User guidance
This document is part of the GC21 Edition 2 standard form. Please view the Index of
construction documents to locate all documents referenced throughout this text.
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Conditions of Tendering
Conditions of Tendering
1
1 General............................................................................................................... 1
1.1 Contact Person ....................................................................................................... 1
1.2 NSW Government Code of Practice for Procurement and Implementation
Guidelines ....................................................................................................................... 1
2 Tenderer Eligibility ........................................................................................... 2
2.1 Acceptable Legal Entities ...................................................................................... 2
2.2 Quality management .............................................................................................. 3
2.3 Work health and safety management ..................................................................... 3
2.4 Environmental management .................................................................................. 3
2.5 Financial assessment criteria .................................................................................. 3
2.6 Best Practice Contractor Accreditation Scheme .................................................... 4
3 Contract details ................................................................................................. 4
3.1 Site ......................................................................................................................... 4
3.2 General Conditions of Contract ............................................................................. 4
3.3 Provisional Sums ................................................................................................... 4
3.4 Cost adjustment...................................................................................................... 4
3.5 Foreign currency adjustment .................................................................................. 4
3.6 Insurance ................................................................................................................ 4
3.7 Proposed Subcontractors and Consultants ............................................................. 5
3.8 Preferred Subcontractors ........................................................................................ 5
3.9 Design development and documentation resources ............................................... 5
3.10 Development Application .................................................................................... 5
4 Current policies ................................................................................................ 6
4.1 Adjustment for Customs Tariffs ............................................................................ 6
4.2 Disclosure of Tender and Contract information ..................................................... 6
4.3 Exchange of information between Government Agencies ..................................... 6
4.4 Financial assessment .............................................................................................. 6
4.5 Security of documents ........................................................................................... 6
4.6 Workplace Relations management......................................................................... 6
4.7 Unconditional undertakings - approved institutions .............................................. 6
4.8 Commonwealth Building Code 2013 ..................................................................... 7
4.9 Aboriginal participation ......................................................................................... 8
4.10 Training management .......................................................................................... 8
5 Further information .......................................................................................... 8
5.1 Addenda to RFT Documents ................................................................................. 8
5.2 Site access restrictions ........................................................................................... 8
5.3 Pre-tender meeting ................................................................................................. 9
6 Preparation of Tenders .................................................................................... 9
6.1 Alternative Tenders................................................................................................ 9
6.2 Schedule of Information for “Payment Claim Worksheet”.................................... 9
6.3 Schedule of Contract Information .......................................................................... 9
6.4 Technical data ........................................................................................................ 9
6.5 Program.................................................................................................................. 9
6.6 Tender Concept/ Design ........................................................................................ 9
7 Submission of Tenders .................................................................................. 10
7.1 Documents to be submitted .................................................................................. 10
7.2 Submission procedure .......................................................................................... 10
7.3 eTendering ........................................................................................................... 10
7.4 Hard copy tenders ................................................................................................ 10
7.5 Facsimile tenders ................................................................................................. 11
7.6 Special requirements for the two-envelope system .............................................. 11
7.7 Late Tenders ........................................................................................................ 11
8 Procedures after closing of Tenders ............................................................ 11
8.1 Evaluation of Tenders .......................................................................................... 11
8.2 Acceptance of Tender .......................................................................................... 11
8.3 Protection of privacy ............................................................................................ 12
CONDITIONS OF TENDERING
Conditions of Tendering
THERE ARE 12 PAGES IN THIS SECTION
This section includes notices to tenderers.
The Conditions of Tendering section does not form part of the Contract.
1
General
1.1
Contact Person
Refer requests for information about the Tender to:
1.2
Name:
»
Telephone number:
»
Facsimile Number:
»
e-mail address:
»
NSW Government Code of Practice for Procurement and
Implementation Guidelines
Terminology
1.
2.
The New South Wales Government’s Code of Practice for Procurement (NSW Code)
and the New South Wales Government's Implementation Guidelines to the New South
Wales Code of Practice (NSW Guidelines) apply to the project the subject of this
procurement process.
Terms used in this section 1 of this procurement process (under the heading NSW Code
and Implementation Guidelines) have the same meaning as is attributed to them in the
NSW Guidelines (as published by the NSW Treasury in July 2013).
Primary obligation
3.
By submitting a response to this procurement process, the tenderer acknowledges and
agrees that it:

