Registration of Interest (ROI) - Pacific Tenders · 5/11/2020 · 1.1.4 No pricing information 9...

[UNCLASSIFIED]

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DOC-4061682 [UNCLASSIFIED]

Registration of Interest (ROI)

Solomon Islands Provincial Airfield Upgrades

Release date: 11 / May / 2020

Closing date: 12 / June / 2020

Date: 07/05/2020 Version: Revision F ACT-0100295 WPG-0101308

[UNCLASSIFIED] Page 2 of 49


Document information

VERSION DATE DESCRIPTION OF CHANGES AUTHOR

A 29 June 2018 Draft for Approval C.L.Ridgley (AECOM)

B 9 November 2018

Revised Draft addressing MFAT comments

C.L Ridgely + R. Powell (AECOM)

C 20 February 2020

Revised Draft addressing MFAT comments

C.L Ridgely + P. van Vreden (AECOM)

D 26 February 2020

Revised Draft addressing MFAT dates and comments


E 9 April 2020 Revised Draft addressing MFAT dates and comments


F 7 May 2020 Revised Draft addressing MFAT dates and comments


Version F released to public on 11 May 2020



Table of contents

– Registration of Interest 6

1.1 General Information 6

1.1.1 Description 6

1.1.2 Scope 7

1.1.2.1 Material Sourcing 7

1.1.2.2 Airside Pavement Reconstruction Works 7

1.1.2.3 Terminal Buildings 8

1.1.2.4 Airfield Ground Lighting (AGL) 8

1.1.2.5 AGL Commissioning 9

1.1.3 Purpose 9

1.1.4 No pricing information 9

1.1.5 Preconditions 9

1.1.6 Covid-19 9

1.1.7 Contact person 10

1.1.8 Sending us your ROI 10

1.1.9 Our timeline 10

1.2 Evaluations 11

1.2.1 How will your registration will be evaluated? 11

– Civil Works Contractor Response template 13

2.1 Civil Works Contractor Profile 13

2.2 Pre-conditions 14

2.2.1 Pre-conditions criteria 14

2.3 Response to the ROI 15

2.3.1 Capability 15

2.3.2 Capacity 19

2.4 Due Diligence 21

2.5 Conflict of Interest 23

2.6 Civil Works Contractor’s Declaration 24

2.6.1 Declaration 27



2.7 Civil Works Contractor’s Checklist 28

Appendix 1: Additional information and requirements 29

2.7.1 Contractual arrangement is NZS 3910:2013. 29

2.7.2 Contract Duration 29

2.7.3 Civil Works 29

2.7.3.1 Scope 29

2.7.3.2 Attributes of the solution 30

2.7.3.3 Deliverables 31

2.7.3.4 Attributes of Civil Works Contractor Capability 31

2.7.3.5 Attributes of Civil Works Capacity 32

2.7.4 AGL Works 32

2.7.4.1 Scope 32


2.7.4.3 Attributes of AGL Works subcontractor Capability 35

2.7.4.4 Attributes of AGL Works subcontractor Capacity 36

2.7.5 Terminal Works 36

2.7.5.1 Scope 36


2.7.5.3 Attributes of Terminal Works subcontractor Capability 38

2.7.5.4 Attributes of Terminal Works subcontractor Capacity 39

2.7.6 Other Attributes 39

2.7.7 UXO considerations and other Contractors on Site 40

2.7.8 Management Plans 40

Appendix 2: ROI Rules 41

2.8 ROI Rules 41

2.8.1 Preparing a registration 41

2.8.2 Clarification period 41

2.8.3 Joint ROI registration 41

2.8.4 Submitting a response 42



2.8.5 Late registrations 42

2.8.6 Evaluation 42

2.8.7 Clarification 43

2.8.8 Collection of further information 43

2.8.9 Highest ranked Civil Works Contractors 43

2.8.10 Civil Works Contractor debrief 44

Appendix 3: ROI Standard Conditions 45

3.1 ROI Standard Conditions 45

3.1.1 Ministry’s Terms 45

3.1.2 Civil Works Contractor’s obligations 45

3.1.3 Reliance on the registration 45

3.1.4 Our timeline 45

3.1.5 Contact person 46

3.1.6 Conflict of Interest 46

3.1.7 Ethics 46

3.1.8 Anti-collusion / bid rigging 47

3.1.9 Confidentiality 47

3.1.10 Registration costs 47

3.1.11 Ownership of documents 48

3.1.12 No binding legal relations 48

3.1.13 Status of ROI 48

3.1.14 Ministry’s rights 48

3.1.15 Public statements 49

3.1.16 New Zealand law 49

3.1.17 Disclaimer 49



– Registration of Interest

1.1 General Information 1.1.1 Description

The Ministry of Foreign Affairs and Trade (MFAT) is inviting Registrations of Interest from suitably qualified and experienced Civil Contractors for pavement reconstruction and surfacing works, terminal buildings, and airfield ground lighting (AGL) works at selected regional airfield (or airport) locations in the Solomon Islands.

The regional airports planned for pavement, AGL and terminal works are;

i. Seghe Airfield, New Georgia, Western Province

ii. Choiseul Bay Airfield, Taro Island, Choiseul Province

iii. Nusatupe Airfield, Gizo, Western Province (AGL Only)

Each of the first two nominated airfields have unsealed runways, taxiways and aircraft parking areas and suffer from reduced operational reliability and availability during wet weather which disrupts passenger services to these locations. In addition there is no terminal building for basic shelter and processing at Seghe Airfield.

Design works are complete for each of the airfields listed.

The funding priority is being assigned to Seghe and Choiseul Bay airfields for pavement works, with AGL and terminal works pending on the available funding. Anticipated construction period is late Q4 2020 to Q1 2022, pending intergovernmental approvals.

The works are taking place on very small islands in close proximity to the local communities.

At both Seghe and Choiseul airfields;

• The local community dwellings and gardens adjoin the airfields. The majority of islanders live a subsistence lifestyle. Therefore the airfield work will have a significant impact on the local community during construction and following completion of works.

• There is suitable commercial accommodation available at Seghe, which needs to be booked well in advance and will be highly unlikely to accommodate the entire work force. Standalone arrangements need to be planned for. There are limited accommodation options on Taro Island, the Contractor has to be able to supply and be self-sufficient for accommodation accordingly. There is suitable commercial accommodation in Gizo, a 10 minute boat trip from Nusatupe airfield.

• Medical facilities are remote from the construction locations and rudimentary in capabilities. It is expected that the contractor will prepare their health and safety plan with this in mind.



• The Contractor will have to be self-sufficient and will need to provide the following basic services and amenities:

o Power (for the construction activities and living arrangements) o Fuel (for plant and power generators) o Construction equipment o Water (potable and for construction) o Food

• Both locations have limited wharf facilities that could be used for landing equipment and materials. However, it will be up to the successful contractor to familiarise themselves with each site and suitable methods of landing equipment and materials.

• Local labour contracts are expected to be actioned at both works locations.

1.1.2 Scope

1.1.2.1 Material Sourcing

For both the Seghe and Choiseul airfields construction works, aggregates will need to be barged to site for the runway construction works programmes (there are no suitable local material supply options). The Principal has identified a suitable coral aggregate supply from the Rarumana Quarry located on Vonavona Island, 23km south east of Gizo. This is the only suitable material source from a currently operating quarry in the western region. The client is working with the Solomon Islands Government and the quarry operator to secure the aggregate supply. The Works Contractor will need to make appropriate commercial arrangements with the quarry operator for extraction, crushing, grading and related processing and sea barge delivery to the airfield sites.

Surfacing spray seal aggregates are to be sourced from commercial operations in Honiara and transported to the works sites by the Contractor.

