Request for Quotation Minor Works - low risk low value ... · Web viewThe Contractor must provide the quotation within 5 Business Days after receiving the request. The Contractor’s

RFQ reference: [Insert reference number]

THE STATE OF TASMANIA

Request for Quotation – Building and Construction Minor Works [Insert concise description of the Works]

This Request for Quotation (RFQ) for works is issued bythe State of Tasmania acting through the Department of [insert name].This document comprises the following parts:

Part A: RFQ OverviewPart B: RFQ Information TablePart C: Contract Information TablePart D: Glossary of TermsPart E: Conditions of Quotation

Attachment 1: Conditions of ContractAttachment 2: Plans and specification for the WorksAttachment 3: Quotation Form

Part A: RFQ Overview

In this RFQ, the State is called the Principal.

The works to be carried out are described in Item 1 of the Contract Information Table.

Details about how to lodge a Quotation are set out in Item 3 of the RFQ Information Table.

Conditions of Quotation: Please read the Conditions of Quotation in Part E before submitting a Quotation. The RFQ Information Table in Part B also forms part of the Conditions of Quotation. The Conditions of Quotation are the conditions upon which the Principal is prepared to receive and evaluate Quotations. Failure to strictly observe these conditions may result in a Quotation being rejected without evaluation.

Conditions of Contract: Please read the Conditions of Contract Attachment 1. The Contract Information Table in Part C also forms part of the Conditions of Contract. The Conditions of Contract

set out the terms and conditions that will apply to the contract for the undertaking of the Works.

Quotation Form: The Quotation Form in Attachment 3 is a required form that must be completed. Do not separate the Quotation Form from this RFQ document. A Quotation is likely to be rejected if the Quotation Form is not used. A Quotation must contain (or be accompanied by) all the information and details required by this RFQ.

Enquires, and requests for further information about this RFQ, should be directed to the Contact Officer as follows:

Department: [Insert name of Department]

Contact Officer: [Insert contact officer name]

Telephone: (03) [Insert telephone number]

Facsimile: (03) [Insert facsimile number]

Email: [Insert email address]

Part B: RFQ Information TableItem 1: Closing date and

time for lodgement of a Quotation:

The closing date and time for lodgement of a Quotation is [Insert date and time by which Quotations are to be lodged] Tasmanian time. The Principal may extend the closing date and time.

Item 2: Pre-Quotation briefing session details:

[Select one of the following alternatives: Alternative 1: ~ Pre-Quotation briefing details are as follows [Insert details of time, date]. It is strongly recommended that all prospective suppliers attend. ~ Alternative 2: ~ It is not intended to hold any Pre-Quotation briefing sessions. ~]

Item 3: Place and method of A Quotation must be lodged as follows:

Request for Quotation – Building and Construction Minor Works | Version 5 | September 2019 | 4851-17 | page 1


lodging a Quotation: [Insert details – Drafting note: Method must include at least one electronic option – see Treasurer's Instruction PP-4]

Item 4: Status of Quotation: A Quotation lodged by a supplier in response to this RFQ constitutes an offer by the supplier to undertake the Works. The acceptance of that Quotation by the Principal, in accordance with this RFQ, will result in a legally binding contract.

Item 5: Information to be provided by suppliers as part of Quotation:

[Insert information to be provided by suppliers]

Item 6: Evaluation criteria: In evaluating quotations, the Principal may take into consideration factors including, but not limited to: price; experience; previous performance; capability; safety performance; and conformity with the requirements of this RFQ and relevant Government policies.

[Optional text delete if not required: ~

The Principal has valued the procurement at more than $50,000. Accordingly, the evaluation will include a specific local SME industry impact criterion. The weighting to be applied to the criterion will be at least 20% of the total of all evaluation criteria. Potential suppliers are encouraged to complete a SME Industry Impact Statement in the form attached to this RFQ.

~ Note to drafters: Attach to RFQ current form of SME Industry Impact Statement published by DTF. Delete these drafting notes.]

It is a mandatory requirement for submission of a Quotation that the supplier and all its employees and subcontractors hold as at the date of the Quotation all required accreditations, certifications, registrations or licences required at law for the undertaking of the Works.

Item 7: Notification of outcome:

It is anticipated that the successful supplier will be notified in writing of the outcome of the RFQ process by [insert date].

Unsuccessful suppliers will be notified at the conclusion of the procurement process.

Item 8: Special conditions forming part of Conditions of Quotation:

The following special conditions also form part of the Conditions of Quotation:

[Insert any special terms and conditions or, if there are none, insert 'Nil']

Part C: Contract Information TableItem 1: Works: The following works (Works) are to be carried out by the Contractor:

[Insert detailed description of Works. If there are plans and specifications for the Works insert ~ The plans and specifications for the Works are included in Attachment 2.~]

Item 2: Site: The Works are to be carried out at the following location:

[Insert address where the Works are to be carried out]



Item 3: Date for commencement of the Works:

The Contractor is to commence the Works by:

[Insert date on or by which the Works are to be commenced eg: 20 Business Days after the Principal notifies the Contractor in writing of acceptance of the Quotation]

Item 4: Date for Practical Completion of the Works:

The Date for Practical Completion of the Works is:

[Insert Date for Practical Completion of the Works]

Item 5: Defects Liability Period:

[Insert defects liability period applicable to the Works]

Item 6: Superintendent: [Insert name and contact details]

Item 7: Payment period: End of each named month [or insert alternative progress payment period]

Item 8: Period within which correctly rendered invoice to be paid:

In accordance with clause 11 of the Conditions of Contract.