is aware that the NSW Code and NSW Guidelines apply to the project;

is taken to have read and understood the NSW Code and NSW Guidelines and the
obligations they impose;

will comply with the NSW Code and NSW Guidelines on this project, which
includes, but is not limited to giving access to authorised personnel to inspect any
work, material, or machinery, inspect and copy any record relevant to the project,
and interview any person;

will agree, if successful in this procurement process, to contractual terms that give
effect to the NSW Code and NSW Guidelines and mechanisms to ensure their
compliance and enforcement; and

will comply with, and ensure all of its related entities (as defined in the NSW
Guidelines) comply with, the NSW Code and NSW Guidelines in respect of any of
their building and construction work (including any subsequent privately funded
work), on and from the date of submitting a response to this procurement process.
Cost, efficiency, productivity and workplace safety
4.
The tenderer agrees that it must include in its response:

Contract Name: »
Contract No: »
for projects where the NSW Government or public sector body contribution is $10
million or more or is at least $5 million and represents at least 50 percent of the
total construction project value, a Workplace Relations Management Plan and any
GC21 Edition 2 Revision Date: 19/10/2015
Page C-1
CONDITIONS OF TENDERING
other documents and information necessary to meet the requirements of section 6.1
of the NSW Guidelines;
5.

a Work Health Safety (WHS) Management Plan or Site Specific Safety
Management Plan and any other documents and information necessary to meet the
requirements of section 9 of the NSW Guidelines; and

the Schedule of Compliance that is attached to this procurement process, properly
executed by or on behalf of the tenderer.
The tenderer acknowledges that by submitting this response it agrees to the Client
Agency and the Construction Compliance Unit (CCU) taking any steps to investigate
claims, statements and assertions made by the tenderer in any of the documents referred
to above in paragraph.4 of this clause before any contract is awarded. The tenderer
acknowledges and agrees to cooperate with the Client Agency and the CCU in respect of
the investigation of compliance with the NSW Guidelines and further agrees that that
compliance is a mandatory requirement of the procurement process. The tenderer will
allow authorised personnel to:

access premises and sites controlled by the tenderer or its related entities;

inspect and copy relevant records and documents;

inspect any work, material, machinery, appliance article or facility; and
 interview any person;
as is necessary to investigate the claims, statements and assertions made by the tenderer in
the response or to demonstrate the tenderer's current or, where relevant, past compliance with
the NSW Code and NSW Guidelines during the procurement process.
Disclosure of information
6.
Notwithstanding any other provision of the procurement process, the tenderer agrees and
consents to the disclosure of information concerning the tenderer's, and the tenderer's
related entities', compliance with the NSW Code and NSW Guidelines, including the
disclosure of details of past and present compliance to the NSW Code and NSW
Guidelines, the National Code of Practice for the Construction Industry, and the
Australian Government Implementation Guidelines for the National Code of Practice for
the Construction Industry as varied from time to time, including whether or not sanctions
have been imposed on a tenderer or any of its related entities by the Commonwealth or
any State or any government agency. This consent is given to the State of New South
Wales, including its agencies (including the Client Agency), Ministers and the CCU (and
its authorised personnel) for purposes including monitoring and investigating compliance
and ensuring, facilitating and promoting compliance with the NSW Code and NSW
Guidelines.
7.
Where the tenderer proposes to subcontract the works, the tenderer agrees that it will
ensure, through contract, that each subcontractor or consultant agrees to:
Subcontractors etc

the contractual promises in paragraph 3 of this clause (Primary obligation) and
paragraph 6 of this clause (Disclosure of information) in respect of the relevant
subcontractor or consultant;

comply with the applicable plans and policies on the project referred to in
paragraph 4 of this clause (Cost, efficiency, productivity and workplace safety); and

