<#PROJECT.PROJECT_NAME>
PROFESSIONAL SERVICE CONTRACTOR (SUBCONTRACTOR)
CONTRACT NO:
CONTRACT NUMBER
CONDITIONS OF TENDERING
Contact Person
Name:
<#PROJECT.PROJECT_RISK_MANAGER>, DPTI Project Risk Manager
Telephone: <#PROJECT.PRM_PHONE>
Email:
<#PROJECT.PRM_EMAIL>
Tender Closing Information
Time:
2.00 pm
Day:
Tender Close Day
Date:
Tender Call Closed Date
Location:
Building Management, Department of Planning, Transport and Infrastructure
(DPTI)
Electronic Tender Box
SA Tenders and Contracts website
http://www.tenders.sa.gov.au
TENDER DOCUMENTS
Tender and contract documents
Bound into this Volume
Conditions of Tendering
Conditions of Contract:
Annexure Part A to the AS 4122―2000 General conditions of contract for engagement
of consultants
Annexure Part B to the AS 4122―2000 General conditions of contract for engagement
of consultants
Schedule 1:
Services – General
Schedule 2:
Services – Project Specific
Schedule 3:
Project Details
Schedule 4:
Notes on Guide Notes for Professional Service Contractors
Schedule 5:
Services Matrix
Compliancy Statement
Lead Agency briefing documents
Other documents as relevant
Separate documents
AS 4122―2000 General conditions of contract for the engagement of consultants
Code of Practice for the South Australian Construction Industry
Government Buildings Energy Strategy
DPTI Publications and Guide Notes
Tender Form and Schedule of Information
South Australian Industry Participation Policy (Standard Tailored) Plan Template
Addenda and any other correspondence issued to tenderers during the tender period
Information documents
Bound into this Volume
Preamble
Notice to tenderers
SAMIS asset information report
Hazardous Materials inspection report, management plan and register
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CONTENTS
Preamble
5
Notice to Tenderers
5
Part 1 General
6
1.1
Invitation to Tender
6
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
1.1.11
6
6
6
6
6
6
7
7
7
7
7
1.2
Information about State Contracting
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
1.2.9
1.2.10
1.3
Tender Field
Tender Documents
Tenderer to Acquire Information
Contact Person
Tenderer Briefing
Site Visit
Tender Enquiries
Errors, Omissions, Ambiguities and Discrepancies
Amendments to Tender Documents
Local Content
Conditions of Contract
Code of Practice
DPTI Prequalification System
Employment of Ex-Government Employees
Buy Australian Made Procurement Policy
Local Industry Participation Process
South Australian Industry Participation Policy
Environmental Care
Work Health and Safety
Disclosure of Government Contracts
Allocation of Risk - Liability
7
8
8
8
8
8
9
10
10
10
10
Information about Australian Government Requirements
11
1.3.1
11
Building Code 2013
Part 2 Tender Submission
11
2.1
Submission
11
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
11
12
12
12
12
12
12
13
2.2
Signature
Nature of Submitted Price
Lodgement of Tender
Qualified Tenders
Late Tenders
Informal Tenders
Decision not to Submit Tender
Tender Validity Period
Information to be Submitted
13
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
13
13
13
13
13
14
14
Experience and Skills
Design Methodology
Team Members
Sub-subcontractor Team Members
General
Price
Other Information
Part 3 FEvaluation of Tenders
14
3.1
Evaluation
14
3.1.1
3.1.2
15
15
Short Listing
Tender Evaluation Panel
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3.1.3
3.1.4
3.1.5
Tender Evaluation and Selection
Acceptance of Tender
Notification
15
15
16
Part 4 Process Conditions
16
4.1
General
16
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
4.1.6
4.1.7
4.1.8
4.1.9
16
16
17
17
18
18
18
18
18
Probity
Reservation of Rights
State’s Expectations
Tenderers’ Expectations
Confidentiality
Copyright
Warning - State Supplied Information
Warning - Third Party Supplied Information
Cost of Preparation of Tenders
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Preamble
The Department of Planning, Transport and Infrastructure (DPTI) provides asset, risk and
project advice and management to the Government of South Australia (the State) and its
agencies and facilitates the interface between Government and the building and
construction industry.
