COMMONWEALTH OF AUSTRALIA
DEPARTMENT OF DEFENCE
TENDER DOCUMENTS
MEDIUM WORKS CONTRACT
TENDER NUMBER: [INSERT TENDER NUMBER]
PROJECT NUMBER: [INSERT PROJECT NUMBER]
PROJECT NAME: [INSERT PROJECT NAME AND
DESCRIPTION OF WORKS, AS APPLICABLE]
[CONSTRUCT ONLY/DESIGN AND CONSTRUCT]
[LAST AMENDED: 11 JUNE 2013- PLEASE REMOVE PRIOR TO TENDER ISSUE]
19th Chief Engineer Works
ROYAL AUSTRALIAN ENGINEERS
373A Avoca Street, RANDWICK, NSW 2031
(Ph: 02 9349 0242)
(Fax: 02 9349 0243)
Please note:

matters in [SQUARE BRACKETS AND ITALICS] are to be completed by the
Principal before Tender Documents are issued to Tenderers; and

matters in [SQUARE BRACKETS AND BOLD] are to be completed by the
Tenderer before submitting a Tender.
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[IF:
(A)
THE PRINCIPAL WISHES TO ISSUE DRAFT TENDER DOCUMENTS;
(B)
THE VALUE OF THE WORKS IS BETWEEN $2 - 15 MILLION;
(C)
THE PUBLIC WORKS COMMITTEE OF PARLIAMENT MUST BE NOTIFIED OF THE
WORKS; AND
(D)
THE PWC HAS NOT YET CONFIRMED THAT IT HAS NO OBJECTION TO THE WORKS
PROCEEDING; OR
IF:
(E)
THE VALUE OF THE WORKS IS IN EXCESS OF $15 MILLION;
(F)
PARLIAMENTARY APPROVAL UNDER THE PWC ACT FOR THE WORKS MUST BE
OBTAINED; AND
(G)
PARLIAMENTARY APPROVAL UNDER THE PWC ACT HAS NOT YET BEEN
OBTAINED; OR
IF:
(H)
THE PRINCIPAL WISHES TO ISSUE DRAFT TENDER DOCUMENTS; AND
(I)
APPROVALS FOR THE WORKS HAVE NOT YET BEEN OBTAINED,
INSERT THE FOLLOWING CLAUSE HERE:
APPROVALS FOR THE WORKS
(a)
These Tender Documents are being issued by the Principal pending Approval for the Works, which may
or may not be obtained.
(b)
If Approval is obtained, then the Principal will notify Tenderers by fax, post or email that Approval has
been obtained and the Tenderer will be required to submit its Tender in accordance with the Tender
Conditions.
(c)
If Approval is not obtained, then the Principal will either:
(d)
(i)
terminate the tender process and Tenderers will not be required to submit a Tender; or
(ii)
extend the closing date for the Tender for such period (or periods) as the Principal considers
necessary to obtain the necessary Approval, in which case Tenderers will be required to
submit a Tender in accordance with the extended closing date.
The release of the Tender Documents is not (and is not to be taken to be) a representation that:
(i)
Approval will be obtained; or
(ii)
the Principal will enter into a Contract for the Works.
(e)
In light of the current status of the Works, and the possibility that the Works will not receive Approval,
it is therefore a matter for each Tenderer to determine the extent to which it commences preparation of
any materials which it could use in its Tender. If the tender process does not proceed, Tenderers will
have no claim (at law or in equity) against the Principal.
(f)
For the purposes of this clause, Approval includes:
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(i)
(ii)
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in respect of the Public Works Committee Act 1969 (Cth):
A.
where approval for the Works is required, a resolution of the House of
Representatives, a declaration of the Governor-General by order or a declaration
of the relevant Minister by published notice, in each case as required by the
Public Works Committee Act 1969 (Cth); or
B.
where notification of the Works is required, confirmation by the Public Works
Committee of Parliament that it has no objection to the works proceeding; and
approval of the Works, if required, in relation to any:
A.
cultural, heritage or environmental licence, permit, consent, determination or
other requirement;
B.
relevant indigenous land use agreement;
C.
housing management agreement with the relevant State or Territory authority;
or
D.
other Commonwealth, State, Territory or local approvals that may be required
for the Works.]
Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
Contents
PART 1 - TENDER CONDITIONS ............................................................................................. 1
1.
INFORMATION FOR TENDERERS ........................................................................... 2
2.
INTERPRETATION AND TENDER DOCUMENTS..................................................... 3
3.
TENDERS .................................................................................................................. 4
4.
EVALUATION OF TENDERS ..................................................................................... 6
5.
TENDERER'S DUE DILIGENCE ................................................................................ 8
6.
INFORMATION DOCUMENTS ................................................................................... 8
7.
PROPOSED PROCEDURE BEFORE AND AFTER CLOSING DATE
AND TIME .................................................................................................................. 9
8.
ACCEPTANCE OF TENDERS ................................................................................. 11
9.
NOTIFICATION AND DEBRIEF ............................................................................... 12
10.
COSTS AND CLAIMS .............................................................................................. 12
11.
USE OF TENDERS .................................................................................................. 12
12.
LIMITED TENDER .................................................................................................... 12
13.
CONFIDENTIALITY .................................................................................................. 12
14.
COMMONWEALTH POLICIES ................................................................................ 13
15.
AUSTRALIAN NATIONAL AUDIT OFFICE.............................................................. 14
16.
FREEDOM OF INFORMATION ................................................................................ 14
17.
TENDERER'S COMMERCIAL-IN-CONFIDENCE INFORMATION .......................... 14
18.
PROTECTION OF PERSONAL INFORMATION ...................................................... 15
19.
EMPLOYEE ENTITLEMENTS .................................................................................. 15
20.
SPECIFIED SUBCONTRACTORS ........................................................................... 15
21.
SPECIAL CONDITIONS OF TENDER ...................................................................... 15
APPENDIX 1 - SPECIAL CONDITIONS OF TENDER ............................................................. 16
PART 2 - TENDER PARTICULARS ........................................................................................ 17
PART 3 - TENDER FORM ....................................................................................................... 22
PART 4 - TENDER SCHEDULES ............................................................................................ 26
TENDER SCHEDULE A - WORKLOAD AND PROPOSED RESOURCES ............................. 26
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TENDER SCHEDULE B - TASK APPRECIATION AND METHODOLOGY[AND
PRELIMINARY DESIGN SOLUTION - IF DESIGN AND CONSTRUCT
METHOD ONLY] ...................................................................................................... 28
TENDER SCHEDULE C - PREVIOUS PERFORMANCE ........................................................ 30
TENDER SCHEDULE D - PROGRAM ..................................................................................... 31
TENDER SCHEDULE E - TENDERER'S INSURANCE DETAILS ........................................... 32
TENDER SCHEDULE F - MISCELLANEOUS CONTRACT PARTICULARS .......................... 34
TENDER SCHEDULE G - TENDERER'S COMMERCIAL-IN-CONFIDENCE
INFORMATION ........................................................................................................ 35
TENDER SCHEDULE H - CONTRACT PRICE ........................................................................ 36
TENDER SCHEDULE I - FINANCIAL STANDING .................................................................. 37
TENDER SCHEDULE J - ALTERNATIVE PROPOSALS ........................................................ 38
PART 5 - CONTRACT ............................................................................................................. 39
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project/works, as applicable]
PART 1 - TENDER CONDITIONS
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER CONDITIONS
1.
INFORMATION FOR TENDERERS
1.1
General
The Tenderer is invited to submit a Tender for the Contractor's Activities on the terms of the Tender Documents.
[If AusTender is used, insert the following clause 1.2.]
[If AusTender is used, the relevant reference to AusTender in clauses
2(a)(v)B.1), 2(a)(vii), 2.(b), 2(c), 2(e), 6(a)(i), 6(a)(ii), 7(a)(ii)C. and 7(a)(iv)B must
also be inserted.]
1.2
[AusTender, the Australian Government Tender System]
(a)
[AusTender is the Australian Government's procurement information system. Access to and use of
AusTender is subject to terms and conditions. In participating in this Tender, Tenderers must comply
with those terms and conditions and any applicable instructions, processes, procedures and
recommendations as advised on AusTender from time to time at https://www.tenders.gov.au.
(b)
All queries and requests for technical or operational support must be directed to:
AusTender Help Desk
Telephone: 1300 651 698
International:+61 2 6215 1558
Email: tenders@finance.gov.au
The AusTender Help Desk is available between 9am and 5pm ACT Local Time, Monday to Friday
(excluding ACT and national public holidays). Tenderers should note that all questions related to
this Tender must be addressed to the Tender Administrator in accordance with clause 2(b).
(c)
Tenderers should inform themselves of the security measures and other aspects of AusTender prior to
using it for any matter related to this Tender. The Principal makes no representations or warranties
about the security or unauthorised access to any information transmitted via the internet to, or from,
AusTender or to or from the Commonwealth and accepts no responsibility arising from any use or
attempted use of AusTender by a Tenderer.
(d)
If the Principal amends the Tender Documents prior to the Tender Closing Time specified in clause
2(a)(iii), then the Principal will issue an amendment to these Tender Documents via AusTender. The
Principal will endeavour to issue an electronic advice to tenderers who have registered with
AusTender for that purpose.
