General Conditions of Tendering
<#GBC_TENDER.CONTRACT_NAME>
CONTRACT NO:<#GBC_TENDER.CONTRACT_NO>
CONDITIONS OF REGISTRATION
Contact Person
Name:<#PROJECT.PROJECT_RISK_MANAGER>, Project Risk Manager
Telephone:<#PROJECT.PRM_PHONE>
Email:<#PROJECT.PRM_EMAIL>
Registration of Interest Closing Information
Time:2.00 pm
Day:Wednesdayor Friday
Date:day month year
Location:Building Management
Department of Planning, Transport and Infrastructure
Electronic Tender Box
SA Tenders and Contracts website
REGISTRATION DOCUMENTS
Conditions of Registration
Project Brief
SAMIS Site Plan
Functional Use Plan
Staging Plan
List other relevant documents included
CONTENTS
Preamble
Part 1General
1.1Invitation to Register
1.1.1Registration Field
1.1.2Contact person
1.1.3Registrant to Acquire Information
1.1.4Registrant briefing
1.1.5Site Visit
1.1.6Enquiries
1.1.7Errors, Omissions, Ambiguities and Discrepancies
1.1.8Amendments of and to Registration Documents
1.1.9Conditions of Contract
1.1.10Local office
1.2Information about State Contracting
1.2.1Code of Practice
1.2.2Buy Australian Made Procurement Policy
1.2.3Local Industry Participation Process
1.2.4Work Health and Safety
1.2.5Disclosure of Government Contracts
1.2.6Workforce Participation and Skills Development
1.3Information about Australian Government Requirements
1.3.1The Australian Government Building and Construction OHS Accreditation Scheme
1.3.2Building Code 2013
Part 2Registration of Interest Submission
2.1Submission
2.1.1Signature
2.1.2Lodgement of Registration of Interest
2.1.3Late Registrations of Interest
2.1.4Informal Registrations of Interest
2.1.5Validity Period
2.2Information to be Submitted
Part 3Process for Determining the Contractor Tender Field
3.1.1Registration of Interest Evaluation Panel
3.1.2Evaluation Process
3.1.3Registration acceptance
3.1.4Notification
Part 4Process Conditions
4.1General
4.1.1Probity
4.1.2Reservation of rights
4.1.3State’s expectations
4.1.4Registrants’ expectations
4.1.5Confidentiality
4.1.6Copyright
4.1.7Warning - State supplied information
4.1.8Warning - third party supplied information
4.1.9Cost of preparation of registrations of interest
Part 5Project Brief
5.1Background
5.2Project Details
5.2.1Scope
5.2.2Site
5.2.3Budget
5.2.4Program
5.2.5Risk Assessment
5.3Organisation and Governance
5.3.1Project Team
5.3.2Governance
Attachment 1
Attachment 2
Attachment 3
Preamble
Building Management, Project Services, a directorate of the Department of Planning, Transport and Infrastructure (DPTI) provides asset, risk and project advice and management to the South Australian Government and its agencies and facilitates the interface between Government and the building and construction industry.
In partnership with the building industry Building Management, Project Services strives for excellence in the delivery of its projects to the South Australian community.
The Contractor will contract to construct the works and to manage the sub-contractors while liaising with the Principal, Principal’s professional service contractors and all other relevant stakeholders in return for a Contract Price.
This project is being delivered for the <#PROJECT.LEAD_AGENCY>. The Principal, wishes to work as a team with the Lead Agency, DPTI, the Contractor and the appointed professional service contractors to achieve project objectives particularly completion to specified quality, program and budget.
CONDITIONS OF REGISTRATION
Part 1General
1.1Invitation to Register
An invitation to register does not give rise or amount to a process contract whether a registration of interest is submitted in response to this request for registration of interest or not and whether or not a contract is subsequently awarded. (A process contract means a contract about the registration of interest/tendering process.). By submitting a registration of interest, the registrant will be bound by the promises required by the Government of South Australia (State) regarding probity and publicity. In consideration of that promise, the State will evaluate the registration of interest.