1.1.2.2 Airside Pavement Reconstruction Works

Both Seghe and Choiseul Bay airfields currently have unsealed runways, taxiways and aircraft parking areas and suffer from reduced operational reliability and availability during wet weather.

Airfield reconstruction works will include reprofiling and construction of a new basecourse formation for the runways, construction of new linking taxiways and the formation of new or improvements to existing parking apron areas followed by bituminous surfacing works and paint markings. Drainage improvement works will also be required at Seghe

Throughout the reconstruction phase, works have to be staged to maintain operability by the Solomon Air DHC 6 Twin Otter aircraft for as long as practically possible. Closure of the airfield for runway reconstruction is to be actively minimised.

Seghe also includes construction of sand filled geotextile bags to replace existing coastal edge rock rip rap formations.



Choiseul Bay airfield requires runway extension and minor foreshore reclamation works across the existing shallow lagoon beach areas at each runway end and includes construction of sand filled geotextile perimeter walls. Strip end area filling aggregate will need to be source from the Rarumana Quarry and barged to the site for this work.

The above works require experienced civil construction companies with maritime, quarrying, seawall and runway reconstruction experience.

1.1.2.3 Terminal Buildings

Seghe does not currently have a terminal building that is fit for purpose. It is the intention of this contract that a basic terminal building be delivered on a design-build basis. The contractor will be provided with concept drawings and functional specifications upon which to base their design. It is assumed that in order to meet the relevant NZS Codes, the building would be a flat-pack type solution that could be imported and erected with relative ease.

Refurbishment of the current Choiseul Bay airfield terminal building is required. Minor additions to the building are required as the existing terminal does not have a covered walkway or suitable undercover public areas. Improvement of the basic services, toilet facilities and repainting are also required.

1.1.2.4 Airfield Ground Lighting (AGL)

A complete new AGL installation is required to allow each of the regional airports to be suitable for all weather usage.

AGL systems will be based on standalone solar - battery pack radio linked LED lighting units meeting as a minimum requirement ICAO Low Intensity lighting levels suitable for domestic passenger turboprop aircraft operations.

This includes the following:

1) Runway, Taxiway and Apron low intensity AGL System.

2) 4 box Precision Approach Path Indicators (PAPI) Systems on both runway ends.

3) Solar powered obstruction lighting units.

4) Illuminated Wind Director Indicators (IWDI) at both runway ends and at the Apron – taxiway junction where specified.

5) Aerodrome Beacon assembly.

6) Master control facility incorporated into existing or new terminal facilities or in a ½ length shipping container.

7) Operations and Maintenance manuals and spare parts provision.

8) Operational training.



1.1.2.5 AGL Commissioning

In addition to the usual commissioning requirements for AGL installations, there will be a requirement for an aircraft test flight for calibration and certification purposes.

It is expected that the Contractor co-ordinate and fund the calibration test flight. If the works do not pass the test flight, it is expected that the contractor will conduct remedial works and arrange for a further calibration flight to certify the AGL installation prior to issuance of a practical completion certificate.

The Contractor will be responsible for the issuance of the required technical certification documentation to The Civil Aviation Authority of Solomon Islands (CAASI) to allow government approvals of the airfield for enhanced domestic turboprop operations.

Flight procedures are developed by others and will be made available. These are to be used for the calibration flights.

1.1.3 Purpose

MFAT is seeking information from Civil Works Contractors interested in, and capable of, delivering our requirements.

MFAT will evaluate the information provided in Civil Works Contractor’s registrations to identify a shortlist of suitably experienced Contractors to participate in a subsequent closed Tender Process. The Tender would have a terminal building design component, allowing the Tenderer to outline their preferred or proposed solution and associated bid.

1.1.4 No pricing information

Civil Works Contractors should note that pricing is not a component of this ROI process and that pricing information must not be included or be able to be inferred from the ROI.

1.1.5 Preconditions

The following preconditions apply:

1. To be considered for this contract, Civil Works Contractors must satisfy the preconditions in Section 2 (including the conditions and requirements outlined in Appendix 1).

2. Those Civil Works Contractors who are not able to meet these pre-conditions should conclude that they are unable to meet MFAT’s requirements and will not benefit from submitting an ROI.

1.1.6 Covid-19

Funding appropriation for the airfields may change during or after the ROI process, due to the currently developing global pandemic. Contractors should be aware that the procurement process and the contract will be influenced by the effects of Covid-19, including but not limited to:



1. Restrictions to international travel. Invited tenderers may be required to prepare their tenders without travel to the site(s), and may need to rely on in-country agents or previous in-country experience at the Request For Tender (RFT) stage.

2. As part of the economic response to the Covid-19 pandemic, there will be a strong focus on the engagement of local labour during construction where possible, to stimulate the local economy. Contractors who can demonstrate a willingness to engage local labour and sub-contractors will be advantaged at the RFT stage, as this will form part of the evaluation criteria.

1.1.7 Contact person

Please direct all enquiries to AECOM New Zealand who is managing the procurement on behalf of MFAT. You must not attempt to gain information regarding this project from any member of MFAT or AECOM New Zealand staff or from the Solomon Islands Government.

DESCRIPTION DETAILS

Name of contact Pieter van Vreden

Email address [email protected]

Reference Start subject of email with this ROI document number:

[DOC-4061682]

1.1.8 Sending us your ROI

1. Civil Works Contractors must complete their registration in Section 2 – Civil Works Contractor registration template.

2. Civil Works Contractors must submit their ROI by email to the above contact person no later than the Deadline for ROI (Closing Date) listed in Section 1.1.8.

1.1.9 Our timeline

The following information sets out our process and indicative timeline.

DESCRIPTION DATE DETAILS

ROI release date on GETS and Pacific Tenders

11/05/2020

Deadline for Civil Works Contractor’s questions (Clarification Period)

29/05/2020 2:00pm

Deadline for MFAT to answer questions 05/06/2020 2:00pm

Deadline for ROI (Closing Date) 12/06/2020 2:00pm

Shortlisted Civil Works Contractors selected (and unsuccessful Civil Works Contractors notified)

26/06/2020 2:00pm

Note: All times are New Zealand time. We reserve the right to alter the timeline if required.



1.2 Evaluations 1.2.1 How will your registration will be evaluated?

If in MFAT’s assessment an ROI does not meet a pre-condition it will be excluded from further evaluation.

Those Civil Works Contractors who meet all pre-conditions will have their ROI evaluated.

Preconditions

1. Commercial or operational capacity or capability to deliver: minimum annual turnover in excess of NZD$30 million.

2. Commercial or operational capacity or capability to deliver: can meet indicated project bond and insurance requirements.

3. Appropriate technical skills, expertise and relevant experience: has delivered at least one Pacific based quarrying and airfield pavement reconstruction works projects of similar or larger size.

4. Appropriate technical skills, expertise and relevant experience: has delivered at least one airfield AGL and installation projects of similar or larger size. Has regionally-based technical support and equipment spare parts for supplied systems.

Evaluation criteria and weightings

A weighted attribute evaluation model will be used to evaluate the criteria and determine scores for each registration. Following this, a value narrative method will be used to compare scores and decide which ROI submissions are shortlisted.

NO. SELECTION CRITERIA WEIGHTING (%)

1 Health and Safety The respondent must demonstrate a clear focus on Health and Safety at an organisational level by providing details of Health and Safety Management systems/policies, and accreditation held together with a track record (e.g. Total Recordable/Lost time injury rates and significant incidents) over the last three years (including any enforcement actions by Regulators or serious injuries).

PASS / FAIL

2 Civil Works Capability

The respondent exhibits relevant experience/track record of civil works runway/pavement construction in delivery of airside runway pavement works.

