government and its agencies and facilitates the interface between
Government and the building and construction industry.
In partnership with the building industry Building Management, Project Services strives for
excellence in the delivery of its projects to the South Australian community.
The Contractor will contract to construct the works and to manage the sub-contractors while
liaising with the Principal, Principal’s professional service contractors and all other relevant
stakeholders in return for a Contract Price.
This project is being delivered for the <#PROJECT.LEAD_AGENCY>. The Principal, wishes
to work as a team with the Lead Agency, DPTI, the Contractor and the appointed
professional service contractors to achieve project objectives particularly completion to
specified quality, program and budget.
Page 5 of 14
CONDITIONS OF REGISTRATION
Part 1
1.1
General
INVITATION TO REGISTER
An invitation to register does not give rise or amount to a process contract whether a
registration of interest is submitted in response to this request for registration of interest or
not and whether or not a contract is subsequently awarded. (A process contract means a
contract about the registration of interest/tendering process.). By submitting a registration of
interest, the registrant will be bound by the promises required by the Government of South
Australia (State) regarding probity and publicity. In consideration of that promise, the State
will evaluate the registration of interest.
After considering any responses submitted in accordance with these Conditions of
Registration the State, represented by the Department of Planning, Transport and
Infrastructure (DPTI), will decide whether or not to enter into negotiations with one or more
preferred registrants.
1.1.1 Registration Field
Only registrations from contractors registered as DPTI Building and Construction Project
Prequalification System, Category <#GBC_TENDER.CATEGORY> will be considered.
1.1.2 Contact person
A registrant must only communicate with the DPTI Contact Person. Registrants cannot rely
on communications with any other person.
The DPTI Contact Person is identified on the cover of this document. In the absence of the
contact person contact DPTI Building Management Contracts on 8226 5632.
1.1.3 Registrant to Acquire Information
Registrants shall obtain all information relevant to a Registration of Interest conforming to the
registration documents including thorough familiarisation with the documents and the site
upon which the work under the Contract is to be executed.
1.1.4 Registrant briefing
A briefing for Registrants is to be held at location at time, date. Advise the Contact Person
of your attendance.
1.1.5 Site Visit
A site inspection for all Registrants is to be held at location at time, date. Advise the Contact
Person of your attendance.
1.1.6 Enquiries
All enquiries relating to the registration of interest documents shall be referred as early as
possible to the Contact Person named on the cover of the Conditions of Registration.
Registrants may expect that in response to a query submitted at least a week before
registration of interest closing the State will respond. The State reserves the right to respond
or not to respond at its discretion to any query or matter raised later than one week before
the registration of interest closing.
The State reserves the right to inform all other registrants of the question or matter raised
and the response given, but may at its discretion choose not to do so.
1.1.7 Errors, Omissions, Ambiguities and Discrepancies
The information contained or referred to in the registration of interest documents is provided
to assist the registrant to complete a registration of interest.
Page 6 of 14
If the registrant does not have access to the information and considers that it is critical to
preparing the registration of interest, notify the person named in the Registration of Interest
advertisement, letter of invitation or such other form of notice who will consider providing
access to the information.
1.1.8 Amendments of and to Registration Documents
The State may cancel, supplement, vary or amend the terms of the registration of interest
documents at any time and will give notice of any such change by issuing an addendum to
registrants.
1.1.9 Conditions of Contract
The conditions governing the proposed contract are the AS 2124—1992 General conditions
of contract AS 4300—1995 General conditions of contract for design and construct GC21
(Edition 1 as amended) General Conditions of Contract.
1.1.10 Local office
If the registrant does not have offices in Adelaide it is a requirement that there is full
assessment and demonstration of its management methodology in regard to project
communication and day-to-day management.
It is a preference for interstate firms to have a working relationship with an Adelaide based
contractor registered in the required DPTI Building and Construction Project Prequalification
System Category.
1.2
INFORMATION ABOUT STATE CONTRACTING
1.2.1 Code of Practice
Registrants shall comply with the Code of Practice for the South Australian Construction
Industry. Lodgement of a registration of interest will be evidence of the agreement by the
registrant to comply with the Code for the duration of any resulting contract that may be
awarded. If a registrant fails to comply, the failure will be taken into account by the
Government of South Australia and its agencies when considering this or any subsequent
tender by the registrant and may result in such tender being passed over and/or a change in
the status of the contractor on any State Government register of contractors.
1.2.2 Buy Australian Made Procurement Policy
The State is committed to reducing the imported content of government procurement and
requires that contractors who provide services and products to the State buy Australian
products wherever possible.