Item 9: Liquidated damages per day:

[Insert: ~ $[insert sum] per day. ~]

Item 10: Insurance: Level of public liability insurance cover: [Insert amount of cover required based upon a risk assessment of the Works. The default level of cover is $10,000,000.00] for any single occurrence.

Item 11: Principal's address details:

For the purposes of clause 25 of the Conditions of Contract, the Principal's details for the service of Notices are as follows:

Department:

Address:

Facsimile:

Attention:

[Insert name of Department]

[Insert address]

(03) [Insert facsimile number]

[Insert contact officer name or position]

Item 12: Special conditions forming part of Conditions of Contract:

The following special conditions apply:

[Insert any special terms and conditions or, if there are none, insert 'Nil']

Part D: Glossary of terms

In this RFQ, unless the context otherwise requires:

Business Day means a day on which banks are generally open for business in Hobart (but does not include a Saturday, Sunday or public holiday generally observed in Hobart).

Conditions of Contract means the conditions of contract in Attachment 1.

Conditions of Quotation has the meaning in Part E clause 1.

Contract means the contract for the carrying out of the Works by the Contractor.

Contract Information Table means the table in Part C.



Contractor means the supplier who becomes the contractor to undertake the Works following acceptance by the Principal of the Quotation submitted by that supplier.

Date for Practical Completion means the date in Item 4 of the Contract Information Table being the date by which the Works must be completed.

GST has the meaning in the A New Tax System (Goods and Services) Act 1999 (Cwlth).

Plans and Specifications means the plans and specifications (if any) for the Works included in Attachment 2.

Principal means the State of Tasmania.

RFQ means this request for quotation document (and includes all of its parts and attachments).

RFQ Information Table means the table in Part B.

Quotation means a quote submitted by a contractor to whom the Principal has issued this RFQ.

Quotation Form means the Quotation Form Attachment 3.

Works has the meaning in Item 1 of the Contract Information Table.



Part E: Conditions of Quotation

1 Conditions of QuotationThe conditions of quotation (Conditions of Quotation) comprise Part B and Part E of this RFQ.

If there is any inconsistency between the special conditions in Item 8 of the RFQ Information Table and any other Conditions of Quotation, the special conditions override the other inconsistent Conditions of Quotation to the extent of the inconsistency.

A special condition in Item 8 of the RFQ Information Table is taken not to be inconsistent with the other Conditions of Quotation if the special condition and the other Conditions of Quotation are both capable of being complied with.

2 CommunicationsA prospective supplier must direct all communications and enquiries concerning this RFQ to the Contact Officer named in Part A.

Unauthorised communication by a prospective supplier with any other employee or agent of the Principal may lead to a Quotation being rejected.

3 AddendaThe Principal may change this RFQ by issuing Addenda in writing. Any Addenda become part of this RFQ. Addenda issued by the Principal are the only recognised explanations of, or amendments to, this RFQ.

4 Agreement to be boundBy lodging a Quotation a prospective supplier agrees to be bound by the Conditions of Quotation.

5 Additional requirementsA prospective supplier must comply with the National Code of Practice for the Construction Industry, 1997 Edition, the Tasmanian Annexure to the National Code of Practice for the Construction Industry, and the Australian Standard Code of Tendering AS 4120-1994.

Lodgement of a quotation constitutes the prospective supplier’s agreement to comply with the Code for the duration of any subsequent contract that may be awarded to the prospective supplier.

Compliance with the National Code of Practice for the Construction Industry, 1997 Edition and the Tasmanian Annexure to the National Code of Practice for the Construction Industry is to extend to all subcontractors, consultants and suppliers engaged by the successful supplier in relation to the carrying out of the Works.

[drafting note: The following section is an optional inclusion and may be removed at the discretion of the drafter] If a prospective supplier fails to comply, the failure may be taken into account by the Principal and may involve: a formal warning; partial exclusion from tendering opportunities that is a reduction in the number of tendering opportunities; or preclusion from tendering for any work for a specified period.

The Code of Tendering AS 4120-1994 applies as part of the Request for Quotation provided that, to the extent of any inconsistency, the Conditions of Quotation will prevail.

6 Use of RFQ and information restricted

This RFQ, and any information provided by the Principal to a prospective supplier as part of the RFQ process, remain the property of the Principal, and may only be used by a prospective supplier to prepare a Quotation in response to this RFQ. Only prospective suppliers to whom this RFQ is issued may submit a Quotation.

7 Status of RFQ representation No representation made by or on behalf of the Principal during the RFQ process binds the Principal unless the representation is subsequently included as part of a formal instrument of agreement.

8 ConfidentialityA prospective supplier who submits a Quotation must keep the information in its Quotation confidential. Nothing in this clause prevents a prospective supplier from disclosing information in its Quotation: that is available to the public generally otherwise than as a result of a breach of this clause 8 by the prospective supplier; if the disclosure of the Quotation is required by law; if the disclosure is necessary to obtain an approval or licence under a law; or if the disclosure is to the prospective supplier's professional advisers or lenders.



9 Confidentiality in Government contracts

The Principal is committed to ensuring that government contracting is conducted in an open and transparent manner and that unnecessary confidentiality provisions do not fetter scrutiny of contracts. The Principal’s policy on confidentiality of information provides that in any contract between the Principal and another party, confidentiality requirements in relation to the provisions of the contract are not to be included except as allowed for in TI C-1. A party may publish, without reference to the other, all or any part of the Contract subject to any confidentiality provision included in the Contract in accordance with TI C-1.

TI C-1 means Treasurer's Instruction C-1 issued under the Financial Management Act 2016 (Tas).