15



NO. SELECTION CRITERIA WEIGHTING (%)

The respondent exhibits experience of working in remote locations particularly Pacific Island countries

15

Suitable quarrying and related logistics capability in remote locations (including onsite materials testing) is exhibited.

15

The respondent has managing office capability located in New Zealand, Australia, or a Pacific Island Country.

10

3 AGL Works

Subcontract Management

Experience of appointing and working with nominated subcontractors on large projects is evidenced.

5

Detail is provided of how subcontractors are managed to secure/guarantee availability and provision of spare parts held within the region.

5

Detail is provided of how subcontractors are managed to secure/guarantee supply of technical support staff within the region

5

4 Terminal Building Works

Details of design-build commercial building structural works at remote locations.

5

5 Capacity to Deliver the Works to the indicated Program

Respondent evidences sufficient resources to deliver the works

15

Respondent outlines how relationship management is set up and conducted including specific focus around local community engagement.

10

TOTAL 100%



– Civil Works Contractor Response template

2.1 Civil Works Contractor Profile CIVIL WORKS CONTRACTOR ’S CONTACT PERSON FOR THIS ROI

Name of contact:

Position:

Phone number:

Mobile number:

Email address:

Fax number:

CIVIL WORKS CONTRACTOR ’S ORGANISATIONAL PROFILE

Full legal name:

Trading name: (if different) if applicable

Name of parent company: if applicable

Physical address: for company insert registered office

Postal address:

Company website:

Location of head office:

Type of entity (legal status): sole trader / partnership / limited liability company / other specify

Company registration no: if applicable, registered number for a company, ABN or NZ Business number

Country of residence: insert country where organisation is resident for tax purposes

GST registration number: NZ GST number / if overseas please state

JOINT VENTURE OR CONSORTIUM (LEAVE BLANK IF NOT APPLICABLE)

Type of arrangement: Insert here whether this is a joint venture or consortium

Civil Works Contractor names: List here the other Civil Works Contractors involved in the joint venture or consortium

Details of the arrangement Detail here a brief history of the arrangement including dates formed



2.2 Pre-conditions

In preparing your registration you are required to address each of our pre-conditions.

Civil Works Contractors who do not satisfactorily meet all of the pre-conditions will have their ROI excluded from further evaluation.

MFAT reserves the right to assess registrations against pre-conditions and decide whether or not pre-conditions have been met. Pre-conditions are pass/fail. Other parts of the registration may inform our decision as to whether a pre-condition has been met.

Civil Works Contractors who do not meet all pre-conditions should conclude that they are unable to meet MFAT’s requirements and will not benefit from submitting an ROI.

2.2.1 Pre-conditions criteria

Commercial or operational capacity or capability to deliver: minimum annual turnover in excess of NZD$30 million.

Commercial or operational capacity or capability to deliver: can meet indicated project bond and insurance requirements.

Appropriate technical skills, expertise and relevant experience: has delivered at least one Pacific based quarrying and airfield pavement reconstruction works project of similar or larger size.

Appropriate technical skills, expertise and relevant experience: has delivered at least one airfield AGL and installation project of similar or larger size and has regionally based technical support and regional availability of equipment spare parts for supplied systems.



2.3 Response to the ROI 2.3.1 Capability

MFAT is seeking a Civil Works Contractor with sufficient capability (skills and competence) to deliver a fit for purpose solution.

Capability is evidenced by the qualifications, relevant experience and track record of the Civil Works Contractor (and their nominated personnel) and the Civil Works Contractors understanding of the requirement and proposed solution.

1. Provide an overview of the Civil Works Contractor’s organisation including: a) Ownership / management structure b) Number of employees c) Site location and geographical spread d) Main and secondary areas of business e) Years of operation and history of the organisation

2. Provide an overview of the Civil Works Contractors experience over the last ten years

with supplying goods/services comparable to the requirement in this ROI: a) Customer names b) Dates and locations c) A description of the engagement

3. Provide a brief case study (maximum 500 words) for one of the engagements above

for experience in the setup, materials production and remediation of a remote quarry site in the Pacific. The case study must include: a) Customer name b) Dates and location c) A description of the engagement d) A description of the outcome e) Any issues encountered and how these were resolved f) Lessons learned g) Added value provided




for experience with runway reconstruction works program in a remote location, preferably within the Pacific. The case study must include: a) Customer name b) Dates and location c) A description of the engagement d) A description of the outcome e) Any issues encountered and how these were resolved f) Lessons learned g) Added value provided


in the context of major civil infrastructure works, outlining the examples of interaction with Pacific Island cultures including the use of local labour The case study must include: a) Customer name b) Dates and location c) A description of the engagement d) A description of the outcome e) Any issues encountered and how these were resolved f) Lessons learned g) Added value provided


for Airfield AGL installations within the Pacific. The AGL installation can have been undertaken by a subcontractor. However, the case study must demonstrate how that subcontractor was managed by the main contractor. The case study must outline



details of the AGL systems calibration and commissioning and how the systems was successfully bought into reliable operation. The case study must include: a) Customer name b) Dates and location c) A description of the engagement d) A description of the outcome e) Any issues encountered and how these were resolved f) Lessons learned g) Added value provided

7. Attributes of AGL Works subcontractor capability

The Contractor is to detail the Experience and Track record held by the company / subcontractor and by the nominated personnel relative to the project works;

8. Attributes of AGL Works subcontractor capacity

a) Capacity and management capability to coordinate equipment manufacture, FAT testing and then work across multiple installation work sites; demonstrate the ability to manage and coordinate across three works site with SAT and related calibration flight services.

b) Availability requirements; Confirm AGL subcontractor’s availability during the anticipated contract period of Q4 2020 to Q1 2022

c) Contingency requirements; The Contractor is to provide details on contingency capabilities to accelerate the installation works if so required.

9. Outline experience with UXO clearance works and or working in coordination with

UXO activities.




for experience in construction of coastal seawall works, ideally for airport related works in the Pacific. The case study must include: a) Customer name b) Dates and location c) A description of the engagement d) A description of the outcome e) Any issues encountered and how these were resolved f) Lessons learned g) Added value provided

11. Provide a brief case study (maximum 500 words) for one of the engagements above for experience in the design build of small scale commercial building, ideally in the Pacific. The case study must include: a) Customer name b) Dates and location c) A description of the engagement d) A description of the outcome e) Any issues encountered and how these were resolved f) Lessons learned g) Added value provided

12. List the Named Personnel by Specific Role and append a curriculum vitae for each

that includes: a) Full name b) Qualifications c) An overview of employment history for the last five years including:



• employers • dates employed • roles and responsibilities

d) An overview of experience in the last five years supplying similar goods, services or works

2.3.2 Capacity

MFAT is seeking a Civil Works Contractor with sufficient capacity to deliver a fit for purpose solution. Capacity is evidenced by the sufficiency and availability of capable resources when and where required including contingency resources.

1. Confirm that you are able to meet the following minimum capacity requirements: a) 68-week Solomon Islands based quarrying, aggregate processing and airfield

pavement construction program combined with terminal building design-build, AGL procurement, manufacturing, shipping to site and installation time frame.

If unable to confirm, state ‘Not confirmed’ and provide an explanation.

2. Detail the indicative number of staff that you intend to utilise to deliver the required

goods, services or works including for each role: a) A description of the role b) Whether the role is to be filled by an employee or sub-contractor c) The minimum standard of qualification, registration and experience required

3. Confirm (state ‘Confirmed’) that named personnel will be available to commence the

supply of services from the intended start date: December 2020.




4. Confirm that the named personnel will be available on a full-time basis throughout

the intended term of the engagement.

