UPDATE SUMMARY
MANAGING CONTRACTOR CONTRACT (MCC-1 2003)
Major works subCONTRACT (masc-1 2004)
medium works SUBCONTRACT (MESC-1 2003)
DESIGN SERVICES subCONTRACT (DSSC-1 (for use with MCC-1 2003))
[LAST updated: 20 January 2017]
1. INVITATION TO REGISTER INTEREST (HC-1 2003, MCC-1 2003 AND MW-2 2004)
Topic/Subject / Reference (if applicable) / Description /General - AusTender / Various / ITR updated to reflect AusTender terminology/use.
General - form of communication / Various / ITR updated to provide that communications during a registration of interest process will primarily be conducted by email, although communication by post is still permitted in certain circumstances.
Note that the Commonwealth (and not the Contact Officer) is required to issue the following notices by email or post:
· notice under clause 5(a)(i) regarding non-conforming Registration of Interest;
· notice under clause 5(a)(ii) regarding successful Registration of Interest;
· notice under clause 5(a)(ii) regarding unsuccessful Registration of Interest; and
· notices under clause 20.3(a)(ii)C and D regarding Material Change or Defence Strategic Interest Issue.
Consequential amendments, including references to "submission" replaced with "lodgement", references to "fax or post" replaced with "by email or post".
Confirmation that distinction regarding "information documents" remains, despite AusTender describing such documents as "addenda" or "ATM documents".
ITR No - now "ATM ID" / Various / ITR updated to reflect AusTender terminology/use.
Information for Applicants - general information / 1.1- 1.4 / ITR updated to reflect AusTender terminology/use and provide streamlined information about the project, works, form of contract, timeframe and value.
Information for Applicants - ITR Administrator now "Contact Officer" / 1.5 / ITR updated to reflect AusTender terminology/use and the appointment of a Contact Officer.
Information for Applicants - AusTender / 1.6 / ITR updated to reflect AusTender terminology/use and align with AusTender model clauses.
Selection process and evaluation criteria - various / 2(a) / Evaluation criteria updated and revised:
· to reflect "ability to perform", "achieve completion" and otherwise meet obligations under the contract;
· to replace references to the "Procurement Plan" with "Project Development And Delivery Plan";
· to focus on key risk areas eg work health and safety, quality, ESD, WOL, commissioning and handover (to align with draft Project Plans submitted at time of tender); and
· to align with amendments to Schedules.
See also amendments to Schedules.
Selection process and evaluation criteria - information security / 2(a)(v) / New evaluation criteria with respect to information security - see also clause 19 and Schedule F - Information Security.
Selection process and evaluation criteria - own knowledge and any other Commonwealth project / 2(b)(i) / ITR updated to expressly include ability to have reference to "own knowledge" and "any other Commonwealth project".
Selection process and evaluation criteria - this project / 2(b)(ii) / ITR updated to expressly include ability to have reference to information lodged or likely to be lodged in connection with the project (eg programs of works, multiple procurement processes).
Registration of Interest - closing date and time now "ATM Close Date and ATM Close Time" / 3.1 and Various / Note that Registrations of Interest are not to be lodged by AusTender.
ITR updated to refer to "ATM Close Date and ATM Close Time". 12.00 noon ACT Local Time is the default time.
Registration of Interest - conforming bid requirements / 3.1 and Various / ITR updated so that the minimum form and content requirement and conditions for participation are in bold text. The conditions for participation reflect updated requirements for the Building Code 2016.
Registration of Interest - no contract / 3.1(b) / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Registration of Interest - non-conforming Registration of Interest / 3.2 / ITR updated to streamline/clarify consequences of a non-conforming Registration of Interest.
ITR updated to incorporate a (discretionary) process for notifying, reviewing and accepting the correction of unintentional errors with respect to any failure to satisfy a minimum form and content requirement.
Registration of Interest - administrative arrangements / 3.3 / ITR updated to reflect revised requirements for the lodgement of Registrations of Interest including improved identification of packages and lodgement in hard copy with electronic copy in an unsecured specified format on either CD-Rom or DVD (but not USBs, iPads, tablets or other similar electronic devices).
