Bridge Works Contract 01/2017-2018 Page 1
Request for Tender
Bridge Works
DUCK CREEK BRIDGE, SOMMERS BAY ROAD, MURDUNNA
Design & Construct a Replacement Bridge
Contract 01/2017-2018
Advertised in the Mercury newspaper 15 July and 19 July 2017
Closes 16 August 2017 at 2.00pm Council Offices, Nubeena
Bridge Works Contract 01/2017-2018 Page 2
Contents
Contents
Project Requirements 4
Conditions of Tendering 4
1. Nature of Tender 4
2. Scope of Tender 4
3. Tender Document 4
4. Addenda 4
5. Discrepancies, Errors and Omissions in Tender Documents 4
6. Submission of Tender 5
7. Lodgement of Tenders 6
8. Conforming Tender 6
9. Alternative Tender 6
10. Prerequisites to Acceptance 7
11. Rise and Fall 7
12. Inspection of Site 7
13. Notices of Tenderer 7
14. Completion Time 7
15. Validity Period 7
16. Acceptance of Tender 7
17. Tender Deposit 8
18. Scope of Works 8
19. Design and constructions requirements 8
20. The Works 10
21. Hold Points 11
Site Conditions 12
Tender Form 13
Schedules 14
Appendices 15
Appendix A – AS4902-2000 General Conditions of Contract for Design and Construct Annexure
Part A 16
Appendix B – Location Plan 22
Bridge Works Contract 01/2017-2018 Page 4
Project Requirements
Tenders are invited from suitably qualified bridge construction companies to submit
a tender to undertake works as specified in the Scope of Works and the accompanying
documentation.
Conditions of Tendering
1. Nature of Tender
Tenders shall be lodged as a lump sum and the price should be consistent with the basis of
payment as stated in the Conditions of Contract, General Specification and Project Specific
Specification.
2. Scope of Tender
The tender shall be for the whole of the works unless otherwise stated in the General Conditions
of the contract AS4902-2000, Annexure Part A. (Appendix A)
This Standard is available from Standards Australia at http://www.standards.com.au
The works shall be carried out in accordance with the State Growth standard specifications for
Roadworks and Bridgeworks as applicable. The State Growth specifications can be found on the
State Growth website, namely:
General Specifications in the “100 Series” ie sections, 160, 167, 168, 173, 175, 176, 199 and
any others the tenderer deems relevant.
Bridgeworks specifications in the “600 Series” ie sections, 602, 605, 610, 611, 612, 613, 614,
619, 620, 622, 630, 631, 652, 653, 656, 660, 670, 671, 675, 680 and 681 any others the
tenderer deems relevant.
Roadworks Specifications as required in the 200, 300 and 400 Series.
3. Tender Document
The tender document referred to herein shall mean the Drawings, Specifications, Conditions
of Contact, Conditions of Tendering, Tender Form, Schedule of Quantities and other
documents issued to Tenderers by the Principal or his/her representative, and upon which
tenders for the contact shall be based.
4. Addenda
No amendment to the tender document shall be recognised unless in the form of a written
addendum issued by the Principal or his representative.
5. Discrepancies, Errors and Omissions in Tender Documents
If the Tenderer finds any discrepancy, error or omission in the tender documents, notify the
Principal in writing on or before the closing date for tenders.
Bridge Works Contract 01/2017-2018 Page 5
6. Submission of Tender
Form of Tender
Submit the tender upon the Form of Tender provided, duly completed and signed by the
Tenderer or as authorised representative.
Accompanying Documents
The following documents are to be submitted with the tender:
• Form of Tender and schedules completed and signed by the Tenderer
• Insurance Certificates of Currency
• Quality Management System certification
• Environmental Management System certification
• WHS Management System certification
• A program scheduling the various activities from the Date of Acceptance of Tender
through to issue of the Final Certificate.
• Relevant project experience of the Contractor on bridge construction and design and
construct contracts
• Relevant qualifications and experience of key staff that the Contractor will use to
deliver this Contact.
• Relevant qualifications and experience of the Professional Engineers who will be
responsible for the design and certification of the bridge.
• The proposed bridge solution and construction methodology and its ongoing
maintenance and economic life.
• Proposed systems for risk management including workplace health and safety, quality
of product and environmental management.
• A statement of the current capability and capacity to deliver the contract on time.
• Any supporting documentation which the Tenderer considers relevant to the Tender.
• Information to support the selection criteria of the Tender assessment.
The Tenderer shall not alter or add to any tender document except as required by these
Conditions of Tendering.
Selection Criteria
Tender selection criteria have been developed in line with the Tasman Council’s Code of
Tenders and Contracts aim of achieving value for money. The selection of the successful
Tender will be based on the following criteria:-
• Price and rates
• The proposed bridge solution and construction methodology including workplace
health and safety management plan
• Proposed systems for risk management including WHS, EMS and Quality control
• Experience of the construction company and any sub-contractors and consultants
• Experience and qualifications of key personnel
Bridge Works Contract 01/2017-2018 Page 6
Name and Address
The Tender shall state:
• If the Tenderer is a person, the full given names, surname and address of the
Tenderer.
• If the Tenderer is a firm, the names in full of each member of the firm and address of
the firm.
• If the Tenderer is a company, the name of the company, the ABN and the address of
the registered office of the company
7. Lodgement of Tenders
Tenders must be contained in a sealed envelope and clearly marked:-
“TENDER – DUCK CREEK BRIDGE, SOMMERS BAY ROAD, MURDUNNA”
Tenders must be submitted to the Council Chambers, 1713 Main Road, Nubeena, Tasmania
prior to the closing time.
The Closing Time for Tenders is 2.00pm on 16 August 2017.
The Tenderer must submit signed one hard copy of the Tender.
Late tenders or tenders received by facsimile or electronic mail will not be accepted.
8. Conforming Tender
A conforming tender is defined as follows:-
• It is submitted on time
• It is lodged at the nominated place
• All required schedules are completed except in the case of alternative tender a
separate schedule prepared by the Tenderer must be completed.
• Documents are properly signed
• It complies with the tender conditions
• There are no commercial and contractual qualifications to the tender
A non-conforming tender is one, which does not satisfy the above requirements and it
may be rejected.
9. Alternative Tender
An alternative tender is one, which complies with the above conditions for a conforming
tender but does not comply with the specific scope of work. However it complies with the
intent, and meets the objective or the desired outcome of the tender.
To be eligible for consideration, the alternative tender must contain all the technical
information, costs and should identify all the proposed deviations from the tender document.
The alternative tender will only be considered if it is suitable and acceptable for the proposed
work.