10 Quotations become property of the Principal

All Quotations become the property of the Principal on submission. The Principal may reproduce all or any part of a Quotation for any purpose related to evaluation of the Quotation.

11 ReservationsThe Principal reserves the right at its absolute discretion:

(a) by written notice to prospective suppliers (who have been issued this RFQ) to do any of the following things: to discontinue or suspend the RFQ process; to extend the closing date and time in Item 1 of the RFQ Information Table; and to amend this RFQ;

(b) to negotiate with any prospective supplier submitting a Quotation;

(c) to determine the number of organisations with whom it will contract.

The Principal is not bound to accept the lowest, or any, Quotation submitted.

12 Content and format of QuotationsQuotations must include all the information listed in Item 5 of the RFQ Information Table.

A Quotation must be prepared using the Quotation Form in Attachment 3.

13 Alternative offersProspective suppliers may submit an alternative proposal if it is clearly identified as an 'Alternative Offer' wherever it fails to comply with this RFQ.

A prospective supplier who submits a quotation which meets the requirements in this RFQ in an alternative and practical manner, taking into account the totality of those requirements, must

include any supplementary material, together with associated prices, which demonstrates, in detail, that the alternative offer will fully achieve all the requirements.

The Principal reserves the right either to consider Alternative Offers on their merits or not to consider them further.

14 Monetary amountsAll monetary amounts must be expressed in Australian dollars (exclusive of GST). The Conditions of Contract allow for the payment of GST.

15 Preparation of QuotationThe Principal will neither be responsible, nor pay, for any cost, expense or loss, which may be incurred by any person in connection with the preparation or presentation of a Quotation.

16 Exclusion of liabilityThe Principal is not liable for any error or omission in this RFQ.

17 ValidityA Quotation constitutes an irrevocable, unalterable offer by the prospective supplier to the Principal. A Quotation must remain valid and open to be accepted for 90 days from the closing time and date specified in Item 1 of the RFQ Information Table. The period of 90 days may be extended by written agreement between the prospective supplier and the Principal.

18 Lodgement of QuotationsA Quotation must be lodged by the closing time and date specified in Item 1 of the RFQ Information Table or as extended under clause 11. A Quotation must be lodged in a manner specified in Item 3 of the RFQ Information Table.

If Item 3 of the RFQ Information Table permits lodgement of Quotations by email the following provisions apply. Lodgement by email will be at the sole risk of the prospective supplier. The Principal does not warrant that a prospective supplier will be able to upload its Quotation to the email address for lodgement. A Quotation may be rejected if it contains a virus, worm or other defect, or if the Quotation does not comply with any format, size or other requirements stated in Item 3 of the RFQ Information Table.

19 Late QuotationsLate Quotations will not be considered unless the Principal is of the view (and its decision will be absolute and final) that:



(a) circumstances beyond the prospective supplier’s control were the cause of the lateness; and

(b) the consideration of the late Quotation will not compromise the integrity of the procurement process or provide any unfair advantage to the prospective supplier lodging the late Quotation.

Late Quotations that are not accepted will be marked on the envelope with the time and date of receipt, and be returned to the prospective supplier.

20 How a contract is formedA contract for carrying out the Works will be formed when the Principal and the successful supplier enter into a formal instrument of agreement.

21 DebriefingUnsuccessful suppliers are encouraged to contact the Contact Officer (named in Part A) to request a debriefing to discuss the reasons for their non-selection. If requested to do so, the Principal will provide a debriefing for unsuccessful suppliers after a contract has been formed for the carrying out of the Works, or the Principal has decided not to award a contract for the carrying out of the Works.

22 Complaints processSuppliers may lodge a complaint if they believe the RFQ process has not complied with the Tasmanian Government’s procurement policies. Further information on the formal complaints process is available from the website www.purchasing.tas.gov.au, or may be obtained from the Contact Officer (named in Part A).

23 Licences and registrationsIt is a mandatory requirement for submission of a Quotation that the supplier and all its employees and subcontractors hold as at the date of the Quotation all required accreditations, certifications, registrations or licences required at law for the undertaking of the Works. The reference to appropriate accreditations, certifications, registrations or licences is a reference to those things that the supplier must hold in order to undertake the Work. It does not refer to specific permits such as building or plumbing permits that would be required in order to undertake the Work (for example, plumbing practitioner licences or electrical contractor licences).

24 Zero tolerance towards violence against women

(a) Violence against women is defined by the United Nations as “any act of gender based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women”.

(b) The Principal upholds a zero tolerance policy towards violence against any person in the workplace. The Contractor acknowledges and undertakes to uphold a zero tolerance policy towards violence against any person in the workplace in its interaction with employees, agents and subcontractors of the Principal and in delivery of the Works.

(c) The Contractor must and will ensure that its employees, agents and subcontractors will at all times in delivery of the Works act in a manner that is non-threatening, courteous and respectful.

(d) If the Principal reasonably believes that any of the Contractor’s employees, agents or subcontractors are failing to comply with the behavioural standards specified in this clause then the Principal may in its absolute discretion:(i) prohibit access by the relevant

employees, agents or subcontractors to the Principal’s premises; and

(ii) direct the Contractor to withdraw the relevant employees, agents or subcontractors from providing the Works.





Attachment 1: Conditions of Contract

1 Definitions and interpretation1.1 Definitions

In this Contract, unless the context otherwise requires:

Asbestos means asbestos as defined by the Work Health and Safety Regulations 2012 (Tas).

Australian Standard means a standard published by Standards Australia Limited.

Business Day means a day on which banks are generally open for business in Hobart (but does not include a Saturday, Sunday or public holiday generally observed in Hobart).

Contract means this contract for the carrying out of the Works.

