Conditions of Contract s1

CONTRACT No. 719596

VOLUME 1 (b)

CONDITIONS OF CONTRACT

HEAVY PATCHING

PREPARED BY:

CABONNE COUNCIL’S DEPARTMENT OF ENGINEERING

& TECHNICAL SERVICES SECTION

DATE: DECEMBER 2015

Cabonne Council

Page 16

Table of Contents

1. definitions and interpretations 2

2. GUIDE TO TENDERERS 6

2.1 Introduction 6

2.2 Project overview and scope of work 6

2.2.1 Project overview

2.2.2 Scope of work for each site of this Project 6

2.2.3 Completion dates 6

2.3 Tender Evaluation 6

2.3.1 General principle of evaluation 6

2.3.2 Evaluation process 6

2.3.3 Hurdle criteria 6

2.3.4 Comparative Evaluation Criteria 7

2.3.5 Non-price criteria 7

2.3.6 Tender evaluation panel 7

3. CONDITIONS OF Tender 9

3.1 General 9

3.2 Tender documents 9

3.2.1 RFT Documents 9

3.2.2 Format of Tenders 9

3.3 General requirements of Tenderers 9

3.4 Conforming Tenders 10

3.5 Alternative Tenders 10

3.6 Information and clarifications 10

3.6.1 Contact with Council 10

3.6.2 Advice 11

3.6.3 Addenda 11

3.6.4 Clarification of RFT Documents before the Closing Date and Time 11

3.6.5 Contact with and information from Council during Tender assessment 12

3.7 Tenderer Site inspection and briefing 12

3.8 Subsequent Site inspections 12

3.9 Not used 3.10 Not used 12

3.11 Confidentiality 12

3.12 Tender process 13

3.13 Lodgement of Tenders 13

3.13.1 Late Tenders 13

3.13.2 Validity 14

3.13.3 Not used 14

3.14 No obligation 14

3.15 Tenderer to inform itself 14

3.16 Tender costs 15

3.17 Conformed Agreement 15

3.18 Intellectual Property 15

3.19 Previous involvement 15

3.20 Retention of Tenders 15

3.21 Tenderer information 15

3.22 Precedence 15

3.23 Disclaimer 16

DEFINItions and interpretations

Words or Expressions defined below will have the meanings assigned to them for interpretation of this RFT except where the context otherwise requires. Terms in this RFT that are not defined below will have the meaning given in clause 83 of Council’s Generic General Conditions of Contract.

‘Clause Number’ reference is to clauses in this RFT.

‘Closing Date and Time’ means 4.00 pm Australian Eastern Time on Friday 20 May 2016 or such other date and time advised by Council in an Addendum to the RFT Documents.

‘Conformed Agreement’ means an Agreement that complies with clause 2.17.

‘Conforming Tender’ means a Tender that complies with clause 2.4.

‘Contractor’ has the meaning given to it in General Conditions of Contract.

‘Council’ means Cabonne Council ABN 41 992 919 200.

‘General Manager’ means the person who is the General Manager of Council at the relevant time or his duly appointed delegate.

‘GCC’ means the abbreviated General Conditions of Contract for this Heavy Patching contract including any schedules and attachments.

‘Non-Conforming Tender’ means a Tender that is not a Conforming Tender.

‘Principal” means the entity known as Cabonne Council

‘Project’ - not used

‘RFT’ means this Request for Tender Contract No: 719596.

‘RFT Documents’ has the meaning given to it in clause 2.2.1.

‘Specification’ means the technical specification for the Project,

‘Tender’ means a written submission in the form required in the RFT Documents completed and legally executed by or on behalf of the Tenderer and received by Council in accordance with the Conditions of Tender.

‘Tenderer’ means the entity identified as such on the Form of Tender by the ACN and, where the Tenderer is two or more persons, will mean those persons bound jointly and severally.

‘Tender Schedules’ means the Tender Schedules provided in the RFT Documents for completion by the Tenderer and returned to Council and which may be incorporated into the Schedules to General Conditions of Contract after conformance and acceptance.

Cabonne Council

Page 16

Contract No: 719596

Conditions of Tender

1.  GUIDE TO TENDERERS

1.1  Introduction

(a)  Cabonne Shire is located in Central-West NSW with an existing population of around 13,000 persons. This tender relates to the hire of plant and equipment to be used anywhere within the Cabonne Shire Local Government Area.

(b)  This Guide to Tenderers has been prepared to provide general information for Tenderers on the scope, objectives and requirements of the Contract and ensuing Panel Arrangement, the tender process and in the preparation of Tenders.