(e)
The Principal accepts no responsibility if a tenderer fails to become aware of any addition, deletion,
variation, modification or amendment to the Tender Documents, notice or further Information
Documentation available for tenderers as referred to in clause 2(a)(v) which would have been
apparent from a visit to the AusTender internet site or from other information available from the
Contact Officer.
(f)
Tenderers acknowledge that it is their responsibility to download any addition, deletion, variation,
modification or amendment to the Tender Documents or further Information Documentation
available for Tenderers as referred to in clause 2(a)(v) via AusTender. The Tender Documents or any
addition, deletion, variation, modification or amendment published through the AusTender internet
site will take precedence over any other version of the Tender Documents or addition, deletion,
variation, modification or amendment if there is any inconsistency.]
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
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2.
INTERPRETATION AND TENDER DOCUMENTS
(a)
In these Tender Conditions and in the other Tender Documents:
(i)
all words and expressions will (unless the context otherwise requires) have the meanings
assigned to them in the Conditions of Contract in Part 5 or the meanings assigned to them in
these Tender Conditions;
(ii)
Claim includes (without limitation) any claim:
A.
under, arising out of, or in any way in connection with, any contract which the
Tenderer may enter into with the Principal in respect of the project;
B.
arising out of, or in any way in connection with, any task, thing or relationship
connected with the project; or
C.
otherwise at law or in equity including (without limitation):
1)
by statute;
2)
in tort for negligence or otherwise, including (without limitation)
negligent misrepresentation; or
3)
for restitution;
(iii)
Closing Date and Time means the time and date set out in the Tender Particulars;
(iv)
Principal means the person set out in the Tender Particulars;
(v)
Information Documents means:
A.
the documents listed in the Tender Particulars; and
B.
any other document or amendment to a document which is:
1)
issued by the Tender Administrator to the Tenderer prior to the
Closing Date and Time [by fax, post or email/via AusTender]; and
2)
at the time of issue, expressly stated to be an "Information
Document" or an amendment to an Information Document;
(vi)
Tender means the documents lodged with the Principal pursuant to these Tender
Conditions;
(vii)
Tender Administrator means the person specified in the Tender Particulars or any other
person notified to the Tenderer by the Principal [by fax, post or email/via AusTender];
(viii)
Tender Conditions means these tender conditions in Part 1;
(ix)
Tender Documents means:
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A.
the Tender Conditions;
B.
the Tender Particulars in Part 2;
C.
the Tender Form in Part 3;
D.
the Tender Schedules in Part 4;
E.
the Contract in Part 5;
F.
the Special Conditions of Tender - in Appendix 1;
G.
the Design Documents (as defined in the Conditions of Contract in Part 5); and
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H.
the other documents referred to in the reference in the Contract Particulars in
Part 5, which correspond to the definition of "Contract" in clause 19.1 of the
Conditions of Contract in Part 5,
but excludes the Information Documents;
(x)
Tenderer means the entity (or entities) invited to submit a Tender;
(xi)
any reference to a Part is a reference to a Part of the Tender Documents; and
(xii)
any reference to one of the documents described in the definition of the "Tender
Documents" in subparagraph (ix) is a reference to the document so entitled which is
included in the Tender Documents.
(b)
If the Tenderer finds any discrepancy, error or omission in the Tender Documents or has any question or
wishes to make any enquiry concerning the Tender Documents, it must notify the Tender Administrator
in writing (which may be sent by means of email transmission) prior to the Closing Date and Time.
Answers to any such notices or questions may be given by the Tender Administrator (in its absolute
discretion) in the form of addenda under subclause 2(c) or as Information Documents. Subject to the
Commonwealth Procurement Rules (if applicable), the Tender Administrator is not obliged to respond
to all such notices. The postal address, fax and email address of the Tender Administrator are as set out
in the Tender Particulars or as otherwise notified by the Principal to Tenderers [by fax, post or email/in
an addendum issued via AusTender].
(c)
[INSERT "SUBJECT TO" IF AUSTENDER USED][The/Subject to clause 1.2(d) to 1.2(f), the]
Principal may amend the Tender Documents at any time prior to the Closing Date and Time. Any
amendment to the Tender Documents will be issued in the form of an addendum and will be issued to all
Tenderers [by fax, post or email/via AusTender]. No explanation or interpretation of the Tender
Documents may be relied upon by the Tenderer unless given in the form of an addendum. Addenda
issued under this subclause (c) will become part of the Tender Documents.
(d)
One copy of the Tender Documents will be supplied to the Tenderer without charge.
(e)
[INSERT IF AUSTENDER USED][In the event of a discrepancy between a communication made via
AusTender and any other form of communication, the communication made via AusTender will
prevail.]
3.
TENDERS
3.1
Conforming Tender
To submit a conforming Tender:
(a)
(b)
the Tender must be submitted:
(i)
in the tender box located at the address set out in the Tender Particulars; and
(ii)
by the Closing Date and Time;
the Tender must satisfy each minimum form and content requirement as follows:
(i)
the Tender must remain valid for 90 days, during which period the Tenderer cannot
withdraw its Tender;
(ii)
the Tenderer must accept (without departure, qualification. amendment. limitation or
exclusion) the Contract in Part 5, except to the extent provided for in clause 3.3 and set out
by the Tenderer in Tender Schedule J - Alternative Proposals; and
(iii)
each additional minimum form and content requirement (if any) specified in the Tender
Particulars; and
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
(c)
the Tenderer must at the time of submitting its Tender satisfy each condition of participation (if any)
specified in the Tender Particulars.
3.2
Non-Conforming Tender
In submitting its Tender, the Tenderer acknowledges and agrees that:
(a)
if it did not submit its Tender in accordance with clause 3.1(a)(i), then the Tender will be regarded as
non-conforming and will not be evaluated (or continue to be evaluated) unless the reason it was not
submitted in accordance with clause 3.1(a)(i) was solely due to mishandling by the Principal;
(b)
it is responsible for submitting its Tender in accordance with clause 3.1(a)(i) and managing all
surrounding risks, including those associated with mishandling by a courier or mail service provider
engaged by the Tenderer, travel arrangements and weather conditions;
(c)
if the Tender does not satisfy each minimum form and content requirement specified in 3.1(b), then the
Tender will be regarded as non-conforming and will not be evaluated (or continue to be evaluated)
unless the Principal considers (in its absolute discretion) that the failure to satisfy any minimum form
and content requirement was due to an unintentional error by the Tenderer and the Principal (in its
absolute discretion) seeks, reviews and accepts any correction to the unintentional error; and
(d)
if it does not satisfy each condition for participation referred to in clause 3.1(c), then the Tender will be
regarded as non-conforming and will not be evaluated (or continue to be evaluated).
3.3
Alternative Proposals
(a)
The Principal offers the Tenderer the opportunity to provide alternative proposals in the pursuit of
greater value for money. The Tenderer should note, however, that (subject to the Principal's absolute
discretion under clause (c)) it must submit a fully conforming Tender which accepts without departure,
qualification, amendment, limitation or exclusion the Contract in Part 5 before an alternative proposal
will be considered.
(b)
If the Tenderer wishes to submit any alternative proposal, it must be set out in Tender Schedule J Alternative Proposals.
(c)
If the Principal (in its absolute discretion) selects or accepts any alternative proposal, the Principal will
make any necessary alterations to the Contract in Part 5.
3.4
Administrative Arrangements
(a)
Any enquiries must be directed to the Tender Administrator in writing.
(b)
The Tenderer is requested to provide the information requested in:
(i)
the Tender Schedules; and
(ii)
the Tender Form in Part 3, including:
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A.
confirm that the Tenderer has allowed in the Tender for the requirements
contained in all addenda issued under clause 2(c) and identify each addendum
by its number and date of issue;
B.
provide, if the Tenderer is:
1)
a person, the name in full and the address of the person;
2)
a firm, the name in full and the address of each member of the firm
and its ABN (if applicable);
3)
a trust or operating under any other fiduciary capacity, the name in
full and details of the trust or fiduciary arrangements (including a
copy of the trust deed) and its ABN (if applicable); or
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
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4)
C.
(c)
a corporation, the name of the corporation, the date and place of
incorporation, address of its registered office, address of its
principal place of business and its ACN and ABN;
provide details (as applicable) concerning:
1)
organisational structure (including by way of a current
organisational chart or diagram);
2)
any trading or business name, if different from a registered name;
3)
related bodies corporate within the meaning of the Corporations Act
2001 (Cth); and
4)
for a foreign individual, firm or corporation, details of its
registration, incorporation and place of business in Australia,
together with the name of any Australian representative;
D.
a street address (not a post office) and fax number for service of notices for the
purpose of its Tender; and
E.
details of its builder's registration or licence number.
The Tenderer is requested to:
(i)
execute the Tender Form by:
A.
having a person or persons with full authority to bind the Tenderer for the
purposes of the Tender and the Contractor's Activities execute the Tender Form;
or
B.
if the Tenderer is a corporation, affixing the common seal in the manner
prescribed by the Corporations Act 2001 (Cth) to the Tender Form; and
C.
if the Tenderer consists of more than one entity, having each entity execute the
Tender Form in accordance with either subsubparagraph A or B (as applicable),
and if the Tender Form is executed in the manner described in subsubparagraph A, the
Tenderer is also requested to provide evidence of the authority of the person or persons
executing the Tender Form;
(d)
endorse the outside of each sealed package with the words set out in the Tender Particulars;
(e)
submit the number of bound copies and unbound copies specified in the Tender Particulars, with one
bound copy marked "Original" and each other copy marked "Copy". In the event of any discrepancies
between the copies, the copy marked "Original" will prevail;
(f)
unless otherwise specified, express measurements in Australian legal units of measurement;
(g)
unless otherwise specified in the Tender Particulars, state all prices in Australian Dollars;
(h)
ensure that all contents, alterations and erasures are clearly and legibly stated and initialled by the
Tenderer (if applicable),
but these are not minimum form and content requirements for its Tender.
