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Central Desert Regional Council
1 Bagot Road Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
[email protected]
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
CONDITIONS OF TENDER
1.
2.
3.
4.
Tender Invitation
1.1
These conditions apply to this tender invitation issued by the Central Desert
Regional Council (the Principal) to Tenderers.
1.2
This tender invitation identifies the scope of works, specification, conditions
of contract and the terms that apply to, or vary, these Conditions of Tender.
1.3
These Conditions of Tender do not form part of the Contract.
Tender Documents
2.1
The tender documents shall be these Conditions of Tender, the Conditions
of Contract identified in Clause 6, those documents listed in Section A Page
A2, all Corrective Circulars issued and any other documents issued by the
Principal’s Representative for the purpose of this tender.
2.2
Tenderers are to confirm that all pages as indexed in Section A to Conditions
of Tender have been provided.
Eligibility to Tender
3.1
Either: The Tenderer shall be a body corporate registered with an Australian
Business Number (ABN) and licensed in the Northern Territory of Australia
under the Building Act 2007
3.2
Or: The Tenderer shall be an individual registered with an Australian
Business Number (ABN) and licensed in the Northern Territory of Australia
under the Building Act 2007
No Process Contract
4.1
5.
6.
7.
Neither the issue of these tender documents nor the invitation to tender
amounts to a contract.
Contract
5.1
The tender shall be for one fixed price lump sum contract for the whole of the
works.
5.2
There shall be no adjustment to the contract sum due to rise and fall in the
cost of wages or materials, nor due to rise and fall of fees, services and
insurances, nor due to fluctuations in exchange rates.
Conditions of Contract
6.1
The General Conditions of Contract identified in Annexure A to Conditions of
Tender shall form the conditions of Contract.
6.2
A Tenderer is taken to make an offer to contract on the terms of these
documents, unless the tender invitation explicitly provides otherwise.
Tenderers to Become Informed and to Inform Their Sub Contractors
7.1
Tenderers must fully inform themselves and fully inform their SubContractors as to the contents of all the tender documents and as to the
SECTION B - CONDITIONS OF TENDER
Page B1
conditions at the work location and all visible site conditions.
7.2
8.
Principal’s Representative
8.1
9.
10.
12.
13.
For the purposes of this Tender Invitation the Principal’s Representative
shall be the person nominated in Annexure A to Conditions of Tender:
Alternative Proposals
9.1
Alternative proposals that provide similar or improved amenity through
variation to the external dimensions and floor plan layout may be offered.
9.2
Alternative proposals that offer the Principal improved value without
compromise to performance through the use of alternative materials or
construction techniques may be offered.
9.3
Alternative proposals shall only be assessed if submitted in conjunction with
a complying tender.
9.4
Where alternative proposals are offered, sufficient documentation for the
assessment of the alternative is to be provided with any price adjustment
identified.
Tender Enquiries
10.1
11.
Tenderers are to satisfy themselves as to the correctness and sufficiency of
their tender response and satisfy themselves that it covers the costs of
conforming to all the obligations of the Contract.
All tender enquiries during the tender period shall be directed to the
Principal’s Representative nominated in Annexure A to Conditions of Tender.
Amendments to Tender Documents
11.1
The Principal’s Representative reserves the right to make amendments to
the Tender Documents at any time during the tender period.
11.2
No explanation or amendment to the Tender Documents is authorised by the
Principal unless in the form of written Corrective Circular or Note of
Clarification issued by the Principal’s Representative.
Discrepancies, Errors, Omissions, & Ambiguities in the Tender Documents
12.1
If the Tenderer finds any discrepancy, error, omission or ambiguity in the
tender documents the Tenderer shall seek clarification from the Principal’s
Representative who shall issue a Note of Clarification or a Corrective
Circular to all Tenderers.
12.2
A Note of Clarification or a Corrective Circular may not be issued to
enquiries raised in the last week of the tender period in relation to
discrepancies, errors, omissions and ambiguities in the Tender Documents.
Pricing
13.1
All prices shall be stated in Australian dollars and where applicable be
inclusive of GST. Unless otherwise indicated prices shall allow for labour,
materials, transport, freight, overheads, profits and all other costs as
applicable.
13.2
Any Schedule of Rates/Lump Sum Price Breakdown, which is included in the
tender response forms shall be completed and lodged with the Tender. All
schedules of rates shall be inclusive of GST.
13.3
Pricing shall be submitted for each item in the Schedule. Any Tender in
SECTION B - CONDITIONS OF TENDER
Page B2
which the Schedule is not fully completed may be declared ineligible for
consideration.
14.
Disclosure of Weightings
Assessment criteria and percentage weightings applicable to the tender are
as follows:
Past Performance
10%
Timeliness
10%
Capacity
10%
Opportunities for Indigenous Employment and Training
5%
Price
65%
Total
100%
The close titled “Tender Assessment Criteria” in the Conditions of Tender
provides examples of the types of consideration that may form part of each
criterion.
15.
Tender Assessment Criteria
15.1
The process for the selection of tenders shall take into account mandatory
and value weighted criteria.
15.2
Mandatory Criteria
15.2.1
Past Performance
(a)
Performance history including experience in providing
similar Works and extent to which previous
undertakings were achieved
(b)
Standard of work/quality of products.
(c)
Previous disputes and claims history.