5. Outline a plan for ensuring that you are able to provide sufficient capacity throughout

the intended term of the engagement including: a) Resources (Personnel, Plant and Equipment) available b) Any recruitment you will need to undertake, the risks this may present and how

these will be managed c) Resource scalability d) Resource contingency planning

6. Detail any resource constraints and any actual/potential circumstances which may

affect your capacity to deliver to the requirement (e.g. other engagements/contracts, manufacturing time frames for specialist equipment).

7. Detail all sub-contracting arrangements to be used in order to supply the services and

deliverables.



2.4 Due Diligence

MFAT may undertake checks to assess the risk of entering into a contract with a Civil Works Contractor. A registration may be excluded from further evaluation, or from shortlisting, at any time that MFAT determines that entering into a Contract with the Civil Works Contractor would result in significant risk to MFAT.

Confirm (state ‘Confirmed’) that there are no events, matters or circumstances, actual, contemplated or threatened, that have or may affect the operation of the Civil Works Contractor, its parent or other associated parties (as set out in Section Civil Works Contractor ’s Declaration) or its ability to successfully perform the Contract including:

• actions of insolvency proceedings, bankruptcy, administration (voluntary or otherwise), statutory management, compulsory winding up, receivership or similar

• legal proceedings, investigation or the threat of investigation by any regulatory or investigative authority such as the Commerce Commission, Serious Fraud Office or the Financial Markets Authority

• structural/ownership changes (e.g. merger, sale, restructure)

• disputes (e.g. union dispute, legal dispute, court action)

• legal proceedings, investigation or the threat of investigation by any regulatory or investigative authority such as the Commerce Commission, Serious Fraud Office or the Financial Markets Authority

• being declared a threat to national security or the confidentiality of sensitive government information

• being designated as a terrorist by New Zealand Police.


Confirm (state ‘Confirmed’) that neither the Civil Works Contractor, its parent, other associated parties (as set out in the Civil Works Contractor’s Declaration), nor any previous related company or entity of which the Civil Works Contractor is a phoenix company as defined in the Companies Act 1993, is in dispute with MFAT or has any claim made against it by MFAT.




Confirm (state ‘Confirmed’) that no director, principal or nominated personnel of the Civil Works Contractor:

• is the subject of any legal proceedings, investigation or the threat of investigation by any regulatory or investigative authority such as the Commerce Commission, Serious Fraud Office or the Financial Markets Authority

• has been convicted of a criminal offence related to business or professional conduct

• has been declared to be bankrupt, in receivership or liquidation

• has made a false declaration

• has had a serious performance issue in relation to a previous contract

• has been convicted of professional misconduct or any serious crime or offence (or has any pending)

• has performed an act or omission which has adversely reflected on the commercial integrity of the Civil Works Contractor

• has failed to pay taxes, duties or other levies

• has been declared a threat to national security or the confidentiality of sensitive government information

• is not a person or organisation designated as a terrorist by New Zealand Police




2.5 Conflict of Interest

Confirm (state ‘confirmed’) that the Civil Works Contractor, having made reasonable enquiries, is not aware of any actual, potential or perceived Conflicts of Interest that may arise between MFAT and the Civil Works Contractor. If unable to confirm, state ‘not confirmed’ and provide an explanation or description of any Conflicts of Interest and how you propose to manage them.

Confirm (state ‘confirmed’) that the Civil Works Contractor, having made reasonable enquiries, is not aware of any MFAT personnel having any interest in, or association with, the Civil Works Contractor that may give rise to any perceived, potential or actual Conflicts of Interest. If unable to confirm, state ‘not confirmed’ and provide an explanation or description of any Conflicts of Interest.



2.6 Civil Works Contractor’s Declaration

The Civil Works Contractor is required to complete the following declaration.

TOPIC REQUIREMENT DECLARATION

ROI response:

The Civil Works Contractor has prepared this Registration of Interest:

independently to supply the goods, services or works.

OR jointly with [insert name of respondent #2]

OR in consortium with [insert names of consortium]

[Yes/No]

ROI Standard Conditions:

The Civil Works Contractor has read and fully understands this ROI, and the ROI Standard Conditions, and agrees to be bound by them.

[Yes/No]

Collection of further information:

The Civil Works Contractor authorises MFAT to:

• collect any information about the Civil Works Contractor, except commercially sensitive pricing information, from any relevant third party, including a referee, or previous or existing client

• to use such information in the evaluation of the Proposal.

The Civil Works Contractor agrees that all such information will be confidential to MFAT.

[Yes/No]

Our requirements:

The Civil Works Contractor has read and fully understands the nature and extent of Our requirements as described in this ROI. The Civil Works Contractor has the necessary capacity and capability to fully meet or exceed Our requirements and will be available to deliver throughout the relevant contract period.

[Yes/No]




Ethics: The Civil Works Contractor warrants that in submitting this proposal it has not:

• entered into any improper, illegal, collusive or anti-competitive arrangements with any competitor

• directly or indirectly, approached any representative of MFAT to lobby or solicit information in relation to the ROI (other than MFAT’s nominated Contact Person)

• has not attempted to influence, or provide any form of personal inducement, reward or benefit to any representative of MFAT.

[Yes/No]




Ineligibility for procurement participation

Any individual or organisation (including, as MFAT deems relevant, an organisation’s named personnel, directors or equivalent) which:

(a) is designated as a terrorist by the New Zealand Police (see: http://www.police.govt.nz/service/counterterrorism/designated-terrorists.html);

(b) is a threat to national security or the confidentiality of sensitive government information;

(c) has made a false declaration; (d) has had a serious performance issue under a

previous MFAT contract; (e) has failed to pay taxes, duties or other levies; (f) has been found guilty of professional misconduct; (g) is listed as an ineligible firm or individual by the

World Bank (see https://projects.worldbank.org/en/projects-operations/procurement/debarred-firms#);

(h) adversely reflects on the commercial integrity of MFAT;

(i) is declared bankrupt or insolvent, has an administrator, receiver, liquidator, statutory manager, mortgagee's or chargee's agent appointed or otherwise becomes subject to any form of external administration; or

(j) has been convicted of a serious crime or offence (including theft, conspiracy, bribery, corruption, misappropriation, falsification of documents, non-authorised release of information, collusion and influencing decisions that will result in a personal benefit).

http://www.police.govt.nz/service/counterterrorism/designated-terrorists.html

http://www.police.govt.nz/service/counterterrorism/designated-terrorists.html

https://projects.worldbank.org/en/projects-operations/procurement/debarred-firms

https://projects.worldbank.org/en/projects-operations/procurement/debarred-firms




Declaration:

The Civil Works Contractor declares that in preparing this registration it:

• has provided complete and accurate information in all parts of the proposal, in all material respects

• has secured all appropriate authorisations to submit this proposal and is not aware of any impediments to its ability to enter into a formal contract to deliver the requirements.

• is not identified on the NZ Police Designated Terrorist List nor the ‘World Bank List’ for World Bank's fraud and corruption index, nor is it ineligible for this procurement.

The Civil Works Contractor understands that should it be successful in being awarded a contract with MFAT then the falsification of information, supplying misleading information or the suppression of material information in relation to this ROI will be grounds for termination of the contract.

[Yes/No]

2.6.1 Declaration

This registration has been approved, and is signed by, a representative of the Civil Works Contractor who has the authority to do so. This representative is named below.

This representative declares that the particulars provided above and in the attached registration documents are accurate, true and correct.

Signature:

Full name:

Title / position:

Date:



2.7 Civil Works Contractor’s Checklist

Make sure you include everything that is asked for in this request for ROI. Use this check list when finalising your Proposal.

SECTION LIST ELECTRONIC COPY INCLUDED?