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It is not a requirement to submit a conforming tender with the alternative tender.
10. Prerequisites to Acceptance
The Principal may, before any tender is accepted, require a Tenderer to submit any or all of the
following:-
• Proof of his/her resources and ability to carry out the works
• An estimated monthly cash flow
• Details of the method of construction to be used
• Proof of sound financial capacity.
The tenderer shall submit this information within the specified time as required by the Principal.
11. Rise and Fall
The rise and fall adjustments to compensate for variations in labour, material and other costs
will be provided in the specifications if the contract period exceeds one year.
12. Inspection of Site
The Tenderer is required to inspect the site, and make allowance for those site conditions in his
offered unit rates and/or lump sum prices.
13. Notices of Tenderer
The Tenderer shall acknowledge with the tender the receipt of each notice issued by the
Principal or his/her representative.
14. Completion Time
The time for completion of the works is stated in the Annexure, Part A to the General Conditions
of Contract, AS4902-2000. The Tenderer may submit different tender prices for different
completion times.
Tenderers are to make due and proper allowances for down time caused by wet weather, storm
flows, material availability and other neutral delays that may occur during the construction
period.
15. Validity Period
Tender prices of rates shall remain valid for a period of 120 days from the date of closing of
tenders.
16. Acceptance of Tender
The Principal shall not be bound to accept the lowest or any tender. The Principal will not be
responsible for or pay for expenses or losses which may be incurred by any tenderer in the
preparation of the tender.
Any tender which does not comply in every respect with the requirements of the tender
document may be rejected.
No tender shall be deemed to have been accepted until the successful Tenderer has received a
letter of acceptance of the tender from the Principal.
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On acceptance of the tender the Contractor and the Principal shall execute a formal
instrument of agreement as required by the General Conditions of Contact AS4902-2000.
Until a formal instrument of agreement is executive by the parties, documents evidencing the
parties’ consensus shall constitute the contract.
17. Tender Deposit
A tender deposit is not required.
18. Scope of Works
This contract is for the design and construction of a new bridge (the bridge) on Sommers Bay
Road to replace an existing timber bridge where it crosses Duck Creek. The Bridge is located
some 2500 metres south of the Sommers Bay Road/Arthur Highway junction. The site is
shown on the attached location map (Appendix B).
The Tasman Council are requesting the tenderer submit a cost for both a single lane bridge
(4.5 metres between the rails) and a duel lane bridge (6.5 metres between the rials).
19. Design and constructions requirements
The new bridge is to replace an existing timber bridge which shall be removed by the
successful tenderer. The bridge is to be constructed on the same alignment and deck levels
of the existing bridge.
The existing bridge is approximately 8.0m long and 5.0m wide with a clear width of 4.75
metres between the rails and operates as a single lane bridge.
The carriageway of the new bridge is to be 4.5 metres clear width between railings.
The Council invites tenders to offer an alternative tender for a duel carriageway bridge with a
clear width of 6.2 metres between railings.
The design of the bridge shall comply with the Australian Standard Bridge Code series AS5100-
2004 including any Supplements.
Attention is drawn to Clause 6.2 of AS5100.1-2004 with respect to the design life of the bridge.
The design of the structure is to allow for the SM1600 traffic loading in accordance with
AS5100.2 Clause 6.2
Attention is drawn to Clause 7 of AS5100.1 -2004 Waterways and Flood Design. The bridge is
to maintain existing deck levels and shall be designed to maintain or improve the existing
hydraulic capacity. Information regarding water flow and levels is available from the
Tasmanian Department of Primary Industry. Water and Environment.
Attention is drawn to Clause 15 of AS5100.2-2004 and the bridge must be designed to
withstand forces from water flow in Saltwater River.
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The Contract will include the “100 Series General Specifications” which can be found on the
Department of State Growth website at;
http://www.transport.tas.gov.au/road/contractor/specifications/specification-listings-
standard-sections
The Contract will include the “600 Series Bridgework Specifications” which can be found on
the Department of State Growth website at;
http://www.transport.tas.gov.au/road/contractor/specifications/specification-listings-
standard-sections
Attention is drawn to Clause 10 of AS5100.1-2004 with respect to the design of road traffic
barriers. A W-beam barrier with 1m post spacing shall be used and the approach barriers shall
be a minimum length of 19m.
Where required, the design and construction of the bridge will include and supply and
placement of scour protection between piers and abutments, supply and placement of the
drainage layer to the abutments and wing walls and the supply and placement and
compaction of sub-base material up to sub-base level (300mm below existing surface) of the
existing road pavement to the Department of State Growth specifications.
The design and construction of the bridge will include the continuation and management of
roadside stormwater drainage and directing stormwater into Saltwater River with suitable
scour protection.
Attention is drawn to Clause 16 of AS5100.1-2000 with respect to utilities. Provision shall be
made for any existing services to be carried on the new bridge and the Contractor will be
responsible for liaising with the service authority, complying with their requirements, and
maintaining the service during construction and transfer to the new bridge.
The bridge is to be designed by a suitably qualified and experience Professional Engineer as
defined in Clause 4.3 of AS5001.1-2004 (the Professional Engineer). The design is to include
an inspection and testing program to ensure that the bridge is constructed as designed and
specified.
The Professional Engineer will certify that the inspection and testing program has been carried
out and that all materials and components have met the requirements of the inspection and
testing program prior to practical completion of the Contract.
The Professional Engineer will certify that the bridge has been constructed in accordance with
the design prior to Practical Completion of the Contract.
A traffic management and public contact plan shall be put in place that is acceptable to the
Superintendent before commencing any work on site.
Practical Completion will include the works being completed to the satisfaction of the
Superintendent and the bridge has been opened to the public.
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20. The Works
The works are to include:-
• Prior to the commencement of any works on site the Contractor shall undertake site
investigation and prepare a Contract Management Plan in accordance with the
Department of State Growth General specification G2 – Contract Management Plan
to the satisfaction of the Superintendent. The Contract Management Plan is to
address all aspects of this specification including:
o Detailed program of works
o Environmental management
o Product quality compliance
o Workplace health and safety
o Traffic management
o Public contact
o Maintenance during defects liability period
o Emergency management
• Prior to the commencement of any works the Contractor shall prepare a preliminary
design of the bridge in accordance with the design and construction requirements and
to the satisfaction of the Superintendent that will include:-
o A site plan and scale drawings of the bridge in plan, elevation, sections and
details showing principal structural members, their layout, dimensions and
materials of construction.
o A design report by the Professional Engineer to show and certify that the new
bridge will have the same hydraulic capacity as the existing bridge.
o A design report by Professional Engineer to show and certify that the bridge
will comply with the requirements of AS5100.
