«Region» Region
CONTRACT
«ContractNumber»/«ContractYear»»
PREQUALIFICATION LEVEL: «Road » & «Structures »
«ContractDesc»
«RoadName»
«SectionName»
TENDER SUBMISSION DOCUMENT
BOOK 1
TENDER DOCUMENTS
● BOOK 1
TENDER SUBMISSION DOCUMENT
○ BOOK 2
CONDITIONS OF CONTRACT
○ BOOK 3
GENERAL AND MANAGEMENT REQUIREMENTS (100 & 200 Series)
○ BOOK 4
ROADWORKS TECHNICAL SPECIFICATIONS (300 – 700 & 900 Series)
○ BOOK 5
STRUCTURES TECHNICAL SPECIFICATIONS (800 Series)
○ BOOK 6
ROADWORKS DRAWINGS
○ BOOK 7
STRUCTURES DRAWINGS
○ BOOK 8
INFORMATION FOR TENDERERS
OTHER INFORMATION
(medium)
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
DIGITAL DESIGN MODEL
Tender Submission Document
Contract XXXX/XX
Page 1 of 74
CONTENTS
Clause
Page No
LOCALITY PLAN ......................................................................................................... 11
INVITATION TO TENDER ............................................................................................ 12
CONDITIONS OF TENDERING FOR MAJOR WORKS CONTRACTS ........................ 19
FORM 1 – PRINCIPAL SUPPLIED ITEMS................................................................... 36
TENDER SCHEDULE A – FORM OF TENDER ........................................................... 37
TENDER SCHEDULE A – FORM OF TENDER ........................................................... 38
TENDER SCHEDULE D – OTHER PROJECT/CONTRACT COMMITMENTS ............ 43
TENDER SCHEDULE E – CONSTRUCTION PROGRAM ........................................... 44
TENDER SCHEDULE F, PART 1 – BUY LOCAL QUESTIONNAIRE .......................... 45
TENDER SCHEDULE F, PART 2 – IMPORTED CONTENT QUESTIONNAIRE .......... 49
TENDER SCHEDULE F, PART 3 – LOCAL CONTENT QUESTIONNAIRE ................ 50
TENDER SCHEDULE G – UNIQUE AND CRITICAL CONSTRUCTION ACTIVITIES . 52
TENDER SCHEDULE H – OUTLINE SAFETY MANAGEMENT PLAN FOR UNIQUE
AND CRITICAL ACTIVITIES ........................................................................................ 53
TENDER SCHEDULE I – OUTLINE TRAFFIC MANAGEMENT PLAN FOR UNIQUE AND
CRITICAL ACTIVITIES ................................................................................................ 54
TENDER SCHEDULE J – OUTLINE COMMUNITY RELATIONS MANAGEMENT PLAN
FOR UNIQUE AND CRITICAL ACTIVITIES ................................................................. 55
TENDER SCHEDULE K – OUTLINE ENVIRONMENTAL MANAGEMENT PLAN FOR
UNIQUE AND CRITICAL ACTIVITIES ......................................................................... 56
TENDER SCHEDULE L – OTHER REQUIRED INFORMATION.................................. 57
TENDER SCHEDULE M – ALTERNATIVE TENDER .................................................. 58
TENDER SCHEDULE N – DECLARATION OF COMPLIANCE WITH THE CODE FOR
THE TENDERING AND PERFORMANCE OF BUILDING WORK 2016 ...................... 59
TENDER SCHEDULE O – DECLARATION OF COMPLIANCE WITH BCI CODE ...... 64
TENDER SCHEDULE P – AUSTRALIAN GOVERNMENT BUILDING AND
CONSTRUCTION WHS ACCREDITATION SCHEME ................................................. 65
TENDER SCHEDULE Q – DISCLOSURE OF CRIMINAL CONVICTIONS .................. 66
TENDER SCHEDULE R – WORKPLACE RELATIONS MANAGEMENT PLAN ......... 67
FORM 2 – FORM OF AGREEMENT ............................................................................ 68
FORM 2 – FORM OF AGREEMENT ............................................................................ 69
MAIN ROADS STANDARD METHOD OF MEASUREMENT FOR CONSTRUCTION
WORKS ........................................................................................................................ 71
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 2 of 74
CONTRACT SPECIFIC ADDITIONS AND AMENDMENTS TO THE MAIN ROADS
STANDARD METHOD OF MEASUREMENT FOR CONSTRUCTION WORKS .......... 72
SCHEDULES OF RATES/BILLS OF QUANTITIES ..................................................... 74
RECENT CHANGES TO TENDER DOCUMENTS
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
(PINK PAGE)
Page 3 of 74
The following amendments or additions to documents for this Contract are
summarised for the attention of Tenderers:
DATE
12 May 2017
LOCATION, AMENDMENT OR ADDITION
CT20 & Tender Schedule P & SCC 40.5 - WHS
Accreditation Scheme – Amended the Act
referenced in establishing the WHS Scheme
DOCUMENT
Conditions
of Tendering
Special
Conditions
of Contract
4 May 2017
CT2 Codes of Practice – Amended to include
reference to the Building Code 2016 & BCI Code
Conditions
of Tendering
CT9 Completion of Tender – included BCI Code as
item 9.13
CT13 Assessment of Conforming and Alternative
Tenders – Included additional information regarding
Assessment of Tenders.
Special
Conditions
of Contract
Tender Schedule N Declaration of Compliance
with the Code for the Tendering and Performance
of Building Work 2016 – Included declaration of
compliance with new Building Code 2016.
Tender Schedule O Declaration of Compliance
with BCI Code – Included declaration of compliance
with new BCI Code.
Tender Schedule R Workplace Relations
Management Plan – Included requirement of
Workplace relations Management Plan
SCC1 Interpretation – Included additional definitions
for the BCI Code and Building Code 2016.
SCC30 Dispute Resolution - Updated to correctly
refer to the Resolution Institute.
SCC34 External Requirements – Included authors
Notes relating to the Building Code.
SCC49 Compliance with the Code for the
Tendering and Performance of Building Work
2016 (Building Code) – Included for compliance with
the Building Code 2016.
CT21 Use of Lobbyist – updated to reference the
current Commissioner’s Instruction No. 16 and the
Integrity (Lobbyists) Act 2016.
23 August 2016
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
CT20 WHS Accreditation Scheme & Tender
Schedule P - Amended the Regulations referenced.
Tender Submission Document
Contract XXXX/XX
Conditions
of Tendering
Page 4 of 74
28 June 2016
Tender Schedule F Part 1 – added reference to the
Industry Capability Network (ICN) in Question 9.
SCC 14 – amended requirement for the Contractors
Representative to be a qualified Engineer and eligible
to have one of the following three Professional
Engineer membership grades at the Institution of
Engineers, Australia – FIEAust, MIEAust, GradIEAust
or to have equivalent professional qualifications suited
to one of the these Professional Engineer
membership grades.
18 December
2015
SCC 47 – Adjustment for Rise and Fall in Costs
Schedule C. Amended the Australian Bureau of
Statistics table referenced.
1 October 2015
CT18 – Government Building Training Policy.
Renamed from the Priority Start Building Policy and
amended requirements to match the new Government
Building Training Policy.
Conditions
of Tendering
Special
Conditions
of Contract
Special
Conditions
of Contract
Conditions
of Tendering
Tender Schedule O – Priority Start Building
Policy. Removed requirements of Tender Schedule
O.
SCC1 – Interpretation. Included additional
definitions to match terms used in the new
Government Building Training Policy.
SCC26 – Payment Claims, Certificates,
Calculations and Time for Payment. Amended
Special
Conditions
of Contract
clause to reference new Government Building
Training Policy.
SCC44 – Government Building Training
Policy. Renamed from the Priority Start Building
Policy and amended requirements to match the new
Government Building Training Policy.
Annexure Part A to the AS2124 General
Conditions of Contract. Removed minimum
number of trainees/apprentices requirement.
18 May 2015
Tender Schedule F, Part 3 – Local Content
Questionnaire – included additional dot point to
Conditions
of Tendering
cover Aboriginal Businesses contribution to the Buy
Local, Local Content score.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 5 of 74
30 March 2015
CT 20, SCC 40.5, OSH (WHS) Accreditation
Scheme: updated title and author notes to amended
Conditions
of Tendering
thresholds for when policy applies. Amended text to
include Alliance/JV requirements including an
unaccredited builder.
Included additional response to Appendix P for an
Alliance or JV including an unaccredited builder when
the Federal WHS Scheme applies.
SCC 15 – Contractor’s Surveyor
Removed reference to ISO 9001:2001
Special
Conditions
of Contract
SCC 16 – Quality
Removed reference to ISO 9001:2001
16 January 2015
CT9.8 – Buy Local Policy, CT13.2 –
Assessment Finalisation & Tender Schedule
F Parts 1-3: Amended to include Korea-Australia
Conditions
of Tendering
Free Trade Agreement (KAFTA) and Japan-Australia
Economic Partnership Agreement (JAEPA)
requirements.
17 January 2014
20 December
2013
Tender Schedule A – amended to include
Tenderers ABN and ACN.
Tender
Schedule A
Tender Schedule F Part 3 – amended
Information To Be Supplied by Tenderer.
Tender
Schedule F
Part 3
Invitation to Tender – added Electronic Tender
Lodgement to Clause 6.
Invitation to
Tender
CT 13 – Assessment of Conforming and
Alternative Tenders – modified Scoring
Methodology in the Non-Price Assessment Table
for Item 2.2 Local Industry Development.
Conditions
of Tendering
Tender Schedule A - Form of Tender – added
requirement for Tenderers claiming a Regional
Business Preference to state their Regional
Business bid address in the Form of Tender.
29 November
2013
CT 1 – Pre-Qualification – added the reference
“National Prequalification System for Civil (Road
and Bridge) Construction Contracts”.
Conditions
of Tendering
CT 4 – Addenda – modified addenda clause.
Tender Schedule F Part 3 – changed
Department of Industry and Resources to
Department of Commerce.
19 July 2013
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Schedule F Part 1 – updated maximum
Regional Business Preference and Regional
Content Preference amounts to $250,000.
Tender Submission Document
Contract XXXX/XX
Conditions
of Tendering
Page 6 of 74
26 March 2013
CT 2 - National Code of Practice – updated to
include the Building Code 2013.
Conditions
of Tendering
Tender Schedule N - Declaration of
compliance – updated to include the Building
Code 2013.
SCC 34 – External Requirements – updated to
include the Building Code 2013
Special
Conditions
of Contract
SCC 49 – National Code of Practice – updated
to include the Building Code 2013.
25 January 2013
CT 2 - National Code of Practice - modified link
to Code and Guidelines.
CT18 – Priority Start Building Policy –
modified website link.
SCC 26 – Payment Claims – modified the
Department of Training and Workforce
Development contact details for Priority Start.
Conditions
of Tendering
Special
Conditions
of Contract
SCC 34 – External Requirements - modified to
reflect May 2012 Implementation Guidelines.
SCC 44 – Priority Start Building Policy –
modified contact details for the Department of
Training and Workforce Development & The
ROADS Foundation
SCC 49 – National Code of Practice – modified
to reflect May 2012 Implementation Guidelines
and link to Code and Guidelines.
4 January 2013
CT 2 - National Code of Practice and Tender
Schedule N - modified to reflect the May 2012
Implementation Guidelines.
Conditions
of Tendering
CT18 – Priority Start Building Policy –
modified contact details for the Department of
Training and Workforce Development
Form 2 – Form of Agreement – modified
signature block
C49 - National Code of Practice - modified to
reflect May 2012 Implementation Guidelines and
requirement for a statutory declaration of
compliance with the Code and Guidelines.
23 February 2012
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Updated hyperlinks to Main Roads and
external websites.
Tender Submission Document
Contract XXXX/XX
Special
Conditions
of Contract
Conditions
of Tendering
Page 7 of 74
23 March 2011
Tender Schedule C – modified layout
CT18 - Priority Start Building Policy – change
of name and contact details for the Department
of Training
Conditions
of Tendering
CT21 – Use of Lobbyist – modify reference to
new Circular
8 March 2011
CT9.12 – Schedule of Rates and Bill of
Quantities – added requirement for electronic
copies of Schedule of Rates and Bill of
Quantities to be submitted with the tender.
Conditions
of Tendering
27 July 2010
Form of Agreement - modified
Conditions
of Tendering
13 May 2010
CT9.8 – Buy Local Policy & Tender Schedule
F Parts 1-3: modified to include Australia –
Chile Free Trade Agreement
Conditions
of Tendering
CT13 – Assessment of Conforming and
Alternative Tenders modified financial capacity
assessment
SCC1 Interpretation –Contractor comprising
more than one person modified
SCC13 – Contractor’s Insurance – Other
Rights and Obligations of Contractor comprising
two or more persons under sub clause 21.8
modified
Special
Conditions
of Contract
SCC47 – Rise and Fall & Schedule C modified
SCC51 Application of Civil Liability Act - new
clause added
SCC52 – Financial Capacity - new clause
added
Attachment 1 – Statutory Declaration –
modified to include financial capacity
requirements
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 8 of 74
1 April 2010
CT 2 - National Code of Practice and Tender
Schedule N - modified to reflect the August 2009
Implementation Guidelines.
Conditions
of Tendering
CT 20 - Federal OSH Accreditation Scheme
includes provision for joint venture requirements.
SCC40.5 – modified requirements under the
Australian Government Building and
Construction OHS Accreditation Scheme
Special
Conditions
of Contract
SCC47 – Adjustment for Rise & Fall - index
changed from (4121) to (3101).
SCC49 - National Code of Practice - modified
to reflect August 2009 Implementation
Guidelines and requirement for a statutory
declaration of compliance with the Code and
Guidelines.
29 July 2009
SCC 15 – Contractor’s Surveyor: amended
surveyor qualification
Special
Conditions
of Contract
22 July 2009
CT1 – Prequalification includes provision for
parent company guarantee (covenantor) if
required.
Conditions
of Tendering
CT 2 – National Code of Practice has been
modified to include the requirement to submit all
documents in the checklist at Tender Schedule N
with the Tender.
CT20 – Federal OSH Accreditation Scheme
and Tender Schedule P: Tenderers required to
be accredited at the time of tenders closing.
CT21 - Use of Lobbyist clause added.
CT22 – Criminal Convictions clause added.
Tender Schedule P – modified to reflect
changes to CT20.
New Tender Schedule Q – Disclosure of
Criminal Convictions
Form of Tender and Form of Agreement
includes parent company guarantee clause (if
applicable).
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 9 of 74
22 July 2009
SCC 1 – Additional definitions for Approvals,
Claim, Convenantor Indirect or Consequential
Loss, Law, Legislative Requirement, Loss,
Principals Personnel and Third Party.
Special
Conditions
of Contract
SCC 4A - New clause “Deed of Guarantee,
Undertaking and Substitution” to replace General
Conditions GC 5.10.
SCC 4B – New clause “Formal Instrument of
Agreement” to modify General Conditions GC
6.2.
SCC 8 – Subcontracting: subclause (d) has
been modified to include disclosure of criminal
convictions.
SCC 12 & SCC 13 – Indemnity and Insurance
clauses reworded.
SCC 19 – Construction Program: modified to
include “work under the Contract”.
22 July 2009
SCC 40.3 - OSH and Traffic Management
Representatives qualifications modified to
comply with Specification 202.
Special
Conditions
of Contract
SCC 44 – Priority Start Building Policy: Reach
Foundation contact details changed.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 10 of 74
LOCALITY PLAN
«ContractNumber»
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 11 of 74
INVITATION TO TENDER