4.
EVALUATION OF TENDERS
Tenders will be evaluated to determine the Tender which represents the best value for money to the Principal. In
considering the Tender, the Principal:
(a)
will apply the following evaluation criteria:
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
(i)
workload and proposed resources. The extent to which the Tenderer has demonstrated
that it has the availability and ability to resource the Contractor's Activities and the Works
(noting that the type of information the Principal is seeking is outlined in Tender Schedule A
- Workload and Proposed Resources);
(ii)
task appreciation and methodology. The extent to which the Tenderer has demonstrated
that it:
A.
comprehends key issues and will implement appropriate solutions for the
Contractor's Activities and the Works; and
B.
will implement appropriate management strategies for the Contractor's
Activities and the Works, including methodology, quality assurance, work
health and safety, site management, environmental management, time and cost
control, commissioning and handover, Whole-of-Life (WOL) and logistics
support requirements (noting that the type of information the Principal is
seeking is outlined in Tender Schedule B - Task Appreciation and
Methodology).
(iii)
previous performance. The extent to which the Tenderer has demonstrated that it has the
experience and ability to perform the Contractor's Activities and the Works (noting that the
type of information the Principal is seeking is outlined in Tender Schedule C - Previous
Performance);
(iv)
program. The extent to which the Tenderer has demonstrated that it has satisfactorily
programmed the Contractor's Activities and the Works (noting that the type of information
the Principal is seeking is outlined in Tender Schedule D - Program);
(v)
the Tenderer's commercial position. The extent to which the Tenderer has demonstrated
that it has a satisfactory commercial position in respect of the Contract, the Works and the
Contractor's Activities, which may include (in the Principal's absolute discretion):
A.
insurance details (noting that the type of information the Principal is seeking is
outlined in Tender Schedule E - Tenderer's Insurance Details);
B.
miscellaneous Contract Particulars (noting that the type of information the
Principal is seeking is outlined in Tender Schedule F - Miscellaneous Contract
Particulars);
C.
commercial-in-confidence information (if any) (noting that the type of
information the Principal is seeking is outlined in Tender Schedule G Tenderer's Commercial-in-Confidence Information);
D.
financial standing (noting that the type of information the Principal is seeking
is outlined in Tender Schedule I - Financial Standing); and
(vi)
Contract Price. The extent to which the Tenderer has demonstrated that its Contract Price,
when considered in conjunction with all other evaluation criteria and other information
taken into account, constitutes value for money (noting that the type of information the
Principal is seeking is outlined in Tender Schedule H - Contract Price); and
(vii)
alternative proposals (if applicable, in the Principal's absolute discretion) (noting that the
type of information the Principal is seeking is outlined in Tender Schedule J - Alternative
Proposals).
(b)
will apply any additional evaluation criteria specified in the Tender Particulars;
(c)
may (in its absolute discretion) take into account the information which the Tenderer provided under
clause 7(b) but not the information which the Tenderer provided under clause 7(a); and
(d)
may (in its absolute discretion):
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
(i)
obtain information from its own inquiries and investigations, including from referees on
prior projects on which a Tenderer may have been involved (whether or not nominated by
the Tenderers in its Tender); and
(ii)
without limiting any other right or remedy of the Principal, decide not to evaluate a Tender
(or continue to evaluate a Tender) if the Tenderer has failed to comply with any of its
obligations in these Tender Conditions or has otherwise acted inconsistently with the tender
process.
5.
TENDERER'S DUE DILIGENCE
(a)
No representation has been or is made to the Tenderer by the Principal, the Tender Administrator, the
Contract Administrator or any of their employees, agents or consultants about the accuracy,
completeness or sufficiency of the Design Documents or that the Design Documents represents a
completed design of the Works which is suitable for construction purposes and the Principal:
(i)
has not assumed; nor
(ii)
does it assume,
a duty of care to the Tenderer concerning the Design Documents.
(b)
The Tenderer is required to do, and will be deemed to have done, everything that would be expected of a
prudent, competent and experienced contractor in:
(i)
assessing the risks which it is assuming under the Contract; and
(ii)
ensuring that its tendered Contract Price contains allowances to protect it against any of
these risks, including all those things, activities and tasks set out in the Tender Form.
(c)
The Tenderer may, subject to any conditions or restrictions imposed by the Tender Administrator,
inspect the Site and related Information Documents and for this purpose should contact the Tender
Administrator by fax, post or email to arrange an inspection.
(d)
[If construct only method only - otherwise strike out paragraph (d)] Without limiting paragraph (a), no
representation has been made or is made to the Tenderer by the Principal, the Tender Administrator, the
Contract Administrator or any of their employees, agents or consultants about the accuracy,
completeness or sufficiency of the Design Documents or that the Design Documents represent a
completed design of the Works which is free from Buildability Problems and the Principal:
(i)
has not assumed; nor
(ii)
does it assume,
a duty of care to the Tenderer concerning any Buildability Problems.
6.
INFORMATION DOCUMENTS
(a)
With respect to the Information Documents:
(i)
those Information Documents referred to in clause 2(a)(v)A have been made available
[electronically or in hard copy/via AusTender] and are immediately available for the
information only of the Tenderer;
(ii)
those Information Documents of the kind referred to in clause 2(a)(v)B may be issued to the
Tenderer by the Tender Administrator [via AusTender] from time to time prior to the
Closing Date and Time for the information only of the Tenderer;
(iii)
they do not form part of the Tender Documents and will not form part of any eventual
contract for the Contractor's Activities; and
(iv)
the Tenderer is not entitled to and shall not rely upon:
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
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A.
the Information Documents; or
B.
the accuracy or adequacy of the Information Documents,
for the purposes of preparing its Tender;
(v)
the Principal (or anyone on its behalf) does not warrant, guarantee, assume any
responsibility for or make any representation about the accuracy or adequacy of the
Information Documents;
(b)
to the extent permitted by law, the Principal will not be liable upon any Claim by the Tenderer arising
out of, or in any way in connection with, the Information Documents; and
(c)
the Tenderer must prepare its Tender, and enter into any Contract with the Principal, based on their own
investigations, interpretations, deductions, information and determinations.
7.
PROPOSED PROCEDURE BEFORE AND AFTER CLOSING DATE AND TIME
(a)
In submitting its Tender, the Tenderer acknowledges that:
(i)
the Principal requires the submission of fully competitive Tenders from each Tenderer,
which will generally maximise the possibility of exceptional performance by the successful
Tenderer in accordance with the terms of the Tender Documents;
(ii)
in light of subparagraph (i), before the Closing Date and Time, the Principal may (in its
absolute discretion and without being under any obligation to do so):
A.
(iii)
(iv)
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meet separately with representatives of each Tenderer to:
1)
obtain information in relation to, and clarify aspects of, the
Tenderer's proposed Tender;
2)
explain the intention of, and answer questions about, any aspect of
the Tender Documents; and
3)
raise and address any other issues which the Principal may (in its
absolute discretion) identify;
B.
require the Tenderer, within a specified time, to provide the Principal by fax,
post or email with further information or clarification in relation to aspects of
the Tenderer's proposed Tender; and
C.
request the Tender Administrator to amend the Tender Documents and
otherwise issue such addenda [via AusTender] as the Principal considers (in its
absolute discretion) necessary or desirable to further the objective in
subparagraph (i);
because each Tenderer is likely to have a different approach to the submission of its Tender
and the performance of the Contractor's Activities, the Principal may (in its absolute
discretion):
A.
raise issues with a Tenderer which it does not raise with other Tenderers;
B.
raise issues with a Tenderer which improves the proposed Tender to be
submitted by that Tenderer; and
C.
provide a Tenderer with opportunities to ask questions, provide information in
relation to or clarify aspects of its proposed Tender, or improve its proposed
Tender, which it does not provide to the other Tenderers;
the Principal is not obliged to:
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project/works, as applicable]
(b)
(c)
(d)
A.
provide any information or explanation, answer any questions or otherwise act
in any particular manner in or arising out of or in connection with any meeting
convened under this paragraph (a); or
B.
request the Tender Administrator to amend the Tender Documents or otherwise
issue any addenda [via AusTender] arising out of or in connection with any
meeting under this paragraph (a).
Following the Closing Date and Time, the Principal may (in its absolute discretion) do one or more of
the following from time to time with one or more Tenderers:
(i)
meet with representatives of the Tenderer to obtain further information, documents or
evidence in relation to, and otherwise clarify, aspects of the Tenderer's Tender;
(ii)
require the Tenderer to provide the Principal by fax, post, or email with further information,
documents, evidence or clarification in relation to any aspect of the Tenderer's Tender; and
(iii)
set aside a Tender, pending negotiations with one or more preferred Tenderers under
paragraph (d).
The Tenderer must:
(i)
attend and participate in all meetings required by the Principal under paragraph (b); and
(ii)
provide all information, documents, evidence or clarifications required by the Principal
under paragraph (b) within the time periods and in the formats specified by the Tender
Documents or as otherwise specified by the Principal.