Contract Information Table means the table titled 'Contract Information Table' set out above.

Contract Sum means the amount payable by the Principal to the Contractor for the Works being:

(a) if the Principal accepted a lump sum, the lump sum as adjusted in accordance with this Contract; and

(b) if the Principal accepted rates, the sum of the products of the rates and the relevant quantities for each item in the schedule of rates submitted by the Contractor as part of its quotation, plus any lump sums in the schedule of rates, as adjusted in accordance with this Contract.

Date for Practical Completion means the date in Item 4 of the Contract Information Table (as may be extended in accordance with this Contract).

Defect means any aspect of the Works that does not conform with this Contract.

GST Act means the A New Tax System (Goods and Services) Act 1999 (Cwlth). Expressions defined in the GST Act have the same meanings when used in this Contract.

Plans and Specifications means the plans and specifications (if any) for the Works included in Attachment 2.

Practical Completion means the stage when:

(a) the Works are fit for use and occupation;

(b) the Works are free from any known Defects;

(c) the Contractor has provided to the Principal all required documents; and

(d) the Contractor has vacated the Site and complied with clause 16.

Principal means the State of Tasmania. A reference to the Principal includes any delegate acting on behalf of the Principal.

Site means the place shown in Item 2 of the Contract Information Table.

Superintendent means the person named in Item 6 of the Contract Information Table. The expression includes any replacement Superintendent appointed by the Principal.

Works means the works described in Item 1 of the Contract Information Table.

1.2 Interpretation

In this Contract, unless the context otherwise requires:

(a) headings do not affect the interpretation of this Contract;

(b) words denoting the singular include the plural and vice versa;

(c) words denoting any gender include all genders;

(d) other grammatical forms of a defined term have a corresponding meaning;

(e) an expression denoting a natural person, company, partnership, corporation or any government body includes any other of them;

(f) a reference to any thing or any property includes a part of that thing or property;

(g) a reference to a party includes that party's successors and permitted assigns;

(h) mentioning any thing after the words includes or including does not limit the meaning of any thing mentioned before those words; and

(i) a reference to any legislation includes subordinate legislation made under it and any amendment to, or replacement for, any of them.

2 Agreement to carry out WorksThe Contractor agrees to carry out and complete the Works, for the Contract Sum, in accordance with this Contract. The Principal agrees to pay the Contract Sum to the Contractor as consideration for the carrying out and completion of the Works by the Contractor in accordance with this Contract.

3 Superintendent's directionsThe Contractor must comply, within a reasonable time, with any direction given by the Superintendent.



4 Site possessionThe Superintendent may direct the Contractor to remove a person (under the control of the Contractor) from the Site for failing to meet reasonable standards of conduct.

The Contractor is responsible for determining the location and type of all existing services and public utilities, both above and below ground, on the Site. The Contractor must ensure that it does not damage any existing services or public utilities when carrying out the Works.

The Principal is to give the Contractor access to sufficient of the Site to allow the Contractor to commence the Works by not later than the date shown in Item 3 of the Contract Information Table. The Principal is not required to give the Contractor sole or uninterrupted possession of, or access to, the Site.

5 Execution of WorksThe Contractor must carry out and complete the Works:

(a) in accordance with this Contract;

(b) in accordance with the Plans and Specifications (if any);

(c) complying with all applicable laws (including laws relating to occupational health and safety);

(d) complying with all approvals for the Works;

(e) in accordance with all relevant Australian Standards; and

(f) in a proper and workmanlike manner.

Unless otherwise stated in this Contract, the Contractor is responsible for:

(a) the supply of all materials (which must be new, fit for purpose, and free of Defects), labour, tools, plant, and services, for the proper completion of the Works;

(b) obtaining all consents to enable the carrying out of the Works; and

(c) all things necessary for and incidental to the satisfactory completion of the Works, (including items not expressly mentioned in the Plans and Specifications).

In carrying out the Works, the Contractor must minimise inconvenience and disturbance to the Principal and to others.

Notwithstanding anything else in this Contract and without limitation, the Contractor must hold and must ensure that all its employees and its subcontractors undertaking any work under the Contract hold at all times when undertaking any Works all required accreditations, certifications,

registrations or licences relevant to the work under the Contract that they are undertaking.

5A Asbestos

(a) The Contractor must ensure that Asbestos is not used as part of or for the purposes of carrying out the Works.

(b) Before commencing on the Site any Works, the Contractor must check the Site’s Asbestos register (being any register required to be maintained in respect of Asbestos in accordance with any legislative requirements and hereafter referred to as the “Register”) and have regard to the presence or presumed presence of any recorded asbestos containing materials. If one is not available, it must be assumed that no assessment of Asbestos containing materials has been undertaken.

(c) If the Register states that it is presumed that Asbestos materials are present, no validation sampling will have been conducted. Therefore, before commencing on the Site any Works, the Contractor will be required to conduct all necessary validation sampling of materials. The Contractor will be taken to have allowed for the costs of conducting all required validation sampling as part of its quotation for the Works.

(d) If Asbestos containing materials (identified in the Register) are removed, the Contractor must ensure that the Register is updated by ensuring that copies of all documentation relating to any validation, interference or removal work are included in the Register.

(e) If Asbestos containing material or material suspected of containing Asbestos is discovered on the Site, the Contractor must:

(i) stop work in the immediate area;

(ii) advise the Principal, and WorkSafeTasmania by phoning: 1300 366 322 (inside Tasmania) or (03) 6166 4600 (outside Tasmania) or by emailing: [email protected]; and

(iii) await instructions from the Principal.