In partnership with the building industry DPTI strives for excellence in the delivery of its
projects to the South Australian community.
The professional service contractor contracts to provide advice in relation to the design
and construction of the works as a ‘subcontractor’ to DPTI in its role as architect (lead
professional service contractor) and to liaise with the Client, Client’s other professional
service contractors and all other relevant stakeholders in return for a Contract Price
comprised of the following:
(a)
a lump sum management fee;
(b)
maximum disbursements cost.
The Services are provided in parts where as a member of the design team the
Subcontractor shall:
Part 1
Concept PIP Phase 5.1: participate in the development and evaluation of the
project brief and concept design options that lead to achieving agreement on
the preferred concept design.
Part 2
Design, Documentation and Tender PIP Phases 5.2, 5.3 and 5.4: participate
in effective completion of schematic design, design development and contract
documentation for the project and technical input and recommendation into
the tender appraisal process.
Part 3
Construction and Review PIP Phases 5.5 and 5.6: participate in the day-today administration of the construction contract, inspection of the works and
review of the completed project.
It is of the highest importance to complete the project in accordance with the brief and to
high standards of design. The Client wishes to work with the professional service
contractor and other Client’s professional service contractors as a team to achieve both
these objectives without compromising the requirements of completion to agreed program
and budget.
Notice to Tenderers
This Notice to Tenderers is a way of informing tenderers of general information and in
particular recent changes to the conditions of tendering or contract. Please ensure that
the notice is read and understood. If there are any queries contact the DPTI Project Risk
Manager.
Recent changes to Conditions of Tendering and/or Contract
The attention of tenderers is drawn to:
Conditions of Tendering Clause 1.2.6.
New clause advising the requirements related
to the South Australian Industry Participation
Policy.
Conditions of Tendering Clause 2.1.3
Option for hard copy lodgement of tender has
been removed.
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CONDITIONS OF TENDERING
Part 1
General
1.1
INVITATION TO TENDER
An invitation to tender does not give rise or amount to a process contract whether a tender
is submitted in response to this request for tender or not and whether or not a contract is
subsequently awarded. (A process contract means a contract about the tendering
process.). By submitting a tender, the tenderer will be bound by the promises required by
the State regarding probity and publicity. In consideration of that promise, the State will
evaluate the tender.
After considering any responses submitted in accordance with these Conditions of
Tendering, the State, represented by the DPTI, will decide whether or not to enter into
negotiations with one or more preferred tenderers.
1.1.1 Tender Field
Only tenders from tenderers registered as DPTI Building and Construction Project
Prequalification System Prequalified Architect (Lead Professional Service Contractor)
Category Tender Category at the time of close of tenders and invited by DPTI to tender as
part of a selected tender field will be considered.
1.1.2 Tender Documents
The tender documents shall be the Tender Form, these Conditions of Tendering,
AS 4122―2000 General conditions of contract for engagement of consultants, Annexures
and Schedules and all other documents issued by the State for the purposes of tendering.
Documents may be collated by mechanical means and you should check to ensure that all
pages are numbered consecutively and all supplements, as indexed, are included.
Unless a contrary intention is indicated, these conditions of tendering are interpreted in
the same manner, and its terms have the same meaning as in the AS 4122―2000
General conditions of contract for engagement of consultants (as amended).
1.1.3 Tenderer to Acquire Information
Tenderers shall obtain all information relevant to a tender conforming to the tender
documents including thorough familiarisation with the documents.
1.1.4 Contact Person
A tenderer must only communicate with the DPTI Contact Person. Tenderers cannot rely
on communications with any other person.
The DPTI Contact Person is identified on the cover of this document. In the absence of
the Contact Person contact the Contracting and Procurement office on 8343 2243.
1.1.5 Tenderer Briefing
A briefing for tenderers is to be held at location at time, date. Advise the Contact Person
stated on the cover of these Conditions of Tendering of your attendance.
Not applicable
1.1.6 Site Visit
A site inspection for all tenderers is to be held at location at time, date. Advise the
Contact Person stated on the cover of these Conditions of Tendering of your attendance.
Not applicable
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1.1.7 Tender Enquiries
All enquiries relating to the tender documents shall be referred as early as possible to the
Contact Person named on the cover of the Conditions of Tendering.