Section 2

1. Civil Works Contractor Profile

√

2. Pre-Conditions √

3. Response to ROI √

4. Due Diligence √

5. Conflict of Interest √

6. Civil Works Contractors Declaration

√



Appendix 1: Additional information and requirements

The Solomon Islands Provincial Airfield Upgrades are a Civil Works Contract for major airfield pavement reconstruction works within live operational airports with an AGL turnkey supply and installation requirement and building works components.

2.7.1 Contractual arrangement is NZS 3910:2013.

With MFAT and Solomon Islands special conditions and modifications

2.7.2 Contract Duration

The anticipated contract duration is 68 weeks, with a target Practical Completion date of March 2022.

Defects maintenance (liability) period will be:

1. Civil Works: 24 months (2 years) from the date of practical completion.

2. AGL Works: 60 months (5 years) from the date of practical completion.

3. Terminal Works: 12 months (1 year) from the date of practical completion.

2.7.3 Civil Works

2.7.3.1 Scope

Quarrying

The Principal has identified a suitable actively operated coral aggregate supply from the Rarumana Quarry located on Vonavona Island 23km south east of Gizo. The Principal is currently negotiating a supply agreement for the project with the quarry operator. The Works Contractor will need to make appropriate commercial arrangements with the quarry operator for extraction, crushing, grading and related processing and sea barge delivery to the airfield sites. The Works Contractor will need to establish supporting facilities at the quarry site and actively monitor aggregate production and processing and implement aggregate sampling, testing and related to confirm specification compliance prior to shipment to site.

The aggregate supply source will be used for the supply of:

1. Basecourse and sub base course crushed aggregates 2. Strip fill material (land-based limestone or similar) 3. Graded sand

The identified site is still subject to final confirmation for supply by the Principal.

Surfacing Aggregates Surfacing spray seal aggregates are to be sourced from commercial operations in Honiara and transported to the works sites by the Contractor.



Airfield Works

The civil works comprises overlapping work scopes which includes the following:

1. Coordination of materials supply to provide fill material and pavement construction aggregates.

2. Source and supply surfacing aggregates from commercial suppliers.

3. Compliance with and actively managing and updating the Method of Work Plan (MOWP).

4. Foreshore protection and runway strip extension works.

5. Runway end area filling works.

6. Runway strip drainage works.

7. Construction of new pavements in extended runway strip areas, reconstruction of existing runway formations to improve cross fall drainage and improve structural strength for heavier aircraft types.

8. Construction of new taxiway and aircraft parking apron formations.

9. Bituminous surfacings.

10. New paint markings.

11. Clearance of surrounding vegetation for Obstacle Limitation Surface (OLS) compliance.

2.7.3.2 Attributes of the solution

Functional requirements

All Airports are located in a high humidity, high rainfall and salt-laden coastal environment in semi-remote locations with limited logistical support. The combined effects of the above site conditions are an important consideration in the materials selection, construction methodologies and works programming.

Technical requirements

The Solomon Islands Government has adopted New Zealand based Civil Aviation Rules and related requirements. All civil works are to be compliant with related New Zealand CAA Advisory Circulars and referenced ICAO and US FAA Advisory Circular technical requirements.

The Contractor will comply with the relevant requirements of the following documents:

NZ CAA Advisory Circulars

AC139-5 – Rev 2 Operational safety during works on aerodromes



AC139-6 – Rev 5 - Aerodrome Design Requirements All Aeroplanes conducting Air Transport Operations All aeroplanes above 5700 kg MCTOW

AC139-10 – Rev 1 - Control of obstacles

ICAO Standards/Reference

ICAO – Annex 14, Aerodromes Part 1 (ICAO Annex 14).

ICAO – Aerodromes Volume I – Aerodrome Design and Operations. 5th edition, 2009

FAA Advisory Circular Design References

FAA – Advisory Circular AC 150/5370-10H, Standards for Specifying Construction of Airports.

Other Technical References

Draft Australian Airports Association (AAA) Spray seal guidelines

Services to be provided

Fully integrated civil works delivery for the required airfield upgrading program.

Service standards

Construction specifications will be based on NZS and related materials testing (AS / NZS / ASTM) and compliance requirements and related industry standards for airport construction works (US FAA and similar).

The Contractor has to be able to deliver the works in accordance with a fully coordinated Quality Assurance and Quality Checking (QA/QC) program.

2.7.3.3 Deliverables

Deliverables shall be considered to be physical works including the QA/QC, Co-ordination with operational staff and planning of works including active management of the MOWP.

Quarry Deliverables include the monitoring of the aggregate production process and providing independent QA/QC before product acceptance and shipment to site.

2.7.3.4 Attributes of Civil Works Contractor Capability

Experience and track record

The Contractor is to detail the Experience and Track record held by the Company and by the nominated personnel relative to the project works as relates to:



1. Runway reconstruction works.

2. Working within live operational airports environment.

3. Civil works in remote Pacific locations and interaction with Pacific cultures.

4. Quarry and materials processing in remote locations.

5. Marine seawall construction using geobags or similar

6. Experience with sea barging and related transportation in island locations.

7. Experience with the provision of fully self-contained materials testing facilities on site for quarrying, civil works and bituminous surfacing works.

Qualifications

The Contractor is to detail the Qualifications held by the Company and by the nominated personnel relative to the project works.

This is to include materials testing certification also.

2.7.3.5 Attributes of Civil Works Capacity

The Contractor shall outline available capacity for the following:

1. Capacity and management capability to work across multiple work sites.

2. Demonstrate the ability to manage and coordinate a quarry site operation and two runway reconstruction sites.

3. Availability requirements; Confirm availability for the anticipated contract period of December 2020 to March 2022.

4. Contingency requirements: The Contractor is to provide details on contingency capabilities to accelerate the installation works if so required.

2.7.4 AGL Works

2.7.4.1 Scope

New AGL installations are provisionally required to allow Seghe, Choiseul Bay and Nusatupe airfields, to be certified for all weather domestic passenger aircraft operations. AGL works are to be coordinated with the civil works program and include OLS clearance works on approach and or departure flight paths.

This includes the following:

1. Runway, Taxiway and Apron AGL System with adjustable low intensity lighting units.

2. Precision Approach Path Indicators (PAPI) Systems on both runway ends. The Contractor is to provide a full 3-dimensional positioning design for the PAPI installation. Design aircraft for the PAPIs will be the Dash 8-200 or ATR42-500 whichever is the more demanding design wise.



3. Solar powered obstruction lighting units where specified.

4. Apron area flood lighting masts with LED luminaries, solar panels and back up battery pack.

5. An Airfield Electrical Equipment Room (AEER) housed in a ½ length standard 20-foot shipping container.

6. An Aerodrome Beacon assembly mounted on the AEER / existing terminal building.

7. PAALC - Pilot Actuated Airport Lighting Control (PAALC).

8. Preference will be given to a fully integrated radio linked standalone solar – battery pack ICAO / FAA certified LED AGL system.

9. Operations and Maintenance manuals and spare parts provision.

10. Operational training.

The Scope would necessitate and include the following process:

1. AGL System design and submittals for approval.

2. AGL manufacturing and related.

3. Factory acceptance testing (FAT) and related.

4. Importation and logistics for delivery to site.

5. Site installation and acceptance testing (SAT).

6. Operational training.

7. Calibration test flight(s). Passing the AGL calibration flight will be considered a prerequisite to gaining Practical Completion.

Commissioning

In addition to the usual ground commissioning requirements for AGL installations, there will be a requirement for an aircraft test flight for PAPI calibration and certification purposes and provision of Documentation to CAASI for airfield certification purposes.