1.2.3 Local Industry Participation Process
Consistent with the Australian Industry Participation National Framework, the State is
committed to maximising Australian industry participation to encourage greater opportunities
for local and regional suppliers.
1.2.4 Work Health and Safety
If selected, the registrant/tenderer will be required to comply with all relevant laws including
without limitation, requirements of the Work Health and Safety Act 2012.
1.2.5 Disclosure of Government Contracts
The State will require any contract arising from this procurement process, to include an
acknowledgement that the State may disclose and publish the contract in full, and any
extract of information about the contract, to interested persons or publicly, in accordance
with the State’s policy for the time being in respect of disclosure of government contracts.
The State’s current policy is set out in Premier and Cabinet Circular PC027, a copy of which
is
appended
or
the
text
of
which
can
be
accessed
at
http://www.premcab.sa.gov.au/dpc/publications_circulars.html.
Page 7 of 14
1.2.6 Workforce Participation and Skills Development
The State has a policy of ensuring the increased employment of people such as Aboriginal
people, Trainees and Apprentices, Local Persons with Barriers to Employment and the
upskilling of people involved on government building and civil construction contracts in South
Australia.
Any contract arising from this procurement process will require the contractor to be subject
to obligations relating to the employment of people in a target group and the upskilling of
people engaged directly in connection with the performance of that contract.
1.3
INFORMATION ABOUT AUSTRALIAN GOVERNMENT REQUIREMENTS
1.3.1 The Australian Government Building and Construction OHS Accreditation
Scheme
It is a requirement of this project that any persons contracted to undertake the building work
be accredited under the Australian Government Building and Construction OHS
Accreditation Scheme established by the Fair Work (Building Industry) Act 2012, at the time
of entering into the contract for the building work and maintain accreditation while the
building work is being carried out.
1.3.2 Building Code 2013
Registrants are advised that the Building Code 2013 (Building Code) and the Supporting
Guidelines to the Building Code 2013 (Supporting Guidelines) apply to the proposed
construction contract. Copies of the Building Code and Supporting Guidelines are available
at www.deewr.gov.au/BuildingCode.
By submitting a registration of interest the registrant:
(a)
will be deemed to have read; and
(b)
agrees that it will comply with the Building Code and Supporting Guidelines.
Part 2
2.1
Registration of Interest Submission
SUBMISSION
2.1.1 Signature
A person or persons authorized to agree to the terms and conditions of the Contract must
sign the registration of interest on behalf of the registrant. The entity that submits the
registration of interest must be the same as the entity that will enter into the Contract if
successful.
2.1.2 Lodgement of Registration of Interest
Electronically lodge the registration of interest including all relevant documents in the SA
Tenders & Contracts Electronic Tender Box before the time stated on the cover of these
Conditions of Registration.
A registration of interest received via electronic lodgement will be regarded as full and
complete. If registrants need to modify any part of a group of documents that constitute a
registration of interest response, then the whole registration of interest must be re-lodged.
2.1.3 Late Registrations of Interest
The time of delivery of late registrations of interest will be recorded by the Electronic Tender
Box. DPTI may at its discretion decline to consider registrations of interest received after the
time stated.
The State may consider or accept (at the State’s sole discretion) any registration of interest
including without limitation a late registration of interest or the registration of interest of a
registrant who has failed to submit a registration of interest in accordance with these
Page 8 of 14
Conditions of Registration.
2.1.4 Informal Registrations of Interest
Any registration of interest which does not comply with the registration of interest documents
may result in the registration of interest being regarded as non-conforming.
2.1.5 Validity Period
Registrations of interest shall remain valid for a period of sixty (60) days from the date on
which registrations of interest close.
2.2
INFORMATION TO BE SUBMITTED
The following, along with the DPTI Building and Construction Project Prequalification System
performance score for each registrant, are the selection criteria and the information to be
submitted by all registrants at registration of interest close to allow evaluation by the
evaluation panel. The selection criteria are not necessarily in order of importance.
The registration of interest must include.
(a)
Registrant’s profile in SA including project management, technical and human
resources. (Max two (2) A4 pages.)
(b)
Details of three recent South Australian or other projects over $10 million completed
involving the key personnel nominated for this project, including services provided,
client, program constraints, contract method and risk profile. Include the names of
referees. (Max five (5) A4 pages.)
(c)
Proposed key personnel, their current location and their experience on complex, multistaged and fast tracked projects. Include their curriculum vitae. (Max three (3) A4
pages. CVs to be included separately as an appendix)
(d)
Experience of proposed key personnel in the proposed design construct form of
contract. (Max two (2) A4 pages.)
(e)
Overview of the registrant’s approach to achieving ecologically sustainable
development in design and during construction. (Max two (2) A4 pages.)