• Site preparation including:-
o Establishing site offices and storage area and fencing with a suitable security
fence to prevent access by the public and stock.
o Relocation of services where required
o Traffic management
o Environmental protection works
o Construction of diversion bridge.
• Prior to the commencement of any bridge construction and manufacture of
components the Contractor shall prepare a detailed design of the bridge in
accordance with the design and construction requirements and to the satisfaction of
the Superintendent including:-
o Complete bridge design plans and specifications for manufacture and
construction of the bridge and ancillary works
o A detailed inspection and testing plan meeting the requirements of
manufacture and bridge construction
o A design report by the Professional Engineer to show and certify that the
bridge design complied with the requirements of AS5100.
Bridge Works Contract 01/2017-2018 Page 11
o A Form 55 Certificate of Others (Building Act 2000) – Structural Certificate
• Construction of the bridge to the detailed design including:-
o Modifications to existing concrete abutments per appendix D
o Relocation and management of services
o Offsite manufacture of components
o Bridge construction
o Traffic management
o Inspection and testing
o Environmental management
• Prior to Practical Completion and to the satisfaction of the Superintendent, the
Contractor will provide a report by the Professional Engineer, providing details and
evidence, certifying that the bridge has been constructed in accordance with the
detailed and preliminary bridge designs and has met all testing and inspection
requirements detailed in the inspection and testing plan.
• Site meetings with the Superintendent on a regular weekly basis. During peak
construction activity the frequency of these meetings may be increased at the
discretion of the Superintendent. The Contractor is to prepare minutes of site
meetings and forward to the Superintendent within three working days of the
meeting.
• Project management of the Contract including, management of sub-contractors,
preparation of all programs and schedules, site meeting minutes and delivery of the
Contract Management Plan.
• Maintenance and inspection during the Defects Liability Period.
• A detailed maintenance and inspection program for the ongoing management and
maintenance of the bridge.
21. Hold Points
The Contract shall have the following Hold Points:-
1. Prior to any site works –
a. Provision of all required security and insurance certificates
b. Submission and acceptance of the Contract Management Plan (note a quality
assurance plan is required, however, detailed inspection and testing program is
to be delivered with the detailed design)
c. Provision of evidence of plant and vehicle operator training along with
qualifications plus a white card for all site workers
d. Submission and acceptance of the Preliminary Design.
2. Prior to any detailed design and bridge works –
a. Submission and acceptance of the Preliminary Design.
3. Prior to any bridge works –
a. Submission and acceptance of Detailed Design.
4. Prior to Practical Completion –
a. A report by the Professional Engineer certifying that the bridge has been
constructed and meets all the requirements of the design and the inspection and
testing program.
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5. Prior to issue of the Final Certificate –
a. A report by the Professional Engineer that the maintenance procedures for the
defects liability period have been carried out and that the constructed bridge
meets design and specifications requirements.
Site Conditions It is the Contractors’ responsibility to undertake site investigations to determine conditions that
may affect both the design and the construction of the bridge and adjustment of approaches if
required.
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Tender Form
BRIDGEWORKS – DUCK CREEK BRIDGE, SOMMERS BAY ROAD, MURDUNNA
DESIGN & CONSTRUCT A REPLACEMENT BRIDGE
CONTRACT 01/2017-2018
TENDER FORM
Name of Person, form or Company tendering
Company ABN
Address of Tenderer
Contact Phone Number
Contact Fax Number
Contact E-mail Address
Hereby tender(s) to perform the work for Description of the Works Contact 01/2017-2018: Replacement Bridge over
Duck Creek on Sommers Bay Road, Murdunna
List of Documents In accordance with the following documents:
• Request for Tender Contract 01/2017-
2018 document
Insert Tender Lump Sum Price For the Lump Sum of
…………………………………………………………………..
$ ……………………………………………………………….
Amount Exclusive of GST
If the Tenderer is a firm, the full name of the
firm’s representative
Insert date
Dated (day) of
(month)2017
Signature of Tenderer
Bridge Works Contract 01/2017-2018 Page 14
Schedules
BRIDGEWORKS – DUCK CREEK BRIDGE, SOMMERS BAY ROAD, MURDUNNA
This Schedule of Works sets out the items of work required under the contract.
Each item in the schedule shall be all inclusive of design, materials, labour, plant, project and
incidentals necessary to complete the specific item.
Any item or part of the works not specifically mentioned shall be allowed for within the items in this
schedule as considered relevant by the tenderer to allow for the intended execution of the contract
in accordance with the contact documents.
This schedule sets out the items of work required under the contract.
ITEM DESCRIPTION AMOUNT
(Excl GST)
AMOUNT
(Incl GST)
1 Site investigation and contract management
plan
2 Preliminary design
3 Detailed design
4 Site establishment including site offices, crib
rooms, storage area, fencing, service relocation
5 Supply and installation of division bridge
including civil works ensuring all traffic can
continue to access properties south of the
bridge.
6 Manufacture and delivery to site of pre-cast
components
7 Excavation, piling and construction of bridge
abutments and piers read to receive pre-cast
members
8 Construction of bridge including all fencing and
associated road works
9 Decommission site
TOTALS
This Schedule of Rates will be used to assess variations to the contract sum. The rates shall be
inclusive of mark up for profit and attendance:
Item Unit Rate
(Excl GST)
Rate
(Incl GST)
Project Manager Hour
Professional Engineer Hour
Site Supervisor Hour
Tradesperson Hour
Labourer Hour
20t excavator Hour
Backhoe Hour
10t truck Hour
Tenderer’s Signature: Date:
Bridge Works Contract 01/2017-2018 Page 15
Appendices
Appendix A – AS4902-2000 General Conditions of Contract for Design and Construct Annexure Part A
Appendix B – Location Plan
Appendix C – Tasman Council Code of Tendering.
Bridge Works Contract 01/2017-2018 Page 16
Appendix A – AS4902-2000 General Conditions of Contract for Design and
Construct Annexure Part A
ANNEXURE to the Australian Standard General
Conditions of Contract for Design and Construct PART A
This Annexure shall be completed and issued as part of the tender documents and, subject to any
amendments to be incorporated into the Contract, is to be attached to the General Conditions of
Contract and shall be read as part of the Contract.
Item
1 Principal
(clause 1)
Tasman Council
ACN ………………………….. ABN 63 590 070 717
2 Principal’s address 1713 Main Road
Nubeena Tas 7184
Phone: 6250 9200 Fax: 6250 9220
3 Contractor
(clause 1)
………………………………………………………………………………………………
………………………………………………………………………………………………
ACN …………………………………… ABN ………………………………………..