The Principal may (in its absolute discretion) by notice by fax, post or email appoint one or more
Tenderers as preferred Tenderers:
(i)
with whom the Principal will enter into negotiations; and
(ii)
subject to the satisfaction of such conditions (if any) as may be stated in the notice,
including the signing of any preferred Tenderer negotiation protocol (setting out the basis on
which the Principal will negotiate with the preferred Tenderer).
(e)
The appointment of a Tenderer as a preferred Tenderer under paragraph (d) is not to be taken as a
representation that the Principal will award the Contract to the preferred Tenderer and does not bind the
Principal to do so.
(f)
Negotiations with preferred Tenderers under paragraph (d):
(i)
may be conducted on any basis which the Principal (in its absolute discretion) considers will
enable the Principal to improve the value for money which it would obtain from acceptance
of any preferred Tenderer's Tender;
(ii)
without limiting subparagraph (i), may involve the amendment of any aspect of the Tender
Documents (including the Contract in Part 5) or a preferred Tenderer's Tender, regardless of
how substantial the amendment or the fact that the amendment is only proposed to a
particular preferred Tenderer; and
(iii)
do not require the Principal to provide each preferred Tenderer (if more than one) with the
same information, opportunity to negotiate, or proposed amendment of any aspect of the
Tender Documents or the preferred Tenderer's Tender.
(g)
Without limiting paragraph (h)(iv), the Principal may (in its absolute discretion) discontinue
negotiations at any time and for any reason with a preferred Tenderer or appoint one or more other
preferred Tenderers with which to enter into negotiations.
(h)
In submitting its Tender, each Tenderer:
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project/works, as applicable]
(i)
acknowledges that the Principal does not intend to create any contract or other relationship
under which the Principal is legally obliged to conduct the tender process in any manner or
at all and that there is in fact no such contract or other relationship in existence;
(ii)
acknowledges that there will be no procedural or substantive limitation upon the manner in
which the Principal may (in its absolute discretion) conduct the tender process;
(iii)
acknowledges that, to the extent permitted by law:
A.
the Principal does not make any warranty, guarantee or representation about a
Tenderer's Tender, the Principal's requirements for the Contractor's Activities or
the way in which it will evaluate Tenders arising out of or in connection with
anything which the Principal states or does or omits to state or do in, arising out
of or in connection with any meeting under paragraph (a) or (b) or any industry
briefing (Meeting Conduct);
B.
the Principal does not owe any duty of care to the Tenderer in respect of any
Meeting Conduct; and
C.
the Tenderer will not in any way rely upon any such Meeting Conduct for the
purposes of preparing, amending or negotiating its Tender or entry into any
contract with the Principal with regard to the Contractor's Activities;
(iv)
acknowledges that, without limiting subparagraph (ii), the Principal may (in its absolute
discretion) vary, suspend or discontinue or terminate the tender process at any time and for
any reason;
(v)
releases the Principal from all Claims in respect of any costs, expenses, losses or damages
incurred or suffered as a result of or in connection with the tender process, the rejection of,
failure to evaluate or failure to accept the Tenderer's Tender, any failure to comply with the
Tender Documents, any Meeting Conduct or any debrief;
(vi)
acknowledges that the Principal is proceeding with the tender process strictly on the basis
of, and in reliance upon, the acknowledgements and releases set out above; and
(vii)
will indemnify the Principal in respect of all claims, losses, damages, liabilities, costs and
expenses of any kind suffered or incurred as a result of or in connection with any breach of
any acknowledgement or release given by the Tenderer under this paragraph (h).
8.
ACCEPTANCE OF TENDERS
(a)
The Principal is not bound or required to accept the lowest or any Tender.
(b)
A Tenderer's Tender (as amended, if at all, under clause 7) will not be deemed to be accepted unless and
until:
(i)
the Formal Agreement set out in Part 5 is signed by the Tenderer and the Principal (or the
Tender Administrator on behalf of the Principal); or
(ii)
the Principal gives the Tenderer notice by fax or post:
A.
that the Tenderer's Tender (as amended, if at all, under clause 7) has been
accepted; and
B.
which is titled "Letter of Acceptance under clause 8(b)(ii)",
in which case that acceptance and, therefore, the resultant Contract will be on the terms set
out in the notice.
(c)
The Tenderer acknowledges that no other document issued and no other representation made or conduct
engaged in, by or on behalf of the Principal (other than as set out in paragraph (b)) will be deemed to be
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acceptance of a Tenderer's Tender or to create any contractual or other legal relationship between the
Principal and a Tenderer or otherwise oblige the Principal to enter into a Contract with the Tenderer.
9.
NOTIFICATION AND DEBRIEF
(a)
The Principal will notify the Tenderer of the result of the tender process.
(b)
If requested by the Tenderer within 14 days notification under paragraph (a), the Principal will provide a
debrief at a suitable time to be determined by the Principal (in its absolute discretion) after the Award
Date.
(c)
The Tenderer acknowledges that the purpose of the debrief is to discuss the reasons why the Tenderer's
Tender was successful or unsuccessful (as the case may be) and that neither the Principal nor the Tender
Administrator is obliged to make any comparison with or provide any information about any other
tenderer or tender at any debrief.
10.
COSTS AND CLAIMS
No payment will be made by the Principal to the Tenderer or any other entity for any costs, expenses, losses or
damages incurred or suffered by the Tenderer:
(a)
in preparing a Tender;
(b)
in respect of the tender process, including in relation to anything that occurs under clause 7; or
(c)
any failure to comply with the Tender Documents.
11.
USE OF TENDERS
In submitting its Tender, the Tenderer acknowledges that:
(a)
its Tender and any other documents arising out of or in connection with this tender process become the
property of the Principal; and
(b)
subject to the Commonwealth Procurement Rules (if applicable), the Principal may (in its absolute
discretion) use, retain and copy the information contained in its Tender and any other documents arising
out of or in connection with this tender process.
12.
LIMITED TENDER
Subject to the Commonwealth Procurement Rules (if applicable) and without limiting the Principal's right to direct
variations under any contract entered into in relation to this project, the Tenderer acknowledges that the Principal
may (in its absolute discretion and at any time) conduct a limited tender for new construction services (consisting of
the repetition of similar construction services that conform to the basic project for which the initial Contract has
been awarded and which are the subject of the Tender Documents).
13.
CONFIDENTIALITY
13.1
Obligation to keep Confidential Information Confidential
(a)
The Tenderer:
(i)
acknowledges and agrees that the Confidential Information is confidential;
(ii)
must not, and must ensure all persons engaged by it do not, without consent by fax, post or
email from the Principal (in its absolute discretion):
Legal\309418966.5
A.
copy or otherwise reproduce the Confidential Information; or
B.
disclose, use or deal with, the contents of the Confidential Information,
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
for any purpose other than preparing a Tender for the project or carrying out the project if its
Tender is successful; and
(iii)
must ensure that the Confidential Information is kept secure and protected at all times from
any unauthorised use or access.
13.2
Return of Confidential Information
(a)
Within 7 days of receipt of a request from the Principal by fax, post or email, at any time the Tenderer
must:
(i)
subject to paragraph (b), as directed by the Principal or the Tender Administrator return all
copies of the Confidential Information to the Principal; and
(ii)
comply with such other directions as are reasonably necessary to comply with the Tenderer's
obligations under this clause 13.
(b)
Where required by law, the Tenderer may keep one copy of the Confidential Information for its records.
(c)
The Tenderer acknowledges and agrees that if the Tenderer has failed to comply with the obligations in
this clause 13, the Principal may (in its absolute discretion) do one or more of the following:
(i)
decide not to evaluate (or continue to evaluate) a Tender; or
(ii)
take the failure into account in assessing any future registration of interest or tender
submitted by the Tenderer.
13.3
Definition of Confidential Information
(a)
Subject to paragraph (b), for the purposes of this clause 13, Confidential Information means:
(b)
14.
(i)
the Tender Documents;
(ii)
the Information Documents; and
(iii)
any document which is in any way connected with the project given to the Tenderer by the
Principal (or anyone on the Principal's behalf) which by its nature is confidential or the
Tenderer knows or ought to know is confidential.
For the purposes of this clause 13, Confidential Information does not mean any document given to the
Tenderer by the Principal which:
(i)
is in the possession of the Tenderer without restriction in relation to its disclosure or use
before the date of its receipt from the Principal;
(ii)
is in the public domain otherwise than due to a breach of clause 13; or
(iii)
has been independently developed or acquired by the Tenderer.
COMMONWEALTH POLICIES
The Tenderer acknowledges that the Principal is and will be subject to a number of Commonwealth requirements
and policies, which support internal and external scrutiny of Commonwealth tendering and contracting processes
and the objectives of transparency, accountability and value-for-money, including requirements to:
(a)
publish details of agency agreements, Commonwealth contracts, amendments and variations to any
agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender
(the Commonwealth's business opportunity website located at www.tenders.gov.au);
(b)
report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality
requirements in accordance with the Senate Order on Department and Agency Contracts; and
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(c)
report and post on the internet information about its contracts in other ways pursuant to its other
reporting and disclosure obligations, including annual reporting requirements and disclosure to any
House or Committee of the Parliament of the Commonwealth of Australia.
15.
AUSTRALIAN NATIONAL AUDIT OFFICE
(a)
The Tenderer's attention is drawn to the Auditor-General Act 1997 (Cth), which provides the AuditorGeneral or an authorised person with certain rights to have access to information, documents and
records.