where a subcontractor or consultant is nominated in procurement process
documents, that the nominated party cooperates with authorised personnel during
the procurement process for the purposes outlined in paragraph 5 of this clause.
2
Tenderer Eligibility
2.1
Acceptable Legal Entities
The Principal contracts only with recognised and acceptable legal entities. The Principal does
not contract with firms under any form of external administration. Any tender submitted by
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-2
CONDITIONS OF TENDERING
an unincorporated business such as a sole trader, partnership, or business name must identify
the legal entity that proposes to enter the contract.
The Principal will not award this Contract to a tenderer that is a trustee if the tenderer cannot
demonstrate that it will be able to meet all of the requirements of the contract, including the
financial assessment requirements, for the entire contract period.
2.2
Quality management
The Principal may elect to pass over a tender from a tenderer that does not have current full
certification of its Quality Management System to AS/NZS ISO 9001:2008.
Submit when requested the information identified in Tender Schedules - Schedule of Quality
Management Information.
The Principal may elect to pass over a tender from a tenderer that does not demonstrate the
capacity to systematically plan and manage the quality of its work in accordance with the
NSW Government Quality Management Systems Guidelines, which are available on the
ProcurePoint website.
Submit with the Tender the information identified in Tender Schedules - Schedule of
Quality Management Information.
2.3
Work health and safety management
Tenderers must demonstrate their capacity to manage WHS in accordance with the NSW
Government Work Health and Safety Management Systems and Auditing Guidelines 5th
Edition (WHSMS Guidelines). The WHSMS Guidelines are available on the ProcurePoint
website.
Submit with the Tender the information identified in Tender Schedules - Schedule of Work
Health and Safety Management Information.
A tender will not be accepted from a tenderer that does not have a Corporate WHS
Management System acceptable to the Principal in accordance with the WHSMS Guidelines.
The successful tenderer must be accredited under the Australian Government Building and
Construction OHS Accreditation Scheme (the Scheme) established by the Building and
Construction Industry Improvement Act 2005 (Cwlth) (BCII Act) when entering into
contracts for building work as defined under section 5 of the BCII Act and maintain
accreditation under that Scheme while the building work is being carried out.
2.4
Environmental management
Tenderers must demonstrate their capacity to manage environmental matters in accordance
with the NSW Government Environmental Management Systems Guidelines (EMS
Guidelines) available on the ProcurePoint website.
Submit the information identified in Tender Schedules - Schedule of Environmental
Management Information.
A tender will not be accepted from a tenderer that does not have a Corporate Environmental
Management System acceptable to the Principal in accordance with the EMS Guidelines.
2.5
Financial assessment criteria
The main criteria considered in financial assessment of tenderers are:

Net Worth (total assets, excluding any assets of company directors, less total liabilities
less intangible assets);

Current Ratio (ratio of current assets to current liabilities); and
 Working Capital (current assets less current liabilities).
The Principal considers tenders with the following financial capacity, and no other significant
detrimental financial characteristics to be financially satisfactory in respect of tenders:

Net Worth exceeds 5% of the Contract Sum or initial Contract Price;

Current Ratio exceeds 1; and
 Working Capital exceeds 10% of the Contract Sum or initial Contract Price.
Deviations below these indicative criteria will not necessarily prevent the Principal from
considering any tender.
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-3
CONDITIONS OF TENDERING
The Principal may elect to pass over a tender from a tenderer if any of the above financial
assessment criteria that is below a threshold acceptable to the Principal.
2.6
Best Practice Contractor Accreditation Scheme
The NSW Government has implemented a Contractor Best Practice Accreditation Scheme,
managed by the Office of Finance & Services. Tenderers accredited under the Scheme
receive Scheme benefits. The benefits include a reduction in the amount of the contractual
security required by the Principal, as shown for the Completion Undertaking in Contract
Information items 33 & 34.
3
Contract details
3.1
Site
The Principal may provide geotechnical or other information concerning the Site. Refer to
General Conditions of Contract clause 36 - Site Information.
The tenderer may apply to the Contact Person for approval to carry out further site
investigation. The tenderer must bear the cost of any such further site investigation.
Reports and other Site Information are available as follows:

»
Investigations Carried Out
Investigations carried out on this site include:

»
Other Site Activities
Other site activities which may affect this site are:

»
Other Contracts
Other contracts which may affect this site are:

3.2
»
General Conditions of Contract
The Request for Tender (RFT) documents include a copy of the GC21 Edition 2 General
Conditions of Contract.
3.3
Provisional Sums
The Contract includes work subject to Provisional Sums. See General Conditions of Contract
clause 55 - The Contract Price (Provisional Sums and Provisional Quantities) and the list of
Provisional Sums in Tender Schedules – Schedule of Provisional Sums.
3.4
Cost adjustment
The work is not subject to Cost Adjustment for labour and materials.
The work is subject to Cost Adjustment for labour and materials. See the General Conditions
of Contract - clause 55.
3.5
Foreign currency adjustment
Tenderers requiring all or part of any imported content to be subject to currency adjustment
as detailed in Preliminaries clause - Currency Fluctuation must submit a breakdown of the
Tender amount which details the items and the value in all applicable currencies.
3.6
Insurance
The Principal will arrange insurance of the Works (and any temporary works) and public
liability, as required under General Conditions of Contract clause 27 - Insurance. Tenderers
are not required to allow in tenders for payment of premiums for insurance of the Works or
public liability.
The insurance policy is available on the ProcurePoint website.
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-4
CONDITIONS OF TENDERING
The Principal will arrange insurance of the Works (and any temporary works) and public
liability, as required under General Conditions of Contract clause 27 - Insurance. Tenderers
are not required to allow in tenders for payment of premiums for insurance of the Works or
public liability.
The Principal will provide a copy of the insurance policy on request.
The Contractor must arrange insurance of the Works (and any temporary works) and public
liability and pay all premiums in accordance with General Conditions of Contract clause
Insurance.
Asbestos liability insurance
The Contractor must arrange any asbestos related insurance required by law. Any other
asbestos related insurance is at the discretion of the Contractor. The Contractor is not entitled
to any additional payments for asbestos related insurance. The Principal does not require the
Contractor to hold any particular Asbestos Liability Insurance under General Conditions of
Contract clause 27 – Insurance.
Other Insurance
The Contractor must arrange and pay all premiums for all other insurance required under
General Conditions of Contract clause 27 – Insurance.
For professional indemnity insurance, a Certificate of Currency or evidence of the ability to
obtain the required insurance, such as a letter from a broker or insurer, may be required as a
condition of acceptance of tender.
3.7
Proposed Subcontractors and Consultants
For any individual Subcontract or consultancy agreement valued at more than $100,000 or
2% of the Contract Price, whichever is the greater, complete Tender Schedules - Schedule of
Proposed Subcontractors and Consultants, providing the names of the Subcontractors and
Consultants and descriptions of the type of work they will be carrying out. Include
confirmation that the recent WHS, environmental and workplace relations management
performance of the proposed Subcontractors and Consultants has been reviewed by the
Tenderer and found to be satisfactory. Submit the schedule when requested.
This information will be taken into account in assessing the tenders. Identification of
Subcontractors and Consultants before the award of the Contract will be taken as an
indication of the team approach to be used by the Contractor and a demonstration that the
Contractor will not trade off different subcontractors’ prices to obtain a lower price (a
practice that is unacceptable under the NSW Government Code of Practice for Procurement).
3.8
Preferred Subcontractors
The Contract includes work by preferred subcontractors in accordance with General
Conditions of Contract clause 29 - Engaging Subcontractors and Preliminaries clause Preferred Subcontractors.
3.9
Design development and documentation resources
Where the Tenderer proposes to use internal resources for design development and
documentation in any discipline not subject to Preferred Subcontractors, when requested,
provide full details to establish that each of the key staff have the proven competence,
qualifications and experience on similar tasks to satisfactorily perform the proposed functions
in accordance with Tender Schedules - Schedule of Internal Designers.
Where the Tenderer proposes to use other than internal resources for design development and
documentation, when requested, for such work which is not subject to Preferred
Subcontractors, provide full details and references to show their proven competence,
qualifications and experience on similar tasks to satisfactorily perform the proposed functions
in accordance with Tender Schedules - Schedule of External Designers.
3.10
Development Application
The successful Tenderer must complete and lodge a Development Application.
Preliminaries clause - Development Consent.
Contract Name: »
Contract No: »
See
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Page C-5
CONDITIONS OF TENDERING
4
Current policies
4.1
Adjustment for Customs Tariffs
Submit, when requested, the particulars of imported items shown in Tender Schedules Schedule for Adjustment of Customs Tariffs.
4.2
Disclosure of Tender and Contract information
The Principal will publish details of tenders and any contract awarded as a result of this
tender process in accordance with the Government Information (Public Access) Act 2009
(NSW) and Premier’s Memorandum M2007-01.
4.3
Exchange of information between Government Agencies
By submitting a tender, the Tenderer authorises the Principal to gather, monitor, assess, and