4 Contractor’s address
………………………………………………………………………………………………
………………………………………………………………………………………………
Phone: ………………………………. Fax: ………………………………………..
5 Superintendent
(clause 1)
Simon Pulford
………………………………………………………………………………………………
………………………………………………………………………………………………
6 Superintendent’s address C/O Tasman Council 1713 Main Road, Nubeena, TAS 7184
………………………………………………………………………………………………
………………………………………………………………………………………………
71 (a) Date for practical completion
(clause 1)
OR
(b) Period of time for practical
completion (clause 1)
1 December 2017
…………………………………………………………………………………………
8 (c) Governing law (clause 1(h)) …………………………………………………………………………………………………
If nothing stated, that of the jurisdiction where the site is located
1 If applicable, delete and instead complete equivalent item in the separable portions section of the Annexure
Part A
Bridge Works Contract 01/2017-2018 Page 17
9 (a) Currency (clause 1(g)
(b) Place for payments (Clause
1(g))
(c) Place of business of banks
(clause 1(d))
…………………………………………………………………………………………………
If nothing stated, that of the jurisdiction where the site is located
…………………………………………………………………………………………………
If nothing stated, The Principal’s address
…………………………………………………………………………………………………
If nothing stated, the place nearest to where the site is located
10 The Principal’s project
requirements are described in the
following documents (clause 1)
1. Preliminary design (if included in Item 11)
2. Project requirements for Contract No. 05/2016-2017
3. …………………………………………………………………………………..
4. …………………………………………………………………………………..
5. …………………………………………………………………………………..
11 Preliminary design (clause 1) A preliminary design is not included in the Principal’s
requirements.
12 Quantities in schedule of rates,
limits of accuracy (subclause 2.5)
Upper limit ………………………………………………………………………
Lower limit ……………………………………………………………………….
13 Provisional sum, percentage for
profit and attendance (clause 3)
……………………………………… %
142 Contractor’s security
(a) Form (clause 5)
(b) Amount of maximum
percentage of contract sum
(clause 5)
(c) If retention moneys,
percentage of each progress
certificate (clause 5 and
subclause 37.2)
(d) Time for provision (except for
retention moneys) (clause 5)
(e) Additional security for unfixed
plant and materials (subclauses
5.4 and 37.3)
(f) Contractor’s security upon
certificate of practical
completion is reduced by
(subclause 5.4)
Retention ……………………………………………………………………………
…………………………………………………………………………………………….
………………….. %, until the limit in Item 14(b)
If nothing stated, 10%, until the limit in Item 14(b)
Within …………………. Days after date of acceptance of tender
If nothing stated, 28 days
All items with a value of more than $5,000.00
……………………………………………………………. $ ……………………….
………………………..% of amount held
If nothing stated, 50% of amount held
153 Principal’s security
(a) Form (clause 5)
(b) Amount or maximum
percentage of contract sum
(clause 5)
(c) Time for provision (clause 5)
(d) Principal’s security upon
certificate of practical
completion is reduce by
(subclause 5.4)
Nil
Nil
5% of tender sum retained during defects liability period.
Within NA days after date of acceptance of tender
If nothing stated, 28 days
Nil % of amount held
If nothing stated, 50% of amount held
2 If applicable, delete and instead complete equivalent item in the separable portions section of the Annexure
Part A 3 If applicable, delete and instead complete equivalent item in the separable portions section of the Annexure
Part A
Bridge Works Contract 01/2017-2018 Page 18
16 Principal-supplied documents
(subclause 8.2)
Document No. of copies
1. Principal’s project requirements Electronic
2. ……………………………………………… …………………
3. ……………………………………………… …………………….
4. ……………………………………………… …………………….
5. ……………………………………………… …………………….
If nothing stated 5 copies
17 Documents, numbers of copies,
and the times or stages at which
they are to be supplied by the
Contractor (subclause 8.3)
Document
1. Contract Management Plan
2. Preliminary Design
3. Detailed Design
4. Engineers report
5. Engineers maintenance report
No. of copies Time/stage
Electronic 2 weeks from date of acceptance
Electronic 3 weeks from date of acceptance
Electronic 6 weeks from date of acceptance
Electronic Prior to date of Practical Completion
Electronic 52 weeks from Practical Completion
18 Time for Superintendent’s direction
about documents (subclause 8.3)
……………………….days
If nothing stated, 14 days
19 Subcontracting
(subclause 9.2)
Work by consultants Work by others
………………………………………… All subcontract work with an
anticipated value of more
than 10% of the contract sum
………………………………………… …………………………………………..
………………………………………… …………………………………………..
………………………………………… …………………………………………..
………………………………………… …………………………………………..
20 Novation (subclause 9.4) Subcontractor or selected Work by others
Subcontractor, as the case All subcontract work with an
anticipated value of more
than 10% of the contract sum
………………………………………… …………………………………………..
………………………………………… …………………………………………..
………………………………………… …………………………………………..
………………………………………… …………………………………………..
21 Intellectual property rights granted
to the Principal, the Alternative
applying (subclause 10.2)
……………………………………………………………………………………………
If nothing stated, Alternative 1 applies
22 Legislative requirements
(a) Those excepted (subclause
11.1)
(b) Identified WUC (subclause
11.2(a)(iii))
Nil
…………………………………………………………………………………………..
Any WUC with a value of more than 10% of the contract sum
…………………………………………………………………………………………..
23 Insurance of the Works (Clause
16A)
(a) Alternative applying
If Alternative 1 applies
…………………………………………………………………………………………..
If nothing stated, Alternative 1 applies
NA
Bridge Works Contract 01/2017-2018 Page 19
(b) Provision for demolition and
removal of debris
(c) Provision for consultants fees
and Principal’s consultants fees
(d) Value of materials or things to
be supplied by the Principal
(e) Additional amount or
percentage
……………………………………………….. $ ………………………………….
OR
………………………………………..% of the contract sum
NA
……………………………………………….. $ ………………………………….
OR
………………………………………..% of the contract sum
NA
……………………………………………….. $ ………………………………….
NA
……………………………………………….. $ ………………………………….
OR
………………………………………..% of the total of (a) to (d) in clause 16A
24 Professional indemnity insurance
(clause 16B and subclause 9.2(d))
(a) Levels of cover of Contractor’s
professional indemnity
insurance shall be not less than
(b) Period for which Contractor’s
professional indemnity
insurance shall be maintained
after issue of the final
certificate
(c) Categories of consultants and
levels of cover of consultants
professional indemnity
insurance
(d) Period for which each
consultant’s professional
indemnity insurance shall be
maintained after issue of the
final certificate
…………………………………………………………………………………………
…………………………………………………. $ …………………………………
If nothing stated, $5,000,000
…………………………………………………………………………………………
If nothing stated, 6 years
Category Levels of Cover
Consulting Engineers $...........................