1.2  Contract scope of work

1.2.1 Scope of work

The scope of work for this Project is

(a)  Full Service Heavy Patching being for supply and incorporate additive plus trim, compact and seal

anywhere within the Cabonne Council Local Government Area.

1.2.2 Completion dates – The Contract will exist until 20 May 2016.

1.3  Tender Evaluation

1.3.1 General principle of evaluation

Tenders will be assessed impartially using an analytical process that will give appropriate consideration to all the information supplied in the Tender Schedules and other information available to Council.

1.3.2 Evaluation process

All of the information specified or listed in the Tender Schedules is required for the consideration of a Tender.

Assessment of Tenders will be based on the following:

(a)  information provided in the Tender;

(b)  responses to clarification questions asked by Council;

(c)  information provided by referees; and

(d)  outcomes from any interviews between Council and the Tenderer(s).

1.3.3 Hurdle criteria

Assessment will be made against the following ‘hurdle’ criteria:

(a)  compliance with tender documents;

(b)  acceptable program;

(c)  financial capacity to undertake the Project;

(d)  acceptance of Council’s proposed commercial terms;

(e)  extent of any contractual qualifications/exclusions (if any) including

§  Risk to Council

§  Liability on Council

§  Affect on project scope

(f)  satisfactory referee reports regarding previous work

Tenderers that do not achieve satisfactory outcomes when assessed against these criteria will not be considered further.

With respect to (c) above, Council is seeking to contract with a Tenderer with the necessary financial capacity to deliver the Project. In the event of a Tenderer submitting another company’s financial information (such as a parent or financing organisation) in order to demonstrate sufficient financial capacity, a guarantee from that company to Council will be required. Similarly, where in Council’s opinion a Tenderer does not demonstrate sufficient financial capacity, a guarantee from a parent or financing entity (where one exists) may be required.

1.3.4 Comparative Evaluation Criteria

(a)  The Comparative Evaluation Criteria includes the Tender price and other non-price criteria.

(b)  The relative weighting between the Tender Price and the non-price criteria is as follows:

(i)  Tender Price 70%

(ii)  Non-price criteria 30%

1.3.5 Non-price criteria

The non-price (life cycle) evaluation criteria and their individual weightings are as follows:

(a)  Contractor’s past performance record 10%

§  Based on current Referee reports

(b)  Contractors previous relevant experience 10%

·  Based on current Referee reports

(c)  Contractors current resources and any qualifications/exclusions 10%

§  Risk to Council

§  Liability on Council

§  Affect on project scope and performance requirements

1.3.6 Tender evaluation panel

The Tender evaluation panel is comprised of senior personnel from Council and specialist advisers. Tasks for the evaluation panel may be delegated to different personnel, and technical evaluation and commercial evaluation will generally be conducted separately.

The considerations, recommendation and report of the evaluation panel are not binding on Council.

2.  CONDITIONS OF Tender

2.1  General

Tenders are invited in accordance with the NSW Local Government Act and NSW Local Government (General) Regulation 2005; and with the NSW Government Code of Practice for Procurement and Tendering Guidelines.

2.2  Tender documents

2.2.1 RFT Documents

In this RFT, the RFT Documents are:

(a)  Conditions of Tender;

(b)  abbreviated General Conditions of Contract (Cabonne Council versions);

(c)  Tender Form ;

(d)  Tender Schedules (if any) - supplying information not previously submitted to Council’s website

(e)  Specification; and

(f)  Any Addenda issued by Council prior to the closing date and time (posted to Council’s website only, www.cabonne.nsw.gov.au ).

2.2.2 Format of Tenders

(a)  All information required for consideration of the Tender is listed in the Tender Schedules and the Tender Form.

(b)  Tenderers must submit the Tender using section numbering to match the Tender Schedules. Specific reference to the relevant Tender Schedule must be made at the commencement of every section and in the header or footer to every page submitted, each page must be sequentially numbered, and the Tender Schedules must be signed off at the end of every Tender Schedule.

(c)  The above Schedule documents must be signed/initialled by the party executing the Tender Form.

2.3  General requirements of Tenderers

The Tenderer must:

(a)  comply with the RFT Documents;

(b)  have authorised the person(s) signing on behalf of the Tenderer;

(c)  have expertise in the type of work proposed in the RFT Documents;

(d)  fully complete the Tender Schedules;

(e)  allow for compliance with all relevant legislation;

(f)  be registered for GST and have a current Australian Business Number (ABN);

(g)  be represented as the entity identified by the ABN;

(h)  provide all information in the English language;

(i)  provide all measurements in the metric (SI) system; and

(j)  provide all money amounts in Australian currency exclusive of, or inclusive of, GST as defined in the Schedule.