All Airports are located in a high humidity, high rainfall and salt-laden coastal environment in semi-remote locations. The combined effects of the above service conditions are an important consideration in the materials selection and the equipment offered. Focus is on provision of robust equipment able to provide a long service life with minimal inspection and maintenance in tropical high humidity environments with minimal routine maintenance.




The Solomon Islands Government has adopted New Zealand based Civil Aviation rules and related requirements. All supplied AGL units are to be fully compliant with related New Zealand CAA Advisory Circulars and referenced ICAO and US FAA technical requirements.

The Airfield Ground Lighting will comply with the relevant requirements of the following documents:

NZ CAA Advisory Circulars

AC139-6 - Rev 5 - Aerodrome Design Requirements

ICAO Standards/Reference

ICAO - Annex 14, Aerodromes Part 1 (ICAO Annex 14).

ICAO - Aerodromes Volume I – Aerodrome Design and Operations. 5th edition, 2009

ICAO - Doc 9157 - Aerodrome Design manual – Part 4 Visual Aids. 4th edition, 2004

ICAO - Doc 9157 - Aerodrome Design manual – Part 5 Electrical Systems. 1st edition, 1983

ICAO - Doc 9157 - Aerodrome Design manual – Part 5 Electrical Systems. Draft 2011

FAA Design References

FAA - Advisory Circular AC 150/5370-10H, Standards for Specifying Construction of Airports - PART XI 13 – Lighting Installations

FAA - Engineering Briefs - EB 67 Light Sources Other than Incandescent and Xenon and EB 83 in Pavement Light Fixture Bolts

Other Technical References

AS/NZS 1170.2 Structural Design Actions – Wind Actions

Annex 5 to the Convention on International Civil Aviation – Units of Measurement.


Supply, installation, commissioning and operator training for the AGL systems at the selected airports, OLS clearance works.

https://www.faa.gov/documentLibrary/media/Advisory_Circular/150-5370-10H.pdf



Service standards

Electrical installations are to be in accordance with NZS standards and related ICAO and FAA technical standards.

Deliverables

In additional to the supply, installation, commissioning and operator training for the AGL and Navigational Aid systems at the selected airports, the Contractor is also responsible for specific design requirements, these include 3D design for the PAPI, sizing of the solar panels and battery sets to service the facility when these are not incorporated into the lighting units, configuration and AGL control systems to suit the Contractor’s supplied equipment and the functional layout of the supplied AEER.

Provision of OLS clearance works and check survey to demonstrate OLS compliance.

Location(s) for delivery

The works are located at;

a) Seghe airfield, New Georgia, Solomon Islands. b) Choiseul Bay airfield, Taro Island, Solomon Islands. c) Nusatupe airport, Gizo, West Georgia, Solomon Islands.

Implementation and transition requirements

The Contractor is to provide comprehensive operations and maintenance documentation and manuals, and provide on-site operator training in the use of all systems supplied under the Contract.

Ownership of Intellectual Property

The PAPI 3D design and related contractor designs under this project become the property of the client on completion.

2.7.4.3 Attributes of AGL Works subcontractor Capability


The Contractor is to detail the Experience and Track record held by the company and by the nominated personnel relative to the project works;

a) Experience and track record with AGL installations in remote locations / Pacific. b) Experience and track record with the provision of maintenance and servicing of

equipment in remote locations.



Qualifications

The Contractor is to detail the qualifications held by the company and by the nominated personnel relative to the project works including electrical certificates and related.

Professional membership

The Contractor is to detail the professional memberships held by the company and by the nominated personnel relative to the project works noting the requirements to provide certified design services as part of the contract works.

2.7.4.4 Attributes of AGL Works subcontractor Capacity

The Contractor shall outline available capacity for the following

a) Capacity and management capability to coordinate equipment manufacture, FAT testing and then work across multiple installation work sites; demonstrate the ability to manage and coordinate across three work sites with SAT and related calibration flight services.

b) Availability requirements; Confirm AGL subcontractor’s availability during the anticipated contract period of December 2020 to March 2022.

c) Contingency requirements; The Contractor is to provide details on contingency capabilities to accelerate the installation works if so required.

2.7.5 Terminal Works

2.7.5.1 Scope

The following Provisional works are included:

a) Design-build of a new terminal building at Seghe airfield. b) Refurbishment and design-build extensions to the existing Choiseul Bay airfield

terminal.

The Scope would necessitate and include the following process:

1. Design and Build service against the conceptual layout design.

2. Submittal of final proposal and design drawings for approval.

3. Supply of building materials.

4. Shipment to site.

5. Setting out and Installation of the surrounding civil works and building services.

6. Erection / Refurbishment of the terminal building(s).



Seghe

The contractor will be provided with concept drawings and functional specifications upon which to base their design. The terminal building concept design will include the following:

1. Secure ticketing office.

2. Baggage counter.

3. Baggage holding area.

4. Ground to air radio room.

5. Gender specific toilets.

6. Open-air passenger arrival area.

7. Arrival and baggage pick-up area.

8. Plumbing, power supply (most likely solar), electrical distribution, natural ventilation, wastewater disposal system and any other site services necessary.

Choiseul Bay

Refurbishment of the current Choiseul Bay airfield terminal building is required. Works required, includes, but are not limited to:

1. Construct a covered veranda and concrete walkway on the western and northern sides of the existing terminal building.

2. Increased water storage:

• 2 x 10,000 litre tanks feed from the roof areas.

• New booster pump and related reticulation.

3. New toilet facilities.

4. Repainting of internal and external walls, doors and window frames.

5. Option for roof mounted solar panels and related for power supply purposes.



All Airports are located in a high humidity, high rainfall and salt-laden coastal environment in semi-remote locations. The combined effects of the above service conditions are an important consideration in the materials selection, surface treatments and installations offered. Focus is on provision of robust equipment able to provide a long service life with minimal inspection and maintenance in tropical high humidity environments with minimal routine maintenance.




The supplied building is to be fully compliant with Solomon Islands Building Code requirements. The designs would have to meet the relevant NZS Codes. Any material, fitting, fixtures, equipment, hydraulic, mechanical or electrical appliances that form the permanent works, would have to meet the relevant NZS Codes.


Design, supply, and construction (or refurbishment) of terminal and related works.

Building Consent

The Contractor is responsible for obtaining all building works consents for the building and related services connections under the design and build arrangement. The Contractor provides all structural calculation, details etc. and lodges with the appropriate authorities for building consent approval.

Location(s) for delivery

The works are located at;

a) Seghe airfield, New Georgia, Solomon Islands. b) Choiseul Bay airfield, Taro Island, Solomon Islands.

Ownership of Intellectual Property

Remains with the Contractor / Supplier.

2.7.5.3 Attributes of Terminal Works subcontractor Capability


The Contractor is to detail the Experience and Track record held by the company and by the nominated personnel relative to the project works;

a) Experience and track record with design and build of commercial building construction in remote locations or the Pacific.

Qualifications

The Contractor is to detail the qualifications held by the company and by the nominated personnel relative to the project works.

Professional membership

The Contractor is to detail the professional memberships held by the company and by the nominated personnel relative to the project works.



2.7.5.4 Attributes of Terminal Works subcontractor Capacity

The Contractor shall outline available capacity for the following:

a) Capacity and management capability to coordinate the design and build of a commercial building / terminal at multiple work sites.

b) Availability requirements; Confirm subcontractor’s availability during the anticipated contract period of December 2020 to March 2022.

c) Contingency requirements; The Contractor is to provide details on contingency capabilities to accelerate the works if so required.