Tenderers may expect that in relation to a query submitted at least a week before tender
closing the Contact Person will respond. The State reserves the right to respond or not to
respond at its discretion to any query or matter raised later than one week before the
tender closing.
The State reserves the right to inform all other tenderers of the question or matter raised
and the response given, but may at its discretion choose not to do so.
1.1.8 Errors, Omissions, Ambiguities and Discrepancies
The information contained or referred to in the tender documents is provided to assist the
tenderer to complete a tender. Tenderers should not assume the accuracy of the
information provided in lists, schedules, reports or interpretation based on other
information, and must, to the extent possible, verify the information independently.
If information cannot be accessed and it is considered critical to preparing the tender, a
tenderer should notify the Contact Person who will consider providing access to the
information.
If a tenderer finds any mistake, incorrect assumption, ambiguity, apparent omission,
inconsistency or discrepancy in the tender documents or associated information, you must
promptly advise the Contact Person and seek resolution.
1.1.9 Amendments to Tender Documents
The State may cancel, supplement, vary or amend the terms of the tender documents at
any time and will give notice of any such change by issuing an addendum to the
tenderers.
Variations or amendments to the tender documents will not be recognised unless advised
in writing by the Contact Person by means of an addendum.
Receipt and allowance for the provisions of all addenda issued during the tender period is
to be acknowledged on the Tender Form.
1.1.10 Local Content
Consistent with the Australian Industry Participation National Framework, the South
Australian Government is committed to maximising Australian industry participation to
encourage greater opportunities for local and regional suppliers. The tenderer is
encouraged to include in its tender services of South Australian, Australian and New
Zealand origin.
If an interstate tenderer does not have offices in South Australia it is required to fully
assess its management methodology in regard to project communication and day-to-day
management prior to submission of a tender.
It is a preference for an interstate based tenderer to have a working relationship with an
Adelaide based professional service contractor registered in the equivalent DPTI
Prequalification Category.
1.1.11 Conditions of Contract
The conditions governing the Contract being tendered are the AS 4122―2000 General
conditions of contract for engagement of consultants (as amended). Due allowance shall
be made in the tender for compliance with all the provisions thereof.
1.2
INFORMATION ABOUT STATE CONTRACTING
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1.2.1 Code of Practice
Tenderers must comply with the Code of Practice for the South Australian Construction
Industry (Code). Lodgement of a tender will be evidence of the agreement by the
tenderer to comply with the Code for the duration of any resulting contract that may be
awarded. If a tenderer fails to comply with the Code, the failure will be taken into account
by the State and its agencies when considering this or any subsequent tender by the
tenderer and may result in such tender being passed over and/or a change in the status of
the tenderer on any State Government register of contractors.
The tenderer must ensure that all subcontracts contain requirements functionally
equivalent to the requirements of this Clause.
1.2.2 DPTI Prequalification System
DPTI has a Building and Construction Project Prequalification System (Prequalification
System) for general building contractors, trade contractors and professional service
contractors.
When tendering building construction contracts, the State generally gives preference to
professional service contractors registered in the Prequalification System.
The State is not bound to require professional service contractors to be registered in the
Prequalification System as a prerequisite to tendering, or to accept a tender from a
prequalified professional service contractor in preference to a non-prequalified
professional service contractor.
1.2.3 Employment of Ex-Government Employees
A set of principles has been announced by the State, with regard to the employment of exGovernment employees by contractors providing services to the State.
The State will not accept the services of any person on this project who, either directly or
through an independent contractor or third party, within the last three years, has received
a separation package from the State under its various schemes where the service may
breach the conditions under which the separation package was paid to the former public
sector employee.
The tenderer should take these principles into account in preparing and submitting its
tender.
1.2.4 Buy Australian Made Procurement Policy
The State is committed to reducing the import content of government procurement and
requires that contractors who provide services and products to the State buy Australian
products wherever possible.
1.2.5 Local Industry Participation Process
Consistent with the Australian Industry Participation National Framework, the State is
committed to maximising Australian industry participation to encourage greater
opportunities for local and regional suppliers. The tenderer must include in its tender
preference for goods and services of South Australian, Australian and New Zealand origin
that offer value for money over the life cycle of the project and must demonstrate how the
tender maximises the use of local sources of goods and services that support the
economy of South Australia.