2.4  Conforming Tenders

(a)  A Tenderer must submit a Conforming Tender. A Conforming Tender is a Tender that substantially complies with the requirements of the RFT Documents. A Conforming Tender must:

(i)  include the executed Form of Tender;

(ii)  be complete including Tender Schedules;

(iii)  be clear, legible and without erasures or alterations; and

(iv)  comply substantially with General Conditions of Contract and the Specification.

(b)  Where a Tender appears to be a Non-Conforming Tender then, at the sole discretion of Council, the Tender may be rejected or clarification may be requested of the Tenderer in respect to the requirements of a Conforming Tender.

2.5  Alternative Tenders

Provided that a Tenderer has submitted a Conforming Tender in accordance with clause 2.4, a Tenderer may submit an Alternative Tender.

Alternatives offering lower prices based on mileage travelled to each work site will be considered.

2.6  Information and clarifications

2.6.1 Contact with Council

(a)  A Tenderer must direct any inquiries in writing preferably by email, but otherwise to Council’s Representative:

Mr Tony Weekes

Maintenance Coordinator

Cabonne Council

PO Box 17

MOLONG NSW 2866

Phone: (02) 6390 7100

Fax: (02) 6362 3260

E-mail:

(b)  Under no circumstances is a Tenderer or its representatives allowed to contact, directly or indirectly, other Council employees or Councillors in connection with this Project. Any contact by a Tenderer or any of its representatives with any such person may result in disqualification from this tender process. Tenderers must not contact or approach any of Council’s councillors, employees, contractors or agents other than Council’s Representative nominated in clause 2.6.1(a) (or as and if further advised) unless requested to do so in writing by Council pursuant to an Addendum.

2.6.2 Advice

Council will not be bound by any verbal advice given or any information furnished by any officer of Council in relation to the RFT or tender process, but will be bound only by advice or information furnished in writing by Council’s Representative.

2.6.3 Addenda

(a)  Tenderers must:

(i)  draw immediately to the attention of Council any irregularities whatsoever which they discover in the RFT Documents;

(ii)  check their RFT Documents for any missing pages, omissions or errors;

(iii)  request any interpretation of the RFT Documents required in writing;

(iv)  quote the Tender Number in any request; and

(v)  quote the name of Council’s Representative nominated in the RFT Documents in any request.

(b)  All Tenderers will be sent an Addendum if amendment or clarification of the RFT Documents is warranted for any reason or following any requests for interpretation, in the period up until 3 working days prior to the Closing Date and Time. Such Addenda will become part of the RFT.

Addenda:

(i)  will be issued electronically

(ii)  will be addressed as notified when the RFT Documents were issued;

(iii)  will be deemed served from the date so dispatched; and

(iv)  may include an extension of time if sent less than 3 working days prior to the Closing Date and Time.

(c)  For each Addendum sent, Tenderers must return a declaration within the Tender Form, stating they have received the Addendum and have allowed for the information in the Addendum in their Tender. If not received, such declaration must be subsequently completed on request of Council to constitute that aspect of a Conforming Tender.

2.6.4 Clarification of RFT Documents before the Closing Date and Time

(a)  Any reply to a Tenderer’s query or request for clarification on the RFT Documents will be in writing (which may be by e-mail) from Council.

(b)  Tenderers should note that any query or request for clarification that is answered by Council will be circulated together with answers to all other Tenderers unless the Tenderer has submitted its query marked ‘commercial-in-confidence’ and, subject to paragraph (c) below, it has been determined by Council that the query is to be treated as such in accordance with these Conditions of Tender.

(c)  If a Tenderer wishes to submit a query in confidence without circulation to other Tenderers on the basis that the circulation may disclose confidential information concerning the Tenderer's Tender, the Tenderer must mark the query as ‘commercial–in–confidence’. A determination will be made by Council as to whether the query is to be treated as commercial-in-confidence and not circulated to other Tenderers, and notified to the Tenderer. If it is decided not to treat the query as commercial-in-confidence, the Tenderer will be given the opportunity to withdraw the query rather than have the query and answer circulated to the other Tenderers.

2.6.5 Contact with and information from Council during Tender assessment

(a)  After the Closing Date and Time, Council reserves the right to invite Tenderers to change their Tender to take account of a change in the RFT Documents.

(b)  Where Council requests clarification of the Tender any such contact and correspondence will relate solely to such clarification. The Tenderer must respond promptly and within any time nominated in the request.

(c)  Where the Tenderer fails to respond within the required time or alternatively fails to confirm the Tender as fully conforming then Council may, at its sole discretion, deem the Tender to be a Non-Conforming Tender and not deal further with it.