(b)
Without limiting the Contract Administrator's rights, or the Contractor's obligations or liabilities under
clause 5.7 of the Conditions of Contract in Part 5, the Auditor-General or other authorised persons may
be nominated by the Contract Administrator under clause 5.7 of the Conditions of Contract in Part 5 for
the purpose of exercising their rights under the Auditor-General Act 1997 (Cth).
16.
FREEDOM OF INFORMATION
(a)
The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to
official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as
possible, rights to access information (generally documents) in the possession of the Commonwealth
Government, limited only by considerations for the protection of essential public interest and of the
private and business affairs of entities in respect of whom information is collected and held by
departments and public authorities.
(b)
Commonwealth requirements and policies will require certain identifying details of the Contract to be
made available to the public via the internet.
17.
TENDERER'S COMMERCIAL-IN-CONFIDENCE INFORMATION
(a)
Subject to paragraph (c), the Principal must keep confidential any information provided to the Principal
by a Tenderer after the Award Date when:
(i)
a request (with justification) to keep specific information confidential is included in Tender
Schedule G - Tenderer's Commercial-in-Confidence Information;
(ii)
the Principal agrees (in its absolute discretion) that such information is commercial-inconfidence information; and
(iii)
the Principal notifies the Tenderer by fax, post or email of its agreement under subparagraph
(ii),
(Commercial-in-Confidence Information).
(b)
The Principal will notify the Tenderer by fax, post or email if it does not agree that such information is
commercial-in-confidence information.
(c)
The Principal's obligation in paragraph (a) does not apply if the Commercial-in-Confidence Information
is:
(i)
disclosed by the Principal to its legal or other advisers, or to its officers, employees,
contractors or agents by virtue of or in connection with evaluation of the Tender;
(ii)
disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or
assistant;
(iii)
disclosed by the Commonwealth to any House or Committee of the Parliament of the
Commonwealth of Australia;
(iv)
disclosed to any Commonwealth department, agency or authority by virtue of or in
connection with its functions, or statutory or portfolio responsibilities;
(v)
authorised or required by law to be disclosed; or
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Department of Defence -19th Chief Engineer Works- Medium Works Contract - Tender Documents - [insert name of
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(vi)
in the public domain otherwise than due to a breach of paragraph (a).
18.
PROTECTION OF PERSONAL INFORMATION
(a)
The Tenderer agrees, when doing any act or engaging in any practice for the purposes of submitting a
Tender under these Tender Conditions, to comply with the Information Privacy Principles in relation to
Personal Information, as if the Tenderer were an agency as defined in the Privacy Act.
(b)
The Tenderer acknowledges that, in addition to the requirements of this clause 18, the Tenderer may
also be obliged to comply with other obligations in relation to the handling of Personal Information,
such as the National Privacy Principles or other Statutory Requirements.
(c)
This clause survives the expiration or earlier termination of the tender process for the Contract in Part 5.
(d)
In this clause 18:
19.
(i)
Information Privacy Principle has the meaning given in the Privacy Act;
(ii)
Personal Information has the meaning given in the Privacy Act; and
(iii)
Privacy Act means the Privacy Act 1988 (Cth).
EMPLOYEE ENTITLEMENTS
The Tenderer should note that it is a requirement of the Commonwealth Procurement Rules that the Principal must
not enter into a contract with tenderers who have a judicial decision (being a decision of any court, tribunal or other
body with authority to make a decision or determination which is binding on the Tenderer) against them (not
including a decision under appeal) relating to employee entitlements and have not paid the claim.
At the Award Date, the successful Tenderer must not:
(a)
have a judicial decision against them (not including a decision under appeal) relating to employee
entitlements; and
(b)
have not paid the claim.
The Principal may request and, if so, the Tenderer must provide evidence of compliance with this clause 19.
20.
SPECIFIED SUBCONTRACTORS
(a)
The Principal may determine that a part or parts of the Contractor's Activities to be delivered under the
Contract will be carried out by specified subcontractors or subconsultants.
(b)
If the Tender Particulars set out details of subcontractors or subconsultants Works and specified
subcontractors or subconsultants:
21.
(i)
if the Tenderer's Tender is successful, it will be required to enter into subcontracts with the
specified subcontractors or subconsultants in accordance with clause 7.4 of the Conditions
of Contract in Part 5 in the amounts set out in the Tender Particulars; and
(ii)
the Tenderer should make adequate allowance for the performance of the Contractors
Activities by the specified subcontractors or subconsultants:
A.
in its lump sum fee in Tender Schedule H - Contract Price for the amounts set
out in the Tender Particulars; and
B.
in its program in Tender Schedule D - Program.
SPECIAL CONDITIONS OF TENDER
These Tender Conditions also include any special conditions of tender contained in Appendix 1 Special Conditions
of Tender.
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APPENDIX 1 - SPECIAL CONDITIONS OF TENDER
[INSERT SPECIAL CONDITIONS OF TENDER HERE (IF ANY)]
["None stated" IS THE DEFAULT POSITION. IF THE TENDER ADMINISTRATOR WISHES TO INSERT
SPECIAL CONDITIONS OF TENDER, NOTE THAT SPECIAL CONDITIONS OF TENDER ARE NOT THE
SAME AS SPECIAL CONDITIONS OF CONTRACT WHICH MAY BE INCLUDED IN PART 5]
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project/works, as applicable]
PART 2 - TENDER PARTICULARS
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project/works, as applicable]
TENDER PARTICULARS
Closing Date and Time:
(Part 1, clause 2(a)(iii))
12.00 noon (local time at the location of the
tender box) on [INSERT CLOSING DATE E.G.
"1 January 2012", HAVING REGARD TO
MINIMUM TIMEFRAMES IN THE
COMMONWEALTH PROCUREMENT
RULES AND DEFENCE POLICY AS TO
CLOSING DAYS]
Information Documents:
(Part 1, clause 2(a)(v)A)
[INSERT LIST OF DOCUMENTS
COMPRISING "INFORMATION
DOCUMENTS". SEE DEFINITION IN
CLAUSE 2(a)(v) OF THE TENDER
CONDITIONS AND CLAUSE 6 OF THE
TENDER CONDITIONS]
Principal:
(Part 1, clause 2(a)(iv))
[INSERT]
Tender Administrator:
(Part 1, clause 2(a)(vii))
[INSERT NAME]
Address, fax and email of Tender Administrator:
(Part 1, clause 2(b))
[INSERT POSTAL ADDRESS, FAX AND
EMAIL ADDRESS AND TENDER NUMBER]
Location of Tender Box:
(Part 1, clause 3.1(a)(i))
[INSERT LOCATION OF TENDER BOX eg
"19th Chief Engineer Works, Royal Australian
Engineers, 373A Avoca Street, RANDWICK
NSW 2031"]
Additional minimum form and content requirements
(Part 1, clause 3.1(b)(iii)
[THE TENDER ADMINISTRATOR SHOULD
STRIKE THROUGH THE ADDITIONAL
MINIMUM FORM AND CONTENT
REQUIREMENTS THAT DO NOT APPLY.
ADDITIONAL MINIMUM FORM AND
CONTENT REQUIREMENTS MAY BE
INSERTED WITH THE FOLLOWING:
The Tenderer should note that [this is an/these
are] additional minimum form and content
requirement/s in this tender process under
clause 3.1(b)(iii) of the Tender Conditions and
it must attach information in its Tender
demonstrating (set out in Appendix 1 - Special
Conditions of Tender) that it meets each
additional minimum form and content
requirement.
ADDITIONAL MINIMUM FORM AND
CONTENT REQUIREMENTS INCLUDE:
A. The Tenderer must complete and submit
Tender Schedule K - Building Code 2013 of
Appendix 1 - Special Conditions of Tender; and
[USE THIS MINIMUM FORM AND
CONTENT REQUIREMENT IN
CONJUNCTION WITH THE
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CONDITIONS FOR PARTICPATION
IN PARAGRAPHS A. AND B. BELOW]
B. if clause 7 of Appendix 1 - Special
Conditions of Tender applies, the Tenderer
must complete and submit Tender Schedule L Fair Work Act 2009 of Appendix 1 - Special
Conditions of Tender. [USE THIS
MINIMUM FORM AND CONTENT
REQUIREMENT IN CONJUNCTION
WITH THE CONDITION FOR
PARTICPATION IN PARAGRAPH C.
BELOW]
Conditions for Participation:
(Part 1, clause 3.1(c))
[THE DEFAULT POSITION IS THAT ALL
CONDITIONS FOR PARTICIPATION
SHOULD BE INCLUDED. THE TENDER
ADMINISTRATOR SHOULD STRIKE
THROUGH THE ADDITIONAL
CONDITIONS FOR PARTICIPATION THAT
DO NOT APPLY.
CONDITIONS FOR PARTICIPATION MAY
BE INSERTED WITH THE FOLLOWING:
The Tenderer should note that [this is a/these
are] condition/s for participation in this tender
process under clause 3.1(c) of the Tender
Conditions and it must attach information in its
Tender demonstrating (set out in Appendix 1 Special Conditions of Tender) that it meets each
condition for participation.
CONDITIONS FOR PARTICIPATION
INCLUDE:
At the time of submitting its Tender, the
Tenderer:
A. must comply with the Building Code 2013 at
the time of submitting its Tender; and
B. must not be precluded from tendering for
Australian Government funded work or
specifically excluded from participating in
this tender process.