communicate to other State and Commonwealth Government agencies or local government
authorities information about the Tenderer’s financial position and its performance in respect
of any contract awarded as a result of the tender process. Such information may be used by
those agencies or authorities in considering whether to offer the Tenderer future opportunities
for work.
4.4
Financial assessment
By tendering for this Contract, the Tenderer agrees that the Principal may engage private
sector consultants to financially assess tenderers. Financial details of tenderers may be
obtained by an external Financial Assessor for assessment. Financial Assessors have a
contract with the Principal to safeguard the financial details obtained. Financial Assessors
must not disclose such details, either in whole or in part to any party other than NSW
Government departments or agencies without the express written permission of the tenderer.
A list of Financial Assessors who may be engaged by the Principal is shown at the link
labelled ‘list of prequalified service providers’ on the webpage at:
http://www.procurepoint.nsw.gov.au/before-you-supply/prequalification-schemes/financialassessment-services
Submit, when requested by the Financial Assessor or Principal, the Financial Assessment
information shown in Tender Schedules - Schedule of Financial Assessment Information.
4.5
Security of documents
All RFT documents marked as “restricted” are classified maximum security documents. No
copies are to be made by Tenderers, their agents or anyone else other than for tendering
purposes. All such documents and copies are to be returned to the Principal on completion of
the tendering process.
4.6
Workplace Relations management
Tenderers must demonstrate their capacity to plan and manage workplace relations and
implement effective workplace relations plans in accordance with the NSW Government
Implementation Guidelines to the NSW Code of Practice.
Submit the information identified in Tender Schedules - Schedule of Workplace Relations
Information.
4.7
Unconditional undertakings - approved institutions
For the purpose of giving unconditional undertakings, banks, building societies, credit unions
and insurance companies listed by the Australian Prudential Regulation Authority (APRA) as
being regulated by the APRA are acceptable. Lists appear at the APRA website at:
www.apra.gov.au/
The Principal is prepared to consider proposals from tenderers for the approval of
Unconditional Undertakings by substantial financial institutions, not registered by APRA,
which lawfully carry on business in Australia. The Principal may require the submission of
evidence demonstrating the substance and status of any proposed financial institution without
cost to the Principal.
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-6
CONDITIONS OF TENDERING
4.8
Commonwealth Building Code 2013
The Tenderer’s attention is drawn to the Building Code 2013 (Building Code) and the
Supporting Guidelines to the Building Code 2013 (Supporting Guidelines). Copies of the
Building
Code
and
Supporting
Guidelines
are
available
at
www.employment.gov.au/BuildingCode.
By submitting an expression of interest or tender to undertake the work/services Tenderers
will be deemed to have read; and agreed that they must comply with the Building Code.
Notwithstanding any other provisions of the RFT Documents, Tenderers hereby consent to
the disclosure of information concerning compliance with the Building Code, including
details of whether or not a sanction (see Section 8.2 of the Supporting Guidelines) has been
imposed. This consent extends to disclosure by the Commonwealth, its agencies and
ministers, and disclosure to others for the purposes of facilitating compliance with the
Building Code and the exercise of their statutory and portfolio responsibilities. Tenderers
must ensure that their proposed subcontractors and consultants are also aware of, and agree to
comply with, these rights of use and disclosure.
Tenderers should be aware that the Building Code applies to:
(a) the project which is the subject of these RFT Documents; and
(b) all construction and building work undertaken by the Tenderer and its related
entities (see section 8 of the Building Code) thereafter as defined in the Building
Code, including work on all new privately funded construction projects in
Australia.
Tenderers are required to comply with the Building Code. As part of their tender response,
Tenderers must submit a signed “Declaration of Compliance” in accordance with the
Declaration of Compliance which is appears in the Tender Schedules included in this Request
for Tender.
Each Tenderer must indicate in its Tender response:
(a) whether the Tenderer or a related entity of the Tender has ever been subject to a
sanction imposed under the Building Code and Supporting Guidelines;
(b) whether the Tenderer has had an adverse Court or Tribunal decision (not including
decisions under appeal) for a breach of workplace relations law, work health and
safety law, or workers’ compensation law and the tenderer has not fully complied,
or is not fully complying, with the order.
(c) whether the Tenderer has had any adverse court, tribunal, industrial relations
commission or Fair work Australia finding, order or penalty awarded against them
in the last two years (and if so provide details);
(d) how the Tenderer and its related entities have complied with the Building Code in
the past (if the Tenderer has undertaken Australian Government funded
construction work in the past);
(e) how the Tenderer intends to comply with the Building Code in performing the
Contract, should it be the successful Tenderer; and
(f) where the Tenderer proposes to subcontract an element of the project, either:

the information detailed in the above subclauses (a) and (b) in relation to
each subcontractor, or

how the Tenderer intends to ensure each subcontractor complies with the
Building Code.

where the tenderer has an enterprise agreement made under the Fair Work
Act on or after 1 February 2013, Australian Government agencies must
require the tenderer to confirm, in their submission, that the agreement
includes genuine dispute resolution procedures.
While acknowledging that value for money is the core principle underpinning decisions on
Government procurement, tenderers should note that when assessing tenders, preference may
be given to Tenders that demonstrate a commitment to:
(g) adding and/or retaining trainees and apprentices;
(h) increasing the participation of women in all aspects of the industry; or
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-7
CONDITIONS OF TENDERING
(i) promoting employment and training opportunities for Indigenous Australians in
regions where significant indigenous populations exist.
»
4.9
Aboriginal participation
The Tenderer’s attention is drawn to the requirements of the NSW Government Policy on
Aboriginal Participation in Construction.
The policy document is available from the Policy framework for construction page in the
ProcurePoint website at:
https://www.procurepoint.nsw.gov.au/policy-and-reform/nsw-procurementreform/construction/policy-framework-construction
Refer to General Conditions of Contract, Contract Information item 15F and Preliminaries
clause – Aboriginal Participation for Contract-specific requirements.
4.10
Training management
Tenderers must demonstrate their commitment and capacity to effectively plan and
implement training management in accordance with the NSW Government Training
Management Guidelines (February 2009) which are available at:
http://www.dpc.nsw.gov.au/__data/assets/pdf_file/0008/43694/Training_Management_Guide
lines_Apprentices.pdf
Submit when requested an Enterprise Training Management Plan complying with the
Guidelines.
Submit when requested a statement outlining the Tenderer’s priorities for training in the
enterprise.
Submit when requested a statement confirming that the Tenderer, if successful, will provide a
Project Training Management Plan before site works begin.
5
Further information
5.1
Addenda to RFT Documents
If, as a result of a request for clarification from a tenderer or for any other reason, the
Principal issues an instruction amending the Request for Tender (RFT) documents, the
instruction will be issued in writing to all tenderers in the form of an Addendum, which
becomes part of the RFT documents. Written Addenda issued by the Principal are the only
recognised explanations of, or amendments to, the RFT documents.
5.2
Site access restrictions
Tenderers and their agents or representatives must:

obtain permission to inspect the Site from the Client’s Representative at least 48 hours
before access to the Site is required;