2.7.6 Other Attributes

Relationship management and reporting requirements

Comprehensive monthly reporting on all aspects of the project will be required. The Contractor will be required to manage relationships with the following stakeholders:

• Solomon Islands Ministry of Infrastructure and Development – MID

• Civil Aviation Authority Solomon Island – CAASI

• Solomon Islands Ministry of Communications and Aviation – MCA

• Airlines – Solomon Airlines

• New Zealand High Commission – Honiara

• Services Utility Providers

• Local Village Groups

Anticipated Insurance and Bond requirements (NZD)

1) Contractor’s Bond $5,000,000

2) Public Liability Insurance $2,000,000

3) Airside Motor Vehicle Insurance $2,000,000

4) Professional indemnity Insurance $5,000,000

Other Program requirements

A detailed QA / QC methodology and related comprehensive GANTT chart activity program is required. A comprehensive Factory Acceptance Test program is envisaged during the procurement – manufacturing process for the AGL components. Allowance must be made for the design and approval of the terminal building works and refurbishment. Working airside – the Contractor is to finalise and administer the project specific MOWP.



2.7.7 UXO considerations and other Contractors on Site

Seghe and Choiseul Bay are known WWII sites. UXO survey and clearance is being arranged for both sites. Contractor appreciation of UXO related issues is required. It is anticipated that the Airfield unexploded ordnance (UXO) Contractor will potentially be onsite during construction.

2.7.8 Management Plans

The following management plans are expected as part of the contract:

1) Health and Safety Management Plan.

2) Environmental Management Plan.

3) Quality Management Plan.

4) Method of Work Plan in Accordance with CAASI / NZCAA regulations.

5) Community Engagement Plan.



Appendix 2: ROI Rules

2.8 ROI Rules 2.8.1 Preparing a registration

Civil Works Contractors must provide in their ROI all information requested by MFAT in the ROI. The information must be supplied in the format specified by MFAT.

Failure to provide all information requested or in the correct format may result in the ROI Registration being rejected as non-conforming.

2.8.2 Clarification period

Each Civil Works Contractor must satisfy itself as to the interpretation of the ROI. If there is any perceived ambiguity or uncertainty in the ROI documents Civil Works Contractors should seek clarification before the end of the Clarification Period.

All requests for clarification must be made by email to the stated Contact Person. Please allow a reasonable period of time for a response to a request. Requests will be dealt with during business hours.

The Buyer will not answer questions submitted after the Clarification Period ends, although it reserves the right to do so.

If MFAT considers a request to be of sufficient importance to all Civil Works Contractors, it may provide details of the question and answer to other Civil Works Contractors. This information may be posted on GETS. In deciding whether or not to publish the question and answer MFAT will take into account the risk of disclosing information which may be commercially sensitive to the Civil Works Contractor making the request.

If a Civil Works Contractor identifies an inaccuracy or inconsistency in the ROI, please notify the stated Contact Person as soon as possible.

2.8.3 Joint ROI registration

Civil Works Contractors may submit joint registrations, so long as the requirements of the ROI are met. If the ROI contains pre-conditions all parties to the joint registration must have met the conditions.

Any joint Registration must:

a) identify all of the parties to the registration b) state the nature of the relationship between the parties for the purpose of the joint

registration c) confirm that all parties are committed to the relationship and the joint registration d) specify the parts of Our requirements each party will be responsible for delivering e) identify the structure and systems that support joint governance, accountability and

financial and contract management



f) be signed by all parties.

In evaluating a joint registration MFAT may take into account, in its evaluation, any complexity or risk presented by a joint registration.

Civil Works Contractors submitting joint registrations are required to identify only one Contact Person who will represent all parties to the joint registration.

A joint registration must be a genuine joint venture with the provision of the goods or services to be provided on a joint and fully integrated basis.

2.8.4 Submitting a response

Registrations must be received before the Closing Date.

MFAT accepts no responsibility for registrations delivered to the wrong address or which, for whatever reason, are not received by MFAT.

By submitting a registration each Civil Works Contractor warrants that all information provided is complete and accurate in all material respects. Each Civil Works Contractor also warrants that the provision of that information, or its use by MFAT for the purposes of the ROI process, will not breach any Third-Party Intellectual Property Rights.

Where MFAT has requested the registration in hard copies and an electronic copy and there is a difference between the hard copy and the electronic copy the hard copy will prevail.

2.8.5 Late registrations

MFAT reserves the right to accept a late Registration in exceptional circumstances where it considers that there is no material prejudice to other Civil Works Contractors. However, MFAT will not accept a late Registration if it considers that:

a) there is any risk of collusion on the part of a Civil Works Contractor or Civil Works Contractors

b) the Civil Works Contractor may have knowledge of the content of any other registration

c) it would be unfair to any other Civil Works Contractor to accept the late registration

2.8.6 Evaluation

MFAT will convene an evaluation panel comprising members chosen for their relevant expertise and experience. MFAT may, at its sole discretion, invite independent advisors to evaluate any registration, or any aspect of any registration. Civil Works Contractors must not communicate with any member of the evaluation panel.

Civil Works Contractors should note that MFAT intends to base its evaluation primarily on the written registration submitted in registration to the ROI.



2.8.7 Clarification

MFAT may request clarification and additional information from any Civil Works Contractor about any aspect of a registration. MFAT is not required to request the same clarification or information from each Civil Works Contractor.

The Civil Works Contractor must provide the clarification or additional information in writing and within the time notified by MFAT. The evaluation team may take such clarification or additional information into account in evaluating the Registration.

If a Civil Works Contractor fails to respond adequately or within the time stipulated by MFAT to any request for clarification or additional information, MFAT may cease evaluating the Civil Works Contractor’s Registration.

2.8.8 Collection of further information

Each Civil Works Contractor authorises MFAT to collect further information from any relevant third parties (such as a referee or a previous or existing client) and to use that information as part of its evaluation of the Civil Works Contractor’s registration.

Each Civil Works Contractor must ensure that all referees provided in support of its registration agree to provide a reference and are appropriately briefed on the registration.

To facilitate discussions between MFAT and Third Parties each Civil Works Contractor waives any confidentiality obligations that would otherwise apply to information held by any Third Party, with the exception of commercially sensitive pricing information.

MFAT reserves the ability to adjust its evaluation and scoring of a Civil Works Contractor’s Registration following the collection of further information.

2.8.9 Highest ranked Civil Works Contractors

Following the evaluation process the evaluation team aims to shortlist those Civil Works Contractors who are capable of delivering our requirements and rank them in order of their evaluated scores. These short-listed Civil Works Contractors are the Highest Ranked Civil Works Contractors.

At this stage in the process MFAT does not intend to publicise the names of the Highest Ranked Civil Works Contractors.

The Highest Ranked Civil Works Contractors may be invited by MFAT to respond to a subsequent RFP process.



2.8.10 Civil Works Contractor debrief

Following the conclusion of the ROI process, MFAT will offer a debrief to all unsuccessful Civil Works Contractors. The debrief may be provided by letter, email, phone or face to face meeting. The debrief will aim to:

a) provide the reasons why their registration was not successful b) explain how the registration performed against the Evaluation Criteria c) indicate the relative advantages/strengths of the successful registration(s) d) answer any concerns or questions from the Civil Works Contractor e) seek feedback from the Civil Works Contractor on the ROI and the ROI process.



Appendix 3: ROI Standard Conditions

3.1 ROI Standard Conditions 3.1.1 Ministry’s Terms

The ROI comprises of Section 1, Section 2, Appendix 1, 2 and 3 (this set of Standard Conditions) and any other Schedules attached by MFAT. The ROI sets out MFAT’s terms upon which Civil Works Contractors may submit registration. These terms are non-negotiable.

Each Civil Works Contractor should carefully read the ROI to ensure that its registration complies with MFAT’s terms. By submitting a registration the Civil Works Contractor accepts that it is bound, without reservation or variation, by the terms set out in the ROI.