NOTE: (delete all Notes and text in red before printing)
All edits to the downloaded Tender Documents shall be in tracked changes mode. If
all information relating to a clause is deleted then the clause number shall be retained
and the words "NOT USED" shall be inserted against the clause number.
The proposed documents with tracked changes shall be submitted for review by an
SPM/Project Director, the Superintendent, and a Procurement Manager prior to
printing the final batch of documents (refer to Tender Document Procedure 07/4351
Checklist).
When all sections of the Checklist have been signed off, the tracked changes option is
to be turned off, all author’s notes deleted, formatting within the document checked
and the document made Final and placed on the appropriate TRIM Tendering File.
SLK INFORMATION
This is not automatically added to the Cover Sheet - it may be added after or in place
of the "Section Details". Font sizes may need to be reduced to fit everything on one
page
1
PROJECT
This Invitation to Tender is for Contract «ContractNumber»/«ContractYear»
«ContractDesc»
It is a Quality Assurance Contract to AS/NZS ISO AS/NZS ISO 9001:2008
2
PREQUALIFICATION
Invitation to Tender documents will only be issued to Tenderers prequalified to the
appropriate prequalification category(s) at the date of calling tenders. Invitation to
Tender documents will not be issued by Main Roads Western Australia to
Subcontractors.
NOTE:
Select only one of the following boxed clauses (remove the border) as appropriate,
but note that in all cases, the "(or higher)" qualification should be removed where the
highest prequalification category has been nominated. Delete remaining non
applicable boxes.
This is a roadworks only contract.
Tenderers must be suitably prequalified for the roadworks prequalification category
«Road Prequalification» (or higher).
OR
This roadworks contract includes structures.
The Tenderer must be suitably prequalified for the roadworks prequalification
category «Road Prequalification» (or higher), and must either be prequalified for or
engage a subcontractor who must be prequalified for the structures prequalification
category «Bridge Prequalification» (or higher).
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 12 of 74
OR
This is a structures only contract.
Tenderers must be suitably prequalified for the structures prequalification category
«Bridge Prequalification» (or higher).
OR
This structures contract includes roadworks.
The Tenderer must be suitably prequalified for the structures prequalification category
«Bridge Prequalification» (or higher), and must either be prequalified for or engage a
subcontractor who must be prequalified for the roadworks prequalification category
«Road Prequalification» (or higher).
OR
This contract includes both roadworks and structures.
The Tenderer must be suitably prequalified for at least one of the following
prequalification categories:
«Road Prequalification» (or higher), «Bridge Prequalification» (or higher).
In the case where a Tenderer is not prequalified for both categories, the Tenderer
must engage a subcontractor who is prequalified for the prequalification category not
held by the Tenderer.
3
INVITATION TO TENDER DOCUMENTS
The Invitation to Tender comprises the following documents:
BOOK 1 – Tender Submission Document
which includes the following:
Table of Contents
Recent changes to Tender Document (Pink Page)
Locality Plan
Invitation to Tender
Conditions of Tendering – contains:
Form 1 – Principal Supplied Items
Tender Schedules including –
 Form of Tender; and
 Schedule of Rates/Bill of Quantities
Form 2 – Form of Agreement
Special Conditions of Tendering
Contract Specific Additions and Amendments to the Main Roads Standard
Method of Measurement for Construction Works
BOOK 2 – Conditions of Contract
which includes the following:
Table of Contents
General Conditions of Contract AS 2124 Annexure A and B.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 13 of 74
Special Conditions of Contract, (includes Form 3 – Form of Security)
BOOK 3 – General & Management Requirements
which includes the following:
Table of Contents
General Requirements (refer to 100 Series)
Management Requirements (refer to 200 Series)
NOTE:
Road Reference Control Information should be included in Annexure 100 H contained in
Book 3 General and Management Requirements.
BOOK 4 – Roadworks Technical Specifications
which includes the following:
Table of Contents (listing the following specifications)
Earthworks (refer to 300 Series)
Drainage (refer to 400 Series)
Pavement and Surfacing (refer to 500 Series)
Traffic Facilities (refer to 600 Series)
Electrical and Lighting (refer to 700 Series)
Miscellaneous (refer to 900 Series)
NOTE:
SPECIFICATIONS contained in Books 4 and 5 - the main body of the Technical
Specification is designed not to be amended (except where guidance notes indicate
otherwise). All edits of any Technical Specification whether initiated by the PM or a
Consultant, needs to be tracked by using track changes which allows for easy
identification of what changes have been made and aids the review and approval
process. If all information relating to a specific clause is deleted then the clause number
shall be retained and the words "NOT USED" must be inserted.
It is essential that any amendments to the specification (other than those allowed by the
guidance notes) be reviewed and endorsed by the Specification Custodian before being
included. A record of the review and endorsement by the specification Custodian must
be placed on the TRIM file.
The Project Manager must complete the specification amendment checklist located at
the back of each specification to be used for the tender. On completion of the approval
process, prior to final printing of the documents, the tracked changes option is to be
turned off and the document made Final.
The Contents lists in Technical Specifications – Books 3 & 4 should be amended to
match the actual specifications required for this contract.
BOOK 5 – Structures Technical Specifications
which includes the following:
Table of Contents (listing the following specifications)
Structures (refer to 800 Series)
BOOK 6 – Roadworks Drawings
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 14 of 74
which includes the following:
Roadworks Drawings
Cross Sections (as Book 5B)
Note: - for smaller contracts it may be appropriate to have all drawings in a
single book.
-for larger contracts it would be appropriate to reduce the size of the Book, eg
 Book 6A – Roadworks Drawings
 Book 6B – Cross Sections etc.
BOOK 7 – Structures Drawings
which includes Bridges and Major Structures drawings.
Standard Drawings referenced within the Invitation to Tender documents, but
not included within the Books of Drawings above, may be down loaded from
the Main Roads' website at
https://www.mainroads.wa.gov.au/BuildingRoads/StandardsTechnical/Pages/
home.aspx
BOOK 8 – Information for Tenderers
which includes the following:
Table of Contents (listing the following)
Disclaimer;
Ground Investigations;
Principal Supplied Material;
Consultants’ Reports (Including Designers OSH Report).
Tenderers’ attention is drawn to the disclaimer contained in the Information for
Tenderers document. In making use of any of the information contained therein,
Tenderers will be assumed to have made use of the information based on the advice
presented in the document.
Reference Documents to the Invitation to Tender documents shall include, but not be
limited to, the Code of Practice for the Western Australian Building and Construction
Industry, and the Australian Standard Code of Tendering AS 4120 - 1994.
Survey Information
Survey information shall be captured in accordance with Main Roads Survey and
Mapping Standards available at
https://www.mainroads.wa.gov.au/BuildingRoads/StandardsTechnical/Pages/
home.aspx
Digital Design Model
The digital design model in MX GenIO default output Double Precision D23.17 format is
provided on compact disc.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 15 of 74
4
PRE-TENDER MEETING
NOTE:
Select from one of the following options (remove border) and delete boxes not required.
Pre-tender briefings and Site meetings for most Major Works Contracts should be
optional for tenderers to attend, unless there are issues unique to the Site that may affect
tender submissions or crucial to the understanding of the Works, and can only be
addressed by pre-tender briefings and/or by observations at the Site. Project Managers
must be mindful of possible travel and accommodation costs that may be incurred by
Tenderers in respect to the estimated value of the Project, and the real need for the
meeting/s to be mandatory. Reasons for MANDATORY site meeting/s or pre-tender
briefing/s must be documented on the contract tendering file by the Project/Contract
Manager.
A non mandatory pre-tender meeting, including a site inspection, will be held on «date»
at «location» commencing at «time».
OR
A mandatory pre-tender meeting, including a site inspection, will be held on «date» at
«location» commencing at «time». Refer to CT7 of the Conditions of Tendering.
OR
A pre-tender meeting will not be held. Tenderers may visit the site as they wish, provided
that any relevant approvals to enter the site are first obtained.
5
ENQUIRIES
Tenderers seeking clarification of any details provided in the Invitation to Tender
documents must contact:
«ContactName»
«ContactPhone»
«ContactFax»
«Email»
6
Project Manager
number
number
email address
TENDER LODGEMENT REQUIREMENTS
The completed Tender Submission document (the Tender) shall be enclosed in a sealed
package and endorsed clearly on the outside with the words:
“Tender for the
Contract No.
«ContractDesc»
«ContractNumber»/«ContractYear»”.
Tenders shall be addressed to:
Manager Supply and Transport
Main Roads Western Australia
Don Aitken Centre
Waterloo Crescent
EAST PERTH WA
6004
Tenders must be lodged no later than 2.30pm WST on «tender closing day and date».
Tenders delivered by hand, Australia Post or courier are to be lodged in the Tender Box
situated on the Ground Floor of the Don Aitken Centre, Waterloo Crescent, East Perth.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 16 of 74
Tenders sent by post shall be posted early enough to ensure delivery prior to the
time stated above.
Whether the Tenderer delivers the Tender by hand or post (e.g. Australia Post or
courier), it is the Tenderer’s responsibility to ensure the Tender is lodged into the Tender
Box before the nominated closing time.
Tenders delivered electronically are to be submitted by the closing time to
www.tenders.wa.gov.au. Tenderers choosing to submit their tender electronically should
note:
•
the Tender can only be submitted to www.tenders.wa.gov.au if the size of the
Tender is equal to or less than 100 megabytes.
•
the Tenderer must be registered to submit a Tender electronically.
If the Tenderer submits the Tender electronically, then the Tenderer must ensure that the
electronic copy of the Tender is in either .doc, .docx, .pdf, .xls or .xlsx file format and
extensions. Zipped files containing documents in these formats are also acceptable.
If the Tenderer submits the Tender electronically, the Tenderer agrees that:
(a) receipt of the Tender will be determined by the date and time shown on the
electronic tender lodgement service receipt issued or, if no receipt is issued, the
date and time which the Principal’s computer records that the Tender was
received;
(b) if the electronic copy of the Tender contains a virus then, notwithstanding any
disclaimer made by the Tenderer in respect of viruses, the Tenderer must pay to
the Principal all costs incurred by the Principal arising from, or in connection with,
the virus;
(c) lodgement of electronic files may take time and the Tenderer must make its own
assessment of the time required for full transmission of its Tender;
(d) the Principal will not be responsible in any way for any loss, damage or corruption
of the electronic copy of the Tender;
(e) if the electronic copy of the Tender becomes corrupted, illegible or incomplete as a
result of transmission, storage, encryption or decryption, then the Principal may
request the Tenderer to provide another copy of the Tender either electronically or
in hard copy or both;
(f) if the Principal requests the provision of another copy of the Tender, then the
Tenderer must;
(i) provide the copy in the form or forms requested within the period specified by
the Principal;
(ii) provide a statutory declaration that the copy is a true copy of the Tender which
was electronically submitted by the Tenderer and that no changes to the Tender
have been made after the initial attempted electronic submission; and
(iii) provide a copy of the electronic tender lodgement service receipt for the initial
attempted electronic submission.
Late tenders will not be accepted, except where it is clear that Main Roads has
contributed to the lateness.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 17 of 74
Tenderers must not withdraw their Tender prior to the expiration of three calendar
months from the date of closing of Tenders.
TENDERS SUBMITTED BY FACSIMILE MAIL WILL NOT BE ACCEPTED.
Late or Informal Tenders received after the closing time will only be accepted if
explicit and conclusive evidence of mishandling by Main Roads exists.
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 18 of 74
CONDITIONS OF TENDERING FOR MAJOR WORKS
CONTRACTS
NOTE:
The Conditions of Tendering shall be modified in accordance with the Author Notes for
the respective CT. Any additional “Special “ Conditions of Tendering shall be approved
by Manager Supply and Transport.
CT 1
PRE-QUALIFICATION
To be eligible to Tender, Tenderers must be pre-qualified with the Principal in
accordance with the National Prequalification System for Civil (Road and Bridge)
Construction Contracts (refer to the Guidelines at www.mainroads.wa.gov.au) and to the
pre-qualification requirements shown in the Invitation to Tender.
If the Tender price exceeds the Tenderers financial limit for the relevant pre-qualification
category, the Principal will consider the Tender.
Where the conditions of a Tenderer’s prequalification required the Tenderer’s parent
company or another covenantor to give an undertaking to provide a guarantee and
indemnity, the Principal will require that parent company or other covenantor to be a
party to the contract and provide the covenants contained in Clause 5.10 of the General
Conditions (see SCC 4A). If there has been any material change in that parent
company’s or other covenantor’s financial circumstances since the date of the last
annual financial statements submitted to Main Roads, the Tenderer must include full
details of that change with its Tender.
CT 2
2.1
CODES OF PRACTICE
Code of Practice for the Western Australian Building and Construction
Industry
In consideration of being permitted to Tender, Tenderers must undertake as a
fundamental condition to act in accordance with the Code of Practice for the Western
Australian Building and Construction Industry in this Tender and in any Contract arising
out of this Tender.
2.2
Australian Standard Code of Tendering
Tenderers must also undertake to comply with the Australian Standard Code of
Tendering AS 4120 - 1994.
2.3
Building Code 2016
NOTE:
The Building Code applies where the building work under a contract is indirectly funded
(through grant and other programmes) by the Australian Government and where the
Commonwealth contribution is:

At least $5 million and represents at least 50% of the total construction value; or

$10 million or more irrespective of the proportion of Commonwealth funding.
Contact Budget & Programming Branch to determine if this contract satisfies the above
criteria. If not applicable, remove text below and replace with “Not Applicable”.
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The Australian Building and Construction Commission (ABCC) will determine if a
Workplace Relations Management Plan (WRMP) is required. Refer to Tender Schedule
N item 8(d) should a WRMP not be required and replace Tender Schedule R with NOT
USED.
Delete this instruction prior to printing.
2.3.1
In this clause 2.3:
ABCC
means the body referred to in subsection 29(2) of the Act.
Act
means the Building and Construction Industry (Improving
Productivity) Act 2016.
Building Code
means the Code for the Tendering and Performance of
Building Work 2016, which is available at
https://www.legislation.gov.au/Details/F2017C00125
Building Work
has the same meaning as in subsection 3(4) of the Building
Code.
Commonwealth
Funded Building
Work
means Building Work in items 1-8 of Schedule 1 of the Building
Code.
Exclusion Sanction
has the same meaning as in subsection 3(3) of the Building
Code.
Related Entity
has the same meaning as in subsection 3(2) of the Building
Code.
2.3.2
The Building Code applies to the Works.
2.3.3
The Principal will only enter into a contract in relation to the Works if the
successful Tenderer:
(a) is not subject to an Exclusion Sanction;
(b) has not had an adverse decision, direction or order made by a court or
tribunal for a breach of the Act, a designated building law, work health and
safety law or competition and consumer law which has not been stayed or
revoked and for which the period for compliance has expired without the
Tenderer having complied with the decision, direction or order;
(c) declares that it will only use products in relation to the Works that comply
with the relevant Australian standards published by, or on behalf of,
Standards Australia; and
(d) has submitted a Workplace Relations Management Plan with their tender for
approval by the ABCC in accordance with Part 6 of the Building Code, and
that the Workplace Relations Management Plan has subsequently been
approved by the ABCC.
2.3.4
The Principal will exclude Tenderers from further consideration if at any time
before a contract is executed in relation to the Works the Principal considers
that they do not comply with the requirements in clause 2.3.3.
2.3.5
The Principal may exclude Tenderers from further consideration if at any time
before a contract is executed in relation to the Works they are excluded from
performing Building Work funded by a state or territory government.
2.3.6
As part of their tender, Tenderers must submit:
(a) a signed “Declaration of Compliance” as set out in Tender Schedule N;
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(b) a response to the further information outlined in Attachment A to the
“Declaration of Compliance”; and
(c) a Workplace Relations Management Plan as set out in Tender Schedule R.
2.4
BCI Code
The Western Australian Building and Construction Industry Code of Conduct 2016 (BCI
Code) was developed to ensure that Western Australian government agencies, when
expending public funds, contract with building contractors that conduct themselves in a
reputable, fair, safe and responsible manner, both in dealings with the State of Western
Australia and within the building and construction industry more broadly. A copy of the
BCI Code is available from https://www.commerce.wa.gov.au/publications/wa-buildingand-construction-industry-code-conduct-2016
See CT 9.13 for more details.
CT 3
INFORMATION PROVIDED BY THE PRINCIPAL
Tenderers should note that information provided by the Principal and not forming part of
the Tender Documents or any addenda:
(a)
is provided only for the convenience of Tenderers and is not part of the
Contract. The Principal does not guarantee the information and the Principal
accepts no responsibility for interpretations placed on it or for its use;
(b)
will not form part of the Contract; and
(c)
must not be taken as an exhaustive statement of conditions which may be
encountered during the course of the work under the Contract.
CT 4
ADDENDA
Addenda to the Tender Documents may be issued prior to the close of the Tender Period
for the purpose of clarifying the Tender Documents or to effect modification in the design
or to Contract terms. Where Tenderers are in doubt as to the true meaning of any part of
the Tender Documents they should notify the Principal and obtain clarification prior to
delivering their Tenders. Any interpretation of the Tender Documents will be made only
by formal Addenda to the Tender Documents. The Principal is not responsible for any
other interpretation. Addenda will be distributed to all Tenderers to whom the Principal
has a record of receiving the Tender Documents, provided that the Tenderer is still part
of the procurement process at the time of issue of the addendum.
All Addenda issued become part of the Tender Documents and one signed copy of every
page of each Addendum must be attached to the Tender.
CT 5
GENERAL CONDITIONS OF CONTRACT
The General Conditions of Contract are the Australian Standard 2124 - 1992
incorporating Annexure A and B but not incorporating Australian Standard 2125 - 1992
and Australian Standard 2127 - 1992.
Tenders must comply with and be based on the General Conditions of Contract
(including Annexure A and B). The General Conditions of Contract will be deemed to
have been issued and constitute part of the Tender Documents.
CT 6
PRINCIPAL SUPPLIED ITEMS
NOTE:
Where there are no Principal Supplied Items, retain the heading and replace the clause
text with "Nil". Also modify Form 1.
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Details of Principal supplied items are listed in the attached Form 1.
CT 7
TENDERERS TO INFORM THEMSELVES
Tenderers are required to and will be deemed to have:
(a)
examined carefully and to have acquired full knowledge of the contents of the
Drawings, Specification, Tender Schedules, Schedule of Rates or Bill of
Quantities as applicable, Conditions of Tendering, the General Conditions of
Contract and the Special Conditions of Contract (if any), Main Roads
Standard Method of Measurement for Construction Works (see CT 9.12) and
any other information made available in writing by the Principal to the
Tenderers for the purpose of tendering; and
(b)
examined all information relevant to the risks, contingencies and other
circumstances having an effect on their Tender and which is obtainable by
the making of reasonable inquiries; and
(c)
examined the site and its surroundings; and
(d)
satisfied themselves as to the correctness and sufficiency of their Tender for
the work and that their tender rates and prices cover the cost of complying
with all their obligations under the Contract whether expressed or implied and
of all matters and things necessary for the due and proper performance and
completion of the Contract.
Failure to do all or any of the things deemed to have been done above will not affect
the successful Tenderer's liability to perform and complete the obligations of the
Contractor under the Contract.
Failure to attend any mandatory pre tender meeting will result in the tender
being ineligible for consideration.
CT 8
BUILDING & CONSTRUCTION INDUSTRY TRAINING LEVY
The Building and Construction Industry Training Levy, as required by the
Government of Western Australia Building and Construction Industry Training Fund
and Levy Collection Act (1990), is payable by the Contractor and must be
allowed for in the Tender Price.
CT 9
COMPLETION OF TENDER
NOTE:
Select from one of the following options depending on whether a single or two
stage tender submission process is going to be used.
(Option 1) - Single Stage Tender Submission Process
The timing of this stage 1 will vary between contracts depending on the risks
identified. The recommended minimum tender period is four (4) weeks but may be
extended as required.
9.1 The Tender submission process is single stage. This requires all Tenderers
to complete the Tender Schedules as indicated.
See CT 13 for more details.
OR
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(Option 2) - Two Stage Tender Process
The time period for this stage 2 will vary between contracts depending on the
amount of detailed information that is being sought from the Preferred Tenderer in
Tender Schedules G – K. Three (3) weeks is the recommended maximum, while
the minimum could be Nil - in which case, the Single Stage Tender Process
clauses may be used.
9.1
The Tender submission process is in two stages.
Stage One requires all Tenderers to submit the requested information, including
outline details of any identified unique and critical construction activities and the
requisite Outline Management Plans as described in CT9.9 and CT9.10
respectively. The outline details and Plans need to be in sufficient detail to
demonstrate the Tenderers’ understanding of the work, issues, risks and costs. A
Preferred Tenderer may be selected, generally based on its lowest priced
conforming Tender or best value alternative Tender.
Stage Two requires the Preferred Tenderer to submit, within the time specified by
the Principal in its notice of Preferred Tenderer status, a detailed submission in
respect of any identified unique and critical construction activities together with the
requisite Detailed Management Plans to provide assurance to the Principal that the
Tenderer can manage the Works to achieve the specified outcomes. Acceptance
of its Tender will be subject to meeting these requirements. Failure to satisfy these
requirements within the allocated time may result in the Tender being treated as
non-conforming.
See CT 13 for more details.
9.2
Conformity of Tenders and Qualifying Conditions
Tenderers must submit a Conforming Tender in accordance with the Tender
Documents. A Tender that is claimed to be a Conforming Tender, but which contains
non-conformances, will only be considered if the resolution of such non-conformances
is fair and reasonable to each of the other Tenderers.
In addition to a Conforming Tender, a Tenderer may also submit one or more
Alternative Tenders. An Alternate Tender may contain conditions or exceptions and the
consequential price adjustments that differentiate the Alternative Tender from the
Conforming Tender. All Tenderers must complete the first section of Tender Schedule
M.
Where an Alternative Tender contains conditions or exceptions and the consequential
price adjustments which differentiate the Alternative Tender from the Conforming
Tender have not been included in the Alternative Tender, a Tenderer will not be given
the opportunity to submit consequential price adjustments during the Tender
assessment period. However, during the Tender assessment period the Tenderer may
be given the opportunity to withdraw the conditions or exceptions contained in the
Alternative Tender.
When a Tenderer elects to submit an Alternative Tender, it must be detailed in Tender
Schedule M. Where more than one alternative is submitted, each must be clearly
identified. Where conditions or exceptions are priced, the Tenderer must summarise
these in Tender Schedule M, giving details of the consequential price adjustments
associated with the conditions or exceptions that differentiate the Alternative Tender
from the Conforming Tender, and the Alternative Tender price.
9.3
Form of Tender
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The Form of Tender is to be completed without alteration and must be signed by a
Principal of the Organisation (Tender Schedule A).
9.4
Collusive Tendering
Tenderers must submit with their Tender the completed Statutory Declaration in
Tender Schedule B.
9.5
Contract Resource Plan
Tenderers must provide details of their proposed Contractor's Representative,
Management Representative, key supervisory staff, and key plant if applicable to be
used in the Works (Tender Schedule C).
Tenderers must also include details of key sub-contractors and major suppliers to
whom it is intended to subcontract any critical or substantial portion of the Works.
Where the value of the work to be subcontracted to any Subcontractor exceeds $1.5M
(GST inclusive) a financial due diligence check on the Subcontractor must be
conducted by the Tenderer and a signed statement certifying that the Subcontractor
has satisfied this check must be included in Tender Schedule C.
9.6
Other Project/Contract Commitments
Tenderers must include details of other projects/contracts which are likely to be
managed at the same time as the Works and which may affect allocation of resources
(Tender Schedule D).
9.7
Construction Program
Tenderers must submit with their Tender their proposed detailed Construction Program
showing the sequence of activities by which it is proposed to execute the Works
(Tender Schedule E).
9.8
Buy Local Policy
The Buy Local Policy is a government supply policy designed to benefit regional
Western Australia by giving regional suppliers and contractors an enhanced opportunity
to successfully bid for Government contracts.
The Western Australian Government provides price preferences to local Western
Australian businesses when they are in competition for regionally based Government
contracts.
However, price preferences are not applied when Western Australian local businesses
are in direct competition and are in the final analysis with compliant bids received from
other States or Territories of Australia or New Zealand due to the Australian and New
Zealand Government Procurement Agreement (ANZGPA), the United States, Chile,
Korea and Japan (when the purchase is a “covered procurement”) under the Australia –
United States Free Trade Agreement (AUSFTA) or Australia – Chile Free Trade
Agreement (ACI-FTA) or Korea-Australia Free Trade Agreement (KAFTA) or JapanAustralia Economic Partnership Agreement (JAEPA).
In addition, Australian, New Zealand, the United States, Chile, Korean and Japanese
content receives a price preference when in direct competition with imported goods and
services. This is applied as a 20% price impost on the non-ANZ or non - USA or nonChile or non – Korea or non - Japan value of the tendered price. Further information on
the ANZGPA, AUSFTA, ACI-FTA, KAFTA and the JAEPA can be found at the State
Supply Commission's website at
www.finance.wa.gov.au/cms/State_Supply_Commission/Free_Trade_Agreements.aspx
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Bona fide regional businesses located within a prescribed distance from a contract
delivery point are eligible to receive a Regional Business Preference and a Regional
Content Preference. Local Western Australian businesses located outside the
prescribed distance are eligible to receive a Regional Content Preference. Tenderers
should enlist the assistance of the Industry Capability Network (ICN) regarding
opportunities for local WA businesses to be used on this Contract. Contact
details are www.icnwa.org.au and email: [email protected].
Regional purchasing preferences other than imported content impost do not apply to
contracts within the Perth metropolitan area (Zone 1). The prescribed distance, as
defined in the Buy Local Policy, in regional areas from Jurien to Bremer Bay (Zone 2) is
200 km from the point of delivery and 400 km for the remainder of the State (Zone 3)
{refer to Buy Local Policy for Maps of Zones}.
Regional purchasing preferences apply to the price component only, and come into
effect as a notional deduction for Tender assessment purposes. Preferences do not
have any lasting effect on the tendered sum. Offers must represent value for money
and satisfy other criteria such as conformance to specifications and conditions of
contract.
To receive any policy preference, the Tenderer must clearly state the eligible regional
content of its bid and the dollar preference claimed in Tender Schedule F of these
Conditions of Tendering.
Tenderers should ensure that they are aware of the preferences available under the
Buy Local Policy and their application in Tenders.
Copies of the Buy Local Policy are available from the Department of Treasury and
Finance (formerly State Supply Commission), 5th Floor Dumas House, 2 Havelock
Street West Perth. Supporting information and assistance is also available to help
Tenderers and Suppliers as follows:
Helpline:
Country Callers
1 800 806 599
City Callers
9222 5700
[email protected]
Email:
Website Publication:
www.finance.wa.gov.au/cms/State_Supply_Commission/Other_Government_Policies.a
spx
9.9
Unique and Critical Construction Activities and Alternative Tenders
NOTE: Not required if Single Stage Tender Submission Process is used. Retain
heading and remove boxed text below.
Tenderers must submit with their Tender certain outline details for any unique and
critical activities listed in Tender Schedule G.
Where the method of construction is specified in the Tender Documents, consideration
may be given to proposals for an alternative method of construction if the method is
adequately set out with full implications as to the design modifications involved (Refer
to Clause 9.2 and Tender Schedule M).
9.10
Outline Management Plans
NOTE: Not required if Single Stage Tender Submission Process is used. Retain
heading and replace text below with “Not Applicable”.
Tenderers must submit with their Tender certain Outline Management Plans for any
unique and critical activities listed in Tender Schedules H to K.
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The Outline Management Plans submitted by Tenderers will form the basis for the
Detailed Management Plans which must be submitted by the Preferred Tenderer during
Stage Two of the Tender process, and which will form part of the contract.
9.11
Other Required Information
Tenderers must submit details of other requirements as specified in Tender Schedule
L.
9.12
Schedule of Rates and Bill of Quantities
In addition to the requirements of CT5, Tenders must also comply with and be based
on the Main Roads Standard Method of Measurement for Construction Works. The
Main Roads Method of Measurement for Construction Works will be deemed to have
been issued and constitute part of the Tender Documents and are available from
www.mainroads.wa.gov.au/Building Roads/Tender Preparation/Main Roads Standard
Method of Measurement for Construction Works (SMM).
Furthermore:
a)
All rates shall be expressed to two places of decimal.
b)
A rate shall be entered against every item in the Schedule of Rates or Bill of
Quantities and items shall not be grouped together.
c)
Where both the rate and amount against any item contained in a Schedule of
Rates or Bill of Quantities have been omitted then the amount payable
against that item shall be zero.
d)
Where there is a discrepancy between the rate and the associated amount
entered in a Schedule of Rates, the rate shall apply and the amount shall be
adjusted accordingly.
e)
Where there is a discrepancy between the rate and the associated amount
entered in a Bill of Quantities, the amount shall apply and the rate shall be
adjusted accordingly.
f)
For tenders submitted not marked as alternative tenders:
(i)
All items and quantities shall be included in accordance with the
Schedule of Rates or Bill of Quantities as provided at time of
tender by the Principal or as amended by the Principal by the issue
of an Addendum or Addenda.
(ii) Where an item has been removed the item shall be reinserted into
the respective Schedule of Rates or Bill of Quantities and the
amount payable against that item shall be zero.
(iii) Where a different quantity has been entered against an item in a
Schedule of Rates, the different quantity shall be replaced with that
issued by the Principal and the corrected quantity multiplied by the
tendered rate to arrive at a new amount for that item.
(iv) Where a different quantity has been entered against an item in a
Bill of Quantities, the different quantity shall be replaced with that
issued by the Principal and the tendered amount divided by the
corrected quantity to arrive at a new rate for that item.
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(v) Where a different unit has been entered against an item in a
Schedule of Rates or Bill of Quantities, the different unit shall be
replaced with that issued by the Principal.
(vi) Where a different description has been entered against an item in
a Schedule of Rates or Bill of Quantities, the different description
shall be replaced with that issued by the Principal.
g)
9.13
Tenderers must also submit an electronic copy of the Schedule of Rates or
Bill of Quantities in Microsoft Compatible Excel .xlsx or .xls file format and
extensions. Zipped files are acceptable. The hard copy takes precedence
should there be any inconsistencies or errors in the data contained in the
electronic copy.
BCI Code
(a) By submitting a Tender, Tenderers acknowledge and agree that they are subject to
the BCI Code, and must comply with each of the obligations described in the BCI
Code, for the duration of the Procurement Process, and, if awarded a contract as a
result of the Procurement Process, the successful Tenderer will additionally be
subject to the BCI Code, and obliged to comply with each of the obligations
described in the BCI Code, for the duration of the Contract.
(b) Tenderers should note that obligations under the BCI Code are not confined to the
Project, but also extend to Private Covered Building Work (as defined in the BCI
Code) undertaken by the Tenderer.
(c) Tenderers are therefore strongly encouraged to review the BCI Code before
submitting a Tender.
(d) If the Tenderer is subject to a current finding of material BCI Code non-compliance
(as defined in paragraph 30 of the BCI Code), the Tenderer’s submission will be
automatically rejected by the Principal.
(e) If any of the Tenderer’s Related Entities (as defined in paragraph 4.1 of the BCI
Code) are subject to a current finding of material BCI Code non-compliance (as
defined in paragraph 30 of the BCI Code), the Tenderer’s submission may be
rejected by the Principal (in its absolute discretion).
Paragraphs (d) and (e) above apply irrespective of whether the material BCI Code noncompliance was disclosed by the Tenderer in response to this Invitation to Tender and
irrespective of whether such finding was current as at the date of the Tenderer’s
submission.
Tenderers must confirm their compliance by completing the Declaration of Compliance
with the BCI Code contained in Tender Schedule O. Where the Tenderer is an
unincorporated joint venture, a Declaration of Compliance with the BCI Code must be
provided by each member of the joint venture.
CT 10
TENDER PERIOD
Tenders must be lodged in strict compliance with Invitation to Tender Clause 6.
CT 11
VALIDITY OF TENDERS
Tenders remain binding and cannot be withdrawn without the written approval of the
Principal, whose approval may be withheld in his absolute discretion, until the expiration
of three calendar months from the final date fixed for delivery of Tenders. A Tender may
be accepted at any time before the expiration of the three-month period.
CT 12
ADVICE TO TENDERERS
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Tenders will be publicly opened in the ground floor foyer of the Don Aitken Centre
immediately after the nominated closing time for the Tenders. As each Tender is
opened, the name of the Tenderer and the apparent Tender Price will be announced.
Questions related to Tender submissions must be directed to the contact person
nominated in the Tender Submission Document. Questions will not be accepted during
the opening of Tenders.
All grievances relating to the Tender process must be directed to the nominated Probity
Officer, or where a Probity Officer has not been nominated, to the:
Manager Supply and Transport
Main Roads Western Australia
OR
Don Aitken Centre
Waterloo Crescent
East Perth WA 6004
PO Box 6202
East Perth WA 6892
Telephone 9323 4230
Facsimile 9323 4605
Grievances will be handled in accordance with Main Roads' Procurement Grievance
Resolution Process, a copy of which is available on Main Roads' website
https://www.mainroads.wa.gov.au/BuildingRoads/Contracting/Pages/procurement.aspx
Following the opening of Tenders, a hand written list of Tenders (including Tender
Prices) in ascending order of apparent prices will be posted on the Public Notice Board,
located in the ground floor foyer of the Don Aitken Centre. Within one working day of the
opening of Tenders, the hand written list will be replaced with a typed list, which may
include information overlooked during the opening process. The apparent order of
Tenders, as posted on the Public Notice Board, may be subject to change after
conformance and arithmetic checks have been completed.
CT 13
ASSESSMENT OF CONFORMING AND ALTERNATIVE TENDERS
NOTE:
Select from one of the following options depending on whether a single or two stage
tender submission process will be used. Delete box not required.
(Option 1) - Single Stage Tender Submission Process
13.1
This will involve selection of the best value Tender that meets Tender
requirements including those detailed in Tender Schedules. Assessment will proceed as
outlined in CT 13.2
OR
(Option 2) – Two Stage Tender Submission Process
13.1
The Tender assessment process will be undertaken in 2 stages.
Stage One will involve selection of the Preferred Tender based on the Tenderers’
submissions which will include outline details of any unique and critical construction
activities and the requisite Outline Management Plans sufficient to demonstrate their
understanding of the works, issues, risks and costs.
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Stage Two will require the Preferred Tenderer to follow Stage Two of the Tender
process and submit a detailed submission in respect of any identified unique and critical
construction activities together with the requisite Detailed Management Plans which
should address all identified risks including those identified by the Principal and shown in
the Tender Schedules. Assessment will proceed as outlined in CT 13.2.
13.2
Assessment Finalisation
It is the Principal’s policy to only award contracts to organisations whose Tenders:

are assessed as compliant;

demonstrate financial capacity to complete the Contract requirements; and

offer the best value for money outcome for the Western Australian Government.
To meet the Western Australian Government’s Buy Local Policy requirements, in
determining best value for money the Principal will apply any preferences
applicable and consider other socio-economic impacts.
The Principal is not bound to accept the lowest Tender or any part of a Tender.
Assessment will be substantially based on information supplied by the Tenderers.
Information supplied by a Tenderer will be confirmed by:

reference to documented information held by the Principal relating to the
Tenderer’s past performance including the Tenderer’s past performance in
complying with Buy Local commitments;

information provided by the Tenderer including information provided in the Buy
Local Questionnaires;

following up financial and performance references supplied by the Tenderer; and

conducting Tenderer interviews and visits to company premises if required.
To enable a proper assessment to be made, it is essential that Tenderers submit all
relevant information in an accurate and concise format. Poorly presented, or inadequate
information, or understated Buy Local commitments may result in the Tender being
unsuccessful. Tenderers must ensure that Tenders are able to be assessed on a standalone basis, and should not rely on information supplied to the Principal in previous
tenders.
Tenders will be assessed in the following steps:
Compliance Assessment
Tenders will be assessed for compliance with the requirements of the Conditions of
Tender and any Contract requirements, including responses shown in the Tender
Schedules. Compliant Tenders will proceed for further assessment as follows.
Financial Assessment
Tenders will be assessed to determine the Tenderer’s financial capacity to complete the
Contract requirements. To assess financial capacity the Principal may require the
Tenderer to provide up to date financial information, described in the “Contractors
Application Pack” for Prequalification (available from
https://www.mainroads.wa.gov.au/BuildingRoads/Contracting/Prequalification/Pages/Pre
qualification.aspx ) together with any other information deemed necessary, prior to any
Contract award.
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Comparative Price Assessment
The comparative price for each Tender will be calculated by applying any applicable
price preferences or imposts in accordance with the Western Australian Government’s
Buy Local Policy.
Non-Price Assessment
The Western Australian Government’s Buy Local Policy requires all Government
contracts with an estimated value of $750 000 or greater to include “local content” as a
weighted selection criterion. The “local content” selection criterion must have a
weighting of 20% unless an alternative weighting or strategy to assess local content in a
specific purchase or strategy has been approved by the Local Content Advisory
Committee within the Department of Commerce.
The non-price assessment component of the assessment process is designed to take
into account those aspects of the Tender that do not readily translate into absolute dollar
values, but do however have socio-economic benefits in accordance with the
assessment table below.
The criteria on which tenders will be assessed, the maximum weighted score for each
criteria and the scoring methodology is as follows:
Non-Price Assessment Table
Evaluation
Criteria
Item
Score
1
PREQUALIFICATION
80
2
LOCAL
CONTENT
20
2.1
Local expenditure
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SubScore
Scoring Methodology
Tenderers pre-qualified with
the Principal in accordance
with the pre-qualification
requirements shown in the
Invitation to Tender will be
given a weighted score of 80.
5
Tender Submission Document
Contract XXXX/XX
A score out of 10 will be
calculated for each Tender by
dividing the eligible “Local
Content” (as defined by the
Buy Local Policy) of each
Tender by the highest eligible
“Local Content” of the
Tenders received (the Tender
with the highest eligible Local
Content will be the
benchmark/divisor) and
multiplied by 5.
Page 30 of 74
2.2
Local Industry
Development
Total
Percentage
15
A score out of 10 will be
assigned to tenderers that
can provide conclusive
evidence of
actions/measures over and
above those associated with
the delivery of the Contract,
as described in Tender
Schedule F Part 3.
100
NOTE: Item 2.1 in the above Table is not required for contracts within zone 1 (typically
the Metropolitan area) and is to be deleted. If Item 2.1 is deleted then Item 2.2 is to be
re-numbered to Item 2.1 and the Sub-score amended from 15 to 20.
Note:
All scores will be rounded to the nearest increment of 0.5.
A Non-Price Assessment Score for each Tender will be calculated by summing the
weighted scores for all non-price Criteria.
Local Content Assessment
When a bid is received from:

A business that is located in another state or territory of Australia, or in New
Zealand under the Australian New Zealand – Government Purchase
Agreement (ANZGPA); or

A business that is located in the United States (when the purchase is a
“covered procurement” under the Australia United States Free Trade
Agreement (AUSFTA); or

A business that is located in Chile (when the purchase is a “covered
procurement” under the Australia Chile Free Trade Agreement (ACI-FTA)),

A business that is located in Korea (when the purchase is a “covered
procurement” under the Korea-Australia Free Trade Agreement (KAFTA)),