Questions, Amendments / 4 / ITR updated to streamline/clarify process for communications during the registration of interest process and the order of precedence of such communications.
Note that discrepancies etc and questions regarding the Invitation to Register Interest must be notified no later than 7 days prior to the ATM Close Date and ATM Close Time.
Questions, Amendments - Information Documents / 4(c) and (d) / ITR updated to streamline/clarify process for publication/issue of "information documents" during the registration of interest process. Note that AusTender may refer to such documents as "ATM Documents" or "addenda" but the distinction between the nature and purpose of the Invitation to Register Interest document and such information documents is maintained.
Notification and Debrief / 5 / ITR updated to streamline/clarify process for notifications and debriefs.
Costs and Claims / 6 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Joint Bids / 7 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Improper Assistance / [8] / Deleted. These matters have been addressed elsewhere in the ITR.
Use of former Defence personnel / 8 / ITR updated to streamline/clarify process for seeking permission to have former Defence personnel involved in preparation of the Registration of Interest.
Note that request for permission must be notified to the Contact Officer no later than 14 days prior to the ATM Close Date and ATM Close Time and the notification must include details.
Conflict of Interest / 9 / ITR updated to streamline/clarify process for addressing actual, potential and perceived conflicts of interest.
Note that such matters must be notified to the Contact Officer and the notification must include details.
Use of Registration of Interest Documents / 10 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Unlawful Conduct / 11 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Limited Tender / 12 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Building Code 2016 / 13 / The updated provisions reflect the updated requirements for the Building Code 2016.
Workplace Gender Equality / 14 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Employee Entitlements / 15 / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Industry Briefing (MCC-1 2003 only) / 16 / ITR updated to streamline/clarify process for any industry briefing during the registration of interest process.
Details of the industry briefing will be notified by the Contact Officer by email.
Minor amendments for consistency with other amendments to the ITR and Tender Documents.
WHS Accreditation Scheme / 17 / ITR updated to reflect legislative and regulatory amendments and changes in terminology from "OHS" to "WHS", the threshold for directly funded building work being $4 million (increase from $3 million).
Minor amendments for consistency with other amendments to the ITR and Tender Documents.
Note also that if the Applicant lodges its Registration of Interest on a Joint Bid Basis, it must provide evidence requested for either joint bid party or that at least one joint bid party is accredited and all joint bid parties operate (or will operate) under the accredited person's system.
Indigenous Procurement Policy / 18 / ITR updated to identify requirements which will apply to any subsequent tender process and contract.
Note that the Commonwealth is required to identify whether or not any subsequent procurement and contract involves a "High Value Contract" (in excess of $7.5 million (GST inclusive) for construction services). The default position for MCC-1 2003 is that it is a "High Value Contract".
If it does involve a High Value Contract, the Commonwealth is required to identify whether or not it is also a "Remote Area Contract".
Information Security - Confidential Information and Sensitive and Classified Information / 19 / ITR updated to reflect new information security requirements. See also clause 19 and Schedule F - Information Security.
ITR also updated to identify information security requirements which will apply to any subsequent tender process and contract.
Material Change or Defence Strategic Interest Issue / 20 / ITR updated to reflect new material change and Defence strategic interest requirements.
Note that such matters must be notified to the Contact Officer and the notification must include details.
Note potentially very serious consequences for failure to meet these requirements.
Registration of Interest Form / Not applicable / Registration of Interest Form updated to streamline/clarify information to be provided by each Applicant, including in respect of its name, address, legal and organisational structure and any joint bid arrangements.
A fax number is no longer required.
Note also that the Applicant is requested to provide details of the basis it gives the "material change or Defence strategic interest issue" warranty in clause 20.
Other minor amendments for consistency with other amendments to the ITR and Tender Documents.
Schedule A - Workload and Proposed Resources / Not applicable / ITR updated to provide for the Applicant to provide a clear statement regarding availability, capacity and ability and identifying any matter, risk or thing of which it is aware or ought reasonably to be aware which may have a material effect on its availability, capacity and ability.