[USE THESE CONDITIONS FOR
PARTICIPATION IN CONJUNCTION
WITH THE BUILDING CODE 2013
SPECIAL CONDITION WHERE THE
CONTRACTOR'S ACTIVITIES ARE
BEING CARRIED OUT IN
AUSTRALIA]
C. "the Tenderer complies with the Fair Work
Act 2009 (Cth)" [USE THIS
CONDITION FOR
PARTICIPATION IN
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CONJUNCTION WITH THE FAIR
WORK PRINCIPLES SPECIAL
CONDITION WHERE THE VALUE
OF THE WORKS IS ABOVE $9
MILLION AND BEING CARRIED
OUT IN AUSTRALIA]
Endorsement for Outside of Each Sealed Package:
(Part 1, clause 3.4(d))
Attention Mailroom Manager/Tender Officer
Tender No:[INSERT TENDER NUMBER] for
the Medium Works Contract for Project No:
[INSERT PROJECT NUMBER] [INSERT
PROJECT NAME AND DESCRIPTION OF
WORKS, AS APPLICABLE]
Number of Copies of Tender to be Submitted:
(Part 1, clause 3.4(e))
[INSERT] bound copies and [INSERT] unbound
copies.
Currency:
(Part 1, clause 3.4(g))
["Australian Dollars" IS THE DEFAULT
POSITION. IF THE TENDER
ADMINISTRATOR WISHES TO INSERT A
DIFFERENT CURRENCY, THE TENDER
ADMINISTRATOR SHOULD ALSO ENSURE
THAT THE CURRENCY FOR CLAUSE 19.2
OF THE CONDITIONS OF CONTRACT IN
PART 5 IS ALSO THE SAME]
Additional Evaluation Criteria:
(Part 1, clause 4(b))
None stated.
["None stated" IS THE DEFAULT
POSITION. IF THE TENDER
ADMINISTRATOR WISHES TO INSERT
ADDITIONAL EVALUATION CRITERIA,
INSERT ADDITIONAL EVALUATION
CRITERIA AND THE FOLLOWING:
The Tenderer should note that [this is an/these
are] additional evaluation criterion/a in this
tender process under clause 4(b) of the Tender
Conditions and that it should attach
information in its Tender demonstrating that it
satisfies each additional criteria.]
Specified Subcontractors:
(Part 1, clause 20)
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
[employment and training
opportunities for indigenous
Australians (in regions where a
significant indigenous population
exists);

increasing the participation of
women in all aspects of the building
and construction industry; and

adding and retaining trainees and
apprentices, - STRIKE THROUGH
THIS SUBSUBPARAGRAPH IF
NOT REQUIRED]
[IN RESPONSE OF EACH SPECIFIED
SUBCONTRACTOR OR SUBCONSULTANT,
INSERT DETAILS OF THE
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SUBCONTRACTOR/SUBCONSULTANT
CONTRACTORS ACTIVITIES AND THE
AMOUNT TO BE ALLOWED BY THE
TENDERER IN ITS CONTRACT PRICE FOR
THOSE CONTRACTOR'S ACTIVITIES]
Key People:
(Part 4, Tender Schedule A - Workload and Proposed
Resources, item 2(b))
[INSERT DESCRIPTION OF KEY
POSITIONS/ROLES]
[If design and construct only - otherwise this should be struck
out] Preliminary Design Solution:
(Part 4, Tender Schedule B - Task Appreciation and
Methodology and Preliminary Design Solution, item 2)
[INSERT LEVEL OF PRELIMINARY
DESIGN SOLUTION E.g. "30% concept
design". IF NOT DESIGN AND CONSTRUCT
METHOD, STRIKE OUT THIS ROW]
Program Format:
(Part 4, Tender Schedule D - Program)
[Primavera Suretrak/Microsoft Project] or
approved equivalent.
[STRIKE OUT WHICHEVER OPTION DOES
NOT APPLY]
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PART 3 - TENDER FORM
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project/works, as applicable]
TENDER FORM
[NOTE TO TENDERERS: IN ACCORDANCE WITH CLAUSE 3.4(b) OF THE TENDER
CONDITIONS THE TENDERER IS REQUESTED TO COMPLETE AND SUBMIT THIS
TENDER FORM WITH ITS TENDER]
TENDER FORM
To:
[INSERT NAME OF THE PRINCIPAL] (Principal)
By:
[INSERT NAME OF TENDERER INCLUDING ABN]
Project:
[INSERT NAME OF PROJECT]
1.
THE OFFER
(a)
We tender to perform the Contractor's Activities in accordance with the Tender Documents and the
enclosed Tender Schedules.
(b)
In consideration of the Principal promising to pay us the sum of One Dollar ($1.00), we agree to be
bound by this Tender until 90 days from the Closing Date and Time and that this Tender may be
accepted by the Principal at any time before the expiration of that period.
2.
UNACCEPTABLE TENDERING PRACTICES
(a)
Unacceptable tendering practices, such as collusive bidding, remove the competitive aspect of the
procurement process and mean the Principal is not likely to get best value for money. Some types of
unacceptable tendering practices are where individuals or companies agree to fix prices at a certain
level, refrain from tendering in certain situations, take turns at submitting the "low bid", or divide the
market (geographically or by product).
(b)
We warrant that we have not nor will we engage in unacceptable tendering practices including:
(i)
(ii)
(iii)
Collusive Tendering
A.
Neither the Tenderer nor any of its servants or agents had knowledge of the
tender price for the Project of any other tenderer prior to the Tenderer
submitting its Tender for the Project.
B.
Neither the Tenderer nor any of its servants or agents disclosed the tender price
for the Project submitted by the Tenderer to any other tenderer who submitted a
tender for the Project or to any other person or organisation prior to the close of
tenders.
Cover Bidding
A.
Neither the Tenderer nor any of its servants or agents provided information to
any other tenderer, person or organisation, to assist another tenderer for the
Project to prepare a tender known in the building and construction industry as a
cover bid, whereby the Tenderer was of the opinion or belief that another
tenderer did not intend to genuinely compete for the contract.
B.
The Tenderer is genuinely competing for the contract and its Tender is not a
cover bid.
Industry Association Agreements
Prior to the Tenderer submitting its tender for the Project, neither the Tenderer nor any of its
servants or agents entered into any contract, agreement, arrangement or understanding, other
than as disclosed to the Principal, that the successful tenderer for the Project would pay any
money to, or would provide any other benefit or other financial advantage to, an Industry
Association in respect of the Tender.
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
(iv)
Unsuccessful Tenderers' Fees
A.
(v)
Prior to the Tenderer submitting its tender for the Project neither the Tenderer
nor any of its servants or agents entered into any contract, agreement,
arrangement or understanding that the successful tenderer for the Project would
pay any money, or would provide any other benefit or other financial advantage,
to or for the benefit of any other tenderer who unsuccessfully tendered for the
Tender.
Improper Assistance
Neither the Tenderer nor any of its servants or agents has prepared the Tender:
(vi)
A.
with the improper assistance of employees of the Principal;
B.
with information improperly obtained from the Principal; and
C.
with the improper assistance of any officer, employee, agent or adviser of the
Tenderer's who was:
1)
an employee of, service provider to or otherwise engaged by, the
Principal at any time during the six months immediately preceding
the date of issue of the Tender Documents;
2)
if the Principal is the Commonwealth, an employee of, service
provider to or otherwise engaged by, the Department of Defence at
any time during the six months immediately preceding the date of
issue of the Tender Documents;
3)
involved in the planning or performance of the project to which the
tender process relates at any time during the 12 months immediately
preceding the date of issue of the Tender Documents; or
4)
involved in the management of the tender process or preparation of
the Tender Documents at any time.
Statutory Requirements
Neither the Tenderer nor any of its servants or agents prepared its Tender in breach of or
otherwise inconsistently with any Statutory Requirement or a Commonwealth policy
regarding the offering of unlawful inducements in connection with the preparation of a
Tender or during a tender process.
(vii)
Conflict of Interest
Neither the Tenderer nor any of its servants or agents has placed itself in a position that may
or does give rise to an actual, potential or perceived conflict of interest between the interests
of the Principal and the Tenderer during this tender process.
3.
ADDENDA
We have allowed in our Tender for the requirements contained in all addenda issued to us under clause 2(c) of the
Tender Conditions and identify each addendum by its number and date of issue as follows:
4.
Number [INSERT]
Dated [INSERT]
Number [INSERT]
Dated [INSERT]
DETAILS OF TENDERER
[INSERT ALL DETAILS REQUIRED BY CLAUSE 3.4(b)(ii) OF THE TENDER CONDITIONS HERE
REGARDING ORGANISATIONAL STRUCTURE, TRADING AND BUSINESS NAMES, RELATED
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
BODIES CORPORATE, AUSTRALIAN CONTACTS, STREET ADDRESS AND FAX NUMBER AND
BUILDER'S REGISTRATION OR LICENCE NUMBER]
DATED this
day of
20
[COMPLETE ONE OF THE FOLLOWING SIGNING BLOCKS THEN DELETE THOSE NOT USED SEE CLAUSE 3.4(c)(i) OF TENDER CONDITIONS AND INSERT ALL FURTHER DETAILS REQUIRED
HERE]
SIGNED by [INSERT NAME AND POSITION
OF SIGNATORY]
for and on behalf of the
Tenderer in the presence of:
Witness:
)
)
)
)
………………………………………………..
………………………………….…..