The tenderer may use the confidential services of the Industry Capability Network South
Australia to identify ways of determining local industry capabilities for import replacement
and local industry participation opportunities. The contact details are as follows:
Industry Capability Network South Australia
The Conservatory
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<#PROJECT.PROJECT_NAME>
131-139 Grenfell St, Adelaide SA 5000
Tel:
Fax:
Email:
Web:
1300 553 309
+61 8 8303 2950
info@icnsa.org.au
www.icnsa.org.au
1.2.6 South Australian Industry Participation Policy
The contract for which this tender is being prepared falls within the scope of the IPP.
Tenderers are requested to complete an “IPP (Standard) Plan” in the form and including
the information indicated in the IPP (Standard) Plan Template provided with the tender
documents. Each tenderer should submit its completed IPP (Standard) Plan with its
tender but as a separate document.
Completion of an IPP (Standard) Plan is voluntary for this project. However, tenderers
that do not submit a compliant plan will receive zero for IPP weighted criteria (see clause
3.1.3 (d) of these Conditions of Tendering.
The successful tenderer’s IPP plan commitments will be included within the contract.
The contract for which this tender is being prepared falls within the scope of the IPP. As a
mandatory requirement in relation to the IPP, the tenderer is required to provide with its
tender an “IPP (Standard) Plan” in the form and including the information indicated in the
IPP (Standard) Plan Template provided with the tender documents. Each tenderer should
submit its completed IPP (Standard) Plan with its tender but as a separate document.
Failure to submit an IPP plan or submitting a non-compliant IPP plan may result in the
tender being excluded from the tender evaluation.
The successful tenderer’s IPP plan commitments will be included within the contract.
The contract for which this tender is being prepared falls within the scope of the IPP. As a
mandatory requirement in relation to the IPP, the tenderer is required to provide with its
tender a detailed “IPP (Tailored) Plan” in the form and including the information indicated
in the IPP (Tailored) Plan Template provided with the tender documents. Each tenderer
should submit its detailed IPP (Tailored) Plan with its tender but as a separate document.
There are additional requirements including notifying local suppliers of those
opportunities.
Failure to submit an IPP plan or submitting a non-compliant IPP plan may result in the
tender being excluded from the tender evaluation.
The successful tenderer’s IPP plan commitments will be included within the contract.
Evaluation
IPP plans will be received by the Principal with the tender submission.
The Office of the Industry Advocate (OIA) will assist the Principal in the assessment of the
IPP plans. The assessment criteria may vary depending on the nature of the contract.
Reporting
Successful tenders will be required to report on the IPP plan commitments as a
contractual obligation.
Failure by successful tenderers to comply in whole or in part with the IPP plan and the
commitment in the IPP plan, may be a factor taken into account in the award of future
contracts for the Government of South Australia, and may be considered a breach of
contractual agreements.
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Office of the Industry Advocate
All tenderers are encouraged to contact and work with the OIA to complete their IPP
plans. The OIA can assist tenderers to prepare the IPP plans by providing capability
information on local suppliers, however ownership of each plan and responsibility to
deliver against it remain with the tenderer.
Office of the Industry Advocate
Level 13, 99 Gawler Place
Adelaide SA 5000
Tel:
Email:
Web:
08 8226 8956
oia@sa.gov.au
http://www.dpc.sa.gov.au/office-industry-advocate
Tenderers are expected to inform themselves about the South Australian Industry
Participation Policy and guidance to maximise compliance. The Policy is available at
http://www.dpc.sa.gov.au/office-industry-advocate.
1.2.7 Environmental Care
The tenderer is encouraged to factor into the tender processes with due regard for
environmental considerations. Environmental care involves the conservation of resources
and raw material, priority to value-added products and services, energy efficiency,
production of multiple use products, use of recycled materials, and reduction of both
waste and waste disposal costs.
1.2.8 Work Health and Safety
If selected, the tenderer will be required to comply with all relevant laws including without
limitation, requirements of the Work Health and Safety Act 2012. The tenderer may be
requested to provide evidence of safety management records and systems.