Surveyors $...........................
Geologists $...........................
…………………………………………………………………. $............................
If nothing stated, $1,000,000
………………………………………………………………………………………….
If nothing stated, 6 years
25 Public liability insurance (clause 17)
(a) Alternative applying
If Alternative 1 applies
(b) Amount per occurrence shall
be not less than
………………………………………………………………………………………….
If nothing stated, Alternative 1 applies
………………………………………………………………………………………….
…………………………………………. $20,000,000
If nothing stated, $10,000,000
26 (a) Time for giving access
(subclause 24.1)
(b) Time for giving possession
(subclause 24.1)
Within ………………… days of date of acceptance of tender
If nothing stated, 14 days
Within……………….. days of date of acceptance of tender
If nothing stated, 14 days
27 The information, materials,
documents or instructions and the
times by, or periods within which
they are to be given to the
Contractor (clause 32)
Documents or instructions Times/Periods
1. ……………………………………………… ………………………….
2. ……………………………………………… ………………………….
3. ……………………………………………… ………………………….
4. ……………………………………………… ………………………….
5. ……………………………………………… ………………………….
28 Qualifying causes of delay, causes
of delay for which EOTs will not be
The first three days of inclement weather in each calendar month
up to and including the date of Practical Completion
………………………………………………………………………………………………..
Bridge Works Contract 01/2017-2018 Page 20
granted (paragraph (b)(iii) of clause
1 and subclause 34.3)
………………………………………………………………………………………………..
294 Liquidated damages, rate
(subclause 34.7)
Based on a seven day week the rate shall be $150.00 per day
305 Bonus for early practical
completion (subclause 34.8)
(a) Rate
(b) Limit
Nil
………………………………………………………………………………………………..
………………………………………….. per day $ ……………………..per day
………………………………………………………………………………………………..
.………………………………………………………….$ ……………………………….
OR
………………………………………….. % of contract sum
If nothing stated, there is no waiver
316 Other compensable causes
(paragraph (b) of clause 1 and
subclause 34.9)
…………………………………………………………………………………………….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
32 Defects Liability period (clause 35) …………………………………………………………………………………………….
If nothing stated, 12 months
33 Progress Claims (subclause 37.1)
(a) Times for progress claims
OR
(b) Stages of WUC for progress
claims
…………………………………………….. day of each month for WUC done
to the second last day of that month
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
34 Unfixed plant and materials for
which payment claims may be
made (subclause 37.3)
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
35 Interest rate on overdue payments
(subclause 37.5)
5% per annum
If nothing stated, 18% per annum
36 (a) Time for Principal to rectify
inadequate access (subclause
39.7(a)(iii))
………………………………. Days
If nothing stated, 14 days
………………………………. Days
4 If applicable, delete and instead complete equivalent item in the separable portions section of the Annexure
Part A.
5 If applicable, delete and instead complete equivalent item in the separable portions section of the Annexure
Part A 6 If applicable, delete and instead complete equivalent item in the separable portions section of the Annexure
Part A
Bridge Works Contract 01/2017-2018 Page 21
(b) Time for Principal to rectify
inadequate possession
(subclause 39.7(a)(iv)
If nothing stated, 14 days
37 Arbitration (subclause 42.3)
(a) Person to nominate an
arbitrator
(b) Rules for arbitration
(c) Appointing Authority
under UNCITRAL
Arbitration Rules
…………………………………………………………………………………………….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
If no-one stated, the President of the Institute of Arbitrators &
Mediators Australia
…………………………………………………………………………………………….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
If nothing stated:
(a) Rules 5-18 of the Rules of The Institute of Arbitrators &
Mediators Australia for the Conduct of Commercial
Arbitrations;
…………………………………………………………………………………………….
…………………………………………………………………………………………….
…………………………………………………………………………………………….
(b) If one or more of the parties are nationals of and
habitually resident in, incorporated in, or where the
central management and control is exercised in,
different countries as between the parties, then the
UNCITRAL Arbitration Rules shall apply and the
appointing authority shall be the person provided in Item
37(c)
…………………………………………………………………………………………….
If no-one stated, the President of the Institute of Arbitrators &
Mediators Australia.
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COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
1
PURPOSE OF POLICY:
The purpose of this Code for Tenders and Contracts “Code”, is to provide a policy framework on
best practice tendering and procurement methods in line with the legislative requirements of
the Local Government Act 1993 (“the Act”) and the Local Government (General) Regulations
2015 (“the Regulations”).
SCOPE:
All Tasman Council employees.
1. INTRODUCTION:
The purpose of this Code is to provide a policy framework on best practice tendering
and procurement methods in line with the legislative requirements.
2. PROCUREMENT PROCESS:
The following table refers to the thresholds and summarises what purchasing method Council
utilises based on the total dollar value of the purchase.
Procurement Value Minimum Requirement
$30,000 and below Direct Purchase - Verbal Quotations
No formal quotations are required, however, the General Manager may at his
discretion obtain verbal quotations, of which at least one will be sought from a
local business (if available).
Between $30,000 and
$249,999
Written quotations
The General Manager may at his discretion seek at least three written
quotations, of which at least one will be sought from a local business (if
available).
$250,000 and greater Public Tender
• Council will advertise each tender at a minimum in the Mercury newspaper for
a minimum of a two week period. Other advertising may be utilised as required
to be run concurrently.
• Each tender will be advertised on Councils website.
• Council would ideally like at least one tender from a local business (if available).
A local business is one that is operating in the municipal area, has a permanent office or
presence in the municipal area and employs workers from the municipal area.
Nothing in this section precludes the General Manager from calling Public Tenders for
procurement for a value less than $100,000 excluding GST, such tenders are to be in accordance
with this Code.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
2
2.1 Purchasing Documentation
2.1.1 Verbal Quotations (for purchases below $30,000 excluding GST)
While no formal quotations are required for purchases below $30,000 excluding GST the
General Manager may, at his discretion, obtain quotations on a verbal basis. The contractor
must have a scope of works and be able to provide OH&S conditions.
2.1.2 Written Quotations (for purchases between $30,000 and $249,999 excluding GST)
The Request for Quotation (RFQ) is a document inviting offers from businesses to provide a
specified good or service. An RFQ may be in letter form. Council’s quotation documents will
include all terms and conditions of quotation, together with a clear description of the goods or
services (specifications) required and the details of any applicable Council policies.
The complexity of the documentation will depend upon the nature and value of the purchase.