Print name and position:
………………………………………
[OR]
I [INSERT NAME OF SIGNATORY] warrant that I hold the position of [INSERT] in the Tenderer and am duly
authorised to sign this Tender for and on behalf of the Tenderer:
………............................................
[OR]
THE COMMON SEAL of
[INSERT NAME AND ABN OF TENDERER]
was affixed in the presence of:
)
)
)
)
......................................................
(Signature of Secretary/Director)
...................................................
(Signature of Director)
......................................................
(Name of Secretary/Director in Full)
...................................................
(Name of Director in Full)
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
PART 4 - TENDER SCHEDULES
TENDER SCHEDULE A - WORKLOAD AND PROPOSED RESOURCES
1.
WORKLOAD
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(i) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to provide details of
its current and potential future workload (including those contracts for which tenders have been submitted but not
yet accepted or rejected) in table format as set out below.
CURRENT WORKLOAD
PROJECT
AND
LOCATION
CLIENT
CONTRACT
PRICE
CONTRACT
PRICE
REMAINING
KEY START
AND
COMPLETION
DATES
KEY
DISCIPLINES/
TRADES
POTENTIAL FUTURE WORKLOAD
PROJECT AND
LOCATION
2.
CLIENT
APPROX VALUE
KEY AWARD,
START AND
COMPLETION
DATES
KEY
DISCIPLINES/
TRADES
PROPOSED RESOURCES (INCLUDING CONTRACTOR'S REPRESENTATIVE AND KEY
PEOPLE)
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(i) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to provide details of
its proposed resources for the Contractor's Activities and the Works, including:
(a)
the Contractor's Representative;
(b)
the key people for the roles described in the Tender Particulars; and
(c)
in respect of each of (a) and (b) above, their respective roles and the percentage of time each of the
above persons would be dedicated to Contractor's Activities and the Works.
A project specific organisational chart and curricula vitae of each key person should also be submitted. Curricula
vitae should include details of all relevant projects worked on in the last 5 years (including roles on those projects
similar to those roles proposed for this project) and client referee contact details (with current telephone numbers).
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
3.
PROPOSED SUBCONTRACTORS, CONSULTANTS AND MATERIAL SUPPLIERS
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(i) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to provide:
(a)
details of the work which it proposes to subcontract together with a list of the subcontractors,
consultants and material suppliers to whom it proposes to subcontract this work; and
(b)
curricula vitae of each key person from each:
(i)
subcontractor [strike through if not applicable];
(ii)
consultant [strike through if not applicable];
(iii)
material supplier [strike through if not applicable]; and
(iv)
[insert subcontractor trades if any - otherwise strike through if not applicable].
including details of the relevant projects worked on in the last 5 years and client contact referee details
(with current telephone numbers).
WORK TO BE SUBCONTRACTED
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NAME OF PROPOSED
SUBCONTRACTOR / CONSULTANT /
MATERIAL SUPPLIER
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE B - TASK APPRECIATION AND
METHODOLOGY[AND PRELIMINARY DESIGN SOLUTION - IF
DESIGN AND CONSTRUCT METHOD ONLY]
1.
TASK APPRECIATION AND METHODOLOGY
The Tenderer's attention is drawn to the definitions of Site Management Plan, Environmental Management Plan,
Commissioning and Handover Plan, Work Health and Safety Plan and Project Plans in clauses 8.7 and 19.1 of the
Conditions of Contract in Part 5.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(ii) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to prepare and
submit:
(a)
a brief narrative setting out its understanding of the nature and scope of the Contractor's Activities and
the Works;
(b)
its current corporate approach to site management, environmental management, commissioning and
handover and work health and safety, noting that plans for each of these are to be developed for the
purposes of clause 8.7 of the Conditions of Contract in Part 5;
(c)
a statement demonstrating the Tenderer's capacity to manage the Contractor's Activities in a manner
which ensures the Contractor and the Contractor's Activities comply with the requirements of clause 8.9
of the Conditions of Contract, including the Contractor's approach to the preparation and ongoing
review of a Work Health and Safety Plan;
(d)
approach to obtaining all necessary Commonwealth, State, Territory and local certificates, permits and
Approvals for the Works;
(e)
a brief narrative describing its understanding of specific problems which may arise and any potential
solutions for those problems; and
(f)
a brief narrative describing its understanding of the logistics support requirements of the project, as well
as identifying potential logistics issues and solutions to these problems.
The Principal reserves the right to negotiate the Tenderer's approach to the Project Plans, with a view to amending
the Tenderer's approach, before entering into any Contract with the successful Tenderer.
The Tenderer is requested to ensure that its task appreciation and methodology is focused on the Contractor's
Activities and the Works described in the Contract in Part 5.
[THIS OPTIONAL PARAGRAPH SHOULD ONLY BE USED IF IT IS INCLUDED IN THE TENDER
CRITERION AT CLAUSE 4(a)(ii)B - OTHERWISE STRIKE OUT: "The Tenderer is also requested to provide a
brief narrative which demonstrates that the Tenderer will implement appropriate management strategies with
respect to the employment and training opportunities for local indigenous contractors (including where
applicable indigenous Australians in regions where a significant indigenous population exists), increasing the
participation of women in all aspects of the building and construction industry and adding and retaining trainees
and apprentices."]
2.
PRELIMINARY DESIGN SOLUTION [DESIGN & CONSTRUCT METHOD ONLY. IF
CONSTRUCT ONLY, STRIKE OUT THIS ITEM]
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(ii) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to prepare and
submit a preliminary design solution for the Works to the level specified in the Tender Particulars. The Tenderer
should note that:
(a)
subject to paragraph (b), the preliminary design solution submitted by the successful Tenderer will form
part of the design to be prepared by the Contractor under clause 5.1 of the Conditions of Contract in Part
5; and
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
(b)
the Principal reserves the right to negotiate the preliminary design solution submitted by the Tenderer
before entering into any Contract with the successful Tenderer.
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE C - PREVIOUS PERFORMANCE
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(iii) of
the Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to provide
details of its previous performance in respect of projects that are relevant to the Works of different values
including those set out below and all projects completed in the past 12 months. Such details should include:
(a)
the agreed contract sum and date for completion;
(b)
the end contract sum and date of completion (and reasons for differences to the agreed contract sum
and date for completion (if any);
(c)
the number (and value) of variations and extensions of time, and reasons for each variation and
extension of time;
(d)
details of any claims (other than for progress payments) over $50,000 made by either party to the
contract;
(e)
any activities that provided value added options and innovations to the client, detailing any longterm benefits;
(f)
examples of any problems experienced during the project and solutions implemented to resolve the
problem;
(g)
details of any calls on security;
(h)
a referee from both the client and its lead consultant (if any) on the project (with current telephone
numbers);
(i)
the nature and extent of involvement of any proposed resources identified for this project in item 2
and item 3 of Tender Schedule A; and
(j)
examples of past performance in relation to works, trades and any specialist skill sets relevant to the
project.
[THE TENDER ADMINISTRATOR MUST CONSIDER AND AMEND THE VALUES AND
NUMBER OF PROJECTS SET OUT BELOW HAVING REGARD TO THE ESTIMATED
VALUE OF THE PROJECT WHICH IS THE SUBJECT OF THE TENDER DOCUMENTS.]
Projects
$0-$250,000
Up to [3 PROJECTS]
$250,000-$1M
Up to [3 PROJECTS]
$1M-$3M
Up to [3 PROJECTS]
Over $3M
Up to [2 PROJECTS]
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE D - PROGRAM
The Tenderer's attention is drawn to clause 9.2 of the Conditions of Contract in Part 5.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(iv) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to submit a program
showing its order of work, periods for carrying out all [design, documentation and / if design and construct only]
construction activities, including off-site activities and key dates.
The program should also:
(a)
allow for all necessary reviews, consents and approvals;
(b)
clearly show commencement dates, mobilisation periods, staging and sequencing (if any), the critical
path, completion dates and proposed resources to carry out the program;
(c)
be in a format compatible with the software described in the Tender Particulars; and
(d)
otherwise satisfy the requirements for the program described in the Contract in Part 5.
The program should be based on achieving Completion of the Works or each Section by the relevant Date for
Completion.
The Tenderer should note that the program referred to in this Tender Schedule D - Program will not form part of the
Contract but will, subject to any negotiation of that program prior to the Award Date, form the basis of the initial
program submitted by the successful Tenderer under clause 9.2 of the Conditions of Contract in Part 5.
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE E - TENDERER'S INSURANCE DETAILS
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(v)A of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to provide details of
the insurances which it has or proposes to put in place for the purposes of the Contract in Part 5.
The Tenderer's attention is drawn to clause 4.3 of the Conditions of Contract in Part 5.
The Principal reserves the right to negotiate the levels of insurance required before entering into any Contract with
the successful Tenderer.