1.2.9 Disclosure of Government Contracts
The State will require any contract arising from this procurement process, to include an
acknowledgement that the State may disclose and publish the contract in full, and any
extract of information about the contract, to interested persons or publicly, in accordance
with the State’s policy for the time being in respect of disclosure of government contracts.
The State’s current policy is set out in Premier and Cabinet Circular PC027, a copy of
which is appended or the text of which can be accessed at http://dpc.sa.gov.au/premierand-cabinet-circulars.
1.2.10 Allocation of Risk - Liability
In accordance with Department of Treasury and Finance requirements, the State expects
that there will be no limitation of liability in any contract, which may result from this
Invitation except where the tenderer is a person or body to whom a scheme approved
under the Professional Standards Act 2004 applies.
The Tenderer is required to state whether it is prepared to agree with the State’s position
or not.
If the Tenderer is not prepared to agree with the State’s position, then it must include in its
tender full details of the position on limitation of liability that it proposed. Any details
provided in response to this requirement will be taken into account in the evaluation of the
tender.
Where a scheme approved under the Professional Standards Act 2004 applies to the
Tenderer, it must include full details of such a scheme with the tender.
Where a scheme does not apply under the Professional Standards Act 2004 in relation to
the engagement by a public authority of a supplier and it is intended that the liability of the
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Tenderer is to be limited in some manner, the following prescribed heads of liability must
not be limited:
(a)
for personal injury including sickness and death;
(b)
for loss of or damage to tangible property;
(c)
for infringement of intellectual property rights;
(d)
for any liability to a third party arising from any negligent or wrongful act or
omission of the supplier, its employees, agents or subcontractors, or arising from
any breach of the supplier’s contractual obligations to the public authority;
(e)
for an intentional tort;
(f)
for a breach of trust; and
(g)
for fraud or dishonesty.
1.3
INFORMATION ABOUT AUSTRALIAN GOVERNMENT REQUIREMENTS
1.3.1 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
http://www.fwbc.gov.au/building-code/.
By submitting an expression of interest or tender to undertake the work/services the
tenderer:
(a)
will be deemed to have read; and
(b)
agrees that it must comply with the Building Code. Notwithstanding any other
provisions of the tender 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:
(c)
the project which is the subject of these tender documents; and
(d)
all contract management, project management, design and supervision 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 the tender response,
tenderers must submit a signed “Declaration of Compliance” in accordance with the
Declaration of Compliance which is attached to the tender form and schedules.
Part 2
2.1
Tender Submission
SUBMISSION
2.1.1 Signature
A person or persons authorised to agree to the terms and conditions of the Contract must
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sign the tender on behalf of the tenderer. The entity that submits the tender must be the
same as the entity that will enter into the Contract if successful. Tenders from a joint
venture must be signed by an authorised person representing the party leading the joint
venture.
2.1.2 Nature of Submitted Price
As the project progresses through the Government's Project Implementation Process
(PIP) for the delivery of major building projects, the services will be provided in parts being
Concept services (Part 1), Design, Documentation and Tender services (Part 2) and
Construction and Review services (Part 3).
The tendered price (fee and disbursements) shall be fixed for Part 1 services and fixed
indicative for Parts 2 and 3 services.
The tendered price (fee and disbursements) shall be fixed and for Part 1 services only.
2.1.3 Lodgement of Tender
The details for lodgement of the complete tender are as follows.
Electronically lodge the tender in the SA Tenders & Contracts Electronic Tender Box at
http://www.tenders.sa.gov.au before the time and on the date stated on the cover of these
Conditions of Tendering.
Written tenders sent by prepaid post in time to be delivered in the ordinary course of mail
to the place for lodgement of tenders by the time stated will be considered.
A tender received via electronic lodgement will be regarded as full and complete. If
tenderers need to modify any part of a group of documents that constitute a tender
response, then the whole tender must be re-lodged.
In exceptional circumstances the State at its discretion may allow the lodgement of
tenders by telephone by the time stated on the cover of these Conditions of Tendering.
Tenders sent by facsimile or email will not be considered.
2.1.4 Qualified Tenders
Qualified tenders are not permitted. Qualified tenders are those tenders that seek to
amend the terms of the Contract.
2.1.5 Late Tenders
The time of delivery of late tenders will be recorded at the place stated on the cover of
these Conditions of Tendering. The State may at its discretion decline to consider tenders
received after the time stated.
The State may consider or accept (at the State’s sole discretion) any tender including
without limitation a late tender or the tender of a tenderer who has failed to submit a
tender in accordance with these Tender Conditions.
2.1.6 Informal Tenders
The tender must include, as a minimum all information:
(a)
to complete Annexure Part A to the AS 4122―2000 General conditions of contract
for engagement of consultants;
(b)
in conformance with the requirements under clause 2.2 Information to be
Submitted.
Any tender which does not comply with the tender documents may result in the tender
being regarded as informal.
2.1.7 Decision not to Submit Tender
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Tenderers shall advise the Contracts Management office on 8226 5632 as soon as
possible after any decision is taken not to submit a tender.
2.1.8 Tender Validity Period
The tender shall remain valid for acceptance for a period of ninety (90) days from the date
on which tenders close.
2.2
INFORMATION TO BE SUBMITTED
The following, along with the Prequalification System performance score for each
tenderer, are the selection criteria and information to be submitted by all tenderers,
including the price on the Tender Form and Schedules provided, to allow evaluation by
the tender evaluation panel. The selection criteria are not necessarily in order of
importance.
Tenders should be succinct and address the criteria directly.
Your tender shall include:
2.2.1 Experience and Skills
(a)
Identify projects completed by the tenderer that showcase:
(i)
equivalent content to this project through location and/or client profile and/or
budget and/or program and/or risk;
(ii)
the professional skills and experience required to successfully deliver this
project;
(iii)
examples of innovative design that have added significantly to service
delivery effectiveness that could be applied to this project;
(iv)
provide examples of experience in the proposed procurement methodology;
(b)
Advise evidence of appropriate Work Health and Safety training for professional
service contractor personnel who will attend construction sites (eg White Card
training);
(c)
Provide details of Professional Indemnity Insurance. The amount of Professional
Indemnity Insurance shall be not less than the amount detailed in Annexure Part A.
2.2.2 Design Methodology
(a)
Finalising the project details brief in regard to subcontractor scope;
(b)
Coordinating with the lead professional service contractor and other members of
the design team;
(c)
Achieving an optimum value for money solution which meets the current and long
term needs.
2.2.3 Team Members
(a)
The proposed key personnel from your organisation, their proposed role, their
direct experience in the projects nominated under 2.2.1 and their CV’s;
(b)
The direct experience, role and/or relationship of your key personnel in projects
with a similar procurement methodology to that proposed;
2.2.4 Sub-subcontractor Team Members
(a)
The proposed sub-subcontractor key personnel, their proposed role and their CV’s;
2.2.5 General
(a)
An Industry Participation Plan submitted in accordance with clause 1.2.6 of these
Conditions of Tendering.
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If a Tenderer fails to comply with a requirement set out in the tender documents
relating to the South Australian Industry Participation Policy, the Policy requires
that the tender cannot be accepted.
Failure to comply with the tender
requirements may result in the tender not being considered.
(b)
A statement by the tenderer on:
A
whether the tenderer or a related entity of the tenderer 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 Contract,
either:
G
(c)
(i)
the information detailed in the above subclauses A and B in relation
to each subcontractor, or
(ii)
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, the tenderer must confirm that the
agreement includes genuine dispute resolution procedures.
Declaration of Compliance with the Building Code 2013 and Supporting Guidelines
(attached to the tender form and schedules).
2.2.6 Price
By completing the DPTI Tender Form and Schedules of Information in full (all five sheets
in the spreadsheet) your tender must advise:
(a)
fixed and indicative lump sum fees including GST;
(b)
fixed and indicative upper limit disbursements including GST;
(c)
hours and hourly fee charges including GST.
2.2.7 Other Information
Your tender should include any other relevant information you consider will assist the
tender evaluation panel in its appraisal to be attached to your submission as an appendix
advising why the information is applicable to this project and how it can be helpful in
assisting the evaluation panel in reaching its decision.
Part 3
3.1
FEvaluation of Tenders
EVALUATION
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3.1.1 Short Listing
Any short listing of preferred tenderers, or notification to a tenderer that the tenderer is the
preferred tenderer will only constitute an invitation to participate in negotiations, not an
acceptance of the tender.
3.1.2 Tender Evaluation Panel
The tender evaluation panel includes but is not limited to the DPTI Project Risk Manager,
insert other panel members e.g. lead agency representative(s) and DPTI design adviser.
3.1.3 Tender Evaluation and Selection
The selection process for tenders seeks to achieve best value for Government in the
purchase of professional service contractor services. The system allows both non-price
and price criteria to be taken into account.
A tender evaluation panel will conduct an evaluation of tenders received and make
recommendations to the Lead Agency and the DPTI Delegate for the awarding of the
Contract.
The selection of the preferred tenderer will be a value-based system where the panel
knows the tendered prices. First the non-price criteria including:
(a)
qualifications and services offered by the tenderers; and
(b)
Prequalification System performance score for each tenderer
(c)
submission of a Declaration of Compliance with the Building Code 2013;
(d)
South Australian Industry Participation Policy (IPP) requirements. Compliance
with the IPP requirements, including assessment of an IPP plan will be evaluated
with the assistance of the Office of the Industry Advocate (OIA). Consideration
may also be given to the tenderer’s compliance, in whole or in part, with the IPP
requirements and any relevant IPP plan in relation to previous contracts for the
Government of South Australia. If clause 1.2.6 states that completion of an IPP
plan is voluntary, tenderers that do not submit a compliant plan will receive zero for
this criterion. Tenderers are advised that the IPP requires a weighting of 5% to be
allocated for the provision of an IPP Plan;
will be assessed through a weighted points score system that will identify the initially
preferred tenderer.
Second the price offered by the initially preferred tenderer will be compared with DPTI
price benchmarks derived from market data and with the price offered by lower ranked
tenderers to allow the panel to make an assessment of whether the tender represents
value.
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:

adding and/or retaining trainees and apprentices;

increasing the participation of women in all aspects of the industry; or

promoting employment and training opportunities for Indigenous Australians in
regions where significant indigenous populations exist.
The State reserves the right at its sole discretion to reject any tender falling outside DPTI
benchmarks.
3.1.4 Acceptance of Tender
The State is not obliged to accept any tender or to accept the lowest price tender. The
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State may, at its discretion, consider or accept any tender, including but not limited to
tenders submitted after the tender closing time, or any tender submitted by a tenderer who
has not fully complied with these instructions provided no one tenderer shall be given any
improper advantage over another.
The Contract will be awarded when a formal letter of acceptance of tender is forwarded to
the successful tenderer. The professional service contractor will commence work upon
the receipt of the letter of acceptance.
A formal contract is executed with the professional service contractor. The contract
documents will be prepared and forwarded for signature on all copies and return within 14
days of receipt for countersigning by the State. Until the signed copies have been
received any payment that falls due may be withheld. A copy of the contract will
subsequently be forwarded to the professional service contractor for retention.
3.1.5 Notification
The State will notify all tenderers of the result of this invitation, or if this invitation is
withdrawn, without being obliged to give reasons for the result or withdrawal.
Part 4
4.1
Process Conditions
GENERAL
4.1.1 Probity
The tenderer must observe the following requirements of the tender process and will:
(a)
declare any actual or potential conflict of interest, or any basis upon which there
might be a public perception of a conflict of interest or public controversy in relation
to its potential involvement in the provision of services to the State;
(b)
not seek to employ or engage the services of any person who has a duty to the
State as an adviser, consultant or employee in relation to this process;
(c)
not collude with any tenderer or potential tenderer;
(d)
comply with all laws in force in South Australia applicable to the process;
(e)
disclose whether acting as agent, nominee or jointly with another person and
disclose the identity of the other person;
(f)
not offer any incentive to, or otherwise attempt to influence, any employee of the
State or any member of an evaluation committee at any time; and
(g)
not make any news releases or responses to media enquiries and questions
pertaining to this process without the State’s written approval.
If the tenderer acts contrary to these expectations, the State reserves the right (regardless
of any subsequent dealings) to:
(i)
terminate negotiations;
(ii)
terminate consideration of the tender; and
(iii)
terminate any contract between the tenderer and the State in relation to the project
without any obligation on the State to make any payment to the tenderer.