(f) The Contractor must treat all Asbestos products encountered as part of or for the purposes of carrying out the Works, including as applicable undertake Asbestos removal, repair, renovation or demolition work, in strict compliance with all legislative requirements.



(g) The Contractor must obtain the necessary approvals before commencing any Works on or with products that contain Asbestos and evidence of approval must be presented to the Principal before commencing work.

(h) The Contractor is reminded that any Principal arranged legal liability insurance does not cover legal liability arising from Asbestos.

(i) The Contractor is to be solely responsible for all costs associated with the above obligations described in this clause 5A except to the extent (if any) expressly otherwise provided in the Contract.

6 Commencement and completion of Works

The Contractor must commence Works by no later than the date shown in Item 3 of the Contract Information Table. The Contractor must complete the Works by no later than the Date for Practical Completion.

7 Liquidated damagesIf the Contractor fails to complete the Works by the Date for Practical Completion, the Contractor must pay to the Principal as liquidated damages the amount stated in Item 9 of the Contract Information Table for every day after that date until the Date of Practical Completion, or this Contract is terminated, whichever is earlier.

8 Suspension of WorksThe Superintendent may direct the Contractor to suspend carrying out all or part of the Works and the conditions on which work is to recommence.

9 Extension of Date for Practical Completion

The Superintendent may extend the Date for Practical Completion.

The Superintendent must extend the Date for Practical Completion by a reasonable period if the progress of the Works is delayed because of:

(a) any fault on the part of the Principal or any employee, agent or consultant of the Principal; or

(b) any of the following causes of delay:

(i) industrial conditions (not after the Date for Practical Completion);

(ii) inclement weather (not after the Date for Practical Completion); and

(iii) preclusion of access to the site not caused by the Contractor; or

(c) any suspension of the Works in accordance with clause 8 to the extent that the suspension is unrelated to any breach of this Contract by the Contractor.

The Principal must pay to the Contractor any reasonable costs or expenses incurred by the Contractor as a direct result of any delay to the progress of the Works caused by a matter in respect of which the Contractor is entitled to an extension of time in accordance with the preceding paragraph. The Superintendent will determine the amount payable to the Contractor.

The Superintendent must also extend the Date for Practical Completion by a reasonable period if the progress of the Works is delayed because of any variation to the Works in accordance with clause 14.

The Contractor must notify the Superintendent, in writing, of a claim for an extension to the Date for Practical Completion, or a claim for any payment under this clause, not later than 10 Business Days after the occurrence of the event that gives rise to the claim. The Contractor's right to make such a claim is lost if it is not made in accordance with this clause.

10 Care of work and reinstatement of damage

The Contractor is responsible for the care of the Works. If loss or damage occurs to the Works before the Date of Practical Completion, the Contractor must at the Contractor’s cost, rectify such loss or damage. The Contractor is not responsible for loss or damage to the Works caused by the negligent act or omission of the Principal, or employees or agents of the Principal, or caused by defects in the design of the Works.

11 PaymentThe Contractor must submit payment claims to the Superintendent for completed work in accordance with Item 7 of the Contract Information Table.

Each payment claim is to be calculated as follows:

(a) For work in respect of which the Principal accepted a schedule of rates, an amount calculated by applying the rates to the quantities of work carried out at the date of the payment claim, less amounts previously paid to the Contractor, amounts payable by the Contractor to the Principal, and any amounts the Principal is entitled to deduct.

(b) For work for which the Principal accepted a lump sum, an instalment of that lump sum which reflects the value of the work carried out at the date of the payment claim, less amounts previously paid to the Contractor, amounts payable by the Contractor to the Principal, and any amounts the Principal is entitled to deduct.



Quantities of work set out in any schedule of rates are estimates only. The Contractor is responsible for providing evidence of the quantities actually carried out. However, the rates and lump sum for each item in the schedule of rates submitted by the Contractor as part of its quotation are binding if accepted by the Principal.

Within 10 Business Days after receipt of the Contractor’s payment claim, the Superintendent is to provide to the Contractor a payment schedule identifying the payment claim to which it relates and stating the payment, if any, that the Principal will be making. If the payment is to be less than the amount claimed by the Contractor, the payment schedule is to indicate why it is less.

Payment by the Principal is to be made within 20 Business Days after the Superintendent's receipt of the Contractor’s payment claim or within 5 Business Days after the Superintendent's receipt of a valid tax invoice in the amount stated in the payment schedule, whichever is the latest.

All payments are to be made by electronic funds transfer to a bank, building society or credit union account nominated by the Contractor. No payment is due to the Contractor until sufficient details of the nominated account are notified in writing to the Principal.

Payment is not evidence of the value of work, or that the work is satisfactory, or an admission of liability, but is payment on account only.

To the extent permitted by law, the State is not required to make any payment to the Contractor if the Contractor is in breach of this Contract.

12 Prime cost sumsIf the invoiced cost to the Contractor of any item for which a prime cost amount is provided for in the Contract Sum exceeds or is less than the amount provided, the difference is to be added to or deducted from the Contract Sum as the case may require. Evidence of the actual cost of prime cost items is submitted with payment claims, as a condition precedent to payment for those items.

A prime cost refers only to the supply of materials, the price of which was not fixed by the Contractor as part of its quotation. It does not refer to the carrying out of the Works.

13 Testing, directions to remedy defective work, and acceptance of defective work

The Superintendent may at any time direct that any materials or work forming part of the Works be examined or tested.

The Contractor must comply with any direction by the Superintendent to remedy any work not in accordance with the Contract within the time directed in writing by the Superintendent. If the Contractor fails to comply with the requirement for

rectification, the Principal may have the work rectified by others at the Contractor’s expense or may accept the work at a reduced value, at the absolute discretion of the Principal. The reduced value will be determined by the Superintendent.