After considering any responses submitted in accordance with these Conditions of Registration the State, represented by the Department of Planning, Transport and Infrastructure (DPTI), will decide whether or not to enter into negotiations with one or more preferred registrants.
1.1.1Registration Field
Only registrations from contractors registered as DPTI Building and Construction Project Prequalification System, Category <#GBC_TENDER.CATEGORY> will be considered.
1.1.2Contact person
A registrant must only communicate with the DPTI Contact Person. Registrants cannot rely on communications with any other person.
The DPTI Contact Person is identified on the cover of this document. In the absence of the contact person contact DPTI Building Management Contracts on 8226 5632.
1.1.3Registrant to Acquire Information
Registrants shall obtain all information relevant to a Registration of Interest conforming to the registration documents including thorough familiarisation with the documents and the site upon which the work under the Contract is to be executed.
1.1.4Registrant briefing
A briefing for Registrants is to be held at location at time, date. Advise the Contact Person of your attendance.
1.1.5Site Visit
A site inspection for all Registrants is to be held at location at time, date. Advise the Contact Person of your attendance.
1.1.6Enquiries
All enquiries relating to the registration of interest documents shall be referred as early as possible to the Contact Person named on the cover of the Conditions of Registration.
Registrants may expect that in response to a query submitted at least a week before registration of interest closing the State will respond. The State reserves the right to respond or not to respond at its discretion to any query or matter raised later than one week before the registration of interest closing.
The State reserves the right to inform all other registrants of the question or matter raised and the response given, but may at its discretion choose not to do so.
1.1.7Errors, Omissions, Ambiguities and Discrepancies
The information contained or referred to in the registration of interest documents is provided to assist the registrant to complete a registration of interest.
If the registrant does not have access to the information and considers that it is critical to preparing the registration of interest, notify the person named in the Registration of Interest advertisement, letter of invitation or such other form of notice who will consider providing access to the information.
1.1.8Amendments of and to Registration Documents
The State may cancel, supplement, vary or amend the terms of the registration of interest documents at any time and will give notice of any such change by issuing an addendum to registrants.
1.1.9Conditions of Contract
The conditions governing the proposed contract arethe AS2124—1992General conditions of contract orAS4300—1995General conditions of contract for design and construct or GC21 (Edition 1 as amended) General Conditions of Contract.
1.1.10Local office
If the registrant does not have offices in Adelaide it is a requirement that there is full assessment and demonstration of its management methodology in regard to project communication and day-to-day management.
It is a preference for interstate firms to have a working relationship with an Adelaide based contractor registered in the requiredDPTI Building and Construction Project Prequalification System Category.
1.2Information about State Contracting
1.2.1Code of Practice
Registrants shall comply with the Code of Practice for the South Australian Construction Industry. Lodgement of a registration of interest will be evidence of the agreement by the registrant to comply with the Code for the duration of any resulting contract that may be awarded. If a registrant fails to comply, the failure will be taken into account by the Government of South Australia and its agencies when considering this or any subsequent tender by the registrant and may result in such tender being passed over and/or a change in the status of the contractor on any State Government register of contractors.
1.2.2Buy Australian Made Procurement Policy
The State is committed to reducing the imported content of government procurement and requires that contractors who provide services and products to the State buy Australian products wherever possible.
1.2.3Local Industry Participation Process
Consistent with the Australian Industry Participation National Framework, the State is committed to maximising Australian industry participation to encourage greater opportunities for local and regional suppliers.
1.2.4Work Health and Safety
If selected, the registrant/tenderer will be required to comply with all relevant laws including without limitation, requirements of the Work Health and Safety Act 2012.
1.2.5Disclosure of Government Contracts
The State will require any contract arising from this procurement process, to include an acknowledgement that the State may disclose and publish the contract in full, and any extract of information about the contract, to interested persons or publicly, in accordance with the State’s policy for the time being in respect of disclosure of government contracts. The State’s current policy is set out in Premier and Cabinet Circular PC027, a copy of which is appended or the text of which can be accessed at
1.2.6Workforce Participation and Skills Development
The State has a policy of ensuring the increased employment of people such as Aboriginal people, Trainees and Apprentices, Local Persons with Barriers to Employment and the upskilling of people involved on government building and civil construction contracts in South Australia.
