DPTI 2013/07160/01

INVITATION

THE PROVISION OF PROTECTION OFFICERS

FOR THE ADELAIDE METROPOLITAN PASSENGER RAIL NETWORK

(PANEL AGREEMENT)

CONTACT FOR FURTHER INFORMATION / Enquiries are to be directed to:
Mr Maurice Elmendorp
Telephone: (08)82184098 Mobile: 0408 312 340
E-mail:
If the above person is unavailable, the enquiry may be directed to:
Mr Paul Burns
Telephone: (08)83432829 Mobile: 0401 126 449
E-mail:
or
Mr Peter Newbold
Telephone: (08)83432855 Mobile: 0408 896 823
E-mail:
APPLICATIONS MAY BE EITHER: / Posted to GPO Box 1533, ADELAIDE SA 5001;
Delivered to 77 Grenfell Street, ADELAIDE SA 5000; or
Emailed to
Note: If submitting via email, please phone (08) 8343 2029 to confirm receipt. Also, it may be necessary to split the application into several emails to keep it to an acceptable size.

DPTI Provision of Protection Officers for the AMPRN

Revision 0 Contents

CONTENTS

Introduction

Conditions for Submission including:

Annexure A: Application Submission.

Annexure B: Assessment of Applications.

Annexure C: Supplementary Information for Applicants.

Schedule of Agreement Documents

Specification

Appendix1 - Map of Adelaide Metropolitan Passenger Network

DPTI Panel Agreement for the Provision of Minor Works and Field Services

Application Form

Schedules

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Revision 0 Introduction

INTRODUCTION

The Department for Planning, Transport and Infrastructure (DPTI) intends to establish a new panel of service providers (“Panel Contractors”) for the Provision of Protection Officers for the Adelaide Metropolitan Passenger Rail Network.

Companies wishing to be appointed to a panel are invited to submit an application in accordance with the attached Conditions for Submission of an Application. To be appointed, applicants must be able to demonstrate that they have the appropriate skills, management systems and experience in the relevant categories. The submission must contain all of the information requested in Annexure A to the Conditions for Submission of an Application.

DPTI is under no obligation to request any Panel Contractor to provide services or to submit a quotation and Panel Contractors are not guaranteed any work during the term of the agreement. Applicants should be aware that if the rates submitted are higher than industry averages for no additional benefit to DPTI, it is unlikely that they will be requested to provide services to a significant extent.

DPTI will take a number of factors into consideration when determining which Panel Contractors will be invited to provide services or submit a quotation, such as the estimated value of the work and each Panel Contractor’s resource availability, workload, skills / experience and ability to provide value for money.

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DPTI Provision of Protection Officers for the AMPRN Page 9

Conditions for Submission of an Application

CONDITIONS FOR SUBMISSION OF AN APPLICATION

FOR A PANEL CONTRACT

CS 1 INVITATION DOCUMENTS

These Invitation Documents comprise of the documents listed in the contents page. The Principal may amend the Invitation Documents at any time.

Any DPTI publications referred to in these documents are available from the internet at: http://www.transport.sa.gov.au or http://www.dtei.sa.gov.au/dtei_contractor_documents.

CS 2 APPLICANT’S WARRANTIES AND OBLIGATIONS

These Conditions of Submission prescribe the rules for the conduct of the application process. By submitting an application, an Applicant agrees to comply with, and be bound by, the rules contained within these Conditions of Submission.

Except for any express statement contained in these Invitation Documents, the Applicant warrants that in lodging its application it did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of the Principal, its officers, employees, agents or advisers. An Applicant cannot rely upon any document designated as “For Information Only”.

This invitation is not an offer and these Conditions of Submission will not form part of any Contract.

Prior to submitting an application, an Applicant is deemed to have:

a)  examined all written documentation made available by the Principal to the Applicants for the purpose submitting an Application; and

b)  examined all information relevant to the risks, contingencies and other circumstances having an effect on the application and obtainable by the making of reasonable enquiries.

CS 3 ENQUIRIES

Enquiries are to be directed to the Contact Officer(s) nominated on the cover sheet of this Invitation document. Applicants cannot rely on communication with any other person(s) with regard to the application process.

It is the responsibility of the Applicant to request any clarifications or additional information arising from analysis of these Invitation Documents. The DPTI Contact Officer may stipulate that any request for clarification or additional information arising from analysis of this document be forwarded in writing.