The Principal may deduct the cost of rectification work paid for by the Principal from payments due to the Contractor, or recover the cost as a debt due from the Contractor.

Where the defective work is accepted at a reduced value, the Principal may reduce the value of payments due to the Contractor or recover the reduced value as a debt from the Contractor.

14 VariationsThe Contractor must not change the Works without a written direction from the Superintendent.

The Superintendent may request the Contractor to provide a written quotation for the carrying out of a proposed variation to the Works. The Contractor must provide the quotation within 5 Business Days after receiving the request. The Contractor’s proposal is to include a margin of up to 12.5% on net direct costs to cover supervision, overheads, disruption, profit and attendance.

Within 10 Business Days after receiving the Contractor’s quotation, the Superintendent is to notify the Contractor in writing whether or not the quotation is accepted.

If the Superintendent accepts in writing the Contractor's quotation, the Contractor must carry out the variation in accordance with the quotation, and the Contract Sum is to be adjusted in conformity with the quotation.

If the Superintendent does not accept the quotation, the Superintendent may direct the Contractor:

(a) not to carry out the proposed variation; or

(b) to carry out the variation, with the price to be determined by the Superintendent as the Contractor's reasonable direct costs plus 12.5% to cover supervision, overheads, disruption, profit and attendance.

If the Contractor is required to undertake a variation, the Contractor must take all reasonable steps to carry out the variation concurrently with other work.

15 Defects Liability PeriodThe Contractor must promptly rectify and make good all Defects notified to it following the Date of Practical Completion during the period set out in Item 5 of the Contract Information Table. If the Contractor fails to rectify and make good the Defects within 20 Business Days of being notified



of the Defects by the Principal, the Principal may have the Defects rectified and made good by another person. The Contractor must reimburse to the Principal the cost of those rectification works.

16 Site cleaningThe Contractor must keep the Works and the Site clean and tidy and ensure that rubbish is removed from the Site regularly. The Contractor, on completion of the Works, must remove from the Site all construction plant, surplus materials, rubbish and temporary works of every kind. The Contractor must leave the Site, existing structures and areas adjacent in as good a state of repair as when the Works commenced.

17 Assignment and subcontractingThe Contractor must not without the written approval of the Superintendent assign or subcontract, or allow a subcontractor to assign or subcontract any of the Works, with such approval not to be unreasonably withheld.

18 Public liability insurance and insurance of Works

Before commencing work, the Contractor must take out public liability insurance and contract works insurance for the amounts listed in Item 10 of the Contract Information Table with an insurance company authorised to carry on insurance business in Australia. The insurances must cover the Contractor, Principal and any subcontractors as the insured. The Contractor must maintain the insurances until completion of all of the Works. Each insurance policy must be on terms approved by the Superintendent. The Contractor must produce evidence of insurance if requested by the Superintendent.

Any excess or deductible is the responsibility of, and must be paid by, the Contractor upon demand.

19 Workers compensation insuranceBefore commencing work in connection with this Contract and until the completion of all of the work under this Contract, the Contractor must hold or take out an insurance policy covering workers’ compensation in accordance with the requirements of the Workers Rehabilitation and Compensation Act 1988 (Tas) and ensure every subcontractor holds equivalent insurance, where applicable.

20 Indemnity by ContractorThe Contractor indemnifies the Principal against:

(a) claims in respect of any injury to, or death of, any person;

(b) claims in respect of damage to the property of any person; or

(c) loss of, or damage to, property of the Principal (other than the Works),

arising from, or attributable to, the carrying out of any the Works.

The Contractor's liability under the indemnity is to be reduced proportionately to the extent that the claim, loss or damage is caused or contributed to by an act or omission of the Superintendent, the Principal or any employee, agent or consultant of the Principal.

The indemnity is a separate and independent obligation of the Contractor and survives the termination of this Contract.

21 DisputesIf the Contractor is dissatisfied with a decision of the Superintendent in connection with this Contract then, within 10 Business Days after the decision, the Contractor is to give written notice to the Superintendent and the Principal in writing of a dispute. The notice is to include the legal and factual basis of the dispute. The right to dispute a decision of the Superintendent is lost if a notice disputing the decision is not given by the Contractor in accordance with this clause.

If the dispute is not resolved by agreement between the parties within 10 Business Days of the Contractor's notice, the matters in dispute are to be decided by an independent expert appointed by The President (or other senior officer for the time being of The Law Society of Tasmania). The decision of the expert will be final and binding on the parties, and the parties must give effect to it.

The parties are to share equally the expert’s fees and out-of-pocket expenses. Each party is to otherwise bear its own costs.

22 Confidentiality in relation to this Contract

Despite any confidentiality or intellectual property rights subsisting in this Contract, either party may publish, without reference to the other, all or any part of this Contract. Nothing in this clause derogates from a party’s obligations under the Personal Information Protection Act 2004 (Tas) or the Privacy Act 1988 (Cwlth).

23 Event of defaultAn event of default occurs if, the Contractor:

(a) being an individual, becomes an insolvent under administration as defined in section 9 of the Corporations Act 2001 (Cwlth), or any action is taken which could result in that event;

(b) being a company becomes an externally administered body corporate (as defined in section 9 of the Corporations Act 2001 (Cwlth)) or a person becomes a controller



(as defined in section 9 of the Corporations Act 2001 (Cwlth)) of any of its property;

(c) breaches any of its obligations under this Contract, and that breach continues for a period of 5 Business Days after the date on which the Superintendent serves notice on the Contractor specifying the breach;

(d) repudiates this Contract by its conduct;(e) ceases, or threatens to cease, to carry on its

operations, or threatens to dispose of all, or a substantial part, of its undertaking; or

(f) convenes a meeting of its creditors or proposes or enters into any scheme of arrangement, reconstruction or composition with all or some of its creditors.