Such details should include:
INSURANCE TYPE
INSURANCE
COMPANY
POLICY
NO
EXTENT OF COVER
PER
AGGREGATE
OCCURRENCE
$*
/CLAIM $*
DEDUCTIBLE
$*
POLICY
PERIOD
Other than where the
Tenderer is self-insured
(see below) Workers
Compensation Insurance
Employees Liability
Insurance
Construction
Risks
Insurance:
Material
Damage
Defects
Mainten
ance
Legal
Liability
Public Liability Insurance
Professional Indemnity
Insurance/Errors and
Omissions Insurance
[design and construct
only - otherwise strike
out this row]
Other Insurances:
[NOTE TO PRINCIPAL:
INSERT ANY OTHER
INSURANCES
REQUIRED OTHERWISE INSERT
"NOT APPLICABLE"]
* [NOTE TO TENDERER: TENDERERS ARE REQUESTED TO IDENTIFY THE TYPE OF CURRENCY
IN WHICH IT HOLDS ITS PROPOSED INSURANCE POLICIES FOR THE CONTRACT]
[ENSURE THAT ABOVE INSURANCES CORRESPOND WITH THOSE SET OUT IN THE CONTRACT
PARTICULARS]
For Construction Risks Insurance [and] Public Liability Insurance [and Professional Indemnity Insurance/Errors
and Omissions Insurance - if design and construct only], Workers Compensation Insurance and Employees
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project/works, as applicable]
Liability Insurance, the Tenderer may be requested to provide evidence of insurances to the satisfaction of the
Tender Administrator.
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE F - MISCELLANEOUS CONTRACT
PARTICULARS
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(v)B of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to submit the
following information for the purposes of the Contract Particulars in Part 5.
The Tenderer should ensure that the information provided in this Tender Schedule F - Miscellaneous Contract
Particulars is consistent with information given in other parts of its Tender (as applicable).
*Agreed damages:
(Clause 9.6)
$[INSERT] for each day for which an extension of time is
granted due to a breach of contract by the Principal
Address and fax number for the giving or
serving of notices upon the Contractor:
(Clause 16.1)
[INSERT]
*Date for Completion:
(Clause 19.1)
For the Works is [INSERT] weeks/days after the Award
Date
For each Section is:
Contractor's Executive Negotiator:
(Clause 19.1)
Section
Date for Completion
[INSERT]
[INSERT] weeks/days after
the Award Date
[INSERT]
[INSERT] weeks/days after
the Award Date
[INSERT]
[INSERT] weeks/days after
the Award Date
[INSERT]
[INSERT] weeks/days after
the Award Date
[INSERT]
(The Tenderer is requested to note that this should not be
the same person as the Contractor's Representative
nominated in Tender Schedule A - Workload and Proposed
Resources.)
[* INDICATES DELETE/STRIKE OUT IF NOT TO BE TENDERED]
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE G - TENDERER'S COMMERCIAL-INCONFIDENCE INFORMATION
The Tenderer's attention is drawn to clause 17 of the Tender Conditions and clause 18 of the Conditions of Contract
in Part 5.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(v)C of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer:
(a)
may identify any specific information provided by the Tenderer to the Principal that it wishes the
Principal to keep confidential; and
(b)
must provide justification why the information identified under paragraph (a) should be kept
confidential.
The Tenderer should note that the Principal policy principles of transparency and accountability promote the
disclosure of contractual information to the maximum extent.
Without limiting the Principal's absolute discretion under clause 17(a)(ii) of the Tender Conditions:
(c)
(d)
the following types of information in, or in relation to, contracts would generally not be considered
Commercial-in-Confidence Information:
(i)
performance and financial guarantees;
(ii)
indemnities;
(iii)
the price of an individual item, or groups of items of goods or services;
(iv)
rebate, liquidated damages and service credit clauses;
(v)
performance measures applicable to the Contract;
(vi)
clauses which describe how Intellectual Property Rights are to be dealt with;
(vii)
payment arrangements; and
(viii)
the performance of the Contractor against the requirements of the Contract and agreed
assessment criteria; and
the following types of information may meet the criteria of being protected as Commercial-inConfidence Information:
(i)
trade secrets;
(ii)
proprietary information (this could be information about how a particular technical or
business solution is to be provided);
(iii)
internal costing information or information about profit margins; and
(iv)
pricing structures (where this information would reveal whether there was a profit or loss on
the supply of a particular good or service).
SPECIFIC INFORMATION
JUSTIFICATION
PERIOD OF
CONFIDENTIALITY
[INSERT (IF APPLICABLE)]
[INSERT (IF APPLICABLE)]
[INSERT (IF APPLICABLE)]
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE H - CONTRACT PRICE
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(vi) of the
Tender Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to submit the
information described in this Tender Schedule H - Contract Price.
The Tenderer should note that all amounts submitted are not and will not be subject to rise and fall and should be
GST-exclusive (see clause 11.15 of the Conditions of Contract in Part 5).
The Tenderer should note that provisional sum amounts included in the Contract Price should only relate to those
items identified as Provisional Sum Work (see clause 7.5 of the Conditions of Contract in Part 5).
____________________________________________________________________________________________
(a)
Lump Sum
$ [INSERT] (GST exclusive)*.
(b)
Breakdown of Lump Sum and Monthly Cash Flow
[INSERT TABLE SHOWING BREAKDOWN OF BUILDING ELEMENTS, STAGES, TRADES
ETC. IF THERE IS PROVISIONAL SUM WORK, INCLUDE PROVISIONAL SUM WORK AND
AMOUNT FOR PROVISIONAL SUM WORK SET OUT IN THE CONTRACT PARTICULARS.]
This breakdown is for tender evaluation purposes and will not limit or affect the scope of the
Contractor's Activities, the Works or the Contract in Part 5.
[IF NO BREAKDOWN IS REQUIRED, INSERT "Not Applicable".]
The Tenderer is requested to provide an anticipated monthly cash flow. This cash flow is for tender
evaluation purposes and will not limit or affect the scope of the Contractor's Activities, the Works or the
Contract in Part 5.
[IF NO CASH FLOW IS REQUIRED, INSERT "Not Applicable".]
(c)
Table of Variation Rates and Prices
[IF A TABLE OF VARIATION RATES AND PRICES FOR POTENTIAL VARIATION
ITEMS/GOODS/MATERIALS APPLIES, INSERT TABLE WHICH IDENTIFIES THE ITEM
FOR WHICH RATES ARE REQUESTED HERE.]
[IF A TABLE OF VARIATION RATES AND PRICES DOES NOT APPLY, INSERT "Not
Applicable".]
[NOTE THAT SPECIAL CONDITIONS WILL BE REQUIRED TO ADDRESS ANY "TENDER OPTIONS"
TO BE PRICED (E.G. ADDITIONAL ELEMENTS OF THE WORKS NOT INCLUDED AT THE TIME OF
TENDER BUT WHICH MAY BE REQUIRED TO BE PRICED NOW FOR FURTHER CONSIDERATION BY
THE PRINCIPAL EITHER BEFORE OR AFTER THE AWARD DATE).]
* Note to Tenderers: Tenderers should note that the Contract Price should be tendered in the currency specified in
the Tender Particulars under Part 1, clause 3.4(g).
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE I - FINANCIAL STANDING
To assist the Tenderer to demonstrate its ability to satisfy the criteria described in clause 4(a)(v)D of the Tender
Conditions and to assist the Principal in evaluating its Tender, the Tenderer is requested to provide details of its
financial standing in order to demonstrate its financial viability and capability to undertake the project.
The Tenderer should submit at least three years of historical information in the form of either audited (where
available) or unaudited annual reports together with all notes to the accounts which should as a minimum include a
statement of:
(a)
assets;
(b)
liabilities;
(c)
profit and loss;
(d)
net equity position;
(e)
debts; and
(f)
annual gross turnover.
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Department of Defence - 19th Chief Engineer Works - Medium Works Contract - Tender Documents - [insert name of
project/works, as applicable]
TENDER SCHEDULE J - ALTERNATIVE PROPOSALS
The Tenderer should provide a Tender that accepts (without departure, qualification, amendment, limitation or
exclusion) the Contract in Part 5, except to the extent provided for in clause 3.3 of the Tender Conditions and
expressly set out by the Tenderer in this Tender Schedule J - Alternative Proposals.
The Principal offers the Tenderer the opportunity to provide alternative proposals in pursuit of greater value for
money. The Tenderer should note that (subject to the Principal's absolute discretion under clause 3.2 of the Tender
Conditions), it musts submit a conforming Tender before an alternative proposal will be considered.
The Tenderer must demonstrate how an alternative proposal will achieve greater value for money.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4(a)(vii) of the
Tender Conditions and to assist the Principal in evaluating an alternative proposal, the Tenderer must provide a brief
explanation of each alternative proposal and provide supporting evidence (for example, details of the alternative,
technical descriptions, costing information, program information, technical specifications, testing information, data
and any other relevant information).
Without limiting clause 7 of the Tender Conditions, the Principal may (in its absolute discretion) require the
Tenderer, within a specified time and in a specific format to provide the Principal with further information or
clarification in relation to any aspect of a Tenderer's alternative proposal.
Any decision by the Principal regarding the alternative proposal will be final. The Tenderer submits its Tender on
the basis that it will make no, and the Principal will not be liable upon, any claim by the Tenderer arising out of or in
any way in connection with any decision by the Principal in respect of any alternative proposal.
CONTRACT
CLAUSE
ALTERNATIVE
EFFECT ON
PRICING
EFFECT ON
PROGRAM
SUPPORTING
INFORMATION
EFFECT ON
PROGRAM
SUPPORTING
INFORMATION
EFFECT ON
OTHER
TENDER
SCHEDULES (IF
ANY)
VALUE FOR
MONEY
OTHER
REFERENCE
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ALTERNATIVE
EFFECT
ON
PRICING
EFFECT ON
OTHER
TENDER
SCHEDULES (IF
ANY)
VALUE FOR
MONEY
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project/works, as applicable]
PART 5 - CONTRACT
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