2.1.3 Tenders (for purchases greater than $250,000 excluding GST)
Council’s Request for Tender (RFT) is a document inviting offers from businesses to provide
specified goods or services. Council’s Request for Tender documentation usually consists of four
main parts as follows:
• Conditions of Tender - The Conditions of Tender set out the terms under which Council will
receive and evaluate tenders. The conditions will usually include:
- evaluation criteria and a brief outline of the evaluation methodology to be used;
- closing date, time and place of lodgement;
- Council contact details;
- pricing requirements (eg the price should exclude GST);
- details of the intended duration of the contract, including any extensions applicable to
the contract;
- advice and details on the availability of any briefing sessions for prospective tenderers;
- details on how tenders are to be lodged to ensure that Tenders lodged through the
post are brought to the attention of Council Officers and placed in the relevant Tender
Box and not opened, for example, in an envelope marked “Confidential - Tender”;
- advice on how and in what circumstances the purchasing documentation can be
altered;
- advice on the treatment of late submissions;
- an indication if alternative bids will be considered;
- relevant Council policies and principles;
- entitlement of unsuccessful bidders to be debriefed; and
- information on the Council’s complaints process.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
3
• Specification - The specification clearly and accurately describes the requirements of the goods
or service being purchased. It is the basis of all offers and is the foundation for the contract.
The specification will usually include functional requirements, performance requirements and
technical requirements.
• Conditions of Contract - The Conditions of Contract contain the contractual terms defining the
obligations and rights of the parties concerned. Generally, contracts are used for all purchases
over $250 000, or where there are material risks involved.
• Tender Form - The Tender Form must be completed, signed and returned by the tenderer. It
includes a declaration by the tenderer that: the tenderer agrees to the Conditions of Tender; the
information provided in the tender is accurate and correct; and the person signing the form is
duly authorised to do so.
When preparing tender documentation Council will ensure that specifications do not restrict
competition, reflect bias to any brand, or act as a barrier to the consideration of any
alternatives.
Where applicable, documentation such as tenders will be cleared by Council’s legal advisers and
the General Manager before being issued.
2.1.4 Minimum Requirements
It will be a minimum requirement of all quotations and tenders that the tenderer and quoter
must be able to meet Council’s applicable workplace health and safety, risk management and
insurance requirements.
2.1.5 Tenderer Conduct
Tenderers must not:
• engage in any form of collusive tendering;
• lobby Councillors or Council employees;
• offer gifts or personal benefits to Councillors or Council employees.
Any tenders will not be considered if a tenderer is found to have acted in breach of this
requirement.
2.2 Inviting Offers
2.2.1 Verbal Quotations
When inviting verbal quotations the General Manager will provide each supplier with the same
information and will give each supplier the same amount of time to prepare a quote; and seek
at least one verbal quotation from a local business (if available).
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
4
2.2.2 Written Quotations
When inviting written quotations:
• where possible, the General Manager will seek at least three written quotations of which
one quotation will be sought from a local business if available;
• in some cases, the General Manager may choose to advertise a quotation if advantageous
to do so;
• the General Manager will send the invitation to quote to identified businesses;
• the time the General Manager provides to bidders to respond to the request for quotation
will depend largely upon the nature and the complexity of the purchase; and
• exemption from seeking quotations will only be granted by the General Manager in
circumstances outlined below under Exemptions.
2.2.3 Tenders
When inviting tenders:
• Council will advertise as required under section 2.11;
• Council tender documentation will either be made available via mail, email, facsimile or
electronically available from Council’s website at www.tasman.tas.gov.au
• If the tender documents are downloaded from Councils’ website, then the tenderer must
register by sending a company email to [email protected] in order to receive any
addendums.
• The General Manager may send tender documentation directly to identified businesses,
however, any documentation will not be provided to a potential tenderer until the tender
has been advertised;
• The General Manager will ensure that all potential suppliers are provided with identical
information upon which to base tenders and are given equal opportunity to meet the
requirements;
• The General Manager may conduct a Tender Briefing;
• The General Manager will endeavour not to modify the evaluation criteria or methodology
after the request for tender has been released, however, if for any reason there is a need to
alter the tender documentation once it has been issued, an addendum will be sent to all
businesses that have been registered and issued with that documentation; and
• If it is necessary to extend the closing date of the tender the following will be done:
- all businesses that have been issued with tender documentation will be advised in
writing of the change in closing date; and
- the new closing date will be advertised in all newspapers and websites where the
original advertisement was placed.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
5
2.3 Contact Officer
For the purposes of communication with all potential tenderers the General Manager is to
nominate one Contact Officer for each purchasing activity and clearly specify their name and
contact details.
The Contact Officer will:
• be the sole point of communication with prospective tenderers and document any questions
asked of them by prospective tenderers and any response given;
• where possible, request that questions from prospective tenderers be put in writing (email or
facsimile will suffice). Any response from the Contact Officer will also be provided in writing;
and
• where possible, limit the provision of information to the clarification of procedural issues.
Any additional information provided to one prospective tenderer is to be provided to everyone
else who has requested or received tender documentation.
2.4 Receiving Offers
2.4.1 Verbal and Written Quotations
Any written or verbal quotation received prior to the closing time will be held in a secure
location to maintain confidentiality and to protect the individuals involved from claims of unfair
practices.
All quotations that the Council receives will be clearly marked with the time and date of receipt.
For written quotations, the General Manager will follow the procedures set out in the conditions
of quotations for any late quotations and by receiving a late quotation will ensure that we are
not providing an advantage to that bidder over other bidders.
2.4.2 Tenders
The General Manager will provide a locked tender box at the designated tender lodgement
location.
When opening Tenders the General Manager will ensure that tenders are:
• opened in the presence of a minimum of two Council Officers including one from Finance; and
• clearly identified and recorded.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
6
The General Manager will follow the procedures set out in the conditions of tender. Any late
tender submissions will also need to have a case as to why the deadline was missed which will
then need approval by the General Manager.
2.5 Evaluating Offers
2.5.1 Verbal and Written Quotations
The General Manager when evaluating verbal and written quotations is to do so with the
objective of identifying the offer that best meets Council’s requirements and provides the best
value for money. When evaluating quotations the following factors are to be taken into
consideration:
• estimated life, disposal value and maintenance requirements and costs;
• price;
• compliance with quotation specifications;
• quality, delivery and service;
• the benefits of sourcing locally if prices or services are similar;
• the consequences, including possible risks, of entering into a contract where there is one
supplier, or a limited number of suppliers, that can provide and maintain the particular product
over its lifetime; and
• any relevant Council policies.