24 Principal's Rights if an event of default occurs

If an event of default occurs, the Principal may do either the following:

(a) Terminate this Contract by notice in writing to the Contractor, in which case the respective rights and liabilities of the parties will be the same as they would be at common law if the Contractor had wrongfully repudiated this Contract.

(b) The Principal may take over the incomplete Works by notice in writing to the Contractor, suspend payments due or which would become due under clause 11, and have others complete the Works.

If the Principal acts under paragraph (b), the Superintendent is to calculate:

(i) the amount that would otherwise be payable to the Contractor for the Works completed up to date of Principal taking over the Works (Contractor Amount); and

(ii) the cost of others completing the Works outstanding at the date of termination (the Cost to Complete).

If the Contractor Amount exceeds the Cost to Complete, the difference is payable by the Principal to the Contractor. If the Cost to Complete exceeds the Contractor Amount, the difference is payable by the Contractor to the Principal. An amount payable by a party to another party under this clause is payable within 10 Business Days of the Superintendent performing the calculation and notifying the parties in writing of that calculation.

25 NoticesThe addresses and facsimile numbers of the parties for the service of any Notice are:

(a) in the case of the Principal, as set out in Item 11 of the Contract Information Table, or as subsequently notified by the Principal to the Contractor; and

(b) in the case of the Contractor as set out in the Details, or as subsequently notified by the Contractor to the Principal.

A Notice may be served by: delivering it by hand to the party; leaving it at the party's address referred to above; or by sending it by facsimile transmission to the party's facsimile number; or sending it by prepaid ordinary post to the party's address.

A Notice is taken to have been received: if hand delivered to the party, when delivered; if left at the party's address, when left; if sent by facsimile transmission to the party's facsimile number, upon completion of sending; and if sent by post to the party's address, on the fifth Business Day after the day of posting.

A Notice must be in legible writing in the English language.

Notice means a notice or other communication for the purpose of this Contract.

26 Governing law and jurisdictionThis Contract is governed by the law of Tasmania. The parties submit to the jurisdiction of the courts of Tasmania.

27 GSTIf GST is imposed on any supply made by a party under this Contract, the recipient of the supply must pay to the person making the supply, in addition to any consideration payable, or to be provided by, the recipient under this agreement for that supply, an additional amount equal to the GST payable by the person making the supply for that supply. The additional amount is to be paid at the same time and in the same manner as the supply to which the GST relates.

28 Special conditionsThe special conditions in Item 12 of the Contract Information Table form part of this Contract.

If there is any inconsistency between the special conditions in Item 12 of the Contract Information Table and any another provision of this Contract, the special conditions override the other provision to the extent of the inconsistency. A special condition in Item 12 of the Contract Information Table is taken not to be inconsistent with another provision of this Contract if the special condition and the other provision are both capable of being complied with.

29 Zero tolerance towards violence against women

(a) Violence against women is defined by the United Nations as “any act of gender based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women”.



(b) The Principal upholds a zero tolerance policy towards violence against any person in the workplace. The Contractor acknowledges and undertakes to uphold a zero tolerance policy towards violence against any person in the workplace in its interaction with employees, agents and subcontractors of the Principal and in delivery of the Works.

(c) The Contractor must and will ensure that its employees, agents and subcontractors will at all times in delivery of the Works act in a manner that is non-threatening, courteous and respectful.

(d) If the Principal reasonably believes that any of the Contractor’s employees, agents or subcontractors are failing to comply with the behavioural standards specified in this clause then the Principal may in its absolute discretion:(i) prohibit access by the relevant

employees, agents or subcontractors to the Principal’s premises; and

(ii) direct the Contractor to withdraw the relevant employees, agents or subcontractors from providing the Works.

30 MiscellaneousThe Principal may set off against an amount otherwise payable by the Principal to the Contractor any amount due from the Contractor to the Principal. For the avoidance of doubt, this clause does not exclude any other right of set off at law.

An obligation or liability on the part of two or more persons binds them jointly and severally.

This Contract may only be amended or supplemented in writing signed by the parties.

The non-exercise of, or delay in exercising, any Right does not operate as a waiver of that Right. A single exercise of a Right does not preclude any other exercise of that Right or the exercise of any other Right. A Right may only be waived in writing, signed by the party to be bound by the waiver. A waiver of a Right is effective only in the specific instance and for the specific purpose for which it was given.

Each Right provided in this Contract is exclusive and independent of each other Right in this Contract, and all other Rights at law or in equity.

In this clause, Right includes a right, power, remedy, authority and discretion.



Attachment 2: Plans and Specification

[If there are plans and specifications insert: ~The following are the plans and specifications for the Works [insert details], copies of which are included in this Attachment 2. ~

Note: The use of Natspec specifications is encouraged, where appropriate.

If there are no plans and specifications for the Works insert: ~ Intentionally not used. ~ If you delete Attachment 2 there will be numbering and cross-referencing changes required throughout this RFQ.]



Attachment 3: Quotation Form

To: The State of Tasmania

I/We:

(the Contractor)(insert name, USE BLOCK LETTERS)

(insert ACN or ABN)

hereby offer to carry out the Works for the Principal in accordance with the Conditions of Contract and the following Addenda (if any) issued by the Principal:

Addendum No. Date and description

Lump Sum Option:The price offered for the whole of the Works is:

$ excluding GST(insert offered price)

Schedule of Rates Option:The price offered is a price calculated in accordance with the following schedule of rates:

Item Number Description Quantity Unit Rate Amount

1

For all work and obligations under the Contract not included elsewhere in this Schedule.