Any contract arising from this procurement process will require the contractor to be subject to obligations relating to the employment of people in a target group and the upskilling of people engaged directly in connection with the performance of that contract.
Clauses to be included if required under an Australian Government /SA Government funding agreement.
1.3Information about Australian Government Requirements
1.3.1The Australian Government Building and Construction OHS Accreditation Scheme
It is a requirement of this project that any persons contracted to undertake the building work be accredited under the Australian Government Building and Construction OHS Accreditation Scheme established by the Fair Work (Building Industry) Act 2012, at the time of entering into the contract for the building work and maintain accreditation while the building work is being carried out.
1.3.2Building Code 2013
Registrants are advised that the Building Code 2013 (Building Code) and the Supporting Guidelines to the Building Code 2013 (Supporting Guidelines)apply to the proposed construction contract. Copies of the Building Code and Supporting Guidelines are available at
By submitting a registration of interest the registrant:
(a)will be deemed to have read; and
(b)agrees that itwill comply with the Building Code and Supporting Guidelines.
Part 2Registration of Interest Submission
2.1Submission
2.1.1Signature
A person or persons authorized to agree to the terms and conditions of the Contract must sign the registration of interest on behalf of the registrant. The entity that submits the registration of interest must be the same as the entity that will enter into the Contract if successful.
2.1.2Lodgement of Registration of Interest
Electronically lodge the registration of interest including all relevant documents in the SA Tenders & Contracts Electronic Tender Box before the time stated on the cover of these Conditions of Registration.
A registration of interest received via electronic lodgement will be regarded as full and complete. If registrants need to modify any part of a group of documents that constitute a registration of interest response, then the whole registration of interest must be re-lodged.
2.1.3Late Registrations of Interest
The time of delivery of late registrations of interest will be recorded by the Electronic Tender Box. DPTI may at its discretion decline to consider registrations of interest received after the time stated.
The State may consider or accept (at the State’s sole discretion) any registration of interest including without limitation a late registration of interest or the registration of interest of a registrant who has failed to submit a registration of interest in accordance with these Conditions of Registration.
2.1.4Informal Registrations of Interest
Any registration of interest which does not comply with the registration of interest documents may result in the registration of interest being regarded as non-conforming.
2.1.5Validity Period
Registrations of interest shall remain valid for a period of sixty (60) days from the date on which registrations of interest close.
2.2Information to be Submitted
The following, along with the DPTI Building and Construction Project Prequalification System performance score for each registrant, are the selection criteria and the information to be submitted by all registrants at registration of interest closeto allow evaluation by the evaluation panel. The selection criteria are not necessarily in order of importance.
Project Risk Managers are to select the desired non-price criteria from the following lists or to include other project specific criteria. ESD should generally be selected.
The registration of interest must include.
(a)Registrant’s profile in SA including project management, technical and human resources. (Max two (2) A4 pages.)
(b)Details of three recent South Australian or other projects over $10 million completed involving the key personnel nominated for this project, including services provided, client, program constraints, contract method and risk profile. Include the names of referees. (Max five (5) A4 pages.)
(c)Proposed key personnel, their current location and their experience on complex, multi-staged and fast tracked projects. Include their curriculum vitae. (Max three (3) A4 pages. CVs to be included separately as an appendix)
(d)Experience of proposed key personnel in the proposed design construct form of contract. (Max two (2) A4 pages.)
(e)Overview of the registrant’s approach to achieving ecologically sustainable development in design and during construction. (Max two (2) A4 pages.)
(f)Other information which may assist in the assessment of the ability of the registrant to provide the necessary services to successfully complete the project.
Part 3Process for Determining the Contractor Tender Field
3.1.1Registration of Interest Evaluation Panel
The registration of interest evaluation panel generally including but not limited to DPTI and the lead professional service contractor representatives will conduct an evaluation of registrations of interest received and make recommendations for the awarding of the Contract.