CS 4 CODE OF CONDUCT

Applicants, their employees and agents shall:

a)  at all times act with integrity;

b)  declare any actual or potential conflict of interest;

c)  not seek to employ or engage the services of any person who has a duty to the Principal as an adviser, consultant or employee in relation to this process;

d)  not collude or enter into any agreement with any other Applicant concerning the preparation of its application, pay any amount to an unsuccessful Applicant or seek to obtain knowledge of the price of any other application;

e)  not attempt to influence the outcome of this process by offering gifts, employment or other benefits to SA Government employees or persons engaged by the Principal and others who are in a position to influence the award of the contract;

f)  not attempt to seek confidential information in respect of this application process from the SA Government employees and others who have access to confidential information; and

g)  not make any news releases or responses to media enquiries and questions pertaining to this application process without the Principal’s written approval.

CS 5 SUBMISSION OF APPLICATIONS

The Applicant’s submission must comply with the following:

a)  the submission shall be lodged in accordance with the requirements stated on the cover sheet of this Invitation document;

b)  all documents and schedules listed in CTAnnexureA shall be included in the submission; and

c)  hard copy documents shall be sealed in an envelope or package, marked confidential and clearly identified as a submission for this Panel Contract.

The Applicant’s submission shall become the property of the Principal.

CS 6 COSTS OF APPLICATION PREPARATION

Applicants bear all costs that they incur in the application process, which includes any subsequent contract negotiation phase prior to the award of a contract.

CS 7 NON-CONFORMING OR ALTERNATIVE APPLICATIONS

A conforming application must address every matter and comply with every requirement specified in these Invitation Documents. An incomplete application or an application which does not comply with every requirement specified in these Invitation Documents will be deemed to be a non-conforming application. At the absolute discretion of the Principal, a non-conforming application may be rejected.

CS 8 APPLICATION ASSESSMENT AND NEGOTIATION

Applications will be assessed in accordance with DPTI evaluation procedures and the criteria listed in CTAnnexureB "Assessment of Applications".

At any time prior to award of a contract, the Principal reserves the right to:

a)  seek clarification of any aspect of a application;

b)  seek the advice and / or assistance of external consultants regarding the assessment of applications; and

c)  make enquiries of any person, company or organisation to ascertain information regarding any Applicant and its application.

If requested by the Principal, selected Applicant(s) must provide additional written information regarding their application or attend an interview.

CS 9 REPRESENTATIONS

No representation made by or on behalf of the Principal in relation to these Invitation Documents (or its subject matter) will be binding on the Principal unless that representation is expressly incorporated into the contract ultimately entered into between the Principal and a successful Applicant.

CS 10 CONFIDENTIAL INFORMATION AND DISCLOSURE OF CONTRACT

The Principal will treat applications (including information submitted at the request of the Principal after the date of close of applications) as confidential and will not disclose application contents, except:

a)  as required by law;

b)  to the Principal’s agents and advisors for the sole purpose of application evaluation;

c)  to the Australian Competition and Consumer Commission (or other government authority having relevant jurisdiction) if the Principal reasonably suspects that there is cartel conduct in relation to this application process; and

d)  where an Applicant is successful, in accordance with Premier and Cabinet Circular 27 (PCO27) on the South Australian Government’s Contracts website http://www.tenders.sa.gov.au

The Applicant agrees to comply with PCO27, a copy of which is available from http://www.premcab.sa.gov.au/dpc/publications_circulars.html

The Applicant agrees that unless indicated otherwise, all information provided by the Principal to the Applicant after the date of close of applications is confidential and the Applicant shall undertake to maintain such information as confidential.

CS 11 APPLICATION VALIDITY PERIOD

The Applicant warrants that it will maintain the validity of its application for a period of 90days from date of submission of application.

CS 12 ACCEPTANCE OF APPLICATION

The Applicant agrees and acknowledges that the Principal is under no obligation to accept the lowest or any application received. In its absolute discretion, the Principal may reject any application at any time or abandon this application process.

Nothing in these Invitation Documents or any subsequent application assessment or negotiation process is to be construed as creating a binding contract (express or implied) between the Principal and any Applicant. No legal relationship will exist between the Principal and any Applicant unless and until the Principal has delivered (either by post, courier, hand delivery or facsimile) a written notice of acceptance of application to the successful Applicant at the address stated on the application form.

