Conditions: Tendering and Contract MWS - (V 4.1.35) (01 August 2013)

Conditions of Contract

Conditions: Tendering and Contract

Minor Works and Services (MWS)

Effective Date: 01 August 2013Version No. 4.1.35

Table of Contents

MWSVersion 4.1.35- Page 3

Issued byProcurement Policy Unit

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Table of Contents

1Conditions of Tendering5

1.1General5

1.2Lodgement of Tenders5

1.3Tenderers to Inform Themselves7

1.4Compliance with NT Procurement Code7

1.5Enquiries7

1.6Site Inspection7

1.7Industry Briefing8

1.8Signing of Documents9

1.9Tender Validity10

1.10Alternative Tenders10

1.11Part Offer and Part Acceptance11

1.12Taxes, Duties, Fees etc.11

1.13Pricing11

1.14Competitive Neutrality11

1.15Industry Accreditation11

1.16Local Development12

1.17Indigenous Development Plan14

1.18Project Control14

1.19Change to Conditions14

1.20Impartiality of Requirements15

1.21Treatment of Low or Aberrant Prices15

1.22Disclosure of Weightings15

1.23Tender Assessment Criteria16

1.24Clarification and Additional Information17

1.25Negotiation17

1.26Performance Report17

1.27Privacy Notice17

1.28Notification of Acceptance17

1.29Debriefing Tenderers18

1.30Specific Site Conditions Royal Darwin Hospital18

1.31Specific Site Conditions Katherine Hospital18

1.32Specific Site Conditions Gove District Hospital19

1.33Specific Site Conditions Tennant Creek Hospital19

1.34Specific Site Conditions Alice Springs Hospital19

1.35Specific Site Conditions Uluru Kata Tjuta National Park20

1.36Specific Site Conditions Kakadu National Park20

1.37Specific Site Conditions Workers Accommodation Jabiru20

1.38Specific Site Conditions Groote Eylandt21

1.39Specific Site Conditions Work on Communities21

1.40Specific Site Conditions NT Prisons21

1.41Specific Site Conditions NT Schools22

1.42Specific Site Conditions Access to Parliament House22

1.43Specific Site Conditions NT Police Fire and Emergency Services Assets22

1.44Specific Site Conditions Aerodromes23

1.45Specific Site Conditions Work In Defence Areas23

1.46Special Security Conditions23

1.47Specified Sub-Contractors23

2Conditions of Contract24

2.1Interpretation of Terms24

2.2Formation of Contract26

2.3Nature of Contract26

2.4Entire Agreement27

2.5General Obligations of the Parties27

2.6Principals Responsibilities and Obligations27

2.7Superintendent and Superintendent's Representative27

2.8Directions27

2.9Contractor's Responsibilities and Obligations28

2.10Contractor's Representative29

2.11Power to Dismiss Workers29

2.12Status of Contractor29

2.13Notices29

2.14Site Rules30

2.15Confidentiality, Publicity and Media30

2.16Industry Accreditation and Standards31

2.17Local Development31

2.18Indigenous Development Plan32

2.19Project Control Plan32

2.20Indemnities32

2.21Insurances32

2.22Time for Commencement33

2.23Time for Completion34

2.24Invoicing and Payment34

2.25Storage of Contractor's Material34

2.26Working Hours34

2.27Obvious Work35

2.28Access to Works and Material35

2.29Materials and Workmanship35

2.30Proprietary Items35

2.31Connection of Services35

2.32Safe Work Practices35

2.33Precautions in Carrying out Works37

2.34Damage to Services37

2.35Care of Work and Cleaning Up37

2.36Protection and Provision for Traffic38

2.37Protection for Occupants38

2.38Protection of Property38

2.39Protection of Equipment38

2.40Strong Wind Precautions38

2.41Custody of Keys Power and Water Assets38

2.42Variations38

2.43Defects Liability Period39

2.44Assignment39

2.45Sub-Contracting39

2.46Disputes39

2.47Termination39

2.48Rights of Principal to Recover Monies40

2.49Contractor's Performance Report40

2.50Goods and Services Tax40

2.51Privacy41

Table of Contents

MWSVersion 4.1.35 - Page 4

Conditions of TenderingGeneral

Unless the contrary intention is indicated this RFT is to be interpreted in the same manner and words have the same meaning as in the Conditions of Contract.