(f)
Other information which may assist in the assessment of the ability of the registrant to
provide the necessary services to successfully complete the project.
Part 3
Process for Determining the Contractor Tender Field
3.1.1 Registration of Interest Evaluation Panel
The registration of interest evaluation panel generally including but not limited to DPTI and
the lead professional service contractor representatives will conduct an evaluation of
registrations of interest received and make recommendations for the awarding of the
Contract.
3.1.2 Evaluation Process
Initially the registration of interest evaluation panel will determine that:
(a)
the registrant is registered in the required prequalification category;
(b)
the tenderer is accredited under the Government Building and Construction OHS
Accreditation Scheme;
(c)
there has been compliance with the Code of Practice.
The panel will then evaluate the services and capability of each registrant in accordance with
the selection criteria with a view to identifying a short-list of registrants to be invited to tender
3.1.3 Registration acceptance
Page 9 of 14
The State is not obliged to accept any registration of interest. A registration of interest shall
not be deemed to have been accepted unless and until notice in writing of acceptance of the
registration of interest is received by the registrant or is delivered to the address of the
registrant stated on the Tender Form.
3.1.4 Notification
The State will notify all registrants of the result of this invitation, or if this invitation is
withdrawn, without being obliged to give reasons for the result or withdrawal.
Part 4
4.1
Process Conditions
GENERAL
4.1.1 Probity
The registrant must observe the following requirements of the registration of interest process
and will:
(a)
declare any actual or potential conflict of interest, or any basis upon which there
might be a public perception of a conflict of interest or public controversy in relation to
its potential involvement in the provision of services to the State;
(b)
not seek to employ or engage the services of any person who has a duty to the State
as an adviser, consultant or employee in relation to this process;
(c)
not collude with any registrant or potential registrant;
(d)
comply with all laws in force in South Australia applicable to the process;
(e)
disclose whether acting as agent, nominee or jointly with another person and disclose
the identity of the other person;
(f)
not offer any incentive to, or otherwise attempt to influence, any employee of the
State or any member of an evaluation committee at any time; and
(g)
not make any news releases or responses to media enquiries and questions
pertaining to this process without the State’s written approval.
If the registrant acts contrary to these expectations, the State reserves the right (regardless
of any subsequent dealings) to:
(i)
terminate negotiations;
(ii)
terminate consideration of the registration of interest; and
(iii)
terminate any contract between the registrant and the State in relation to the project
without any obligation on the State to make any payment to the registrant.
4.1.2 Reservation of rights
The State reserves the right, in its absolute discretion, to:
(a)
invite any person or entity to submit a registration of interest;
(b)
extend the registration of interest closing date;
(c)
vary the request for registration of interest at any time;
(d)
vary the evaluation and selection process, including the structure or timing of the
selection process or the basis upon which registrations of interest are required,
evaluation or accepted, provided the change is not unfair to registrants;
(e)
terminate further participation in the process by any registrant;
(f)
consider a registration of interest submitted other than in accordance with these
Conditions of Tendering;
Page 10 of 14
(g)
consider an incomplete registration of interest;
(h)
abandon this invitation process at any time;
(i)
clarify any aspect of a registration of interest after the closing date;
(j)
seek the advice of external consultants to assist the State in the evaluation or review
of registrations of interest;
(k)
make enquiries of any person or entity to obtain information about the registrant and
its registration of interest;
(l)
seek information from any registrant;
(m)
following evaluation of registrations of interest, invite revised registrations of interest
from one or more registrants;
(n)
following evaluation of registrations of interest, negotiate with a registrant;
(o)
enter into negotiations with any other person or entity who is not a registrant;
(p)
discontinue negotiations at any time with any registrant; and
(q)
propose revised or replacement contract terms at any stage in this procurement
process in substitution for, or in addition to, the terms and conditions included.
4.1.3 State’s expectations
The State expects that:
(a)
a registrant has the necessary skills, knowledge and experience to comply with the
Statement of Requirements and/or Specifications;
(b)
a registrant has fully informed itself of all facts and conditions relating to this process
and the Statement of Requirements and/or Specifications; and
(c)
all prices submitted will be fixed (unless otherwise specifically indicated).
4.1.4 Registrants’ expectations
Registrants can expect that the State will:
(a)
preserve the confidentiality of confidential information (subject to clause 4.1.5
concerning confidentiality);
(b)
afford every registrant the opportunity to compete fairly;
(c)
subject to the State’s right to terminate this process, consider a registration of interest
which is submitted in accordance with these rules by a registrant who has:
(i)
complied with the State’s expectations as to probity;
(ii)
provided the information required in this stage of the process as set out in this
Invitation; and
(iii)
co-operated with registration of interest rules.