1 1 Lump sum $

$

$

$

$

$

Total amount excluding GST $(Notes: Insert under Amount the amount arrived at by multiplying the quoted Rate by the stated Quantity. The correct extended Amounts and Total will be used to evaluate tenders. All rates and lump sums must exclude GST. The actual Contract Sum payable will depend on the actual quantities.)



For the purposes of clause 25 of the Conditions of Contract, the Contractor's details for the service of Notices will be as follows:

Address:

Facsimile:

Contact person or position:(insert details, use BLOCK LETTERS)

I/We confirm the following supplementary documentation has been submitted with this offer as required by the RFQ:

Information / Document Description No. of pages

[Include the information listed in Item 5 of the RFQ Information Table, and any additional information necessary to assess the offer against the evaluation criteria]

Building Practitioner Accreditation No.:

TasBuild Registration No.:

I/We declare that:

(a) the Conditions of Quotation are agreed;(b) I/We have complied with the clause 5 the Conditions of Quotation; and(c) the information and particulars provided as part of this offer are accurate and correct;(d) I/We comply with and ensure that all employees, subcontractors and agents comply with the provisions

of the Work Health and Safety Act 2012, the Construction Industry (Long Service) Act 1997, the Building and Construction Industry Security of Payment Act 2009 and all other applicable Acts, Regulations, local laws and bylaws, and Codes of Practice;

(e) I/We meet the requirements of the Workplace Health and Safety Contractor Management System Questionnaire in Schedule 1 to this Quotation Form;

(f) I/We meet any site-specific workplace health and safety issues detailed in the RFQ; and(g) I/We, all employees that will undertake any of the Works and all nominated subcontractors hold at the

date of this Declaration all required accreditations, certifications, registrations or licences required at law for the undertaking of their relevant portion of the Works.

Dated:

(insert date)

Signing by a Supplier who is an individualSigned by the Supplier in the presence of the witness named below:

Supplier's signature:

Witness'signature:

*Witness print name:

*Witness print address:*Use BLOCK LETTERS.



Signing by a Supplier that is a companySigned by the Supplier in accordance with section 127(1) of the Corporations Act 2001 (Cwlth):

Signature:

Signature:

*Print name and

office held:

*Print name and

office held:

*Use BLOCK LETTERS.

Signing by a Supplier that is a partnershipSigned on behalf of the Supplier by the partner named below in the presence of the witness named below:

Partner's signature:

Witness' signature:

And who warrants that he/she has authorityto sign on behalf of the partnership

*Print name:

*Witness print

name:

*Note: Use BLOCK LETTERS. *Witness print address:

Signing by a Supplier that executes by an agentSigned on behalf of the Supplier by its agent the presence of the witness named below:

Signature of agent:

Witness'signature:

And who warrants that he/she has authorityto sign as an agent on behalf of the Supplier

*Print name and

position:

*Witness print

name:

*Use BLOCK LETTERS.*Witness

print address:



Schedule 1

Workplace Health And Safety (WHS) Contractor Management System Questionnaire

The objective of this Questionnaire is to provide an overview of the status of a contractor’s workplace health and safety management system. The Questionnaire is intended only to indicate whether the contractor has a basic level of commitment and capacity to achieve effective workplace health and safety management.

Prior to engagement, successful contractors will be required to provide a completed Questionnaire and verify their responses by providing evidence of their ability and capacity in relevant matters. Contractors that can provide a current certified copy of Third Party Quality Assurance (Occupational Health and Safety) will not be required to complete this Questionnaire. Prior to the commencement of works, the contractor will also be required to provide any site-specific workplace health and safety details and plans.

Please note that contractors are not required to send a completed WHS Contractor Management System Questionnaire with their Quotation submission. The Questionnaire is only included for the contractor’s self-assessment and to enable contractors to sign the declaration of the Quotation Form. However, it is recommended that contractors retain a copy of the Questionnaire for the own record, as it will be required if they are the successful Supplier.

Yes/No1. Health and Safety Policy and Management1.1 Is there a written company health and safety policy?1.2 Does your company have procedures to update WHS information and maintain

ongoing awareness of WHS regulations (eg relevant memberships/subscriptions or available consultant)?

2. Safe Work Practices and Procedures2.1 Has the company prepared safe operating procedures or specific safety instructions

relevant to its operation?2.2 Is there a formal and/or documented incident investigation procedure?2.3 Are there procedures for maintaining, inspecting and assessing the hazards of plant

operated/owned by the company?3. Health and Safety Training3.1 Does your company have an induction program for new employees and

subcontractors and also provide task specific training for new users of equipment or those that are unfamiliar with how to complete a specific task?

3.2 Does your company have emergency response procedures in place and organise for employees to attend first aid training?

4. Health and Safety Workplace Inspection4.1 Are regular health and safety inspections conducted at work sites where your

employees or subcontractors are present?5. Health and Safety Consultation5.1 Does your company make provision for health and safety communication and

consultation (for example toolbox meetings, employee involvement in inspections)?6. Health and Safety Offences

Can you confirm that in the past five years your organisation has not been convicted of an occupational health and safety offence, nor been served with an improvement or prohibition notice?If No, prior to engagement, you will be required to provide details of the offence or notice and provide evidence of the appropriate remedial/corrective action that the company has taken.


Documents

Request for Quotation Minor Works - low risk low value ... · Web viewThe Contractor must provide the quotation within 5 Business Days after receiving the request. The Contractor’s