MFAT is not required to accept any registration for evaluation that does not comply with these terms.

3.1.2 Civil Works Contractor’s obligations

Each Civil Works Contractor will be considered to have:

a) examined the ROI and any documents referenced in the ROI and any other information provided by MFAT

b) considered all the risks, contingencies and other circumstances relating to the delivery of the goods or services and included adequate provision in its registration to manage such risks and contingencies

c) documented in its registration any assumptions made in the preparation of the registration

d) satisfied itself as to the correctness and sufficiency of its registration.

3.1.3 Reliance on the registration

Each Civil Works Contractor must ensure that all information provided to MFAT is complete and accurate. MFAT may rely upon all information provided by a Civil Works Contractor in its registration and in any correspondence or negotiations with MFAT, or MFAT’s representatives.

3.1.4 Our timeline

Our timeline for the ROI process is stated in Section 1. Please note that these dates and times may be changed at the sole discretion of MFAT. MFAT will notify Civil Works Contractors of any material changes to these dates or times. This may be by notice posted on GETS.



3.1.5 Contact person

All enquiries regarding the ROI must be directed to the Contact Person. Email should be used for all communications in relation to the ROI.

DESCRIPTION DETAILS

Name of contact Pieter van Vreden

Email address [email protected]

Reference Start subject of email with this ROI document number:

[DOC-4061682]

Only the contact person, and any person authorised by the contact person, are authorised to communicate with Civil Works Contractors regarding any aspect of the ROI.

MFAT will not be bound by any written or oral statement made by any person, other than the contact person.

MFAT may change the contact person at any time. MFAT will notify Civil Works Contractors of any such change. This notification may be posted on GETS.

Where a Civil Works Contractor has an existing contract with MFAT then business as usual communication, for the purpose of that contact, will continue using the usual contacts. Civil Works Contractors must not use business as usual contacts to lobby MFAT, solicit information or discuss aspects of the ROI.

3.1.6 Conflict of Interest

Each Civil Works Contractor must immediately inform MFAT should a Conflict of Interest arise during the ROI process.

3.1.7 Ethics

Civil Works Contractors must direct all enquiries to MFAT’s contact person. Civil Works Contractors must not directly or indirectly approach, contact, lobby or solicit information concerning any aspect of the ROI from any other representative of MFAT.

Civil Works Contractors must not attempt to influence or provide any form of personal inducement, reward or benefit to any other representative of MFAT.

A representative of MFAT includes any employee, consultant, contractor or advisor engaged by MFAT.

Any Civil Works Contractor, who attempts to do anything prohibited by the above clauses may be disqualified from the ROI.



3.1.8 Anti-collusion / bid rigging

In submitting its registration each Civil Works Contractor warrants that its registration has not been prepared with consultation, communication, arrangement or understanding with any competitor (unless for joint venture, consortium or sub-contracting purposes).

There is no expectation or obligation for Civil Works Contractors to submit registration in registration to the ROI solely to remain on any prequalified or preferred Civil Works Contractor list. Any Civil Works Contractor on such a list will not be penalised for failure to submit a registration.

Civil Works Contractors must indicate if they intend any person or organisation (who is not an employee, a party to a disclosed joint registration or a disclosed sub-contractor) to deliver any part of the deliverables. That party’s details, the deliverables they will be responsible for and the price must be provided in the registration.

MFAT reserves the right, at its discretion, to report suspected collusive or anti-competitive conduct by Civil Works Contractors to the appropriate authority and to provide that authority with any relevant information including a Civil Works Contractor’s registration.

3.1.9 Confidentiality

MFAT, and each Civil Works Contractor, will keep confidential all confidential information provided by the other. No confidential information will be provided to a third party without the other’s prior written consent.

Where a Civil Works Contractor’s registration contains information, such as intellectual property, that it considers should be held confidential, the Civil Works Contractor must clearly identify the information and mark it confidential and commercially sensitive. The Civil Works Contractor may be asked by MFAT to indicate the reason why such information should be held as confidential.

Civil Works Contractors acknowledge that MFAT’s obligations under the above clause are subject to the requirements imposed by the Official Information Act 1982, the Privacy Act 1993, parliamentary convention and any other obligations imposed by the law. MFAT’s obligation to keep the Civil Works Contractor’s information confidential will not be breached if the information is disclosed by MFAT to the appropriate authority because of suspected collusive or anti-competitive tendering behaviour.

3.1.10 Registration costs

Each Civil Works Contractor must meet all of its own costs associated with the preparation and presentation of its registration and subsequent negotiations (if any).



3.1.11 Ownership of documents

All documents forming the registration will, when delivered to MFAT, become the property of MFAT and will not be returned to Civil Works Contractors at the end of the process.

Ownership of Intellectual Property rights does not pass on a registration being delivered to MFAT. However, the Civil Works Contractor grants to MFAT a license to retain, use, disclose and copy information contained in the registration for any purpose related to the tender process.

3.1.12 No binding legal relations

Registrations are submitted on the basis that no contract or binding legal relations with MFAT are created unless, and until, a written contract between MFAT and the successful Civil Works Contractor is signed by both parties.

3.1.13 Status of ROI

MFAT aims to demonstrate fair dealing and due process, and to act lawfully, fairly and reasonably in its interactions with Civil Works Contractors.

Neither the ROI nor the ROI process shall create any legal relationship between MFAT and a Civil Works Contractor. This ROI process does not give rise to a contract.

3.1.14 Ministry’s rights

In addition to any other term described in the ROI MFAT may at any time:

a) amend, suspend, re-issue or cancel the ROI, or any part of the ROI on notice to the Civil Works Contractors

b) change any date in our timeline contained in Section 1 on the proviso that any material change is notified to Civil Works Contractors

c) delete, change or add to the Requirements contained in Section 1 on the proviso that any material change is notified to Civil Works Contractors

d) reject or accept any non-compliant registration on notice to the Civil Works Contractor

e) reject or accept any alternative registration on notice to the Civil Works Contractors f) waive any irregularities or information in the ROI process g) enter or not enter into a Contract with any Civil Works Contractor h) exclude any Civil Works Contractor from the ROI process where the Civil Works

Contractor has breached a term or condition of the ROI on notice to the Civil Works Contractor

i) liaise or negotiate with any Civil Works Contractor without disclosing this to, or doing the same with, any other Civil Works Contractor

j) provide or withhold from any Civil Works Contractor information in relation to any question arising in relation to the ROI. Information will only be withheld if it is



deemed unnecessary, is commercially sensitive to a Civil Works Contractor, or is inappropriate to supply at the time of the request

k) deal separately with any divisible element/s of the Requirements or any registration, unless the registration specifically states that those elements must be taken collectively

l) split the provision of the Requirements and enter into separate Contracts with separate Civil Works Contractors.

3.1.15 Public statements

Civil Works Contractors must not issue any public statement in relation to the ROI, or any subsequent contract awarded, without the prior written approval of MFAT.

3.1.16 New Zealand law

The laws of New Zealand shall govern the ROI and each Civil Works Contractor agrees to submit to the exclusive jurisdiction of the New Zealand courts in respect of any dispute concerning the ROI or the ROI process.

3.1.17 Disclaimer

While all reasonable care has been taken in compiling the ROI, the information and details are presented in good faith. No warranty (expressed or implied) is given by MFAT as to the completeness or accuracy of the documents or information.

MFAT and its agents or advisors will not be liable in contract, tort, equity, or in any other way whatsoever for any direct or indirect damage, loss or cost incurred by any Civil Works Contractor or any other person in respect of the ROI process.

Date post:	24-Jul-2020
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