4.1.5 Confidentiality
A registrant and the State may disclose information to any consultant engaged by the
registrant or the State for the purpose of this process if the consultant is required to preserve
the confidentiality of that information.
Information supplied by or on behalf of the State is confidential to the State and a registrant
must maintain its confidentiality.
The State understands the need to keep commercial matters confidential in appropriate
circumstances, but may disclose some or all of the contents of a registration of interest if
required to do so by a constitutional convention or in order that the relevant Minister may
discharge their duties and obligations to Parliament and the State. Any condition in a
Page 11 of 14
registration of interest that purports to prohibit or restrict the State’s right to make such
disclosures cannot be accepted.
4.1.6 Copyright
Copyright in these Conditions of Registration is owned by the Minister for Transport and
Infrastructure.
By submitting a registration of interest, each registrant grants to the State the license to
reproduce (in whole or in part) any part of its registration of interest regardless of any
copyright or other intellectual property right that may exist in its registration of interest.
4.1.7 Warning - State supplied information
The State makes no promise or representation and does not warrant that any factual
information supplied in or in connection with this process is accurate. Information is
provided in good faith. Registrants may request the Contact Person to address the degree
of accuracy that can be expected of particular items of information. Any such request
should:
(a)
be made no later than one week before the registration of interest closing date.
(b)
specify the item of information of particular interest
(c)
explain why a level of accuracy in that information is material to the registrant’s
decision to submit a registration of interest; and
(d)
explain what level of accuracy would assist in the registrant’s decision
On receiving such a request the State will determine in its absolute discretion if and to what
extent it will assure any level of accuracy of the identified information or provide any
requested additional information.
4.1.8 Warning - third party supplied information
The State does not warrant the truth or accuracy of material that is expressed to be provided
by a third party. Accordingly, registrants should independently verify third party provided
source material and rely only upon their own opinions interpretation or conclusions based on
source material.
4.1.9 Cost of preparation of registrations of interest
Registrants are responsible for the cost of preparing and submitting a registration of interest
and all other costs arising out of the process.
Part 5
5.1
Project Brief
BACKGROUND
The lead agency funding the project is the <#PROJECT.LEAD_AGENCY> and the end user
is the Name. The Department of Planning, Transport and Infrastructure is providing a
project risk management role on the project.
Insert comment on when the project was requested and the approvals to date.
5.2
PROJECT DETAILS
5.2.1 Scope
Insert a comprehensive description of the project objectives, the proposed scope of the
project, any staging and any unique issues.
5.2.2 Site
Insert a description of the site and its location.
Page 12 of 14
5.2.3 Budget
The agreed total budget for the project is <#PROJECT.PROJECT_BUDGET> on completion
in Month Year.
5.2.4 Program
The following are the key project program dates currently indicated in the program. The
dates are indicative only and will be reviewed and adjusted as required in agreement with
the Principal by the appointed contractor.
Activity
Commence
Date
End
Date
Concept Development and Evaluation
Insert Date
Insert Date
Definition
Insert Date
Insert Date
Design Development
Insert Date
Insert Date
Documentation
Insert Date
Insert Date
Registration of Interest Call
Insert Date
Insert Date
Construction
Insert Date
Insert Date
Occupation
Insert Date
Insert Date
5.2.5 Risk Assessment
The project team has conducted an initial risk assessment of the project and identified the
following key risks which must be managed as part of project delivery.
Risk
Proposed
mitigation
Residual Risk
Level
Describe risk
Insert comment
Low, Medium,
High, Extreme
5.3
ORGANISATION AND GOVERNANCE
5.3.1 Project Team
The project team members to date are listed below.
Lead Agency Representative
<#PROJECT.LEAD_AGENCY_REP>
End User Representative
Insert
Project Director
Insert
Project Manager
Insert
Page 13 of 14
DPTI Project Risk Manager
<#PROJECT.PROJECT_RISK_MANAGER
>
Lead Professional Service Contractor
Insert
Cost Manager
Insert
5.3.2 Governance
The project organisation will be established as follows.
(a)
Steering Committee – Responsible for the overview of the project ensuring that it is
effectively managed and meets all performance, accountability and prudential
management requirements.
(b)
Project Control Group – Accountable for the effective day to day management of
the project.
(c)
Design Team – The Design Team is managed by the Lead Professional Service
Contractor and meets regularly as required.
(d)
Construction Team – The Construction Team is managed by the Contractor and
meets regularly as required.
Page 14 of 14
ATTACHMENT 1
Name of attachment
ATTACHMENT 2
Name of attachment
ATTACHMENT 3
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