A business that is located in Japan (when the purchase is a “covered
procurement” under the Japan-Australia Economic Partnership Agreement
(JAEPA)),
the local content weighted selection criteria will not be evaluated during the qualitative
assessment. Should the local content criterion not be applicable, the 20% weighting will
be divided proportionally across the remaining criteria.
Value for Money Assessment
The Principal reserves the right to take into consideration any feature of a Tender that
provides a benefit to the Government of Western Australia and the community. Any
additional features will be evaluated in accordance with the value-for-money assessment
process outlined below.
In formulating the recommendation for any acceptance of any Tender or selection of a
Preferred Tender, value-for-money will be assessed by:
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Page 31 of 74
(i)
Identifying the lowest Comparative Price Tender. (This Tender then becomes
the benchmark for the value-for-money assessment).
(ii)
If the next higher priced Comparative Price Tender has a higher Non-Price
Assessment Score than the benchmark, identifying the additional benefits (if
any) offered and assessing if the additional benefit is worth the additional
price.
(iii)
Repeating step (ii) with the remaining Tenders.
(iv)
Determining which of the Tenders, if any, offers the best value for money.
CT 14
RIGHT TO REJECT TENDERS
The Principal is not bound to accept the lowest Tender or any Tender or any part of a
Tender.
CT 15
NOTICES FROM PRINCIPAL
NOTE: Select from one of the following options depending whether a single or two
stage, tender submission process and delete box not required.
(Option 1 – Single Stage Tender Process)
The Principal will serve two notices upon the successful Tenderer:
* Notice of Acceptance of Tender.
* Notice giving Possession of the Site.
OR
(Option 2 – Two Stage Tender Process)
The Principal will serve three notices upon the successful Tenderer:
* Notice Nominating Preferred Tenderer.
* Notice of Acceptance of Tender.
* Notice giving Possession of the Site.
After the Notice of Acceptance of Tender has been issued, the Contractor, and if
applicable the Contractor’s parent company or other covenantor (see CT 1), will be
required to sign and seal (if appropriate) the Form of Agreement.
Although a contract will arise upon Acceptance of Tender as evidenced by a notice of
Acceptance of Tender issued by the Principal to the successful Tenderer, it is a
fundamental condition of that contract that if a formal contract is not entered into within
the time required by Clause 6.2 of the General Conditions, the Principal may take the
work out of the hands of the Contractor or terminate the Contract (see SCC 4B).
CT 16
GOODS AND SERVICES TAX (GST)
For the purposes of completing the price schedule, the Tenderer is required to insert the
GST exclusive amount. In addition, the Tenderer is required to insert the amount of GST
estimated to be payable by the Tenderer. In this clause, "GST" has the same meaning
as set out in the Contract.
CT 17
ANTI-DUMPING
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Tenderers shall ensure that their tenders do not include any dumped goods (ie goods
from overseas that are imported into Australia at less than their normal value, causing or
threatening to cause material injury to an Australian industry producing like goods, or
materially hindering the establishment of such an industry).
Refer to the Government Preferences section of the Buy Local Policy.
CT 18
GOVERNMENT BUILDING TRAINING POLICY
NOTE:
The Government Building Training Policy applies to WA State Government:
•
Building and Construction Contracts with an estimated LABOUR value of $2 million
and over for the construction component of the contract;
•
Maintenance Contracts with an estimated LABOUR component of $2 million and
over to complete the total contract.
For contracts with a lower LABOUR value or non-building, construction, or maintenance
contracts or if the Managing Director of Main Roads in exceptional circumstances has
approved its’ exclusion replace the text of CT 18 with “NOT APPLICABLE”.
The WA Government Building Training Policy (found at www.dtwd.wa.gov.au) is a State
Government policy with an aim to ensure Government achieves a significant contribution
in the engagement of apprentices and trainees in the building and construction industry:
POLICY REQUIREMENTS
The Principal hereby informs tenderers that if awarded a Contract as a result of their
tender, they will be required as a condition of Contract to:
(a) Engage a sufficient number of apprentices and trainees to achieve a “Total
Training Rate” equal to or exceeding the “Target Training Rate” each financial
year as defined by the policy; and
(b) Report every financial year confirmation their compliance with the policy and also
quarterly to monitor progress as required by the policy and the Contract.
For information on the Government Building Training Policy contact:
Project Officer – Government Building Training Policy
Department of Training and Workforce Development
Optima Centre – Building B
16 Parkland Road, OSBORNE PARK, WA 6017;
Telephone: (08) 6551 5607;
Facsimile: (08) 6551 5043;
Email: [email protected]
Website: www.dtwd.wa.gov.au
Postal: Government Building Training Policy
Policy Planning and Research
Department of Training and Workforce Development
Locked Bag 16
OSBORNE PARK DELIVERY CENTRE WA 6916
For information on apprenticeships contact:
Australian Apprenticeship Support Network
Telephone: 13 38 73
Website: http://www.australianapprenticeships.gov.au
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CT 19
ELECTRONIC DOCUMENTS
Any electronic information issued in relation to this tender is issued on the basis that the
Principal accepts no responsibility for any use that may be made of the electronic
information and that the information in hard copy takes precedence should there be any
inconsistencies or errors in the data contained in the electronic copy.
CT 20
AUSTRALIAN GOVERNMENT BUILDING AND CONSTRUCTION WHS
ACCREDITATION SCHEME
Please contact Budget & Programming Branch for assistance to determine if:
1. The Value of the Australian Government funding Contribution is:
 At least $6M and represents at least 50% of the total Construction Project
value; or
 At least $10M, irrespective of the proportion of Australian Government
funding; and
 The head Contract for Building work is greater than $4M.
If these criteria are met, the project may be subject to the WHS Scheme. If so, include
the boxed text below and remove the border.
For contracts that are not subject to the Scheme, leave the heading and replace the text
below with “NOT APPLICABLE”.
The successful Tenderer must be accredited under the Australian Government building
and construction industry Work Health and Safety Accreditation Scheme (the Scheme),
established by the Building and Construction Industry (Improving Productivity) Act 2016,
at the time they lodge their tender as defined under section 5 of the FWBI Act and the
accredited builder must maintain accreditation under that scheme while the building work
is being carried out. *
The successful Tenderer must comply with all conditions of Scheme accreditation and
the National Construction Code performance requirements in relation to building
materials.
*Section 26(1)(f) of the Fair Work (Building Industry – Accreditation Scheme) Regulations
2016 requires additional provisions that apply to join venture arrangements that include
accredited and unaccredited builders. Tenderers are required to seek Determination from
the Office of the Federal Safety Commissioner by providing the following documents:
Accredited Builders must provide:
- An Undertaking in writing, to take full responsibility for work Health and Safety for the
Life of the Contract; and
- An Undertaking in writing, that the building work will be carried out in accordance with
its system for the life of the Contract; and
Each Builder (accredited & non-accredited) must provide:
- An undertaking in writing, that it will carry out the building work in accordance with the
accredited members Work Health and Safety Management System (WHSMS); and
- An undertaking in writing that it will participate fully in any audit of the accredited
member’s WHSMS and the way in which it is implemented on site.
Please refer to
http://www.fsc.gov.au/sites/fsc/resources/az/pages/joint%20venture%20arrangements
Information on the Scheme including the application pack is available from:
Department of Employment and Workplace Relations
Office of the Federal Safety Commissioner (OFSC)
GPO Box 9879
CANBERRA ACT 2601
Telephone No: 1800 652 500
Email: [email protected]
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Website: www.fsc.gov.au
Tenderers must complete and submit with their Tender the information required in
Tender Schedule P - Australian Government Building and Construction WHS
Accreditation Scheme including if applicable evidence they have sought determination
from the Office of the Federal Safety Commissioner.
CT 21
USE OF LOBBYISTS
The Tenderer warrants and represents to the Principal that any "Lobbyist" (as that term
is defined in the Integrity (Lobbyists) Act 2016 (the Act)) that it or any of its officers,
employees, agents or subcontractors has employed, engaged or has otherwise involved,
directly or indirectly, in connection with this Contract, is duly registered as a “lobbyist” as
defined in the ACT and has fully complied with its obligations under it.
CT 22
CRIMINAL CONVICTIONS
(a)
Subject to clause (b), Tenderers must submit details at Tender Schedule Q, of
any director, owners and key management personnel of the Tenderer who:
(i) has a criminal conviction; or
(ii) is currently the subject of any charge pending before a court.
(b)
Tenderers need not disclose details of any conviction which is a “spent
conviction” within the meaning of the Spent Convictions Act 1988.
(c)
The Principal, acting reasonably, will consider the details submitted by the
Tenderer at Tender Schedule Q and is entitled to decline to award the Contract to
a Tenderer, as the Principal deems appropriate in its sole discretion, on the basis
of the information disclosed in Tender Schedule Q.
(d)
All information declared in Tender Schedule Q will be kept confidential and will
only be disclosed to Main Roads personnel authorised by the Manager Supply &
Transport whose contact details are available at CT12.
(e)
Information provided in Tender Schedule Q will not be included in any contract
document arising from this Tender.
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FORM 1 – PRINCIPAL SUPPLIED ITEMS
NOTE:
Where there are no Principal Supplied Items, retain the heading and replace the table
and text below with "Nil".
ITEM
VALUE
($)
DESCRIPTION
TOTAL VALUE ($)
For further details of Principal supplied items refer to the Specification.
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TENDER SCHEDULE A – FORM OF TENDER
FOR
Contract Number: …………………..
Contract Description: …......................................................................................................
To: The Commissioner of Main Roads, Western Australia, Perth
1. Having examined the Tender Documents and any related addenda issued by you for the
construction of the above named works, we offer to construct, complete and maintain the whole of the
said works in conformity with the Tender Documents and addenda at the rates set out in the
[Schedule of Rates in a Schedule of Rates Contract or Lump Sum Price in a Lump Sum Contract
(as applicable)] and Daywork Rates and Prices or such other rates as may be ascertained in
accordance with the General and Special Conditions of Contract.
2. We undertake as a fundamental condition to act in accordance with the Code of Practice for the
Western Australian Building and Construction Industry in this Tender and to comply with the Australian
Code of Tendering AS4120 - 1994.
3. If our Tender is accepted we will arrange provision of security as provided in the General Conditions
of Contract in the amount set out in Annexure Part A of the proposed Form of Contract.
4. If our Tender is accepted the Tender, together with your written acceptance, will constitute a binding
contract between us in accordance with their terms unless and until a formal Agreement is prepared
and executed.
5. In consideration of the trouble and expense incurred by you in preparing the Invitation to Tender
Documents and in examining and considering this Tender, we agree that it cannot be withdrawn by us
before the expiration of three calendar months from the date for close of the Tender Period, and will
remain binding upon us and may be accepted at any time before the expiration of that period.
6. We understand that you are not bound to accept the lowest Tender or any Tender you may receive.
7. We acknowledge that this Tender is subject to the Western Australian Building and Construction
Industry Code of Conduct 2016 (BCI Code) and agrees to comply with each of the obligations
described in the BCI Code, for the duration of the procurement process.
Dated this ……………………….
Day of
…………………………...
…………………………….
month of
……20………….…..
Year of
...................................
…..………………………………….
Print Name
in the capacity of
Signature
Duly authorised to sign Tenders for and on behalf of …..………………………………………………………...
COMPANY NAME - BLOCK LETTERS
ABN ………………………………………….……..
ACN ……………………………………………………..
………………………………………………………………………………………………………………………….
Business Address of Company1
….……………………………………………………………………………………………………………………………………..
Registered Business Address of Company
NOTE 1: IN ACCORDANCE WITH THE WESTERN AUSTRALIAN GOVERNMENT'S "BUY LOCAL POLICY" (INCLUDING ADDENDA), THE
TENDERER'S BUSINESS ADDRESS SHOWN ABOVE WILL BE DEEMED TO BE THE PROPONENT'S BID ADDRESS. IF THE TENDERER
IS AN UNINCORPORATED JOINT VENTURE, A SINGLE BID ADDRESS MUST BE PROVIDED TO MAIN ROADS FOR THE PURPOSE OF
APPLYING THE "BUY LOCAL POLICY". THE TENDERER’S BID ADDRESS WILL BE USED TO MANAGE AND DELIVER THE CONTRACT
OUTCOMES AND WILL BE USED BY MAIN ROADS TO DETERMINE APPLICATION OF THE LOCAL CONTENT CRITERIA AND ANY
PRICE PREFERENCES. THE "BUY LOCAL POLICY" CAN BE LOCATED AT WWW.SSC.WA.GOV.AU.
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Witness: Signature …………………………………………… Print name ……………………………………..
Address of Witness ………………………………………………………………………….……………………….
Occupation of Witness ……………………………………………………………………………………………….
TENDER SCHEDULE A – FORM OF TENDER
(With parent company guarantee provisions)
FOR
Contract Number:………………………
Contract Description:.............................................................................................................
To: The Commissioner of Main Roads, Western Australia, Perth
1. Having examined the Tender Documents and any related addenda issued by you for the
construction of the above named works, we offer to construct, complete and maintain the whole of the
said works in conformity with the Tender Documents and addenda at the rates set out in the
[Schedule of Rates in a Schedule of Rates Contract or Lump Sum Price in a Lump Sum Contract
(as applicable)] and Daywork Rates and Prices or such other rates as may be ascertained in
accordance with the General and Special Conditions of Contract.
2. We undertake as a fundamental condition to act in accordance with the Code of Practice for the
Western Australian Building and Construction Industry in this Tender and to comply with the Australian
Code of Tendering AS4120 - 1994.
3. If our Tender is accepted we will arrange provision of security as provided in the General Conditions
of Contract in the amount set out in Annexure Part A of the proposed Form of Contract.
4. If our Tender is accepted and the conditions of our prequalification require our parent company or
other covenantor to give an undertaking to provide a guarantee and indemnity, we will arrange
execution of the Form of Agreement by our parent company or that covenantor. We confirm no
material change has occurred in that entity’s financial circumstances since the date of the last annual
financial statements submitted to Main Roads. [Tenderer to amend and provide full details if this
statement cannot be made].
5. If our Tender is accepted the Tender, together with your written acceptance, will constitute a binding
contract between us in accordance with their terms unless and until a formal Agreement is prepared
and executed.
6. In consideration of the trouble and expense incurred by you in preparing the Invitation to Tender
Documents and in examining and considering this Tender, we agree that it cannot be withdrawn by us
before the expiration of three calendar months from the date for close of the Tender Period, and will
remain binding upon us and may be accepted at any time before the expiration of that period.
7. We understand that you are not bound to accept the lowest Tender or any Tender you may receive.
8. We acknowledge that this Tender is subject to the Western Australian Building and Construction
Industry Code of Conduct 2016 (BCI Code) and agrees to comply with each of the obligations
described in the BCI Code, for the duration of the procurement process.
Dated this ……………………….
Day of
…………………………...
…………………………….
month of
……20……………...
Year of
...................................
…..………………………………….
Print Name
in the capacity of
Signature
Duly authorised to sign Tenders for and on behalf of …..………………………………………………………...
COMPANY NAME - BLOCK LETTERS
ABN ………………………………………….……..
ACN ……………………………………………………..
………………………………………………………………………………………………………………………….
Business Address of Company1
….……………………………………………………………………………………………………………………………………..
Registered Business Address of Company
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NOTE 1: IN ACCORDANCE WITH THE WESTERN AUSTRALIAN GOVERNMENT'S "BUY LOCAL POLICY" (INCLUDING ADDENDA), THE
TENDERER'S BUSINESS ADDRESS SHOWN ABOVE WILL BE DEEMED TO BE THE PROPONENT'S BID ADDRESS. IF THE TENDERER
IS AN UNINCORPORATED JOINT VENTURE, A SINGLE BID ADDRESS MUST BE PROVIDED TO MAIN ROADS FOR THE PURPOSE OF
APPLYING THE "BUY LOCAL POLICY". THE TENDERER’S BID ADDRESS WILL BE USED TO MANAGE AND DELIVER THE CONTRACT
OUTCOMES AND WILL BE USED BY MAIN ROADS TO DETERMINE APPLICATION OF THE LOCAL CONTENT CRITERIA AND ANY
PRICE PREFERENCES. THE "BUY LOCAL POLICY" CAN BE LOCATED AT WWW.SSC.WA.GOV.AU.
Witness: Signature …………………………………………… Print name ……………………………………..
Address of Witness ………………………………………………………………………….……………………….
Occupation of Witness ……………………………………………………………………………………………….
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TENDER SCHEDULE B – COLLUSIVE TENDERING DECLARATION
CONTRACT Number: …………..
(The Tenderer must complete this Declaration)
I, ................................................................, of .......................................................... do
solemnly and sincerely declare, in respect of the Tenderer for ....................................... .
("the Tender") or any contract arising from the Tender, that:
1.
I hold the position of .............................................................................. and am duly
authorised by ...................................................................... ("the Tenderer") to make this
declaration on its behalf.
2.*
Neither the Tenderer nor any of its employees or agents has entered into any contract,
arrangement or understanding to pay monies or provide any benefits to any trade
association arising out of or in relation to any Contract resulting from the Tender except as
stated herein and, apart from the normal amount (annual subscription, turnover or contact
fee) imposed by that trade association.
2.*
The Tenderer has agreed to pay a special fee(s) of $.........................................
to the following trade association(s)…………………………………………………
…………………………………………………………………………………………..
if it is successful in the Tender, for the purposes of ………………………………
…………………………………………………………………………………………..
(* delete and initial whichever is inappropriate)
3.
Neither the Tenderer nor any of its employees or agents had any knowledge of the price or
the approximate price range of any other Tenderer prior to submitting the Tender nor has the
Tenderer or any of its employees or agents disclosed to any rival Tenderer the Tenderer's
Tender price or proposed Tender price prior to the closing of Tenders.
4.
The Tenderer submitted the Tender in good faith and has not deliberately set its Tender
price above the Tender price of rival tenderers.
5.
As at the date of this declaration, the Tenderer intends to do the work set out in the Tender.
6.
Neither the Tenderer nor any of its employees or agents has entered into any contract,
arrangement or understanding having the result that, in the event that the Tenderer is
successful in the Tender, it will pay to any unsuccessful Tenderer any monies or provide any
benefits in respect of, or in relation to the Tender or any resulting contract.
And I make this solemn declaration under the Oaths, Affidavits and Statutory Declaration Act 2005
Subscribed and declared at ..................................……….....)
Dated this
day of
month of
20
Year of
____________________________
Signature of Declarant
before me:
____________________________
Justice of the Peace/other person by law authorised to administer an oath
(Declarations and Attestations Act 1913)
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TENDER SCHEDULE C – CONTRACT RESOURCE PLAN
The Tenderer must complete and submit the following details:
PROVIDE NAMES AND CV’s OF THE PROPOSED PERSONNEL:
Position
Name of Nominated
Personnel
CV Attached
(enter Yes)
Contractor's Representative
Management Representative
Enter Position Titles for other Key
Supervisory Personnel below:
PROVIDE THE FOLLOWING DETAILS OF THE PROPOSED KEY PLANT AND
EQUIPMENT:
Plant Type
Manufacturer
Date Manufactured
PROVIDE DETAILS OF PROPOSED KEY SUBCONTRACTORS AND MAJOR SUPPLIERS:
Subcontractors for the following critical processes must have Third Party Certification for
their Quality Management System to AS/NZS ISO 9001
For the Manufacture and or Supply of: (Refer to Annexure 201E)
<<Authors Note – Modify the critical processes below to suit the contract – and delete this
Note before finalising this Tender Document>>
Critical Process
Provide Name of Proposed
Subcontractors / Major Suppliers
Third Party
Certified to
AS/NZS 9001
Yes
No
Aggregate