3.1.2Evaluation Process
Initially the registration of interest evaluation panel will determine that:
(a)the registrant is registered in the required prequalification category;
For Australian Government funded projects only
(b)the tenderer is accredited under the Government Building and Construction OHS Accreditation Scheme;
(c)there has been compliance with the Code of Practice.
The panel will then evaluate the services and capability of each registrant in accordance with the selection criteria with a view to identifying a short-list of registrants to be invited to tender
3.1.3Registration acceptance
The State is not obliged to accept any registration of interest. A registration of interest shall not be deemed to have been accepted unless and until notice in writing of acceptance of the registration of interest is received by the registrant or is delivered to the address of the registrant stated on the Tender Form.
3.1.4Notification
The State will notify all registrants of the result of this invitation, or if this invitation is withdrawn, without being obliged to give reasons for the result or withdrawal.
Part 4Process Conditions
4.1General
4.1.1Probity
The registrant must observe the following requirements of the registration of interest process and will:
(a)declare any actual or potential conflict of interest, or any basis upon which there might be a public perception of a conflict of interest or public controversy in relation to its potential involvement in the provision of services to the State;
(b)not seek to employ or engage the services of any person who has a duty to the State as an adviser, consultant or employee in relation to this process;
(c)not collude with any registrant or potential registrant;
(d)comply with all laws in force in South Australia applicable to the process;
(e)disclose whether acting as agent, nominee or jointly with another person and disclose the identity of the other person;
(f)not offer any incentive to, or otherwise attempt to influence, any employee of the State or any member of an evaluation committee at any time; and
(g)not make any news releases or responses to media enquiries and questions pertaining to this process without the State’s written approval.
If the registrant acts contrary to these expectations, the State reserves the right (regardless of any subsequent dealings) to:
(i)terminate negotiations;
(ii)terminate consideration of the registration of interest; and
(iii)terminate any contract between the registrant and the State in relation to the project without any obligation on the State to make any payment to the registrant.
4.1.2Reservation of rights
The State reserves the right, in its absolute discretion, to:
(a)invite any person or entity to submit a registration of interest;
(b)extend the registration of interest closing date;
(c)vary the request for registration of interest at any time;
(d)vary the evaluation and selection process, including the structure or timing of the selection process or the basis upon which registrations of interest are required, evaluation or accepted, provided the change is not unfair to registrants;
(e)terminate further participation in the process by any registrant;
(f)consider a registration of interest submitted other than in accordance with these Conditions of Tendering;
(g)consider an incomplete registration of interest;
(h)abandon this invitation process at any time;
(i)clarify any aspect of a registration of interest after the closing date;
(j)seek the advice of external consultants to assist the State in the evaluation or review of registrations of interest;
(k)make enquiries of any person or entity to obtain information about the registrant and its registration of interest;
(l)seek information from any registrant;
(m)following evaluation of registrations of interest, invite revised registrations of interest from one or more registrants;
(n)following evaluation of registrations of interest, negotiate with a registrant;
(o)enter into negotiations with any other person or entity who is not a registrant;
(p)discontinue negotiations at any time with any registrant; and
(q)propose revised or replacement contract terms at any stage in this procurement process in substitution for, or in addition to, the terms and conditions included.
4.1.3State’s expectations
The State expects that:
(a)a registrant has the necessary skills, knowledge and experience to comply with the Statement of Requirements and/or Specifications;
(b)a registrant has fully informed itself of all facts and conditions relating to this process and the Statement of Requirements and/or Specifications; and
(c)all prices submitted will be fixed (unless otherwise specifically indicated).
4.1.4Registrants’ expectations
Registrants can expect that the State will:
(a)preserve the confidentiality of confidential information (subject to clause 4.1.5 concerning confidentiality);
(b)afford every registrant the opportunity to compete fairly;
(c)subject to the State’s right to terminate this process, consider a registration of interest which is submitted in accordance with these rules by a registrant who has:
(i)complied with the State’s expectations as to probity;
(ii)provided the information required in this stage of the process as set out in this Invitation; and
(iii)co-operated with registration of interest rules.
4.1.5Confidentiality
A registrant and the State may disclose information to any consultant engaged by the registrant or the State for the purpose of this process if the consultant is required to preserve the confidentiality of that information.