2.5.2 Tenders
Tenders will be evaluated in accordance with the evaluation criteria and methodology specified
in the evaluation plan, which was developed prior to offers being invited. Council will not modify
the evaluation criteria or methodology after the Request for Tender has been released unless all
potential tenderers are advised of the change in writing.
Evaluation of Tenders is to be undertaken by an Evaluation Committee established by the
General Manager. An Evaluation Committee is to consist of at least 2 members including the
relevant Manager.
In evaluating tenders the Evaluation Committee is to undertake the following steps:
• Evaluate compliance - Screen all offers to ensure that they are complete and comply with all
mandatory evaluation criteria. Offers which do not meet all mandatory criteria and are non-
compliant may be excluded from further evaluation.
• Clarify offers - It may be necessary to seek clarification from a tenderer if an offer is unclear.
Clarification does not mean that tenderers can revise their original offer. Any clarification
sought should be documented.
• Evaluate qualitative / non-cost criteria - this stage involves an analysis of each offer against the
non-cost or qualitative evaluation criteria and weightings specified
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
7
• Shortlist offers - This step is only used for complex purchases in order to eliminate offers that
are clearly not competitive. However, during this process, eliminated offers are not yet
totally rejected and may be re-visited later in the evaluation process.
• Requests for Tenderers to make a formal presentation - If appropriate, and tenderers have
been forewarned in the Conditions of Tender, tenderers may be requested to make a formal
presentation to the Evaluation Committee, clarifying their tender and providing the
opportunity for the committee to ask questions. Under these circumstances, the tenderer
will be directed to not introduce new or revised information. All information, questions and
answers will be recorded by the Council.
• Calculate value for money and compare offers - The aim of Council’s comparative evaluation
process is to determine which offer best meets all the requirements of the specification and
offers the best value for money. The major factors which the Council take into consideration
when evaluating value for money are:
- the quality of the proposed good or service (how well it meets the specified
requirements); vs
- risk, that is, the capacity of the tenderer to deliver the goods or services, as specified,
on-time and on-budget.
• Select preferred tenderer – when selecting the offer that represents the best value for money
for Council and where two or more firms are ranked equally following the value for money
assessment, preference will be given to a local business over businesses outside the
municipal area. In selecting a preferred tenderer for a high risk/high value or complex
process, the Council may undertake a due diligence investigation to ensure that the tenderer
has the capacity and stability to fulfil all of the requirements of the contract.
• Write the evaluation report - on completion of the evaluation process the Evaluation
Committee will document the selection of a successful tenderer in an Evaluation Report to be
submitted to the General Manager. An Evaluation Report is to include a record of the
evaluation method, the rationale used to select the preferred supplier, and whether it is
recommended that negotiations should be undertaken, and on what basis.
2.6 Determination - Acceptance of Tenders and Quotations
The General Manager is delegated the power and function for the expenditure or funds and
relating to the purchase of goods and services under $250,000 excluding GST including the
acceptance of quotes as provided within Council’s budget estimates under Delegation No. 1(ii).
On receipt of the Evaluation Report the General Manager may determine the preferred tenderer
and accept the lowest tender within Councils budget.
Nothing in this Code or delegations granted to the General Manager precludes the General
Manager from referring any quotation or tender to the Council for determination and
acceptance.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
8
For tenders not approved under delegation or tenders or quotations referred to the Council the
General Manager is to present a report to the Council providing a recommendation.
2.7 Notification of Successful and Unsuccessful bidders
Once a preferred tenderer is selected and all relevant Council approvals to proceed with the
purchase have been granted, the General Manager shall write and (in most cases) telephone the
preferred tenderer to notify them that they have been successful. After the preferred tenderer
has been notified, the General Manager will notify all unsuccessful bidders in writing of their
non-selection.
Unsuccessful bidders may be granted a debriefing session if required.
2.8 Debriefing unsuccessful bidders
The purpose of the debriefing session is to help unsuccessful tenderers submit more
competitive bids in future by identifying ways in which the tenderer's offer could be improved.
A debriefing interview may be granted to any unsuccessful bidder who requests one and at this
interview the unsuccessful bidder will be briefed as to:
• how their offer performed with respect to the evaluation criteria; and
• strengths as well as weaknesses of their offer.
During this interview, the following will not happen:
• comparisons between the unsuccessful tenderer's offer and the winning, or any other, offer;
or
• the debriefing interview being used to justify the selection of the successful tenderer.
The Council’s debriefing team will include at least one member from the Tender Evaluation
Committee.
Proceedings at each debriefing interview will be documented including:
• who attended (from the Council and from the business concerned);
• the information provided to the unsuccessful tenderer;
• any issues arising; and
• the details of any information that was requested, but not disclosed due to commercial-in-
confidence considerations.
Where a multiple-stage purchasing process is used (for example where Expressions of Interest
are used to short-list tenderers) suppliers not short-listed may be offered a debriefing interview
at the discretion of the General Manager, in a similar way to unsuccessful tenderers.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
9
2.9 Multiple-use register
From time to time the Council may utilise a multiple-use register process to establish a register
of suppliers that Council has determined satisfy the conditions for participation in that register
and that Council intends to use more than once.
If it is determined that such a register will be established, the General Manager will invite
tenders from prospective applicants by advertising as required under section 2.11.
The General Manager will ensure that applicants are provided with the following in order to
make an application:
• details of the categories of goods or services required;
• the criteria for evaluating applications;
• the method of evaluating applications against the criteria; and
• the conditions for participation to be satisfied by suppliers and the methods that the Council
will use to verify a supplier’s satisfaction of the conditions;
• a reference to the council’s Code for Tenders and Contracts.
The General Manager will advise all prospective tenderers of the results of their application
including all categories for which they are registered and the reasons for rejection of inclusion
on the register as soon as practicable.
Council will review any established register at least once every 2 years and annually for new
contractors/ suppliers.
A prospective applicant will be allowed to apply for inclusion on a register of tenderers at any
time, unless the perspective tenderer has applied within the previous 12 months and has not
been accepted.
If performance during this time is not satisfactory, Council reserves the right to delist following a
meeting with the contractor.
2.10 Multiple-stage tenders
From time to time the Council may utilise a multiple-stage tendering process to:
• gain market knowledge and clarify the capability of suppliers;
• shortlist qualified tenderers; and
• obtain industry input.
A multiple-stage purchasing process may be more costly and time-consuming for both suppliers
and for Council, and as such we will usually only use them where:
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
10
• the best way to meet the requirement is unclear;
• it is considered appropriate to pre-qualify businesses and restrict the issue of formal tenders
(to reduce the cost of tendering);
• benefits exist which cannot be obtained by researching the market through conventional
means; and
• maximum flexibility is required throughout the procurement process.