Asphalt
Bitumen Products
Concrete
Culvert Pipes and Boxes
Limestone
Rockbase
Signs
Steel fabrication
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Steel reinforcing
Asphalt laying
Cement stabilization of Pavements
Bitumen stabilisation limestone
Cement stabilisation pavements
HCTCRB
Pavement markings
Sealing
Prestressing / Tensioning
Electrical and Lighting
Intelligent Transport Systems
Traffic Control Signals
PROVIDE THE FOLLOWING DUE DILIGENCE INFORMATION FOR THE PROPOSED
SUBCONTRACTORS:
The Tenderer must provide the following details of Subcontractor(s) to whom it is intended
to subcontract any portion of the works exceeding $1.5M (GST inclusive).
Subcontractor’s
Name
Subcontractor’s
Address
Description of the Works to
be Subcontracted
Estimated
Value
A financial due diligence check on each of these Subcontractors must be conducted by
the Tenderer and this Schedule signed to certify the Subcontractor(s) have satisfied this
check.
Where it is not intended to subcontract any portion of the works exceeding $1.5M (GST
inclusive) enter “No subcontracting exceeding $1.5M” into this Schedule and sign the
declaration below.
I/We certify that a financial due diligence check has been carried out on the above
Subcontractor(s), and the Subcontractor(s) has the financial capacity to complete the
proposed subcontracted work.
____________________________
Signature of Tenderer
_______________________
Name of Tenderer
______________
Date
NOTE: This sheet is for indicating minimum information required. Tenderers may present their information in
their preferred format.
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TENDER SCHEDULE D – OTHER PROJECT/CONTRACT
COMMITMENTS
The Tenderer must provide the following details:
PROJECT
DESCRIPTION
CLIENT
CONTRACT
VALUE
$
COMMENCEMENT
DATE
ANTICIPATED
COMPLETION
DATE
NOTE: This sheet is for indicating essential information required. Tenderers may
present the information in their preferred format.
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TENDER SCHEDULE E – CONSTRUCTION PROGRAM
NOTE: Where specific items are required to be addressed in this section, include
them in the table. For example:
2.
The Tenderer shall state in the Tender the number of days allowed for delay
due to wet weather.
If used add the prefix 1. to the first item.
Delete this instruction prior to printing.
The Tenderer must provide the following details:
The program must be based on the working hours, including all Public Holidays,
specified in the Special Conditions of Contract and must include:
• The dependencies between items of work as normally identified in Critical Path
Analysis methods
• The minimum duration of each work item
• The critical path
• All activity durations in number of days
• An adequate description of each activity
The program must not include specific dates
NOTE: This sheet is for indicating information required. Tenderers may present
the information in their preferred format.
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TENDER SCHEDULE F, PART 1 – BUY LOCAL QUESTIONNAIRE
INFORMATION TO BE SUPPLIED BY TENDERER
NOTE 1: This Questionnaire is not required for contracts within zone 1 (typically the
Metropolitan area). If the questionnaire is not used, replace the Schedule text with
“NOT APPLICABLE”.
If the Contract is in the Metropolitan Area, delete the Schedule text and add " - NOT
APPLICABLE" to the title. {See also earlier note for CT 9.8.}
The contract delivery point for this contract must be determined and inserted into the
appropriate place in below.
The prescribed distance for this contract is to be calculated in kilometres (km) and
inserted in the appropriate place in Tender Schedule F.
The Western Australian Government provides price preferences to Western Australian
businesses when they are in competition with other Western Australian businesses for
government contracts where the purchase or contract point of delivery is in regional Western
Australia.
Price preferences are not applied when compliant bids received from businesses located in
Western Australia are being directly compared, in the final bid analysis, with compliant bids
received from businesses located in other States or Territories of Australia, New Zealand, the
United States, Chile, Korea and Japan (when the purchase is a “covered” procurement”) under
the Australia – United States Free Trade Agreement or Australia – Chile Free Trade Agreement or
Korea-Australia Free Trade Agreement or Japan-Australia Economic Partnership Agreement.
Tenderers should refer to the Conditions of Tendering Clause 9.8 for further details.
The Principal reserves the right during the evaluation of the Tenders to request from the Tenderer
evidence to the satisfaction of the Principal to verify the validity of the Tenderer’s claim for any
financial preference. When a Tenderer is unable to provide evidence to the satisfaction of the
Principal that verifies the validity of the Tenderer’s claim for a preference then the Tenderer’s
claim for that preference may be considered invalid and the preference may not be applied to the
Tender.
If Alternate Tenders are submitted, a separate questionnaire must be submitted for each Alternate
Tender containing different regional management or content.
For the purpose of applying Buy Local Preferences:
•
The contract delivery point for this contract is: ________________________
NOTE: To be completed by the Principal. Please insert the contract delivery point.
Delete this instruction before the tender document is printed.
•
The prescribed distance for this contract is: _________________ km.
NOTE: To be completed by the Principal. Please insert the prescribed distance. Eg
200km for Zone 2 or 400km for Zone 3. Please refer to the Buy Local Policy for zone
maps.
APPLICATION OF PRICE PREFERENCES TO BE COMPLETED BY ALL
TENDERERS
To be eligible for price preferences, businesses must be registered or licensed to carry
out business in Western Australia.
Yes
1
No
Is your business registered or licensed to carry out business in
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Western Australia?
Businesses answering “no” to this question do not need to complete the rest
of this questionnaire.
REGIONAL BUSINESS PREFERENCE
Eligible regional businesses located within the prescribed distance from the purchase or contract
point of delivery that bid, manage/deliver the majority of the contract outcomes from their regional
business location are eligible to claim the regional business preference.
Government agencies, when comparing bids received from regional businesses located within the
prescribed distance, with bids received from Western Australian businesses located outside the
prescribed distance, including the Perth region, will reduce the price of the bids from the regional
businesses located within the prescribed distance, for evaluation purposes only, by 5% of the total
bid cost calculated to a maximum of $250,000. The preference is calculated by the Principal.
An eligible regional business is one that can answer “yes” to questions 2 to 6 below.
To receive the regional business preference and to ensure the preference is applied correctly
where appropriate, regional businesses must complete the following questionnaire.
Regional business preference to be completed by Tenderers managing/delivering
contract outcomes from offices located within the prescribed distance
Yes
No
2 Is your business located within the prescribed distance from
the purchase or contract point of delivery stated at the top of
this questionnaire (excluding zone one, the Perth region)?
3
Does your business maintain a permanent operational office
within the prescribed distance?
4 Has your business maintained and conducted business from
this office for the past six (6) months or more prior to the date
this tender/quotation was called?
5 Will your business manage/deliver the majority of the contract
outcomes from a business location meeting the three questions
above?
6 The regional business preference is only available to eligible
regional businesses that bid from their regional business
location. Have you bid from your business location meeting the
questions above?
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REGIONAL CONTENT PREFERENCE
A regional content preference is available to all Western Australian businesses, including
businesses located in the Perth region and businesses located inside or outside the
prescribed distance that use goods, materials or services in regional contracts that are
purchased from businesses located within the prescribed distance. The preference
applies to the cost of goods, materials or services purchased and used in the delivery of
the contract outcomes.
Estimated costs associated with wear and tear on plant and equipment, principal
supplied materials, goods and services supplied by government utilities (excluding local
government) and all costs associated with travel, accommodation and meals for workers
are not eligible for the regional content preference. This includes, travel, accommodation
and meal costs associated with sending people from outside a prescribed distance to
work on a regional contract and all ongoing travel, accommodation and meal costs
associated with the delivery of the contract outcome.
In comparing compliant bids received from Western Australian businesses, including the
Perth region, with compliant bids received from Western Australian businesses located
inside the prescribed distance the cost of the declared regional content will be reduced,
for evaluation purposes only, by 5% calculated to a maximum of $250,000. The
preference is calculated by the Principal.
Tenderers claiming a regional content preference must complete questions 7 to 9 to be
eligible for this preference.
Regional content preference to be completed by all Western Australian Tenderers
Yes
No
7 Does your business intend purchasing goods and services for
use in this contract from regional businesses located within the
prescribed distance from the contract delivery point (excluding
zone 1, the Perth region)?
8 If you have claimed an item below for FUEL and you are
located outside the prescribed distance from the contract
delivery point, does the amount claimed exclude the cost of fuel
used for mobilising and/or demobilising? (Please note, the
regional content preference does not apply to the cost of fuel
associated with mobilisation/demobilisation.
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9 List below the goods and services, including proposed subcontracting
arrangements, your business intends purchasing for use on this contract from
regional businesses which are located within the prescribed distance from the
contract delivery point (excluding zone 1, the Perth region). Include the value of the
goods and services (attach additional list if required). Tenderers should enlist the
assistance of the Industry Capability Network (ICN) regarding opportunities for
local WA businesses to be used on this Contract. Contact details are
www.icnwa.org.au and email: [email protected].
Note:
(i)
Claims will only be considered for items which include a description of
the goods/services and the supplier’s/contractor’s name and address. It
is not sufficient to use words such as “various” or “to be advised”.
(ii)
Each type of good/service is to be itemised separately below.
(iii)
Failure to complete any of the information described in the column headings
below may render your claim for regional content preference ineligible.
Description of
Goods/Services
Subcontractor /
Supplier’s Name
Subcontractor /
Supplier’s Name
Value
(GST Excl.)
Total Cost of Regional Content $
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TENDER SCHEDULE F, PART 2 – IMPORTED CONTENT
QUESTIONNAIRE
INFORMATION TO BE SUPPLIED BY TENDERER
The Western Australian Government’s Buy Local Policy provides for government
agencies, when comparing bids, to apply a 20% price impost to the portion of a bid that
comprises good, service or items that have been sourced from overseas, excluding New
Zealand, the United States, Chile, Korea and Japan (when the purchase is a “covered
procurement”) under the AUSFTA, ACI-FTA, KAFTA or JAEPA.
The cost of the good, service or items that have been sourced from overseas is referred
to as imported content.
The “imported content” is calculated in dollar terms and is the estimated duty paid cost of
the portion of the bid sourced from overseas.
The estimated duty paid cost must include the cost of any services related to importing
the good, service or items (eg overseas freight and insurance, software in computer
tenders, consultancy or engineering effort), or any charges of overseas origin together
with customs clearing charges.
The imported content impost is not applied in the case of services purchased separately
or in isolation.
All tenderers are required to complete the imported content questionnaire. Tenderers
that believe there is no imported content in their bid must enter “Nil” on the questionnaire
If Alternate Tenders are submitted, a separate questionnaire must be submitted for each
Alternate Tender containing different imported content.
1
List details of any goods, services or items included in your bid that have been
sourced from another country, excluding New Zealand, the United States, Chile,
Korea or Japan. (Attach additional list if required). Where there is no imported
content, Tenderers are required to state “Not Applicable”.
Price
Schedule
Item No.
Description of Goods/Services/Items
Value
(GST
Excl.)
Country of origin
Total Cost of Imported Content $
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TENDER SCHEDULE F, PART 3 – LOCAL CONTENT
QUESTIONNAIRE
INFORMATION TO BE SUPPLIED BY TENDERER
NOTE: This Questionnaire is not required for contracts below $750,000.
If a local content non price assessment is not used, delete the Schedule text and
add " - NOT APPLICABLE" to the title.
The Western Australian Government’s Buy Local Policy requires all Government contracts with an
estimated value of $750 000 or greater to include “local content” as a weighted selection criterion.
The “local content” selection criterion must have a weighting of 20% unless an alternative weighting
or strategy to assess local content in a specific purchase or strategy has been approved by the
Local Content Advisory Committee within the Department of Commerce.
To benefit fully in the evaluation process Tenderers must provide details of any Local Content
associated with their Tender.
Local Content that shall be addressed by Tenderers in accordance with the Buy Local Policy
(available from
www.finance.wa.gov.au/cms/State_Supply_Commission/Other_Government_Policies.aspx )
including, but not limited to:
•
The proportion of the Tenderer’s workforce consisting of employees from within Western
Australia.
•
The proportion of the Tenderer’s;
1) Workforce who are Aboriginal,
2) Tender Price that comprises the Tenderer’s Aboriginal Workforce,
3) Tender Price that comprises sub-contractors who are a registered Aboriginal
Business in accordance with www.abdwa.com.au .
•
Training programs, skills development and apprenticeships provided to employees within
Western Australia.
•
Details including the estimated value (GST exclusive) of any subcontractors, suppliers or
goods that will be sourced from within Australia, New Zealand, the United States, Chile, Korea and
Japan but not from Western Australian subcontractors or suppliers. This detail together with the
details provided in the Regional Content Section of the Buy Local Questionnaire (if applicable) and
the imported content declared in the Imported Content Questionnaire will be used to assess the
Tenderer’s commitment to local businesses within Western Australia.
•
Any other benefit to the State of Western Australia such as industry development/initiatives
within Western Australia.
Local Content will be evaluated in accordance with the assessment table shown in Conditions of
Tendering Clause 13. Should the Contract delivery point be Regional Western Australia (ie within
Zone 2 or 3) additional weighting will be considered should the Local Content claims, including
those described above, be undertaken within the Prescribed Distance. Tenderers should therefore
identify Local Content undertaken within the Prescribed Distance separate to Local Content within
the rest of Western Australia.
The Principal reserves the right during the evaluation of the Tenders to request from the Tenderer
evidence to the satisfaction of the Principal to verify the validity of the Tenderer’s claim of any Local
Content.
Details of Local Content arising from this Tender.
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NOTE: This schedule identifies the type of information that must be provided by Tenderers. If there
is insufficient space in this schedule, Tenderers may present this information in their preferred
format or attach additional information to support this schedule.
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TENDER SCHEDULE G – UNIQUE AND CRITICAL
CONSTRUCTION ACTIVITIES
NOTE: If using the Single Stage Tender process, this Schedule MUST NOT be used.
Change the title to read "TENDER SCHEDULES G to K - NOT REQUIRED", then
delete these notes and the following four schedules.
For the Two Stage Tender process, using the Author's Notes for guidance, list any
unique and critical construction activities, or, add "- NOT REQUIRED" to the title, then
delete these notes.
The use of this Schedule is restricted to Contracts that involve unique and critical
construction activities that are different to those normally encountered or required by
Contractors in the pre-qualification category selected for the Contract.
The specific items to be addressed in this section are to be inserted into the schedule as
a table, similar to the following example:
The following unique and critical construction activities will need to be addressed by the
Preferred Tenderer when invited to provide a detailed submission for Stage Two of the
Tender process:
•
details, including location, of proposed temporary work structures
•
specific details of the incremental launch methods to be used for structures
•
etc., as required
For Stage One of the Tender process, provide outline details only for carrying out these
activities.
NOTE: Tenderers may present the information in their preferred format.
Where this schedule is not required, the relevant instructions on the Schedule page
should be followed, and also applied to Clause 9.9 {see also previous notes on Clause
9.9 in the Single Stage Tender Process section}
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TENDER SCHEDULE H – OUTLINE SAFETY MANAGEMENT
PLAN FOR UNIQUE AND CRITICAL ACTIVITIES
NOTE: If using the Single Stage Tender process, this Schedule MUST NOT be used: follow notes for Schedule G.
For the Two Stage Tender process, using the guidance notes below, list any unique and
critical activities, or, add "- NOT REQUIRED" to the title, then delete these notes.
1.
Contractors are not permitted to tender for Category 2 Contracts if they do not
meet the pre-qualification requirements stated in the Invitation to Tender.
2.
In meeting pre-qualification requirements, each Tenderer has demonstrated its
capability and capacity to carry out work of similar value and complexity to that
described in the Tender Documents.
3.
Excessively onerous requests for Management Plans to address activities that are
consistent with the normal duties of a pre-qualified Contractor are annoying to
Tenderers, complicate the assessment process and devalue attention to specific
high-risk activities. Activities that are consistent with the normal duties of a prequalified Contractor are best addressed when the Contractor submits its full and
complete Management Plans after the Contract has been awarded.
4.
Schedules H to K should only be used for contracts that involve new technology or
for activities that go beyond the pre-qualified Tenderer's normal experience in
terms of complexity and/or risk.
5.
Typical examples:
• Handling and disposal of known asbestos materials
• Traffic control during works on Mt Henry Structures
• Community relations in North structures
• Push-out structures over an electrified railway
6.
Inclusion of these Schedules in the Tender Document is only permitted when the
Project Manager has identified and listed the risks or items to be addressed, and
agreed their inclusion with the Senior Project Manager.
7.
Insert a table similar to the following where required, or follow the "Not Required"
instructions on the schedule page
The following unique and critical activities will need to be addressed by the
Preferred Tenderer when invited to provide a detailed submission for Stage Two of
the Tender process:
•
specific details of …
•
etc, as required
For Stage One of the Tender process, provide an Outline Management Plan only for
carrying out this unique and critical activity: {or these unique and critical activities.}
NOTE: Tenderers may present the information in their preferred format.
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TENDER SCHEDULE I – OUTLINE TRAFFIC MANAGEMENT
PLAN FOR UNIQUE AND CRITICAL ACTIVITIES
NOTE: If using the Single Stage Tender process, this Schedule MUST NOT be used:
follow notes for Schedule G.
For the Two Stage Tender process, using the guidance notes at Schedule H, list any
unique and critical activities, or, add "- NOT REQUIRED" to the title, then delete these
notes.
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TENDER SCHEDULE J – OUTLINE COMMUNITY RELATIONS
MANAGEMENT PLAN FOR UNIQUE AND CRITICAL ACTIVITIES
NOTE: If using the Single Stage Tender process, this Schedule MUST NOT be used:
follow notes for Schedule G.
For the Two Stage Tender process, using the guidance notes at Schedule H, list any
unique and critical activities, or, add "- NOT REQUIRED" to the title, then delete these
notes.
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TENDER SCHEDULE K – OUTLINE ENVIRONMENTAL
MANAGEMENT PLAN FOR UNIQUE AND CRITICAL ACTIVITIES
NOTE: If using the Single Stage Tender process, this Schedule MUST NOT be used:
follow notes for Schedule G.
For the Two Stage Tender process, using the guidance notes at Schedule H, list any
unique and critical activities, or, add "- NOT REQUIRED" to the title, then delete these
notes.
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TENDER SCHEDULE L – OTHER REQUIRED INFORMATION