ITR updated to provide for details to be provided about resource locations and how they will perform the relevant part of the contractor's activities and works in the location of the works.
ITR updated to provide for details to be provided about resource availability, capacity, ability and qualifications/licences/accreditations/certifications/memberships of professional bodies etc to perform the relevant part of the contractor's activities and works in the location of the works.
ITR updated to provide for details to be provided about past, current and potential future projects.
ITR updated to provide for details to be provided about qualifications/licences/accreditations/certifications/memberships of professional bodies/associations or similar.
Table specifically identifies roles of Contractor's Representative, Quality Manager, ESD and WOL Manager and notes that these should be Applicant personnel, not subcontractors, consultants or material suppliers.
Other minor amendments for consistency with other amendments to the ITR and Tender Documents.
Schedule B - Preliminary Proposals / Not applicable / ITR updated to reflect amendments to evaluation criteria with respect to key risk areas.
Note that the Applicant is requested to ensure proposals are focused on the contractor's activities, the works and the project.
Other minor amendments for consistency with other amendments to the ITR and Tender Documents.
Schedule C - Previous Performance / Not applicable / ITR updated to streamline/clarify information provided in respect of previous performance.
Note new "rows" in tables requesting details of:
· non-compliances with quality system/framework and rectification of same; and
· non-compliance/s with ESD and WOL obligations and rectification of same.
Other minor amendments for consistency with other amendments to the ITR and Tender Documents.
Note that this schedule has an additional table for “collaborative contracting” when used for MCC-1 2003.
Schedule D - Building Code 2016 / Not applicable / The updated Schedule reflects the updated requirements for the Building Code 2016.
Schedule E - Additional Conditions for Participation / Not applicable / Minor amendments for consistency with other amendments to the ITR and Tender Documents.
ITR updated to replace "DCFPC" with "DPA".
Schedule F - Information Security / Not applicable / New information security schedule, requesting details of "general approach to information security" and the completion of a questionnaire (for the purposes of an initial risk assessment).
Note that Commonwealth is required to notify Applicants at the time of publishing the ITR on AusTender (or otherwise issuing the ITR) if Sensitive and Classified Information applies.
2. Disclaimer and Confidentiality Agreement (MCC-1 2003 ONLY)
Topic/Subject / Reference (if applicable) / Description /Disclaimer and Confidentiality Agreement / Not applicable / Disclaimer and Confidentiality Agreement has been updated to reflect changes to the Tender Documents and tender process, including to reflect the issuing of notices by email, potential use of AusTender and new information security requirements.
Note that certain provisions regarding information security and "Material Change or Defence Strategic Interest Issue" only apply if a registration of interest process was not used.
3. TENDER DOCUMENTS (MCC-1 2003)
Topic/Subject / Reference (if applicable) / Description /General - AusTender / Various / Tender Documents updated to reflect AusTender terminology/use eg Tender Administrator now "Contact Officer".
General - form of communication / Various / Tender Documents updated to provide that communications during a tender process will primarily be conducted by email, although communication by post is still permitted in certain circumstances.
Note that the Commonwealth (and not the Contact Officer) is required to issue the following notices by email or post:
· notice of appointment as preferred Tenderer (clause 7(d));
· notice of discontinuing negotiations with preferred Tenderer or appointing one or more preferred Tenderers with which to enter into negotiations (clause 7(g));
· notice regarding non-conforming Tender (clause 9(a)(i));
· notice regarding set aside Tender (clause 9(a)(ii)A);
· notice regarding unsuccessful Tender (clause 9(a)(ii)B); and
· notices regarding Material Change or Defence Strategic Interest Issue (29.3).
Tender No - now "ATM ID" / Various / Tender Documents updated to reflect AusTender terminology/use.
Information for Tenderers - AusTender / 1.2 / Tender Documents updated to reflect AusTender terminology/use and align with AusTender model clauses.
Interpretation of Tender Documents, Questions and Amendments - Interpretation / 2.1 / Tender Documents updated to streamline location of all defined terms into clause 2.1.
Various new definitions including with respect to information security, financial viability, the Indigenous Procurement Policy and material change or Defence strategic interest issue.