4.1.2 Reservation of Rights
The State reserves the right to:
(a)
invite any person or entity to submit a tender;
(b)
extend the tender closing date;
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(c)
vary the Request for Tender at any time;
(d)
vary the evaluation and selection process, including the structure or timing of the
selection process or the basis upon which tenders are required, evaluation or
accepted, provided the change is not unfair to tenderers;
(e)
terminate further participation in the process by any tenderer;
(f)
consider a tender submitted other than in accordance with these Conditions of
Tendering;
(g)
consider an incomplete tender;
(h)
abandon this invitation process at any time;
(i)
clarify any aspect of a tender after the closing date;
(j)
seek the advice of external consultants to assist the State in the evaluation or
review of tenders;
(k)
make enquiries of any person or entity to obtain information about the tenderer and
its tender;
(l)
seek information from any tenderer;
(m)
allow a tenderer to clarify, alter, amend, add to or change its tender after the
closing date;
(n)
following evaluation of tenders, invite revised tenders from one or more tenderers;
(o)
following evaluation of tenders, negotiate with a tenderer;
(p)
enter into negotiations with any other person or entity who is not a tenderer;
(q)
discontinue negotiations at any time with any tenderer; and
(r)
propose revised or replacement contract terms at any stage in this procurement
process in substitution for, or in addition to, the terms and conditions included.
4.1.3 State’s Expectations
The State expects that:
(a)
a tenderer has the necessary skills, knowledge and experience to comply with the
Statement of Requirements and/or Specifications;
(b)
a tenderer has fully informed itself of all facts and conditions relating to this
process and the Statement of Requirements and/or Specifications; and
(c)
all prices submitted will be fixed (unless otherwise specifically indicated).
4.1.4 Tenderers’ Expectations
Tenderers can expect that the State will:
(a)
preserve the confidentiality of confidential information (subject to clause 4.1.5
concerning confidentiality);
(b)
afford every tenderer the opportunity to compete fairly;
(c)
subject to the State’s right to terminate this process, consider a tender which is
submitted in accordance with these Rules by a tenderer who has:
(i)
complied with the State’s expectations as to probity;
(ii)
provided the information required in this stage of the process as set out in
this Invitation; and
(iii)
co-operated with tender rules.
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4.1.5 Confidentiality
A tenderer and the State may disclose information to any consultant engaged by the
tenderer or the State for the purpose of this process if the consultant is required to
preserve the confidentiality of that information.
Information supplied by or on behalf of the State is confidential to the State and a tenderer
must maintain its confidentiality.
The State understands the need to keep commercial matters confidential in appropriate
circumstances, but may disclose some or all of the contents of a tender if required to do
so by a constitutional convention or in order that the relevant Minister may discharge their
duties and obligations to Parliament and the State. Any condition in a tender that purports
to prohibit or restrict the State’s right to make such disclosures cannot be accepted.
4.1.6 Copyright
Copyright in these Conditions of Tendering is owned by the Minister for Transport and
Infrastructure.
By submitting a tender, each tenderer grants to the State the license to reproduce (in
whole or in part) any part of its tender regardless of any copyright or other intellectual
property right that may exist in its tender.
4.1.7 Warning - State Supplied Information
The State makes no promise or representation and does not warrant that any factual
information supplied in or in connection with this process is accurate. Information is
provided in good faith. Tenderers may request the Contact Person to address the degree
of accuracy that can be expected of particular items of information. Any such request
should:
(a)
be made no later than one week before the tender closing date.
(b)
specify the item of information of particular interest
(c)
explain why a level of accuracy in that information is material to the tenderer’s
decision to submit a tender; and
(d)
explain what level of accuracy would assist in the tenderer’s decision
On receiving such a request the State will determine in its absolute discretion if and to
what extent it will assure any level of accuracy of the identified information or provide any
requested additional information.
4.1.8 Warning - Third Party Supplied Information
The State does not warrant the truth or accuracy of material that is expressed to be
provided by a third party. Accordingly, tenderers should independently verify third party
provided source material and rely only upon their own opinions interpretation or
conclusions based on source material.
4.1.9 Cost of Preparation of Tenders
Tenderers are responsible for the cost of preparing and submitting a tender and all other
costs arising out of the process.
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