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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
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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 3

Appendix C – Tasman Council Code of Tendering. 23

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.

Bridge Works Contract 01/2017-2018 Page 7

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.

Bridge Works Contract 01/2017-2018 Page 8

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.

Bridge Works Contract 01/2017-2018 Page 9

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.

Bridge Works Contract 01/2017-2018 Page 10

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.

Bridge Works Contract 01/2017-2018 Page 12

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.

Bridge Works Contract 01/2017-2018 Page 13

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.

Bridge Works Contract 01/2017-2018 Page 22

Appendix B – Location Plan

map

© COPYRIGHT AND DISCLAIMER . Map data is compiled from a variety of sources and hence its accuracy is variable. If you wish to make decisions based on this data you should consult with the relevant authorities. Apart from any use permitted under the Copyright Act 1968, no part of the report may be copied without the permission of the General Manager, Land Tasmania, Department of Primary Industries, Parks, Water and Environment, GPO Box 44 Hobart 7001.

www.thelist.tas.gov.au

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Generated at: 15:09 on 6-July-2017 User: Public 1Page: 1 of

www.thelist.tas.gov.au

Bridge Works Contract 01/2017-2018 Page 23

Appendix C – Tasman Council Code of Tendering.

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.

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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.

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• 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

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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

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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.

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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

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• 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.

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RESPONSIBLE

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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.

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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:

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• 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;

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• 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.

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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

General Manager July 2011 March 2018

13

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.


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