NOTE: If the Single Stage process is being used, and this Schedule is NOT required,
delete the whole Schedule, and adjust the title for Schedule G to read "TENDER
SCHEDULES G to L - NOT REQUIRED"
For the Two Stage Tender process, using the guidance notes at Schedule H, list the
other required information, or, add " - NOT REQUIRED" to the title, then delete this
note.
In either case where Schedule L is not required, replace the text of Clause 9.11 with
"Nil."
Either add the table to the Schedule (amended as required to suit the contract
Specifications), or follow the instructions above if "Not Required".
This relates to specific clauses of the tender documents or specifications, which provide
the Tenderer with supply options. For example: DESCRIPTION
PARTICULARS TO BE SUPPLIED BY
TENDERER
Clause 503.16.01 Technical
Specification
Source of Aggregate Supply
Clauses 503.13 & 503.16.02 Technical
Specification
Brand of Adhesion Agent
Clause 860.01 Technical Specification
Details of Structures Bearings
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Tender Submission Document
Contract XXXX/XX
Page 57 of 74
TENDER SCHEDULE M – ALTERNATIVE TENDER
NUMBER OF ALTERNATIVE TENDERS
(if none write NIL}
If the Tenderer elects to submit one or more alternative Tenders, the Tenderer must
provide in this schedule, the details identified in Clause 9.2 {see table below}, and any
amplifying information.
Where more than one Alternative Tender is submitted, each must be clearly identified,
and separately summarised.
Schedule
Item
Alternate Price
Variation from conforming
Tender
ALTERNATE TENDER PRICE:
This table indicates the preferred format for a summary. Tenderers may submit any
amplifying information in their preferred format.
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TENDER SCHEDULE N – DECLARATION OF COMPLIANCE WITH
THE CODE FOR THE TENDERING AND PERFORMANCE OF
BUILDING WORK 2016
AUTHOR’S NOTE:
If Building Code provisions do not apply, delete content of this schedule and replace
heading with “NOT USED”. Refer to CT 2.3.
1. In this Declaration of Compliance:
ABCC
means the body referred to in subsection 29(2) of the Act.
ABC Commissioner
means the Australian Building and Construction
Commissioner referred to in subsection 15(1) of the Act.
Act
means the Building and Construction Industry (Improving
Productivity) Act 2016.
Building Code
means the Code for the Tendering and Performance of
Building Work 2016, which is available at
https://www.legislation.gov.au/Details/F2017C00125
Building Contractor
has the same meaning as in the Act.
Building Industry
Participant
has the same meaning as in the Act.
Building Work
has the same meaning as in subsection 3(4) of the Building
Code.
Commonwealth
Funded Building
Work
means Building Work in items 1-8 of Schedule 1 of the
Building Code.
Enterprise
Agreement
has the same meaning as in the Fair Work Act 2009.
Exclusion Sanction
has the same meaning as in subsection 3(3) of the Building
Code.
Related Entity
has the same meaning as in subsection 3(2) of the Building
Code.
Name of project to
which the Works
relate:
Name of Tenderer,
ABN and ACN:
2. The Tenderer confirms that it has complied with the Building Code in preparing its
tender.
3. The Tenderer acknowledges that it and its Related Entities must comply with the
Building Code in relation to all Building Work described in Schedule 1 of the Building
Code for which an expression of interest or request for tender (however described) is
called on or after the date that the Building Code commenced, being 2 December
2016, and, should it be the successful Tenderer, in relation to the Works.
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Page 59 of 74
4. The Tenderer undertakes to ensure that it and its subcontractors that it subcontracts
any of the Works to, should it be the successful Tenderer, comply with the Building
Code.
5. The Tenderer acknowledges the powers and functions of the ABC Commissioner
and the ABCC under the Act and the Building Code and undertakes to ensure that it
and its subcontractors will comply with any requests made by the ABCC and the ABC
Commissioner within those powers and functions, including but not limited to
requests for entry under section 72 of the Act, requests to interview any person
under section 74 of the Act, requests to produce records or documents under
sections 74 and 77 of the Act and requests for information concerning matters
relating to the Building Code under subsection 7(c) of the Building Code.
6. The Tenderer declares that where it proposes to subcontract any of the Works,
should it be the successful Tenderer, it will:
(a) not enter into a subcontract with a subcontractor who:
(i) is covered by, or has Related Entities covered by, an Enterprise Agreement
that does not meet the requirements of section 11 of the Building Code;
(ii) is subject to an Exclusion Sanction;
(iii) has had an adverse decision, direction or order made by a court or tribunal for
a breach of the Act, a designated building law, work health and safety law or
competition and consumer law which has not been stayed or revoked and for
which the period for compliance has expired without the Tenderer having
complied with the decision, direction or order; or
(iv) unless approved otherwise by the ABC Commissioner, is excluded from
performing Building Work funded by a state or territory government; and
(b) only enter into a subcontract where:
(i) the subcontractor undertakes to only use products in relation to the Works
that comply with the relevant Australian standards published by, or on behalf
of, Standards Australia;
(ii) the subcontractor undertakes to comply with the Workplace Relations
Management Plan approved by the ABCC in accordance with Part 6 of the
Building Code that applies to the Works;
(iii) the subcontractor has submitted a declaration of compliance, including the
further information outlined in Attachment A to the declaration of compliance,
in substantively the same form as the model declaration of compliance
applicable to contractors and subcontractors in relation to the Building Code;
and
(iv) the subcontract with the subcontractor contains clauses in substantively the
same form as the model contract clauses applicable to contractors and
subcontractors in relation to the Building Code.
7. The Tenderer declares that it has provided all of the further information required by
Attachment A to this Declaration of Compliance.
8. The Tenderer declares that:
(a) it is not subject to an Exclusion Sanction;
(b) it has not had an adverse decision, direction or order made by a court or tribunal
for a breach of the Act, a designated building law, work health and safety law or
competition and consumer law which has not been stayed or revoked and for
which the period for compliance has expired without the Tenderer having
complied with the decision, direction or order;
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Contract XXXX/XX
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(c) it will only use products in relation to the Works that comply with the relevant
Australian standards published by, or on behalf of, Standards Australia, should it
be the successful Tenderer; and
(d) it has provided as part of its tender a Workplace Relations Management Plan for
approval by the ABCC in accordance with Part 6 of the Building Code (refer to
Tender Schedule R) [dete paragraph (d) if a WRMP is not required – refer to CT
2.3]
Signature of Tenderer
Name
Title
ATTACHMENT A – INFORMATION REGARDING COMPLIANCE WITH THE CODE
FOR THE TENDERING AND PERFORMANCE OF BUILDING WORK 2016
Tenderers must provide the following information as part of their Declaration of
Compliance. This information can either be set out in this table or in an annexure to
Tender Schedule N.
Item
Requirement
Compliance
1
Is the Tenderer excluded from
performing Building Work funded
by a state or territory government?
If so, the Commonwealth reserves
the right to exclude the Tenderer
from further consideration.
Yes / No
2
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Details:
Yes / No
Tender Submission Document
Contract XXXX/XX
Page 61 of 74
Item
Requirement
Compliance
Does the Tenderer positively
commit to the provision of
appropriate training and skills
development for their workforce,
and, if so, what evidence can the
Tenderer supply in relation to this
(for example, evidence of its
compliance with any state or
territory government building
training policies and evidence of its
support in the delivery of nationally
endorsed building and construction
competencies)?
Details:
3
How many current apprentice and
trainee employees are engaged or
intended to be engaged by the
Tenderer to undertake the Works?
Details:
4
How many and what classes of
persons that hold visas under the
Migration Act 1958 are engaged or
intended to be engaged by the
Tenderer to undertake the Works?
Details:
5
Has the Tenderer within the
preceding 3 years had an adverse
decision, direction or order of a
court or tribunal made against it for
a breach of a designated building
law, work health and safety law or
the Migration Act 1958?
Yes / No
Has the Tenderer or its Related
Entities within the preceding 3
years been required to pay any
amount under an adjudication
certificate (provided in accordance
with a law relating to the security of
payments that are due to persons
in respect of Building Work) to a
Building Contractor or Building
Industry Participant?
Yes / No
6
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Details:
Details:
Tender Submission Document
Contract XXXX/XX
Page 62 of 74
Item
Requirement
Compliance
7
Has the Tenderer or its Related
Entities within the preceding 3
years owed any unsatisfied
judgement debts to a Building
Contractor or Building Industry
Participant?
Yes / No
8
To what extent does the Tenderer
intend to use domestically sourced
and manufactured building
materials to undertake the Works?
Details:
9
What is the Tenderer’s assessment
of the whole-of-life costs of the
project to which the Works relate?
Details:
10
What does the Tenderer consider
the impact on jobs will be of the
project to which the Works relate?
Details:
11
Does the Tenderer consider that
the project to which the Works
relate will contribute to skills
growth?
Details:
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Tender Submission Document
Contract XXXX/XX
Page 63 of 74
TENDER SCHEDULE O – DECLARATION OF COMPLIANCE WITH
BCI CODE
(Insert full name of Tenderer, ABN and/or ACN)
YES
NO
1. Is the Tenderer subject to a current finding of material Code
non-compliance (as defined in paragraph 30 of the BCI Code)?
2. Is any Related Entity of the Tenderer (as defined in paragraph
4.1 of the BCI Code) subject to a current finding of material
Code non-compliance (as defined in paragraph 30 of the BCI
Code)?
If yes, please provide further details, including further information concerning the
relationship between the Tenderer and the Related Entity.
NOTE: If the Tenderer is subject to a current finding of material Code non-compliance, the Tenderer will be
excluded from further consideration in this procurement process. If a Related Entity of the Tenderer is
subject to a current finding of material Code non-compliance, the Tenderer may be excluded from further
consideration in this procurement process.
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TENDER SCHEDULE P – AUSTRALIAN GOVERNMENT BUILDING
AND CONSTRUCTION WHS ACCREDITATION SCHEME
NOTE: The Australian Government Building and Construction WHS Accreditation
Scheme only applies if:
1. The Value of Australian Government funding contribution is:
 At least $6M and represents at least 50% of the total Construction Project
value; or
 At least $10M, irrespective of the proportion of Australian Government
funding; and
 The head Contract for Building work is greater than $4M.
Contact Budget & Programming Branch to determine if this contract satisfies the above
criteria and is subject to the Scheme. For contracts that are not subject to the Scheme,
replace the text of this schedule and CT20 with “NOT APPLICABLE”. Delete this note
prior to printing.
Enter details of accreditation status, including the expiry date of accreditation under the
Australian Government Building and Construction WHS Accreditation Scheme.
Company Name
Accreditation Status
Expiry Date
Requirements for Joint Ventures that include an Unaccredited Builder
If the Tenderer must comply with the requirements as set out in Section 26(1)(f) of the
Fair Work (Building Industry Accreditation Scheme) Regulation 2016, please confirm
date of Determination by the Office of the Federal Safety Commissioner.
Method of Determination
(ie. Letter, Email)
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Date of Determination
Tender Submission Document
Contract XXXX/XX
Response from OFSC
Page 65 of 74
TENDER SCHEDULE Q – DISCLOSURE OF CRIMINAL
CONVICTIONS
Enter details in the table below of each director, owner and key management personnel
who:
(i) has a criminal conviction; or
(ii) is currently the subject of any charge pending before a court.
Where no criminal convictions are being declared write “Nil Return” in the table below.
Full Name of
Director,
Owner, Key
Management
Person
Position Held in
Company
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Description/Type of
Criminal Conviction/s or
Charge Pending
Tender Submission Document
Contract XXXX/XX
Date of
Conviction
Penalty
Page 66 of 74
TENDER SCHEDULE R – WORKPLACE RELATIONS
MANAGEMENT PLAN
NOTE: If Building Code provisions do not apply, delete content of this schedule and
replace heading with “NOT USED”. Refer to CT 2.3.
A Workplace Relations Management Plan (WRMP) is required under Section 25 of the
Code for Tendering and Performance of Building Work 2016 (Building Code) and must
be submitted with the Tenderer’s response to this Invitation to Tender.
The ABCC has developed a guide, which includes a model WRMP, to assist Tenderers
in meeting their obligations under the Building Code. Tenderers are requested to follow
the structure and format of the model when developing their WRMPs.
https://www.abcc.gov.au/building-code/workplace-relations-management-plans
Tenderers to note:
WRMPs cannot be submitted by a Tenderer directly to the ABCC. Any WRMP submitted
directly will not be assessed.
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Contract XXXX/XX
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FORM 2 – FORM OF AGREEMENT
This Agreement is made the.....................................................................of..................BETWEEN
the COMMISSIONER OF MAIN ROADS a body corporate constituted pursuant to the provisions of
the Main Roads Act 1930-1977, Western Australia as amended and having its office at Waterloo
Crescent, East Perth in the State of Western Australia ("the Commissioner") of the one part and
of......................................................................................................................................................
of.....................................................................................................................................................
("the Contractor") of the other part.
WHEREAS the Commissioner is desirous that certain works should be constructed namely:
........................................................................................................................................................
..................................................................... and has accepted a Tender by the Contractor for the
construction completion and maintenance of such works now the Parties agree as follows:
1.
In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the General Conditions of Contract referred to in clause 2(e).
2.
The following documents comprise or are deemed to comprise this Agreement and must be
read in order of precedence as listed:
(a)
This Form of Agreement.
(b)
Notice of Acceptance of Tender.
(c)
The Contractor’s Tender Submission Document including any correspondence
between the Principal and the Contractor prior to Acceptance.
(d)
Special Conditions of Contract.
(e)
AS 2124 - 1992 General Conditions of Contract including Annexure Part A but
excluding the Special Conditions in Annexure Part B.
(f)
Specifications.
(g)
Main Roads Standard Method of Measurement for Construction Works
(h)
Drawings.
3.
In consideration of the payments to be made by the Commissioner to the Contractor under
the Contract, the Contractor covenants with the Commissioner to construct complete and maintain
the Works in conformity in all respects with the provisions of the Contract and comply with all other
obligations on its part contained in the Contract.
4.
In consideration of the construction completion and maintenance of the Works by the
Contractor, the Commissioner covenants to pay to the Contractor the final Contract Sum at the
times and in the manner prescribed by the Contract and comply with all other obligations on its part
contained in the Contract.
Executed by the parties as a deed
The Common Seal of.......................................................................................
}
was affixed by authority of the Directors and in the presence of ...........................................................................................Director
...........................................................................................Director/Secretary
SIGNED by .............................................
as Managing Director of Main Roads
in the presence of :
.......................................................................
Name of Witness
.......................................................................
Signature of Managing Director
.................................................................
Signature of Witness
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 68 of 74
FORM 2 – FORM OF AGREEMENT
(With Parent Company Declaration)
This Agreement is made the.....................................................................of..................BETWEEN
the COMMISSIONER OF MAIN ROADS a body corporate constituted pursuant to the provisions
of the Main Roads Act 1930-1977, Western Australia as amended and having its office at
Waterloo Crescent, East Perth in the State of Western Australia ("the Commissioner");
...........................................................................................................................................................
of.......................................................................................................................................................
("the Contractor") and ………………………………………………………………………………………
of ………………………………………………………………………………………. ("the Covenantor").
WHEREAS the Commissioner is desirous that certain works should be constructed namely:
..........................................................................................................................................
..................................................................... and has accepted a Tender by the Contractor for the
construction completion and maintenance of such works now the Parties agree as follows:
1.
In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the General Conditions of Contract referred to in clause
2(e).
2.
The following documents comprise or are deemed to comprise this Agreement and must be
read in order of precedence as listed:
(a)
This Form of Agreement.
(b)
Notice of Acceptance of Tender.
(c)
The Contractor’s Tender Submission Document including any correspondence
between the Principal and the Contractor prior to Acceptance.
(d)
Special Conditions of Contract.
(e)
AS 2124 - 1992 General Conditions of Contract including Annexure Part A but
excluding the Special Conditions in Annexure Part B.
(f)
Specifications.
(g)
Main Roads Standard Method of Measurement for Construction Works
(h)
Drawings.
3.
In consideration of the payments to be made by the Commissioner to the Contractor under
the Contract, the Contractor covenants with the Commissioner to construct complete and maintain
the Works in conformity in all respects with the provisions of the Contract and comply with all
other obligations on its part contained in the Contract.
4.
In consideration of the construction completion and maintenance of the Works by the
Contractor, the Commissioner covenants to pay to the Contractor the final Contract Sum at the
times and in the manner prescribed by the Contract and comply with all other obligations on its
part contained in the Contract.
5.
In consideration of the Commissioner entering into this Agreement with the Contractor, the
Covenantor has agreed to provide the covenants in Clause SCC 4A of the Special Conditions of
Contract.
Executed by the parties as a deed
The Common Seal of.......................................................................................
was affixed by authority of the Directors and in the presence of ...........................................................................................Director
...........................................................................................Director/Secretary
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
}
Page 69 of 74
The Common Seal of ...... [insert Covenantor's name] ...... was affixed by
authority of the Directors and in the presence of –
…………………………………………………….. Director
…………………………………………………….. Director/Secretary
}
SIGNED by .............................................
as Managing Director of Main Roads
in the presence of :
.......................................................................
Name of Witness
.......................................................................
Signature of Managing Director
.................................................................
Signature of Witness
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 70 of 74
MAIN ROADS STANDARD METHOD OF MEASUREMENT FOR
CONSTRUCTION WORKS
All Tenderers shall be aware that the “Main Roads Method of Measurement for
Construction Works” will be deemed to have been issued and constitute part of the
Tender Documents and are available in PDF format from:
www.mainroads.wa.gov.au/Building Roads/Tender Preparation/Standard Method of
Measurement/Main Roads Standard Method of Measurement (SMM) for
Construction Works
Main Roads Standard Method of Measurement for Construction Works comprises the
following Sections:

PRINCIPLES FOR PREPARING SCHEDULES OF RATES AND BILLS OF
QUANTITIES

PREAMBLES TO THE SCHEDULES OF RATES AND BILLS OF QUANTITIES

UNITS AND METHOD OF MEASUREMENT
Series 100 – General Requirements
Series 200 – Management Requirements
Series 300 – Earthworks
Series 400 – Drainage
Series 500 – Pavement and Surfacing
Series 600 – Traffic Facilities
Series 700 – Electrical and Lighting
Series 800 – Bridges and Major Structures
Series 900 – Miscellaneous
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 71 of 74
CONTRACT SPECIFIC ADDITIONS AND AMENDMENTS TO THE
MAIN ROADS STANDARD METHOD OF MEASUREMENT FOR
CONSTRUCTION WORKS
NOTE:
Main Roads Standard Method of Measurement for Construction Works (SMM) Clause
1.5 of the Principles for Preparing Schedules of Rates and Bills of Quantities provides for
the use of Contract Specific Preambles to describe any methods of measurement that
are adopted in the preparation of Schedules of Rates or Bills of Quantities and that are
not in accordance with SMM.
The following example illustrates the method that can be used where items that are not
currently included in SMM can be added by way of a Contract Specific Preamble. The
example text should be edited to suit the contract specific requirements.
The completed document should be included before the Schedule of Rates/Bill of
Quantities.
Calculations of Measurements rounding up requirements are dealt with in Clause 3 of the
Preambles.
SERIES 100 – GENERAL MANAGEMENT REQUIREMENTS
101
DESCRIPTION OF WORKS
101.1
Classification of Items
Add the following:
•
Media advertising
101.2
Units of Measurement
101.2.1
After Contractor’s programs add; Media Advertising
SERIES 400 – DRAINAGE
407
KERBING
407.1
Classification of Items
Add the following
•
Kerb ends
407.2
Units of Measurement
407.2.2
After kerb openings add; kerb ends
407.3
Method of Measurement
407.3.2
Delete paragraph and replace with:
Pedestrian ramps, kerb openings, kerb ends and driveway kerbs shall be measured as
"Extra Over."
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 72 of 74
407.4
Rates and Prices to be Inclusive
407.4.2
Delete first sentence and replace with:
“In accordance with the Preambles, paragraph 2 General Directions, the rates and prices
for kerb openings and kerb ends shall be inclusive of:”
All Tenderers can obtain a copy of the “SCHEDULES OF RATES/BILLS OF
QUANTITIES” electronic format from:
https://www.mainroads.wa.gov.au/BuildingRoads/TenderPrep/Pages/smm.aspx
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 73 of 74
CONTRACT No. ??/??
SCHEDULES OF RATES/BILLS OF QUANTITIES
CONTENTS
Page
THIS PAGE - CONTENTS ……………………………………………………………………………….1
SCHEDULE No. 1 - GENERAL ITEMS ………………………………………………………………...2
SCHEDULE No. 2 - ROADWORKS …………………………………………………………………….6
SERIES 300 - EARTHWORKS ………………………………………………………………………….7
SERIES 400 - DRAINAGE ……………………………………………………………………………….9
SERIES 500 - PAVEMENT & SURFACING ………………………………………………………….13
SERIES 600 - TRAFFIC FACILITIES …………………………………………………………………16
SERIES 700 - ELECTRICAL & LIGHTING …………………………………………………………...18
SERIES 900 - MISCELLANEOUS ……………………………………………………………….........20
SCHEDULE No. 3 - PROVISIONAL SUMS …………………………………………………............22
SCHEDULE No. 4 - DAYWORK ……………………………………………………………………….24
BILL No. 1 - BRIDGE No. ? OVER ? ………………………………………………………………….26
SUMMARY ……………………………………………………………………………………………….37
MAIN ROADS Western Australia
D13#19116 – 12 May 2017
Tender Submission Document
Contract XXXX/XX
Page 74 of 74