Public Tender Notices

DFAT08-APO-015 - RFT for the provision of fit out works at the Australian Passport Office, Level 13 Casselden Place, 2 Lonsdale Street, Melbourne VIC 3000

Addendum No.4 – 8 May 2008

Additional Information to RFT documentation

The Department of Foreign Affairs and Trade (DFAT) wishes to advise all potential Tenderers that the following information applies to the above Request for Tender (RFT).

Information

Tenderers are advised to read and take into consideration within their tender submission the following requirement:

National Code of Practice for the Construction Industry

The National Code of Practice for the Construction Industry (the Code), in accordance with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines), reissued June 2006, applies to this project.

Copies of the Code and Guidelines are available at www.workplace.gov.au/building.

Details of where the Code will have an impact on the RFT and draft Contract has been provided below.

Amendments

Tenderers are advised that the following request documents have been amended to include the National Code of Practice for the Construction Industry as follows:

1. Request for Tender document; and
2. Draft Contract (Agreement).

Request for Tender (RFT)

(1) Tenderers are advised that the following clause is inserted into Part A of the RFT:

“3.12 National Code of Practice for the Construction Industry and the Associated Government Implementation Guidelines

3.12.1 The term “Sanction” refers to any sanction imposed pursuant to the Guidelines. A Sanction can take the form of, but is not limited to, a formal warning for breaches of the Code and/or Guidelines, a preclusion from tendering for a specified period of time, and/or a reduction in tendering opportunities.

3.12.2 Tenderer’s attention is drawn to the National Code of Practice for the Construction Industry (the Code), and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines), reissued June 2006. Copies of the Code and Guidelines are available at www.workplace.gov.au/building.

3.12.3 By submitting a tender to undertake the work/services, the Tenderer:

(a) will be deemed to have read; and

(b) must comply with,

the Code and Guidelines.

3.12.4 Notwithstanding any other provisions of the Tender documents, Tenderers should be aware that information concerning compliance with the Code and Guidelines, including details of whether or not a sanction has been imposed, may be used by the Commonwealth, its agencies and Ministers, and disclosed to others for the purposes of facilitating compliance with the Code and Guidelines and the exercise of their statutory and portfolio responsibilities. Tenderers shall ensure that their proposed subcontractors are also aware of, and agree to comply with, these rights of use and disclosure.

3.12.5 Tenderers should be aware that the Code and Guidelines apply to:

(a) the project which is the subject of these Tender documents; and

(b) all construction building work undertaken by the Tenderer and its related entities thereafter as defined in the Guidelines, including work on all new privately funded construction projects in Australia. For further information on the definition of privately funded construction projects, see section 2.5 of the Guidelines.

3.12.6 It is a condition of tender that Tenderers comply with the Code and Guidelines. As part of their tender response, Tenderers must submit a signed undertaking of compliance which, among other things:

(a) confirms that the Tenderer and its related entities are compliant with the Code and Guidelines;

(b) confirms that the Tenderer has complied with the Code and Guidelines in preparing its Tender;

(c) confirms that the Tenderer will comply with the Code and Guidelines in performing the Contract should it be the successful Tenderer;
(iv) confirms that the Tenderer will comply with the Code and Guidelines in new privately funded projects undertaken by the Tenderer;

(d) provides the Tenderer’s consent to disclosure of certain information concerning the Tenderer and confirms that the Tenderer’s related entities have consented or will consent to disclosure of certain information concerning them or indicates that the Tenderer and its related entities have not revoked a previously given consent; and

(e) confirms that the Tenderer’s proposed subcontractors have consented or will consent to disclosure of information concerning them.

3.12.7 Each Tenderer must indicate in its Tender response:

(a) how the Tenderer and its related entities have complied with the Code and Guidelines in the past (if the Tenderer has undertaken Australian Government funded construction work in the past);

(b) how the Tenderer intends to comply with the Code and Guidelines in performing the Contract, should it be the successful Tenderer; and

(i) the information detailed in the above subclauses (a) and (b) in relation to each subcontractor, or

(ii) how the Tenderer intends to ensure each subcontractor complies with the Code and Guidelines.

3.12.8 It will be a condition of the Contract that the Contractor shall not appoint a subcontractor, consultant or material supplier in relation to the project where the appointment would breach a Sanction imposed by the Commonwealth.

3.12.9 It is a condition of participation in this Tender that, as at the opening date for this Tender, the Tenderer must not have been:

(a) precluded from tendering for Australian Government funded work; or

(b) specifically excluded from participating in this Tender.

A failure to meet this condition for participation will mean that the Tenderer will be automatically excluded from the Tender, irrespective of whether the conditions listed in clause 3.12.9(a) or (b) above continue to apply at the closing date for this Tender.”

(2) Tenderers are advised that the following sub-paragraph (i) is inserted into clause 6.5 – ‘Evaluation Criteria’ of Part C of the RFT:

“(i) must comply with the National Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines."

(3) Tenderers are advised that the following sub-paragraph (e) is inserted into ‘Schedule 2 – Conditions of Participation’ of the RFT:

“(e) the Tenderer must comply with clause 3.12 of the RFT.”

(4) Tenderers are advised the Tenderer’s Declaration below is inserted at section 8 of Schedule 3 and as attached to this Addendum at Attachment E. Tenderers must complete and submit this declaration as part of their tender, in addition to completing and submitting the Tenderer’s Declaration located at section 7 of Schedule 3 of the RFT document.

“Declaration of Compliance with the National Code of Practice for the Construction Industry and the Australian Government

Implementation Guidelines (Revised September 2005, Reissued June 2006)

The following Declaration of Compliance should be included as an attachment to a request for tender.

This declaration must be completed by the Tenderer and lodged with its Tender. Any Tender in which this schedule is not completed may be regarded as Informal and not considered further in the evaluation of Tenders.

Name of Australian Government project tendered for:

………………………………………………………………………………………

Name of Tenderer, ABN and ACN:

………………………………………………………………………………………

1. The Tenderer confirms that it has complied with the National Code of Practice for the Construction Industry (the Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines), revised September 2005, reissued June 2006, in preparing this Tender.

2. The Tenderer undertakes to comply with the Code and Guidelines in performing the Contract, should it be the successful Tenderer, and to require compliance by its related entities. (Note: Related Entity has the same meaning as given to that term in the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, revised September 2005, reissued June 2006 available at www.workplace.gov.au/building).

3. The Tenderer undertakes to ensure compliance from all subcontractors, consultants and material suppliers engaged on this project, should it be the successful Tenderer. All contracts must expressly require compliance with the Code and Guidelines.

4. The Tenderer agrees to require that the Tenderer and its material suppliers, consultants, subcontractors and its related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, with access to:

(a) inspect any work, material, machinery, appliance, article or facility;

(b) inspect and copy any record relevant to the Project and Works the subject of this Contract;

(d) request a party to this Contract to produce a specified document within a specified period in person, by fax or by post,

as is necessary to allow validation of its compliance with the Code and Guidelines.

6. The Tenderer acknowledges that the Commonwealth, its agencies and Ministers, must be able to disclose information concerning the Tenderer’s and its related entities’ compliance with the Code and Guidelines in order to facilitate compliance with the Code and Guidelines and for the exercise of their statutory and portfolio responsibilities (the Purposes) and, to this end:

(The Tenderer is to delete as applicable)

The Tenderer hereby gives its consent, and confirms that its related entities give their consent, to disclosure by the Commonwealth, its agencies and Ministers, of information concerning the Tenderer’s and its related entities’ compliance with the Code and Guidelines and whether or not a sanction has been imposed on the Tenderer and/or related entity of the Tenderer, for the Purposes.

The Tenderer has previously given its consent, and confirms that its related entities have previously given their consent, to disclosure by the Commonwealth, its agencies and Ministers, of information concerning the Tenderer’s and its related entities’ compliance with the Code and Guidelines and whether or not a sanction has been imposed on the Tenderer and/or a related entity of the Tenderer for the Purposes, and confirms that the Tenderer and its related entities have not revoked that consent.

7. The Tenderer has obtained or will obtain the consent of each subcontractor, material supplier and consultant proposed in its Tender to disclosure by the Commonwealth, its agencies and ministers, of information concerning the proposed subcontractors, compliance with the Code and Guidelines and whether or not a sanction has been imposed on any proposed subcontractor, for the Purposes.

8. The Tenderer acknowledges that sanctions can be applied to subcontractors, material suppliers and consultants that form part of the contractual chain.

9. The Tenderer acknowledges that the consents provided in this undertaking are not limited to this Tender process.

10. The Tenderer will:

(a) Describe how the Tenderer has complied with the Code and Guidelines in the past (if the Tenderer has undertaken Australian Government funded construction work in the past)

…………………………………………………………………………………………

(b) Describe how the Tenderer intends to comply with the Code and Guidelines in performing the Contract should its Tender be successful

…………………………………………………………………………………………

(i) provide the information detailed at (a) and (b) in relation to each subcontractor, material supplier and consultant; or

(ii) detail how the Tenderer intends to ensure compliance with the Code and Guidelines by each subcontractor, material supplier and consultant.

Privately Funded Projects:

The Tenderer declares that, in respect to privately funded projects:

11. The Tenderer and its related entities will comply with the Code and Guidelines on all the Tenderer’s and its related entities’ future privately funded projects.

12. The Tenderer shall maintain adequate records of compliance with the Code and Guidelines by the Tenderer, its material suppliers, consultants, subcontractors and related entities.

13. The Tenderer agrees to require that the Tenderer and its related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, with access to:

(a) inspect any work, material, machinery, appliance, article or facility;

(b) inspect and copy any record relevant to the Project and Works the subject of this Contract; and

Additionally, the Tenderer agrees that the Tenderer and its related entities will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, to produce a specified document within a specified period, in person, by fax or by post.

14. The Tenderer will ensure that the Tenderer and its related entities permit the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, to have access to records and to the related entities’ and subcontractors’ premises (to inspect and copy records), as is necessary to ensure that the material suppliers, consultants, subcontractors and related entities are complying with the Code and Guidelines.

SIGNED by

........................................................

(print name)

........................................................

(position held)

as authorised representative for the Respondent in the presence of:

........................................................

Signature of witness

........................................................

Name of witness (block letters)

Date: ………………………… 2008”

)

..........................................................

By executing this declaration the signatory warrants that the information contained in the submission is true and correct is that the signatory is duly authorised to sign this declaration on behalf of the Tenderer.

Draft Contract

(1) Tenderers are advised that the Terms and Conditions of the Draft Agreement have been amended by the inclusion of the following clause.

“8 NATIONAL CODE OF PRACTICE FOR THE CONSTRUCTION INDUSTRY (the Code)

8.1 The Contractor must comply with the National Code of Practice for the Construction Industry (the Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Guidelines), revised September 2005, reissued June 2006. Copies of the Code and Guidelines are available at www.workplace.gov.au/building.

8.2 Compliance with the Code and Guidelines shall not relieve the Contractor from responsibility to perform the Agreement, or from liability for any defect in the works arising from compliance with the Code and Guidelines.

8.3 Where a change in the Agreement is proposed and that change would affect compliance with the Code and Guidelines, the Contractor shall submit a report to DFAT specifying the extent to which the Contractor’s compliance with the Code and Guidelines will be affected.

8.4 The Contractor shall maintain adequate records of the compliance with the Code and Guidelines by:

(a) the Contractor;

(b) its Subcontractors;

(d) consultants; and

(e) its Related Entities.

8.5 If the Contractor does not comply with the requirements of the Code or the Guidelines in the performance of this Agreement such that a sanction is applied by the Code Monitoring Group, the Commonwealth, without prejudice to any rights that would otherwise accrue, shall be entitled to record that non-compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Contractor or a related entity in respect of work funded by the Commonwealth or its agencies.

8.6 The Contractor shall not appoint a subcontractor, consultant or material supplier in relation to the Project where the appointment would breach a sanction imposed by the Related Entity and Material Supplier has the same meaning as given to that term in the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, revised September 2005, reissued June 2006 available at www.workplace.gov.au/building.

8.7 The Contractor agrees to require that the contractor and its material suppliers, consultants, subcontractors and its related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, with access to:

(a) inspect any work, material, machinery, appliance, article or facility;

(b) inspect and copy any record relevant to the Project and Works the subject of this Contract; and

Additionally, the Contractor agrees that the Contractor and its related entities will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Office of the Australian Building and Construction Commissioner, to produce a specified document within a specified period, in person, by fax or by post.

8.8 For the avoidance of doubt, clause 8.6 above applies in relation to the Contractor’s new privately funded construction sites.

8.9 The Contractor shall ensure that all subcontracts impose obligations on the subcontractor’s equivalent to the obligations under this clause 8.”

___________________________________________________________________________

Tenderers are advised that all other terms and conditions of the RFT remain unchanged.

The closing time for lodgement of tenders is 2:00pm (VIC Local Time) on Tuesday 20 May 2008.

All enquiries regarding this RFT or this addendum should be directed in writing quoting the RFT reference number (DFAT08-APO-015) to: tfisher@hboemtb.com