In these Conditions of Tendering the following definitions apply:

'Addendum' means any document expressly stated to be an Addendum, which is issued by the Principal varying some provision in the original RFT prior to the stated closing time and date.

'RFT' means the request for tender inviting offers and includes all conditions, annexures, schedules, attachments and addenda.

'Tender' means all documents lodged by the Tenderer in response to the RFT.

'Tenderer' means the person lodging a Tender in response to the RFT.

Lodgement of Tenders

For the Tender to be considered, the Tenderer shall complete and submit one copy of the documents listed in the section of the Annexure to the Conditions of Tendering and Contract titled Documents to be Lodged (ie all Response Schedules).

a) in English;

b) in the form required, and

c) to be fully received by the stated time and date for closing of the Tender.

Any Tender that does not comply with these conditions or which contains provisions not required or allowed by the RFT may result in the Tender being declared ineligible for consideration.

Oral Tenders or Tenders submitted electronically (other than via the Quotations and Tenders Online eLodgement Service or by facsimile), shall be declared ineligible for consideration.

The Principal will not be liable for any expense or loss, which may be incurred by any Tenderer in the preparation of its Tender. Once lodged, the Tender shall become the property of the Principal.

Closing Time and Date

Tenders will close at the time and on the date stated on the front cover of the RFT.

Lodged by Hand

Tenders delivered by hand (including by a commercial courier service) are not permitted. Any Tender submitted by hand or commercial courier service shall be declared ineligible for consideration.

Lodged by Post

Tenders sent by prepaid post must be directed to the postal address stated on the cover of the RFT.

Lodged by Facsimile

Tenders sent by facsimile must be directed to the facsimile number stated on the cover of the RFT.

Lodged by Electronic Lodgement

Where electronic lodgement has been allowed, Tenders sent by electronic lodgement must be:

a) submitted using the eLodgement button via the Quotations and Tenders Online eLodgement Service as stated on the front cover of the RFT; and

b) in the electronic format as specified (ie .arf, .doc, .docx, .jpg, .pdf, .rtf, .tif, .txt, .xls, .xlsx, .zip).

Tenders lodged in an unspecified electronic format will be invalid and declared ineligible for consideration.

Where select tenders have been sought and access to the RFT is provided from a link contained in the covering email sent inviting the submission of an offer, Tenders must be submitted electronically using the same link.

The Tender may be admitted for consideration on the basis that the transmission of the Tender is acknowledged by the Tenderer as being the true and legal version and is completed, submitted and acknowledged by the stated time and date for closing of Tenders.

In choosing to use the eLodgement option, Tenderers agree to comply with the conditions of use, of the Quotations and Tenders Online eLodgement Service.

If, for any reason, the electronic Tender (except pricing schedule[s]) submitted becomes corrupt, illegible, inadequate or incomplete as a result of transmission, storage, etc. a hard copy or a further electronic copy of the Tender must be provided by the Tenderer on request from the Principal. Pricing schedule(s) submitted electronically that become corrupt, illegible, inadequate or incomplete as a result of transmission, storage, etc. will result in the Tender being invalid and declared ineligible for consideration.

Late Tenders

Tenders received (in full or part) after the stated time and date for closing of Tenders are ineligible for consideration.

Notwithstanding the preceding paragraph Tenderers may appeal such decisions however:

a) Tenders submitted by prepaid post received after the stated time and date for closing of Tenders may be considered only if it can be established to the satisfaction of the Procurement Review Board that the Tender was posted or despatched before the stated time and date for closing of Tenders and in the ordinary course of business would not have been received late. Impressions of company owned franking machines are not acceptable evidence of timely posting or despatch.

b) Tenders submitted via the Quotations and Tenders Online eLodgement Service may be considered only if it can be established to the satisfaction of the Procurement Review Board that they were submitted before the stated time and date for closing of Tenders, as evidenced in the acknowledgment of receipt from the NT Government Tender Lodgement host server.

c) The Procurement Review Board may, but is not obliged to, consider Tenders that appear to its satisfaction to have been submitted prior to the stated time and date for closing of Tenders where those Tenders wer