The multiple-stage processes that Council may use are as follows:
• Expression of interest - an expression of interest is generally used to shortlist potential
suppliers before seeking detailed offers. Suppliers are shortlisted on their technical,
managerial and financial capacity, reducing the cost of tendering by restricting the issue of
formal tenders to those suppliers with demonstrated capacity.
• Request for proposal – may be used when a project or requirement has been defined, but
where an innovative or flexible solution is sought.
• Request for Tender - may be used when a project requirement has been defined to solicit
offers from businesses capable of providing a specified work, good or service.
• Request for information – may be used at the planning stage of a project to assist with defining
the project. Council will not issue a request for information to identify or select suppliers.
• Closed tender process – may be used if the initial specification is well defined and an
expression of interest or request for proposal has already been used to shortlist suppliers.
Suppliers will be informed in advance that only those short-listed will be requested to tender.
Council is mindful of the following aspects when conducting a multiple-stage tender process:
• the same mandatory requirements regarding advertising and seeking at least one bid from a
local business, that apply to a public tender process;
• that a short-listed party can not be engaged without going through a more detailed second
(tender) stage process unless approved by an absolute majority of Council; and
• when using a Request for Information, issues relating to intellectual property and copyright
must be clarified prior to using the information provided to prepare the Request for Tender.
2.10.1 Process
The General Manager will invite expressions of interest, and use the list of suppliers who lodge
an application as the basis for inviting potential suppliers to submit tenders and is to advertise
the expressions of interest in accordance with the minimum advertising requirements in Section
2.11.
The General Manager will ensure that prospective tenderers are provided with the following in
order to lodge an expression of interest:
• details of the goods or services required;
• the criteria for evaluating expressions of interest;
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
11
• the method of evaluating expressions of interest against the criteria;
• details of any further stages in the tender process; and
• a reference to the council’s Code for Tenders and Contracts.
The General Manager will then send an invitation to tender to all of the suppliers that expressed
an interest in providing the good or service required unless it has stated specifically in the notice
that the council may limit the suppliers that it will invite to participate.
Provided that the notice requesting expressions of interest states specifically that Council may
limit the suppliers Council will invite to participate and the relevant requirements and
evaluation criteria have been specified in the notice or associated documentation, the General
Manager in determining the suppliers that will be invited to tender may:
• in assessing the technical ability, assess the extent to which an application meets the technical
performance specifications of the procurement; and
• limit the number of businesses that it invites to tender, based on its rating of applications,
provided that the largest number of potential suppliers selected, is consistent with an
efficient tender process.
The General Manager will:
• ensure that the evaluation criteria that is used to make a decision at the first stage of the
process (expression of interest), is consistent with the criteria to be used for the second
(tender) stage; and
• not directly engage a short-listed party without going through a more detailed second (tender)
stage process unless approved by Council.
2.11 Minimum Advertising Requirements
All Tenders are to be advertised by the General Manager advertising at least once in the
Mercury newspaper a notice requesting any interested supplier to submit a tender or an
expression of its interest to supply the good or service required.
The notice is to specify:
• the nature of the goods or services the council requires;
• any identification details allocated to the contract;
• where the tender/expression of interest is to be lodged;
• the Contact Officer from whom more detailed information relating to the tender may be
obtained;
• the period within which the tender/expression of interest is to be lodged.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
12
3. EXEMPTIONS
The Regulations provide that Councils must publicly invite tenders for the purchase of goods and
services with a value in excess of $250 000 excluding GST.
As per the Regulations, Council may not issue a tender where the goods and services sought
relate to:
(a) an emergency if, in the opinion of the General Manager, there is insufficient time to invite
tenders for the goods or services required in that emergency;
(b) a contract for goods or services supplied or provided by, or obtained through, an agency of a
State or of the Commonwealth;
(c) a contract for goods or services supplied or provided by another Council, a single authority,
a joint authority or the Local Government Association of Tasmania;
(d) a contract for goods or services in respect of which the Council is exempted under another
Act from the requirement to invite a tender;
(e) a contract for goods or services that is entered into at public auction;
(f) a contract for insurance entered into through a broker;
(g) a contract arising when the Council is directed to acquire goods or services due to a claim
made under a contract of insurance;
(h) a contract for goods or services if the Council resolves by absolute majority and states the
reasons for the decision, that a satisfactory result would not be achieved by inviting tenders
because of –
(i) extenuating circumstances; or
(ii) remoteness of the locality; or
(iii) the unavailability of competitive or reliable tenderers;
(i) a contract of employment with a person as an employee of the Council.
4. COMPLAINTS PROCESS
In the first instance, complainants are to seek resolution through the Manager in charge of the
relevant purchasing/tender process. If relevant, complainants are encouraged to seek a
debriefing, if they have not already done so.
If a complainant is not satisfied with the response provided by the relevant Council’s manager in
charge of the purchasing/tender process, the complainant is able to write to the General
Manager providing copies of all correspondence and other relevant material. The General
Manager will take whatever action is considered necessary to deal with the complaint.
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
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5. CONTRACT RENEWALS AND EXTENSIONS
5.1 Contract Renewals
In most cases, where the goods or services being delivered under the contract are required on
an ongoing basis, Council will undertake a new procurement process (tender/quotation) prior to
the completion of the existing contract.
5.2 Contract extension
In some circumstances, it may be desirable for Council to extend an existing contract, rather
than seek new tenders or quotations for the delivery of the goods or services.
Contracts will only be extended:
• by Council;
• following a full evaluation of the performance of the current contractor; and
• where the principles of open and effective competition are protected.
As a general rule, Council will not extend contracts if:
• the original contract does not allow an extension;
• since the previous tender, the market has changed substantially; or
• the nature of the goods/services required has substantially changed.
6. CONFIDENTIALITY
Council treats information provided by suppliers as confidential and will not provide this
information to unauthorised persons.
7. COMMON USE CONTRACTS
Where the Department of Treasury and Finance has established whole-of-Government contracts
for the supply of goods or services to agencies and other authorised organisations, Council may
choose to utilise those whole-of-Government contracts.
Robert Higgins
General Manager
COUNCIL POLICY POLICY NUMBER
CODE OF PUBLIC TENDERING C 002
RESPONSIBLE
OFFICER APPROVAL DATE REVIEW DUE
General Manager July 2011 March 2018
14
Policy Approved – July 2011
Policy reviewed – September 2014, January 2015 & March 2016
Policy to be reviewed – March 2018
Disclaimer
That this policy be read in conjunction with any or all other Council and/or Management Policies.