(d)
Safe and fair workplace record.
15.2.2
Time & Financial Management
(a)
Capability and capacity to meet timeframes required
(b)
Capability of cash flow management
15.2.3
Capacity
(a)
(b)
(c)
(d)
15.2.4
15.3
Organisational capacity
Financial capacity (including current credit rating).
Risk.
Legal action pending
Public and Product Liability Insurance
Value Weighted Criteria
15.3.1
Price
15.3.2
Past performance on relevant projects
15.3.3
Tenderer’s proposed date for the commencement of the Works
and the Tenderer’s construction program.
15.3.4
Tenderer’s organisational capacity to deliver the Works
SECTION B - CONDITIONS OF TENDER
Page B3
15.3.5
Opportunities for indigenous employment and training
Tenderers should provide all relevant factors addressing the selection
criteria specified in the Response Schedules, which may assist the Principal
in making an assessment of the Tender.
The Principal in its sole discretion reserves the right to apply weightings to
each criterion under Central Desert Regional Tender policy. .
16.
Permission to Visit Site
16.1
17.
Cost of Preparation of Tenders
17.1
18.
19.
20.
Tenderers wishing to the visit site shall do so by appointment arranged with
the Principal’s Representative.
Neither the Principal nor the Principal’s Representative shall be responsible
for and shall not reimburse any Tenderer for any expense or cost that the
Tenderer, in the preparation of response to this tender invitation, may incur.
Probity & Publicity
18.1
A Tenderer shall not offer any incentive, or otherwise attempt to, influence
any of the persons who are either directly or indirectly involved in the
evaluation of the Tender or in the awarding of an associated Contract.
18.2
Tenderers shall declare any actual or potential conflict of interest
18.3
Tenderers shall not collude with any other Tenderer
18.4
Tenderers shall not seek information about the tender from any person other
than the Principal’s Representative
Confidentiality
19.1
Information supplied to the Principal by a Tenderer shall remain confidential
19.2
Where information supplied by or on behalf of the Principal is identified as
confidential, Tenderers shall maintain its confidentiality.
19.3
The principal shall publish by Public Notice the outcome of the Tender where
required by applicable legislation
Submission of Tender
20.1
Tenders shall be submitted not later than the tender closing time.
20.2
Tenders shall be submitted on the Tender Response forms provided in
Section C of the Tender Documents.
20.3
All Tender Response forms shall be signed and fully completed.
20.4
Tenders shall be submitted by hand or by post or email as original
documents to the Principal’s address identified in Annexure A.
20.5
The Tenderer shall be fully responsible for ensuring that tenders are
correctly submitted.
20.6
Tenders received after the tender closing date and time shall be nonconforming.
20.7
Incomplete tender submissions shall be non-conforming.
SECTION B - CONDITIONS OF TENDER
Page B4
21.
Tender Closing Time
21.1
22.
23.
Non – conforming Tenders
22.1
Any tender submission that does not comply with these Conditions of Tender
shall be non-conforming.
22.2
A non-conforming tender may, at the sole discretion of the Principal, be
accepted or rejected.
Validity Period
23.1
24.
25.
Tenders will remain valid for the period stated in Annexure A to Conditions of
Tender from the nominated tender closing time, or if no closing time is
stipulated, from receipt of the tender.
Acceptance of Tender
24.1
The Principal shall not be bound to accept the lowest or any tender.
24.2
The tender shall not be deemed to be accepted unless or until notice in
writing of acceptance of the tender has been received by the Tenderer.
24.3
The final decision to select a successful Tenderer, or not, rests solely with
the Principal and no further correspondence shall be entered into.
Indigenous Employment and Training
25.1
26.
As stated in Annexure A to Conditions of Tender.
The Tenderer shall nominate the number of hours proposed for indigenous
employment and training in undertaking work under contract.
Work Health & Safety Management Plan
26.1
The Tenderer’s attention is drawn to the definition of “WHS Management
Plan” in clause 8a under annexure to part B Contract Conditions AS4906.
The Tenderer is required to submit a WHS Management Plan Proposal with
the Tender. Any Tender not complying with the requirements of this clause
may be declared ineligible for consideration.
SECTION B - CONDITIONS OF TENDER
Page B5
ANNEXURE A to CONDITIONS OF TENDER
Principal
Central Desert Regional Council
Principal’s Representative
Naleenda Chamara
Principal’s Address
1 Bagot Road Alice Springs NT 0870
Principal’s Postal Address
PO Box 2257 Alice Springs NT 0871
Principal’s Phone Number
T: 08 8958 9563 M: 0470 326 241
Principal’s Facsimile Number
F: 08 8958 9501
Principal’s Representative’s email
[email protected]
Council Services Manager, Lajamanu
[email protected]
Tender Closing Date & Time
30/04/2015 , 5.00 PM
Tender Validity Period
60 days
Conditions of Contract
AS4906 – 2002
Tender by mail addressed to:
CDRC Project Works 2015
Tender Box, Central Desert Regional Council,
PO Box 2257, Alice Springs NT 0870.
Tender by hand submitted to:
CDRC Project Works 2015
Tender Box, Central Desert Regional Council,
1 Bagot Street Alice Springs NT 0870.
Tender by email submitted to:
[email protected]
SECTION B - CONDITIONS OF TENDER
Page B6