upon arrival, at the pre-arranged time, introduce themselves at the Client
Representative’s office prior to undertaking their inspection of the Site.
The Client’s Representative’s details are:
Name:
»
Telephone number:
»
Facsimile Number:
»
e-mail address:
»
The Client’s Representative may be contacted:
Contract Name: »
Contract No: »
on the following days:
»
between the hours of:
»
GC21 Edition 2 Revision Date: 19/10/2015
Page C-8
CONDITIONS OF TENDERING
Tenderers should telephone the Contact Person if they experience difficulty in securing an
appointment with the Client’s Representative for a site inspection.
5.3
Pre-tender meeting
A pre-tender meeting will be held on the date, at the time and at the place nominated in the
advertisement or invitation.
The Contact Person will be available at that time to answer any tenderer’s queries regarding
the tender.
»
6
Preparation of Tenders
6.1
Alternative Tenders
The Principal may consider alternative tenders, provided the alternative tender meets the
scope, functional intent and design concept expressed in the tender document. Where an
alternative tender is proposed, submit a detailed description of the alternative stating clearly
the manner in which it differs from the detailed requirements of the RFT documents and
including separate tender schedules applicable to the alternative.
Alternative tenders will not be considered unless the Tenderer has submitted a conforming
tender.
Alternatives will not be considered for the following aspects of the work:

»
Mandatory Alternative Tenders
»
Alternative Price Not Subject to Cost Adjustment
The Principal will consider additional tenders which offer a price not subject to cost
adjustment.
6.2
Schedule of Information for “Payment Claim Worksheet”
Submit, when requested, the details shown in Tender Schedules - Schedule of Information for
General Conditions of Contract - Schedule 3 (Payment Claim Worksheet).
6.3
Schedule of Contract Information
Submit, when requested, the details shown in Tender Schedules - Schedule of Contract
Information.
6.4
Technical data
Submit, when requested, the details shown in Tender Schedules - Schedule of Technical
Data.
6.5
Program
Submit a program, when requested, in the form of a bar chart or network diagram, showing
how Scheduled Progress will be achieved and including allowance for holidays; restraints
imposed by the Principal’s Documents; any Milestones; any external dependencies including
provision of access and work by others. This program may form part of the Contract under
General Conditions of Contract clause 22 - Time management.
6.6
Tender Concept/ Design
The Tenderer’s tender concept design, if accepted, will be further developed into the
Contractor’s Documents under Preliminaries clause - Contractor’s Tender Concept/
Design. The Tenderer’s tender concept design must be able to satisfy all the design
requirements of the Contract.
Supply sufficient information to allow critical appraisal of the tender including:

Contract Name: »
Contract No: »
»
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CONDITIONS OF TENDERING
7
Submission of Tenders
7.1
Documents to be submitted
The following documents must be completed and submitted by the Tenderer:
 »
Do not change the text on the Tender Form or Tender Schedules, other than to insert the
required information.
Acknowledge on the Tender Form, by listing the applicable Addendum numbers, that the
tender allows for all Addenda issued.
7.2
Submission procedure
Submit the Tender Form, Tender Schedules marked ‘Submit with the Tender Form’ and other
required documents or information by the date and time given in the advertisement or
invitation.
If more than one tender submission is made, mark each submission clearly as to whether it is
a copy, an alternative tender, or whether the submission supersedes another submission.
Submit when requested, by the date, time and method stipulated in the request, Tender
Schedules marked ‘Submit when requested’ and any other information required to allow
further consideration of the Tender.
Failure to meet these requirements may result in the Tender being passed over.
7.3
eTendering
Tenderers are encouraged to obtain Requests for Tenders (RFT) and submit tenders through
NSW Government online eTendering at:
https://tenders.nsw.gov.au.
Login as an eTendering system user, locate the RFT web page and follow on-screen
instructions. Access is generally available 24 hours a day, 7 days per week.
Legal status
Tenders submitted electronically will be treated in accordance with the Electronic
Transactions Act 2000 (NSW), and given no lesser level of confidentiality, probity and
attention than tenders submitted by other means.
Lodgement of a tender electronically is evidence of a tenderer’s acceptance of any conditions
shown on the eTendering website.
The Principal may decline to consider for acceptance, tenders that cannot be effectively
evaluated because they are incomplete or corrupt.
Electronic Format for Submissions
Tenders submitted electronically must be in a file format that can be read, formatted,
displayed and printed by Microsoft Word 2007, or any format required by the RFT.
Any CAD files submitted with an electronically lodged tender must be in DGN, DWG, or
DXF format. The Principal uses Microstation and Tenderers must ensure that any CAD files
submitted that will correctly display and print in Microstation.
»
File Compression
Tenderers may compress electronic tenders in any format that can be decompressed by
WinZip. Tenderers must not submit self-extracting (*.exe) zip files.
Change of Tender Form Text
Tenderers must not change existing text in electronic tender forms other than to insert
required information.
7.4
Hard copy tenders
The Tender may be submitted in the Tender Box at:
»
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-10
CONDITIONS OF TENDERING
Submit the Tender in a sealed envelope addressed to the Secretary of the Tender Opening
Committee and marked with ‘Tender for »’ and the closing date and time.
7.5
Facsimile tenders
The Tender may be submitted to the following facsimile number:
»
Address the Tender to the Secretary of the Tender Opening Committee and mark the first
page of the facsimile with ‘Tender for »’ and the closing date and time.
Tenders sent by facsimile and not completely received by the close of tenders may be
excluded from consideration for acceptance even if transmission or receipt is delayed due to
the receiving facsimile machine being engaged, faulty or otherwise inoperative.
7.6
Special requirements for the two-envelope system
This RFT process is being managed under the Two-Envelope system. The tender must be
lodged in two clearly-identified packages. A package may be an electronic file, an identified
set of files (including a set within a zipped file), an envelope or a separate facsimile
transmission.
The first package is for Tender Schedules and other documents containing information
responding to non-price tender evaluation criteria and must not include any price
information. The second package is for the Tender Form and any other Tender Schedules
containing price information. Price information includes Contract Prices, Rates, Lump Sum
Amounts, Provisional Allowances and Amounts for Optional Additional Works or
Alternative Tenders.
Each package, document or file lodged with the tender form must be marked with the
applicable identifier, as shown below:
7.7

“Envelope 1: Non-price information”

“Envelope 2: Price information”
Late Tenders
In accordance with the NSW Government Code of Practice for Procurement late
tenders will not be accepted, except where the integrity and competitiveness of the
tendering process will not be compromised.
The Code of Practice for Procurement is available on the ProcurePoint website.
8
Procedures after closing of Tenders
8.1
Evaluation of Tenders
In evaluating tenders, the Principal may take into consideration factors including, but not
limited to: whole of life costs; ability to meet requirements of the NSW Government Code of
Practice for Procurement; innovation; delivery time; quality offered; previous performance;
experience; capability; work health and safety performance; workplace relations
performance; environmental management performance; community relations; value adding
including economic, social and environmental initiatives; and conformity.
Tenders will be assessed using a weighted scoring process based on information provided
with the Tender. The ratio of price to non-price criteria will be: »
The non-price criteria will be:
 »
The Principal may elect to pass over a tender from a tenderer with an assessed score on any
of the above non-price criteria that is below a threshold acceptable to the Principal.
The Principal may treat any detail required by the RFT documents which is omitted, illegible
or unintelligible as failing to fulfil the relevant requirement.
8.2
Acceptance of Tender
The Principal may accept tenders that do not conform strictly with all requirements of the
RFT documents.
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-11
CONDITIONS OF TENDERING
The Principal is not bound to accept the lowest or any tender. Tenders which do not comply
with any requirement of, or which contain conditions or qualifications not required or
allowed by, the tender document may be passed over.
No tender, or qualification or departure from a contract condition or specification, is accepted
unless the Principal gives an acceptance or formal agreement in writing.
Tenders may be accepted for the whole of the work or specific sections as follows:
 »
Separate contracts may be awarded for specific sections to different Tenderers as follows:

8.3
»
Protection of privacy
The Tenderer warrants, in respect of any personal information provided in this Tender or any
contract arising from this Tender, that the information is accurate, up to date and complete,
and that nominated individuals authorise its collection and are aware:

that the information is being collected for the purpose of evaluating tenders and
administering any contracts arising from those tenders and may be made available to
other NSW government agencies or local government authorities for those purposes;

whether the supply of the information by the individual is required by law or is
voluntary, and any consequences for the individual if the information (or any part of it)
is not provided; and

of the existence of any right of access to, and correction of, the information.
END OF SECTION – CONDITIONS OF TENDERING
Contract Name: »
Contract No: »
GC21 Edition 2 Revision Date: 19/10/2015
Page C-12