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Revision 0 CS Annexures

CS ANNEXURE A

APPLICATION SUBMISSION

APPLICANTS MUST SUBMIT THE FOLLOWING WITH THE APPLICATION:

1)  Application Form

2)  Schedules in accordance with the following table:

No. / SCHEDULE
1 / Schedule of Rates.
2 / Schedule of Disbursements.
3 / Certificate of Currency of Public Liability Insurance.
4 / Statement of company experience relevant to this application and track record of company (including referees).
5 / Schedule of nominated personnel, their experience, availability and their location normally and during the provision of services. (Include CVs and recent referees.) Details of access to and availability of back-up resources should also be provided.
6 / Overview of management systems (Work Health and Safety and Risk).

NUMBER OF COPIES TO BE SUBMITTED:

One original (bound) clearly labelled “The Provision of Protection Officers for the Adelaide Metropolitan Passenger Network” plus three copies (may be bound or unbound) each clearly labelled with the copy number.

In the event of any discrepancies between the copies, the copy marked "Original" will prevail.

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CT ANNEXURE B

ASSESSMENT OF APPLICATIONS

The assessment process for the qualitative criteria will follow the general approach of “Ratio Method”, as described in the DPTI Tender Evaluation Guidelines, available from:

http://www.dpti.sa.gov.au/documents/contractsandtenders/guidelines_and_miscellaneous

The following will be taken into account in the evaluation process:

CRITERIA / Weighting
(%)
Relevant company experience / 30
Relevant experience and competency of Applicant’s personnel / 50
Accessibility and availability of Applicant’s personnel / 20
Adequacy of Management Systems / PASS / FAIL

The above is only a summary of the evaluation process and other factors may be taken into account.

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CS ANNEXURE C

SUPPLEMENTARY INFORMATION FOR APPLICANTS

1. ENGAGEMENT OF PANEL CONTRACTORS BY PUBLIC TRANSPORT SERVICES

The Public Transport Services Division (PTS) is a division within DPTI and may also engage panel members appointed under this Panel Agreement for their own works.

2. WORK OUTSIDE OF NORMAL HOURS

It is anticipated that Protection Officers will be required to work outside of normal hours (e.g. nights and weekends. The Schedule of Rates and Schedule of Disbursements shall contain satisfactory detail to allow the determination of payments to the Contractor in carrying out work outside of normal hours.

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Revision 0 Schedule of Agreement Documents

SCHEDULE OF AGREEMENT DOCUMENTS

This Agreement includes the following attachments:

1)  Specification.

2)  Appendices which include:

Appendix 1 / Map of Adelaide Metropolitan Passenger Rail Network.

3)  DPTI Panel Agreement for the Provision of Minor Works and Field Services.

4)  Contractors Submission.

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Revision 0 Specification

SPECIFICATION


SPECIFICATION

CONTENTS

1.  Scope of Services

2.  Background

3.  Accreditation and Training

4.  Supply of Materials

5.  Engagement of Protection Officers

6.  Payment

7.  Work Health and Safety

1.  SCOPE OF SERVICES

This Agreement is a panel agreement for the provision of rail safety workers (“Protection Officers”) to undertake protection activities on the Adelaide Metropolitan Passenger Rail Network (AMPRN).

The Services may be required by the Department for Planning, Transport and Infrastructure (DPTI) or it’s contractors.

The Principal does not guarantee the quantity or value of work allocated to any Panel member or even that any work will be provided to a Panel member (refer also Clause4 “Quotations” of the DPTI Panel Agreement for the Provision of Minor Works and Field Services.)

2.  BACKGROUND

State and Federal funding provides for a significant investment over 10years into the public transport system to deliver faster, cleaner, more frequent and efficient services for commuters. Rail Revitalisation forms the centrepiece of this investment to transform the metropolitan passenger rail network by delivering a number of rail initiatives including:

·  re-sleepering, replacement and upgrade of turnouts, rail remediation, upgrade of formation structure and upgrade of level crossings;

·  electrification of the Noarlunga (including Tonsley) line;

·  the relocation of the rail car depot to Dry Creek from North Terrace; and

·  Interchange, station and Park ‘n’ Ride infrastructure upgrades.

Revitalisation of the rail network is an extremely large and complex program, which requires a significant amount of detailed planning with many factors to consider such as: