Road Construction Contract

Conditions of Tendering

Form C6821
October 09

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

Table of Contents
Page
1

NATURE OF CONTRACT .......................................................................................................................................1

INTERPRETATION ..................................................................................................................................................1

AVAILABILITY OF TENDER DOCUMENTS .......................................................................................................2

3.1
3.2
3.3
3.4

Where Prequalification Requirements Apply ....................................................................................................2

Where Project-Specific Pre-registration Applies ...............................................................................................2
Where No Prequalification or Pre-registration Requirements Apply ................................................................2
Identity of Prospective Tenderers ......................................................................................................................2

CONTENTS OF TENDER ........................................................................................................................................2

LODGEMENT OF TENDERS ..................................................................................................................................3

5.1
5.2
5.3
5.4
5.5
5.6

Tender Packaging ..............................................................................................................................................3

Lodgement Location ..........................................................................................................................................3
Time for Lodgement ..........................................................................................................................................3
Tenders Forwarded Indirectly or by Electronic Means .....................................................................................3
Tenderers Acceptance of the Conditions of Tendering ....................................................................................4
Contractor Deemed to Accept Appointment as Principal Contractor ................................................................4

TENDER VALIDITY PERIOD .................................................................................................................................4

OPENING OF TENDERS .........................................................................................................................................4

NOTICES TO TENDERERS .....................................................................................................................................4

DISCREPANCIES, ERRORS, OMISSIONS AND QUESTIONS............................................................................4

10

COMPLYING TENDERS .....................................................................................................................................4

11

CONFORMING/NONCONFORMING TENDER ................................................................................................5

12

ALTERNATIVE TENDERS .................................................................................................................................5

13

PREREQUISITES TO ACCEPTANCE ................................................................................................................5

14

CONSIDERATION AND ACCEPTANCE OF TENDERS ..................................................................................5

14.1
14.2
14.3

Consideration and Assessment of Tenders ........................................................................................................5

Acceptance of a Tender .....................................................................................................................................6
Formal Instrument of Agreement ......................................................................................................................6

15

COSTS OF TENDER ............................................................................................................................................6

16

MATTERS AFFECTING THE TENDER PRICE ................................................................................................6

17

ETHICS .................................................................................................................................................................6

18

INSPECTION OF SITE .........................................................................................................................................6

19

INFORMATION ...................................................................................................................................................6
19.1
19.2
19.3

20

Site Information .................................................................................................................................................6

Insurance Information........................................................................................................................................7
Registered Suppliers ..........................................................................................................................................7
PUBLIC UTILITY PLANT ...................................................................................................................................7
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C6821
October 09

Conditions of Tendering
21

Department of Transport and Main Roads

Road Construction Contract

TENDER SCHEDULES REQUIRED AT TIME FOR LODGEMENT OF TENDERS ...................................... 7

21.1
21.2
21.3
21.4
21.5
21.6
21.7
21.8
21.9
21.10

22

Requirements .................................................................................................................................................... 7
Tender Schedule M1 Schedule of Rates ........................................................................................................ 7
Tender Schedule M2 Schedule of Prices ....................................................................................................... 8
Tender Schedule M3 Planned Cash Flow Schedule....................................................................................... 8
Tender Schedule M4 Tender Program ........................................................................................................... 8
Tender Schedule M5 Form of Security .......................................................................................................... 9
Tender Schedule M6 Receipt of Notices to Tenderers .................................................................................. 9
Tender Schedule M7 Daywork Schedule ....................................................................................................... 9
Tender Schedule M8 Prequalification Requirements..................................................................................... 9
Tender Schedule M9 Designer of RSS ...................................................................................................... 9

TENDER SCHEDULES TO BE COMPLETED ONLY IN SUPPORT OF THE BEST TENDER ................. 9

22.1
22.2
22.3
22.4
22.5
22.6
22.7
22.8
22.9

23

General .............................................................................................................................................................. 9
Tender Schedule P1 Work Commitments ...................................................................................................... 9
Tender Schedule P2 Current Security Exposure ............................................................................................ 9
Tender Schedule P3 Current Cash Flow ........................................................................................................ 9
Tender Schedule P4 Schedule of Subcontractors and Suppliers .................................................................. 10
Tender Schedule P5 Schedule of Key Personnel ......................................................................................... 10
Tender Schedule P6 Critical Plant and Equipment Schedule....................................................................... 10
Tender Schedule P7 Site Establishment and Camp Statement..................................................................... 10
Tender Schedule P8 Design of RSS ............................................................................................................. 10
PROJECT SPECIFIC TENDER SCHEDULES ................................................................................................. 10

23.1
23.2
23.3
24

Tender Schedule S1 Quality Plan Outline ................................................................................................... 10

Tender Schedule S2 Environmental Management Plan Outline .................................................................. 10
Tender Schedule S3 Traffic Management Plan Outline............................................................................... 11
TENDER SCHEDULES FOR ALTERNATIVES DESIGNED BY THE TENDERER .................................... 11

24.1
24.2
24.3
24.4
25

General ............................................................................................................................................................ 11
Tender Schedule D2 Alternative Design...................................................................................................... 11
Tender Schedule D3 Designer of Alternative Design .................................................................................. 11
Design and Construction Standards ................................................................................................................ 12
TENDER SCHEDULES FOR REINFORCED SOIL STRUCTURES .............................................................. 12

25.1
25.2
25.3
25.4
26

General ............................................................................................................................................................ 12
Tender Schedule P8 Design of RSS ............................................................................................................. 12
Tender Schedule M9 Designer of RSS ........................................................................................................ 12
Boundary of Reinforced Soil Structure ........................................................................................................... 12
ADJUSTMENT OF A TENDER ........................................................................................................................ 13

26.1
26.2
26.3
26.4
27

Schedule of Rates Contract ............................................................................................................................. 13

Lump Sum Contract ........................................................................................................................................ 13
Part Schedule of Rates and Part Lump Sum Contract..................................................................................... 13
Redistribution of Amounts for Site Establishment and Disestablishment and/or Camp ................................. 13
ASSESSMENT OF TENDERS .......................................................................................................................... 13

27.1
27.2
27.3
27.4
27.5

Definitions ...................................................................................................................................................... 13
General ............................................................................................................................................................ 14
Information Provided by Tenderers ................................................................................................................ 14
Combined Price/Non Price Selection Criteria and Weighting Factors ........................................................... 14
Feedback to Unsuccessful Tenderers .............................................................................................................. 14

28

PRIVATE INFORMATION ............................................................................................................................... 14

29

JOINT VENTURES ............................................................................................................................................ 14

30

ADDITIONAL CLAUSES ................................................................................................................................. 16

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C6821
October 09

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

Conditions of Tendering
1

NATURE OF CONTRACT

The proposed contract is either a schedule of rates,

lump sum or part schedule of rates and part lump
sum construction contract, as stated in the Annexure
Part A to the General Conditions of Contract and as
described in Clause 3 of the General Conditions of
Contract, for the performance of work in accordance
with the Tender Documents described in Clause 2.

INTERPRETATION

In these Conditions of Tendering and in the Tender

Documents, all words and expressions shall have the
meanings given to them in the General Conditions of
Contract and the following words and expressions
shall have the meanings given to them below except
where the context otherwise requires
Authorisation means that the person signing the
Tender (C6801) and associated schedules (C6810
suite) is certifying that they are duly authorised
to submit, on behalf of the Tenderer, the tender
and information requested, and that the
information as submitted is correct.
Complying Tender means a Tender described
as such in Clause 10;
Conforming Tender means a Tender described
as such in Clause 11;
Letter of Acceptance means the letter from the
Principal to the Tenderer confirming acceptance
of the Tender;
Tender means the documents included in the
Tender Documents, and any attachments required
by these Conditions of Tendering, duly completed
and executed by or on behalf of the Tenderer and
received by the Principal in accordance with these
Conditions of Tendering;

(e) the General Conditions of Contract (C6830)

and the Annexure Part A to the General
Conditions of Contract (C6832);
(f)

the Supplementary Conditions of Contract

(C6838) and the Annexure to the
Supplementary Conditions of Contract
(C6839);

(g) any Special Conditions of Contract;

(h) the standard documents specifically
incorporated by reference in the Standard
Documents List (C6825);
(i)

the
Annexures
Specifications;

to

the

(j)

the Drawings List (C6826);

Standard

(k) the Principal Supplied Material List

(C6827);
(l)

the
Project-Specific
Specifications;

Supplementary

(m) the Unconditional Bank Guarantee for

Security forms (C6840, C6841, C6842 and
C6855) and the Unconditional Insurance
Bond for Security forms (C6843, C6844,
C6845 and C6856);
(n) the Confirmation of Subcontractors Trust
Account form (C6846);
(o) the Statutory Declarations - Engagement of
Subcontractors form (C6847), Contractors
Payment Claim forms (C6850 and C6851)
and Tender by Joint Venture (C6035);
(p) the Deed of Guarantee, Undertaking and
Substitution form (C6848);
(q) the Deed of Novation form (C6849);
(r)

the 10% Training Policy forms (C6852);

(s)

the Notice of Appointment of Principal

Contractor form (Form 34, Department of
Industrial Relations);

(a) the Information for Tenderers (C6820);

(t)

the Designers Deed of Covenant (C6854);

(b) the Conditions of Tendering (C6821) and

the Annexure to the Conditions of
Tendering (C6822);

(u) the Drawings;

Tender Documents means the documents issued

to prospective tenderers and includes

(c) the Tender Form (C6801 for a schedule of

rates contract, C6802 for a lump sum
contract or C6803 for a part schedule of
rates and part lump sum contract);
(d) the Tender Schedules (C6810 suite);

(v) any Construction Tables, Materials Lists

and/or Reinforcement Schedules;
(w) any Site Information;
(x) any Notices to Tenderers; and
(y) any other documents incorporated by
reference;

Page 1 of 16
C6821
October 09

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

Tender Form means the Tender Form provided

by the Principal in the Tender Documents to be
completed and executed by the Tenderer and
returned to the Principal as part of the Tender;
Tender Price means the amount tendered by the
Tenderer in its Conforming Tender for the whole
of the work specified in the Tender Documents as
inserted by the Tenderer on the Tender Form;
Tender Schedules means the Tender Schedules
provided by the Principal in the Tender
Documents to be completed by the Tenderer and
returned to the Principal as part of the Tender;
Tenderer means the person or persons identified
as such on the Tender Form and includes all
persons on whose behalf the person named
therein may be deemed to have lodged the
Tender.

AVAILABILITY OF TENDER
DOCUMENTS

3.1

Where Prequalification Requirements

Apply

Where the requirements of the Major Works

Prequalification System apply, Tender Documents
will be issued on request only to eligible tenderers.
An eligible tenderer shall be deemed to be an
organisation which
(a) at the time of requesting Tender Documents is
prequalified for the class of work concerned
and at the prescribed level; or
(b) is deemed to be eligible by the Principal or a
duly delegated representative of the Principal.
Tenders will be considered only when received from
eligible tenderers.
Tenders that do not satisfy the Major Works
Prequalification System as determined in a
Prequalification Check will be rejected.
The advertisement inviting tenders, placed in a
local and/or Brisbane newspaper, will contain the
minimum prequalification level(s) required for the
Contract.
3.2

Where Project-Specific Preregistration Applies

Where project-specific pre-registration applies,

Tender Documents will be issued only to preregistered organisations.

Page 2 of 16
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October 09

3.3

Where No Prequalification or Preregistration Requirements Apply

Where prequalification and project-specific preregistration do not apply for the class of work
concerned, Tender Documents will be made
available to persons or organisations at the location
stated in the advertisement inviting tenders placed
in a local and/or Brisbane newspaper.
3.4 Identity of Prospective Tenderers
Upon request, the identity of prospective tenderers
who have obtained Tender Documents from the
Principal may be divulged to other interested parties.
3.5

Electronic Tender Forms

The Principal will supply an electronic version of

project Tender forms in MS Word/MS
Excel/Acrobat format as applicable. If not included
in the Tender Documents, the Tenderer may obtain
electronic forms from that person identified in Item 8
of the Information for Tenders (C6820).
Tender forms made available electronically for use
by the Tenderer, must be submitted in hard copy in
accordance with Clause 4 and 5.

CONTENTS OF TENDER

A Tender must
(a) be for the whole of the work described in the
Tender Documents;
(b) be submitted on the Tender Form provided by
the Principal, which form must be duly
completed and executed by the Tenderer;
(c) be accompanied by the Tender Schedules
required by the Conditions of Tendering duly
completed by the Tenderer;
(d) be free of alterations or erasures, and all
information provided must be clearly stated and
capable of being legibly photocopied;
(e) be signed by a person or persons having full
authority to enter into the proposed contract on
behalf of the Tenderer and
(i)

the name and the position of the person

signing must be printed clearly in the
locations indicated adjacent to the
signature;

(ii)

evidence of the authority of the person or

persons signing on behalf of the Tenderer
must be furnished if requested by the
Principal; and

Department of Transport and Main Roads

Road Construction Contract

(iii)

(f)

the signature must be witnessed and the

witness must insert his/her name and sign
the Tender Form in the locations
provided;

where the Tenderer is an individual, a Local

Government or a Main Roads business unit, set
out the full name and the address of the
Tenderer;

(g) where the Tenderer is a corporation, set out

LODGEMENT OF TENDERS

(ii)

the address of its registered office;

5.1

Tender Packaging

(iii)

its A.C.N.;

(i)

the full name of the corporation;

(ii)

the address of its registered office;

(iv) the name and address of its representative

in Australia (if any);

Where possible, the Tender must be enclosed and

sealed in any envelope included with the Tender
Documents for that purpose.
Where this is not possible or no envelope is
provided, the Tender must be completely enclosed
and securely packaged and endorsed on the
outside
TENDER FOR .........(Contract Number)........... .

where the Tenderer is a firm, set out the full

name and the address of each member of the
firm.

The Tender must be addressed to the Principal at the

address stated on the Tender Form.

where the Tenderer trades under a business

name which differs from the Tenderer's name,
set out the business name;

The Tender must be lodged at the location for

lodgement of tenders nominated in Item 2 of the
Annexure to the Conditions of Tendering.

(k) where the Tenderer is a trustee, set out details

of the trust and include copies of the trust deed;
and
(l)

If the Tenderer is a joint venture between two or

more parties the Tenderer must comply with certain
additional requirements as specified in Clause 29 of
the Conditions of Tendering.

the full name of the corporation;

(iii) its A.R.B.N.; and

(j)

Failure to complete the Tender Form or any of the

Tender Schedules or to provide any required
information in accordance with these Conditions of
Tendering may result in the Tender being declared
Noncomplying and rejected.

(i)

(h) where the Tenderer is a foreign corporation or

foreign firm, set out

(i)

Conditions of Tendering

be in English and all prices and rates must be in

Australian dollars and unless otherwise
specified, all measurements must be in
Australian legal units of measurement.

The Tenderer must not alter or add to the Tender

Documents except as required by the Conditions of
Tendering.
The Tenderer must submit its Tender in the number
of complete copies stated in Item 1 of the Annexure
to the Conditions of Tendering. One set must be
marked Original and the other sets must be marked
Copy and in the event of any discrepancies
between the sets, the set marked Original shall
prevail. All copies of the Tender Documents must
be signed where necessary by the Tenderer. One set
marked Copy must remain unbound while the set
marked Original and any other sets marked
Copy must be securely bound.
All of the Tender Documents shall be deemed to
form part of the Tender.

5.2

5.3

Lodgement Location

Time for Lodgement

The Tender must be lodged by no later than the time

for lodgement of tenders nominated in Item 3 of the
Annexure to the Conditions of Tendering.
A Tender received at the location for lodgement of
tenders after the time for lodgement of tenders will
not be considered unless there is evidence
satisfactory to the Principal that the Tender was
mailed (or despatched by other recognised carrier
providing a direct delivery service to the location for
lodgement of tenders) at a time which, under normal
delivery circumstances, would have ensured its
receipt at the location for lodgement of tenders by
the time for lodgement of tenders, but that delivery
was delayed by circumstances beyond the control of
the Tenderer and the carrier concerned.
5.4

Tenders Forwarded Indirectly

Tenders forwarded indirectly by facsimile, e-mail or

other electronic means to the office of the addressee,
or forwarded by these means to any other office of
the Principal, will not be considered unless
(a) the Tender is forwarded to an independent third
party; and
Page 3 of 16
C6821
October 09

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

(b) the independent third party submits the tender

in accordance with Clauses 5.1, 5.2 and 5.3.
5.5

Tenderers Acceptance of the

Conditions of Tendering

By lodging a Tender, the Tenderer shall be deemed

to have accepted these Conditions of Tendering.
5.6

Contractor Deemed to Accept

Appointment as Principal Contractor

By lodging a Tender, the successful Tenderer is

deemed to accept appointment as the Principal
Contractor under the Workplace Health and Safety
Act (1995) from the Date of Acceptance of Tender.

TENDER VALIDITY PERIOD

In consideration of the Principal receiving the Tender

and considering it along with other tenders, the
Tenderer agrees that its Tender shall remain valid
and open for acceptance for the period as stated in
Item 4 of the Annexure to the Conditions of
Tendering. The Tenderer may withdraw its Tender
after the expiration of, but not during, this period.
The Tender shall be deemed not to have lapsed by
reason of any discussions or correspondence, without
limitation, which occur during the tender validity
period.

OPENING OF TENDERS

Tenders will be opened as soon as possible after the

time for lodgement of tenders.
Tenderers and/or their agents and other interested
persons may attend the opening of tenders.
At the opening, an announcement is made of the
tenderer's name, whether the tender may be
complying, and:

for price only tendering criteria, the tendered

amount as shown on the Tender Form of the
Original Tender;

for combined price and non-price tendering

criteria, the tender's ranked by price.

NOTICES TO TENDERERS

Any clarification concerning any aspect of the

Tender Documents will be issued in the form of a
Notice to Tenderers and will be issued to all
tenderers.
Notices to Tenderers may be issued by the Principal
before the time for lodgement of tenders to revise,
amend or modify any part of the Tender Documents.

Page 4 of 16
C6821
October 09

No explanation or interpretation of the Tender

Documents by the Principal may be relied upon by
the Tenderer unless given in the form of a Notice to
Tenderers.
The Tenderer must acknowledge receipt of each
Notice to Tenderers in Tender Schedule M6, refer to
Clause 21.7.

DISCREPANCIES, ERRORS,
OMISSIONS AND QUESTIONS

If the prospective Tenderer has any doubt as to the

meaning or intention of any of the documents
forming part of or incorporated by reference in the
Tender Documents, or if the prospective tenderer
requires further information to ensure that it has a
clear and correct understanding of the nature and
extent of the work to be carried out under the
Contract, the prospective tenderer must direct any
enquiries in writing (which may be sent by means of
facsimile transmission) to the person whose name
appears in Item 5 of the Annexure to the Conditions
of Tendering.
Any answers to such enquiries will be given by the
Principal in the form of Notices to Tenderers.
If when submitting its Tender the Tenderer still has
any doubt as to the meaning of any part of the
Tender Documents, the Tenderer must include a
statement of the interpretation upon which it relies
and upon which its Tender has been prepared.
A pre-lodgement of tenders conference may be held
prior to the time for lodgement of tenders at which
the Tenderer can raise any matters upon which
clarification is required. Details of any clarification
given at the meeting will be provided to the Tenderer
by a Notice to Tenderers.
The time and place of the pre-lodgement of tenders
conference, if any, is shown in Item 6 of the
Annexure to the Conditions of Tendering.

10

COMPLYING TENDERS

A Complying Tender shall be deemed to be a tender

which satisfies all of the requirements of the
Conditions of Tendering.
A Tender that does not satisfy the Conditions of
Tendering (including Schedules that contain
alterations or erasures or sets out unit rates or
amounts which are not clearly and legibly stated)
may be rejected by the Principal.

Department of Transport and Main Roads

Road Construction Contract

11

CONFORMING/NONCONFORMING
TENDER

A Conforming Tender is a tender which conforms in

all respects to the requirements of the Tender
Documents other than the Conditions of Tendering.
The Tenderer must submit a Conforming Tender.
A Tender shall be deemed to be a Nonconforming
Tender if it does not comply with the requirements
of, or if it contains provisions not required or
allowed by, the Tender Documents other than the
Conditions of Tendering.
A Nonconforming Tender may be rejected by the
Principal.

12

ALTERNATIVE TENDERS

The Tenderer may submit one or more alternative

tenders but only if it has also submitted a
Conforming Tender. The Principal reserves the right
to consider and/or accept any alternative tender.
Any alternative tender shall be for the whole of the
work described in the Tender Documents and the
Tenderer shall provide a lump sum price for the work
associated with each alternative proposal.
An alternative tender may be submitted by providing
a list of departures from and/or amendments to the
contents of the Conforming Tender. For each
departure/amendment the Tender must
(a) provide full details of the changes to the
Conforming Tender;
(b) state the lump sum total including GST for the
alternative proposal, list all the items in the
Schedule of Rates which are to be replaced by
the lump sum and state the resulting alteration
to the Tender Price;
(c) provide a schedule of prices, including
quantities and rates, for the lump sum;
(d) state any consequent changes to the
Conforming Tender (e.g. Tender Schedules)
and include new information where necessary.
The Principal reserves the right to
(i) accept all, any or none of the departures /
amendments as it sees fit, and will indicate such
acceptance in the Letter of Acceptance;
(ii) include, prior to accepting a Tender, design and
construct provisions in the documents for any
alternative in which the Tenderers proposal
includes redesign of any part of the Works; and
(iii) accept a lump sum for an alternative which may
be for the whole or part of the Works.

Conditions of Tendering

Should an alternative tender provide for a method of

construction such that the supply of all or some of
the Principal Supplied Materials will not be required,
the Principal will not supply these unnecessary
materials and the Contractor shall not receive a credit
for the value of these materials.
If the alternative tender is based on an amended
design or alternative product or material, the
Principal will not consider the alternative tender
unless the Tenderer provides documentary evidence
that the proposed alternative meets the structural,
hydraulic and/or serviceability requirements of the
work described in the Tender Documents, together
with full design calculations in the case of structural
components, and/or the manufacturers certification
that the product is fit for its stated purpose.
The Tenderer must include relevant Tender
Schedules where the alternative tender includes any
changes to the design of the Works.

13

PREREQUISITES TO
ACCEPTANCE

The Tenderer will not be permitted to alter its Tender

after it has been lodged.
Notwithstanding any other requirements of the
Tender Documents, the Principal may require the
Tenderer to submit additional information to allow
further consideration of its Tender before any tender
is accepted.
Should the Tenderer fail to submit any of the
additional information so required by the date and
time stipulated by the Principal, the Principal may
decline to consider the Tender any further.
Without limiting the generality of Clause 13, the
Principal may require that the Tenderer submit
similar information to that required to be furnished
by the Tenderer by these Conditions of Tendering in
respect of any of the Tenderers proposed
subcontractors.

14

CONSIDERATION AND
ACCEPTANCE OF TENDERS

14.1 Consideration and Assessment of

Tenders
The Principal is not bound or required to accept the
lowest or any tender or alternative tender.
The Principal may use predetermined structured
assessment techniques for the evaluation of tenders
which may take into account, among other things,
the quality of the tendered product, long term costs
to the Principal and the tendered rates and amount.
Page 5 of 16
C6821
October 09

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

The Principal may require the Tenderer to provide

evidence of its current capacity to complete the work
under the Contract, on or before the Date for
Practical Completion, for the Tender Price.
14.2 Acceptance of a Tender
A tender will be deemed to have been accepted when
a Letter of Acceptance has been handed to the
Tenderer or posted to or left at the Tenderers
address appearing on its Tender Form.
The Letter of Acceptance shall be the notice
described in Clause 2, the date of which is the Date
of Acceptance of Tender.
14.3 Formal Instrument of Agreement
A Formal Instrument of Agreement will be prepared
by the Principal for execution by the Contractor in
accordance with Clause 6.2 of the General
Conditions of Contract.

15

COSTS OF TENDER

No payment will be made by the Principal to a

tenderer
(a) for any costs, losses or expenses incurred by a
tenderer in preparing its tender or any
alternative tender;
(b) in respect of any discussions, negotiations,
enquiries or requests for details or information
made by or on behalf of the Principal after the
submission of tenders; or
(c) for any work undertaken by any tenderer after
its tender is submitted.

16

MATTERS AFFECTING THE

TENDER PRICE

The Tender Price is to include and shall be deemed

to include all costs of complying with the Tender
Documents and associated with carrying out all
matters and doing all things necessary for the due
and proper performance and completion of the work
under the Contract, including but not limited to
licence fees, royalty payments and all charges and
taxes.

17

ETHICS

The Tenderers attention is drawn to Clause 6.3 of

the General Conditions of Contract and, by
submitting a Tender, the Tenderer warrants that it
has complied with this clause.

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October 09

18

INSPECTION OF SITE

The Tenderer will be deemed to have inspected the

Site, to have assessed the conditions relating to the
Site and to have allowed for such conditions in its
Tender Price.

19

INFORMATION

19.1 Site Information

The Principal shall make available to the Tenderer,
Site information as described in Item 7 of the
Annexure to the Conditions of Tendering. That
information is Site Information within the meaning
of that expression as used in Clause 24 of the
Supplementary Conditions of Contract and is
available in the following forms
(a) the selected printed and/or electronic
information described in Item 7A of the
Annexure to the Conditions of Tendering is
provided in the location stated in Item 7B of
that Annexure;
(b) the printed information, information in
electronic form, photographs and/or video tapes
described in Item 7C of the Annexure to the
Conditions of Tendering are available for
perusal and/or viewing by the Tenderer at the
location stated in Item 7D of that Annexure and
arrangements for inspection may be made by
contacting the person nominated in that item;
(c) where geotechnical drilling has been carried
out, drilling cores are available for inspection
by the Tenderer at the location stated in
Item 7E of the Annexure to the Conditions of
Tendering and arrangements for inspection may
be made by contacting the person nominated in
that item.
The above Site Information relates only to the
specific locations examined, measured or tested as
shown in that Site Information and may not be
representative of conditions in other parts of the Site.
Without limiting the foregoing, the Tenderer is
advised that sub-surface conditions may vary
between test locations, at depths below which
examinations, measurements and testing have been
carried out and also with time and climatic
conditions.
The Principal accepts no responsibility for any
interpretations made by the Tenderer in respect of
any Site Information. It is the Tenderers
responsibility to interpret and assess the relevance of
any Site Information, to decide whether additional
examinations, measurements and testing need to be

Department of Transport and Main Roads

Road Construction Contract

carried out and to arrange and pay for any such

further examinations, measurements and testing.
19.2 Insurance Information
Where the Principal has arranged insurance in
accordance with Alternative 2 of Clauses 18 and 19
of the General Conditions of Contract, the Principal
Arranged Insurance does not
(a) Limit, reduce or affect any liabilities and
obligations that the Contractor has under the
Contract, or
(b) Prevent the Contractor from taking out, at its
own cost, any additional insurance it considers
necessary.
A copy of the policies together with the procedures
for making a claim under the policies is available
for inspection on the website maintained by the
Principal's insurance broker, and referred to in Item
7F of the Annexure to the Conditions of Tendering.
A password will be required for access and will be
issued to tenderers who are prequalified with Main
Roads. Tenderers who do not have a password
should direct enquiries to the person whose name
appears in Item 5 of the Annexure to the Conditions
of Tendering.
The insurance policies arranged by the Principal are
subject to excesses and deductibles. The Tenderer's
attention is drawn to Clause 21.7 of the General
Conditions of Contract
19.3 Registered Suppliers
Suppliers of certain high cost and specialised
products and services are required to be registered
with Main Roads as a condition of undertaking work
under the Contract. Details of the registration
requirements are given in the relevant specification.

20

PUBLIC UTILITY PLANT

Public utility plant which will be affected by the work

under the Contract is identified in Item 8A of the
Annexure to the Conditions of Tendering. Where so
stated in Item 8A of that Annexure, the Principal has
made arrangements with the responsible Authority for
relocation of the affected utilities. Copies of any
relevant correspondence and/or agreements with
responsible Authorities are included in or available for
perusal at the location stated in Item 8B of the
Annexure to the Conditions of Tendering and
arrangements for inspection may be made by
contacting the person nominated in that item.
Where circumstances change, the Principal will
provide tenderers with updated information regarding
the status of affected utilities.

Conditions of Tendering

21

TENDER SCHEDULES REQUIRED

AT TIME FOR LODGEMENT OF
TENDERS

21.1 Requirements
The Tenderer must complete, in every detail, and
submit before the time for lodgement of tenders,
Tender Schedules M1 to M9 in accordance with the
requirements set out in Clauses 21.2 to 21.10.
Any attachments to the Tender Schedules must be on
good quality paper of standard metric paper size not
greater than A3. Attachments must be legible and
capable of being photocopied legibly.
21.2 Tender Schedule M1 Schedule of
Rates
For a schedule of rates contract or for the schedule of
rates part of a part schedule of rates and part lump
sum contract the Tenderer must complete the
Schedule of Rates strictly in accordance with the
requirements set out in Clause 21.2.
The Tenderer must insert unit rates and amounts in
the Schedule of Rates as follows
(a) For each part where an item incorporates a
specific unit of measurement in the column
titled Unit of Measurement (the unit of
measurement column) and a quantity in the
column titled Quantity (the quantity
column), the Tenderer must insert a unit rate
in the column titled Unit Rate (the unit rate
column) and an extended amount, calculated
by multiplying the unit rate by the quantity, in
the column titled Amount (the amount
column).
(b) Where an item incorporates the words lump
sum in the unit of measurement column and a
dash or a blank space in the quantity column,
the Tenderer must insert an amount in the
amount column.
The unit rates or lump sums inserted at (a) or
(b) are to be exclusive of GST and less any
direct or indirect savings which result from the
removal of or the reduction in any
Commonwealth or State Taxes, duties, imposts
levies, fees or charges where that removal or
reduction is part of or related to the
commencement and implementation of the GST
Legislation.
(c) Total all the amounts in the 'amount columns'
of each part and then transfer the total derived
for each part to the Schedule Summary. To the
summation of the amounts for each part add the
Page 7 of 16
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Conditions of Tendering

amount of GST calculated as if that summation

was a supply to the Principal by the Contractor.
If the Tenderer believes that the items contained in
the Schedule of Rates do not fully represent the work
described in the Tender Documents, the Tenderer
may include additional items in its Tender.
Additional items must be accompanied by a
description, unit of measurement, quantity, unit rate
and extended amount and by a comprehensive list of
Work Operations similar to those used to describe
the Standard Work Items contained in the Main
Roads Standard Specifications Roads Manual. The
Tenderer must not alter any quantities included in the
Schedule of Rates.

Department of Transport and Main Roads

Road Construction Contract

GST amount) the sum of the lump sum parts. To

each of the totals the amount of GST must be added
as if each total was a supply to the Principal by the
Contractor.
The lump sum amounts for each of the items of a
lump sum contract or the lump sum part of a part
schedule of rates contract and part lump sum contract
are to be exclusive of GST and less any direct or
indirect savings which result from the removal of or
the reduction in any Commonwealth or State Taxes,
duties, imposts, levies, fees or charges where that
removal or reduction is part of or related to the
commencement and implementation of the GST
Legislation.

For a schedule of rates contract, the sum of all the

amounts in the amount column of the Schedule
Summary including the amount of GST, as provided
for in (c), must equal the Tender Price.

For a part schedule of rates and part lump sum

contract the total of the amounts in the amount
column of the Schedule Summary and the amount of
GST must equal the Tender Price.

The unit rate or lump sum amount plus a prorata

apportionment of the amount of GST shall be
deemed to be the tendered rate per unit of
measurement or the tendered lump sum amount for
carrying out work represented by that item.

For a part schedule of rates and part lump sum

contract the unit rate, lump sum or Lump Sum
Amount for an item plus a prorata apportionment of
the amount of GST shall be deemed to be the
tendered rate per unit of measurement or the
tendered lump sum amount or the tendered Lump
Sum Amount for carrying out work represented by
that item.

21.3 Tender Schedule M2 Schedule of

Prices
For a lump sum contract or the lump sum part of a
part schedule of rates and part lump sum contract the
Tenderer must complete the Schedule of Prices
strictly in accordance with the requirements set out
in Clause 21.3.
The Tenderer must
(a) Insert amounts in the column titled Lump Sum
Amount (the amount column) for each of
the nominated items of the Schedule of Prices
for each part;
(b) Total all the amounts in the amount column
of each part and then transfer the total for each
part to the Lump Sum Summary; and
(c) To the summation of the amounts for each part
in the Lump Sum Summary add the amount of
GST calculated as if that summation was a
supply to the Principal by the Contractor.
For a lump sum contract the total of the sum of the
amounts in the amount column of the Lump Sum
Summary including the amount of GST must equal
the Tender Price.
For the lump sum part of a part schedule of rates and
part lump sum contract the Tenderer must transfer to
the Schedule Summary the total for each part of the
schedule of rates parts (without transferring the GST
amount) and to the Lump Sum Summary (less the
Page 8 of 16
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Where a Schedule of Rates for Variations is provided

as part of the Schedule of Prices, the Tenderer must
insert a unit rate against each item in the schedule.
These rates are to be exclusive of GST. Any
valuations undertaken using theses rates are to have
the amount of GST added as if the supply in relation
to which the valuation is made was a supply to the
Principal by the Contractor. Any such unit rates may
be used in the evaluation of tenders.
21.4 Tender Schedule M3 Planned Cash
Flow Schedule
The Tenderer must provide, on Tender Schedule M3,
the expected amounts of claims for payment for each
month up to the Date for Practical Completion.
The amounts inserted in the Planned Cash Flow
Schedule must be consistent with the Tender
Program and the Schedule of Prices and/or the
Schedule of Rates and include the amount of GST.
21.5 Tender Schedule M4 Tender
Program
The Tenderer must provide a Tender Program which
shows the periods of time for each phase of
construction of the work under the Contract and the
sequence of such phases necessary to complete the
Works prior to the Date for Practical Completion.

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

The Tender Program must be in a form similar to

that required by the Supplementary Conditions of
Contract.

22

The Tender Program must be consistent with the

Planned Cash Flow Schedule and the Schedule of
Rates and/or the Schedule of Prices.

22.1 General

21.6 Tender Schedule M5 Form of

Security
The Tenderer must indicate, on Tender Schedule M5,
the form(s) of Security it intends to lodge in
accordance with Clause 5 of the General Conditions
of Contract. Where security is to be provided in
other than cash, the name and branch location of the
security provider must be stated.
21.7 Tender Schedule M6 Receipt of
Notices to Tenderers
The Tenderer must acknowledge receipt of all
Notices to Tenderers issued prior to the time for
lodgement of tenders by listing, on Tender
Schedule M6, for each Notice
(a) the number of the Notice;
(b) the date of the Notice; and
(c) the number of pages comprising the Notice,
including all attachments.
21.8 Tender Schedule M7 Daywork
Schedule

TENDER SCHEDULES TO BE
COMPLETED ONLY IN SUPPORT
OF THE BEST TENDER

The Tenderer(s) nominated for providing the best

Tender(s) (refer to Clause 27.1) must complete
Tender Schedules P1 to P7, which will be used to
confirm information provided by the Tenderers (or
their Subcontractors) for Prequalification under the
Major Works Prequalification System. In addition,
Tender Schedule P8 is required where a Reinforced
Soil Structure comprises part of the Works. The
Principal may request further information from the
Tenderer(s) regarding the information supplied in
these Schedules.
Failure to provide the completed Schedules within 3
working days of any notice requesting such
Schedules may result in the Tender being treated as
Noncomplying and being rejected.
Where the Principal determines that the contents of
these Schedules and any additional material supplied
do not comply with the requirements of the Major
Works Prequalificiation System or otherwise
represent an unacceptable risk to the Principal, then
the Tender will be deemed to be Nonconforming and
will be rejected.
22.2 Tender Schedule P1 Work
Commitments

The Tenderer must provide, on Tender Schedule M7,

unit rates for all personnel, plant and equipment it
proposes to employ on work under the Contract. The
unit rates must include and will be deemed to include
all charges in accordance with Tender Schedule M7.

The Tenderer must provide on Tender Schedule P1,

details of its progress on any current
construction/building projects including

21.9 Tender Schedule M8 Prequalification

Requirements

(b) start date and expected date of practical

completion;

The prequalification requirements (if any) for this

Contract are specified in Item 7 of Form C6820
Information for Tenderers.

(c) contract Amount and estimated variations; and

Where a prequalification requirement is specified,

the Tenderer must provide a statement, on Schedule
M8, that the Tenderer meets the prequalification
requirements. If the Tenderer does not have the
required level of prequalification for the minor
component of the work, a subcontractor with at least
the required level of prequalification for the minor
component of the work must be nominated in Tender
Schedule M8.

(a) brief description/location;

(d) amounts paid to the Tenderer to date.

22.3 Tender Schedule P2 Current
Security Exposure
The Tenderer must provide on Tender Schedule P2,
details of its current security responsibilities for the
projects nominated in Tender Schedule P1 (and any
other relevant projects) including
(a) amounts involved; and
(b) expected dates of release.

21.10 Tender Schedule M9 Designer of

RSS

22.4 Tender Schedule P3 Current Cash

Flow

Refer to Clause 25.3.

The Tenderer must provide on Tender Schedule P3,

details of its current and estimated cash flow
Page 9 of 16
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Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

(assuming that this Tender was successful). This

information is in the Financial Information,
Assessment Schedules and Guidelines as described
in the Major Works Prequalification System.
22.5 Tender Schedule P4 Schedule of
Subcontractors and Suppliers
The Tenderer must provide, on Tender Schedule P4,
the names and addresses of all subcontractors it
proposes to engage on the Contract to undertake
subcontract works or supply materials in excess
of
(a) $50,000 in value for Projects at Project
Financial Level 3 or lower; or
(b) $100,000 in value for Projects at Project
Financial Level 4 or higher.
Where subcontract and material supply arrangements
are yet to be confirmed, the Tenderer must provide a
list of such works and material supply arrangements
as are intended to be subcontracted.
22.6 Tender Schedule P5 Schedule of
Key Personnel
The Tenderer must provide on Tender Schedule P5,
the names, position, claimed Experience Level, as
well as current location and expected date of
availability for this project. Where actual names
have not been decided, a list of suitable names,
(together with Experience Levels in accordance with
the Major Works Prequalification System for each)
must be provided. It must be the clear intention of
the Tenderer that the actual persons to be employed
on the Contract in key positions will be drawn from
the list provided in Tender Schedule P5.
Tenderers should note that
(a) where the nominated key personnel have not
been given an Experience Level in accordance
with the Major Works Prequalification System
(MWPS) then full details in accordance with
Volume 3 (MWPS) must be included with this
Schedule for assessment; and
(b) where the nominated key personnel do not
correspond with the key personnel who were
given an Experience Level at Prequalification
or their replacements do not have equivalent or
superior Experience Levels, then the Principal
may decline to consider the Tender and may
take action that may result in cancellation,
suspension or downgrading of the Tenderers
Prequalification Level.
A simple organisation chart for the Contract must be
attached to Tender Schedule P5.
Page 10 of 16
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October 09

22.7 Tender Schedule P6 Critical Plant

and Equipment Schedule
The Tenderer must provide, on Tender Schedule P6
a list of the types, numbers, source and availability of
plant it proposes to employ on work under the
Contract.
The Plant Schedule must include
mobilisation and demobilisation dates for all plant
listed.
The Plant Schedule must be consistent with the
Tender Program, the Planned Cash Flow Schedule
and the Schedule of Prices and/or the Schedule of
Rates.
22.8 Tender Schedule P7 Site
Establishment and Camp Statement
The Tenderer must provide on Tender Schedule P7
(a) a statement detailing the major items of cost
which, when totalled, comprise the tendered
amount for Site Establishment and
Disestablishment plus the portion of the GST
included in the Schedule of Prices and/or
Schedule of Rates applicable to this amount;
(b) a statement detailing the offices, amenities,
workshops and other buildings which it intends
to provide throughout the construction period
(c) where appropriate, a statement detailing the
camp housing and equipment which it intends
to provide throughout the construction period.
22.9 Tender Schedule P8 Design of RSS
Refer to Clause 25.2.

23

PROJECT SPECIFIC TENDER

SCHEDULES

(Optional in support of best Tender/Desirable

for combined Price Non Price Assessment)
23.1 Tender Schedule S1 Quality Plan
Outline
Where required by Item 9C of the Annexure to the
Conditions of Tendering, the Tenderer must provide
with its Tender, on or attached to Tender
Schedule S1, an outline of its Quality Plan for
construction of the work under the Contract.
Processes and/or procedures which are specifically
nominated at the top of Tender Schedule S1 must be
described in detail in the Quality Plan Outline.
23.2 Tender Schedule S2 Environmental
Management Plan Outline
Where required by Item 9D of the Annexure to the
Conditions of Tendering, the Tenderer must provide
with its Tender, on or attached to Tender

Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

Schedule S2, an outline of its Environmental

Management Plan which must include at least brief
details of

24

(a) temporary measures to be implemented and

monitored up to the Date of Practical
Completion which will ensure compliance with
the requirements of the Environmental
Protection Act 1994 and the Tender
Documents;

24.1 General

(b) temporary and permanent measures that will

mitigate against the impact of the project;
(c) frequency and nature of the compliance testing
program for environmental issues;
(d) any measures to be implemented during the
Defects Liability Period; and
(e) hold points,
for each of the elements listed in the Main Roads
Standard Specification MRS11.51 Environmental
Management.
Alternatively, where specific requirements are stated
at the top of Tender Schedule S2, such requirements
must be addressed in the Environmental
Management Plan Outline in lieu of the above.
23.3 Tender Schedule S3 Traffic
Management Plan Outline
Where required by Item 9E of the Annexure to the
Conditions of Tendering, the Tenderer must provide
with its Tender, on or attached to Tender
Schedule S3, an outline of its Traffic Management
Plan which must include at least brief details of

TENDER SCHEDULES FOR

ALTERNATIVES DESIGNED BY
THE TENDERER

Where the Tenderer includes an Alternative Tender

in accordance with Clause 12, all the provisions of
this Clause 24 shall apply.
Schedules D1, D2 and D3 must accompany the
Tender as well as other required documentation.
24.2 Tender Schedule D1
The Tenderer must complete the relevant additional
Schedule of Prices in Tender Schedule D1 (in the
same form as Schedule M2) and provide all lump
sum items and amounts necessary to complete the
work under the Contract.
24.3 Tender Schedule D2 Alternative
Design
The Tenderer must carry out the Design (or
sufficient of the Design as the Tenderer deems
necessary) and submit with its Tender sufficient
information to enable its design to be evaluated for
compliance with the Tender Documents.
The submission must be made on or attached to
Tender Schedule D2 and shall include, without
limitation
(a) outline drawings describing proposed
geometry, including dimensions, drainage
provision, reinforcement arrangement, and
arrangement and finish;

(a) any changes to existing traffic arrangements

and their timing, including permanent and
temporary traffic diversion;

(b) statement acknowledging that the design is in

accordance with relevant Main Roads Standard
Specification; and

(b) any Temporary Works;

(c) outline calculations demonstrating feasibility of

proposed system.

(c) methods of communication of any traffic

changes to the public;
(d) signing and delineation;
(e) maintenance of vehicular and pedestrian access
for land adjoining the Site;
(f)

specific arrangements for pedestrians; and

(g) specific arrangements for installation of crossbridge girders, if any.

Where specific requirements are stated at the top of
Tender Schedule S3, such requirements must also be
addressed in the Traffic Management Plan Outline.

The successful tenderers obligation to comply with

the requirements of the Contract shall not be affected
by the provision of this information and the
acceptance of a tender incorporating this
information.
24.4 Tender Schedule D3 Designer of
Alternative Design
The Tenderer must include, on Tender Schedule D3,
at least the following information relating to the
Designer of the Alternative Design
(a) company name and address;
(b) recent experience in relevant Design;
(c) name and experience of certifying designer; and
(d) name and experience of design expert.
Page 11 of 16
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Conditions of Tendering

24.5 Design and Construction Standards

Where the Tenderers Alternative Design includes
reduction of any of the minimum design or
construction standards as set out in the Contract
Documents, it shall nominate these with its Tender
and, if selected as the best Tenderer shall seek the
written approval of the Principal for the
implementation of any reduced standards.
If any reduced standards are accepted by the
Principal
(a) the Defects Liability Period for the parts of the
Works covered by the Alternative Design shall
be extended to its design life;
(b) the successful tenderer shall indemnify the
Principal against property damage as provided
in Clause 17 of the General Conditions of
Contract for the design life of the parts of the
Works covered by the Alternative Design; and

Department of Transport and Main Roads

Road Construction Contract

be evaluated for compliance with the Tender

Documents.
25.2 Tender Schedule P8 Design of RSS
Where required by Clause 22.1, the submission must
be made on or attached to Tender Schedule P8 and
shall include, without limitation
(a) name of approved proprietary system;
(b) outline drawings describing proposed block
geometry, including dimensions, drainage
provision, reinforcement arrangement, and
facing panel arrangement and finish;
(c) an outline specification for select fill including
particle size distribution;
(d) a statement acknowledging that the design is in
accordance with Main Roads Standard
Specification MRS11.06 Reinforced Soil
Structures; and

(c) the successful Tenderer shall take out an

additional public liability insurance policy for
an amount determined by the Principal for the
design life of the parts of the Works covered by
the Alternative Design in addition to the
requirements of Clause 19 of the General
Conditions of Contract.

(e) outline calculations demonstrating feasibility of

proposed system.

Any approval, permission to use or rejection of

reduced standards by the Principal shall in no way
limit or exclude the successful tenderers liabilities
and obligation under the Contract.

25.3 Tender Schedule M9 Designer of

RSS

The Tenderers attention is drawn to Clause 37 of the

Supplementary Conditions of Contract in relation to
the requirements for designs provided by the
Contractor.

25

TENDER SCHEDULES FOR

REINFORCED SOIL STRUCTURES

The successful Tenderers obligation to comply with

the requirements of the Contract shall not be affected
by the provision of this information and the
acceptance of a tender incorporating this
information.

The Tenderer must, in situations where a RSS forms

part of the Works, include with its Tender, on Tender
Schedule M9, at least the following information
relating to the Designer of the RSS
(a) company name and address;
(b) recent experience in design of RSS;
(c) name and experience of certifying designer;
(d) name and experience of geotechnical expert.

25.1 General

25.4 Boundary of Reinforced Soil Structure

Where the Works include a Reinforced Soil Structure

the provisions of Clause 25 shall apply.
The Tenderer must provide all required lump sum
amounts in the Schedule of Rates (Schedule M1) or
Schedule of Prices (Schedule M2) as appropriate.

The tendered lump sum amounts for the RSS must,

and shall be deemed to, include full payment for all
work associated with the RSS whether within the
Boundary of Reinforced Soil Structure defined in
MRS11.06 Reinforced Soil Structures or not.

Terms used in Clause 25 are as defined in Main

Roads Standard Specification MRS11.06 Reinforced
Soil Structures.

The remainder of the Works will be measured up to

the Boundary of Reinforced Soil Structure in
accordance with the provisions of the Contract.

The Tenderer must carry out the design of the RSS

(or sufficient of the design of the RSS as the
Tenderer deems necessary) and submit with its
tender sufficient information to enable its design to

For measurement and payment purposes, the

Boundary of Reinforced Soil Structure will not be
varied during the Contract.

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Department of Transport and Main Roads

Road Construction Contract

26

ADJUSTMENT OF A TENDER

26.1 Schedule of Rates Contract

In the event of an error or omission by the Tenderer
in the completion, extension and/or summation of the
unit rates and amounts in the Schedule of Rates, the
Principal will amend the quantities, unit rates and/or
amounts in accordance with the provisions of this
clause.
Where an item in the Schedule of Rates includes a
quantity which differs from that shown in the Tender
Documents (or as may be amended by a Notice to
Tenderers), the Principal will correct the quantity
and amend the Tender Price accordingly including
adjusting the amount of GST.
Where an item in the Schedule of Rates includes an
error in the amount shown in the amount column (the
product of the quantity and the unit rate), the
Principal will correct the amount and amend the
Tender Price accordingly including adjusting the
amount of GST.
Where an item in the Schedule of Rates omits the
unit rate but includes an amount in the amount
column, the Principal will calculate the unit rate by
dividing the amount in the amount column by the
quantity and insert the calculated unit rate in the
Schedule of Rates.
Where the Schedule of Rates includes an error in the
summation of the amounts in the amount column, the
Principal will make the necessary corrections and
amend the Tender Price accordingly including any
necessary adjustment in the amount of GST.
Where an item in the Schedule of Rates omits both
the unit rate and the amount in the amount column
(for an item with both a unit of measurement and a
quantity) or omits the amount in the amount column
(for an item where the unit of measurement column
contains lump sum), the Principal will make
adjustments only if the omitted unit rate, or amount
as the case may be, can be objectively and
mathematically determined. Where the omitted unit
rate, or amount as the case may be, cannot be
objectively and mathematically determined, the
tender may be deemed nonconforming.
In the event of an error in the total of the summation
of the amounts shown in the amount column and the
amount of GST the Principal shall make the
necessary mathematical corrections and amend the
Tender Price accordingly.
In the event of an error in the calculation of the
amount of GST the Principal shall make the

Conditions of Tendering

necessary mathematical correction and amend the

Tender Price accordingly.
26.2 Lump Sum Contract
In the event of a discrepancy between the sum of the
amounts in the amount column of the Schedule of
Prices including the amount of GST and the Tender
Price, the Tender Price shall prevail and one, some or
all of the amounts inserted in the amount column of
the Schedule of Prices and the amount of GST shall
be amended accordingly as agreed between the
Tenderer and the Principal.
26.3 Part Schedule of Rates and Part Lump
Sum Contract
In the event of a discrepancy between the sum of the
amounts in the amount column in the Schedule of
Prices including the amount of GST and the total
amount of the lump sum part including the amount of
GST, the total amount of the lump sum part
including the amount of GST shall prevail and one,
some or all of the amounts inserted in the amount
column in the Schedule of Prices and the amount of
GST shall be amended accordingly as agreed
between the Tenderer and the Principal.
In the event of an error or omission by the Tenderer
in the completion, extension and/or summation of the
unit rates and amounts in the Schedule of Rates, the
summation or calculation of the amount of GST in
the Schedule of Rates Summary, the Principal will
amend the quantities, unit rates and/or amounts in
accordance with the provisions of Clause 26.1.
26.4 Redistribution of Amounts for Site
Establishment and Disestablishment
and/or Camp
If, in the opinion of the Principal, the tendered
amount for any scheduled item for site establishment
and disestablishment and/or camp is excessive, the
Principal, may, as a prerequisite to acceptance of a
tender, require the Tenderer to reduce the tendered
amount for that item and reallocate the reduction to
other items approved by the Principal so that the
Tender Price remains unchanged.
In this regard, it is important that the Tenderer
provide an adequate description of its intentions with
regard to site establishment and disestablishment
and/or camp in the appropriate Tender Schedule.

27

ASSESSMENT OF TENDERS

27.1 Definitions
The following words and expressions shall have the
meanings given to them in the current version of
Main Roads Project Delivery System Volume 2 Page 13 of 16
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Department of Transport and Main Roads

Road Construction Contract

Conditions of Tendering

Tendering for Major Works (referred to herein as

MRPDS - Volume 2)
(a) best Tender;
(b) Combined Price/Non Price Assessment;
(c) comparison adjustments;

together with weighting factors which represent the

Principals determination of the relative importance
of each of the non-price selection criteria. These
weighting factors will be applied in the assessment
of all Tenders.

(d) Default Option;

Refer to MRPDS - Volume 2 for details of

Combined Price/Non Price assessment procedures.

(e) non compliance;

27.5 Feedback to Unsuccessful Tenderers

(f)

Following award of a Contract for a project which

included combined Price/Non Price assessment,
unsuccessful tenderers may apply to Main Roads to
convene a meeting in which individual tenderers will
be advised of the main aspects which discriminated
between the tenders.

non conformance;

(g) Prequalification Check;

(h) Tenders in Contention;
(i)

unusually low bid.

27.2 General
Assessment of Tenders will generally follow the
procedures described in the current version of
MRPDS - Volume 2.
For the Default Option, assessment will be based
on Tender Price, subject to comparison adjustments
as generally described in MRPDS - Volume 2.
Any Tender identified as an unusually low bid
may be rejected as set out in MRPDS - Volume 2.
Alternative Tenders will generally be assessed in
accordance with MRPDS - Volume 2.
27.3 Information Provided by Tenderers
Notwithstanding any statements to the contrary in the
Tender Documents or the Tenderers submissions
either before or after the time for lodgement of
tenders, the information provided by the Tenderer to
be used in the assessment process shall in no way
relieve the Contractor from stated or implied
responsibilities to comply with the Contract.
It is the intention, however, that statements made by
the Tenderer in submissions supporting non-price
selection criteria will be used as benchmarks by
which to evaluate performance of the Contractor
during execution of the Contract.
27.4 Combined Price/Non Price Selection
Criteria and Weighting Factors
Where so stated in Item 10A of the Annexure to the
Conditions of Tendering, a Combined Price/Non
Price Assessment will be carried out as part of the
tender assessment process.
For a Combined Price/Non Price Assessment, both
price and non price criteria as identified in additional
Tender conditions introduced in Clause 30 of these
Conditions of Tendering will be considered. The
selection criteria to be used for the non-price
assessment of tenders will be as listed in Item 10B of
the Annexure to these Conditions of Tendering
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October 09

Details of tenders (including individual scores) will

not be divulged.

28

PRIVATE INFORMATION

The Department of Main Roads is required to

comply with Information Standard 42, which
contains eleven Information Privacy Principles.
Personal information is defined as any information
that would allow an individual to be identified, such
as contact details. Any personal information
provided to the Main Roads will be used for the
purpose of assessing tenders and administering any
subsequent contract and purposes incidental to these
purposes. Personal information may also be
disclosed to a third party for the purpose of
conducting financial checks. The business name of
the successful tenderer for contracts over $10,000,
may be entered on the Internet under Business
Awarded by Main Roads. Apart from that, personal
information will not be disclosed to external
organisations without the consent of the person,
unless required by law.

29

JOINT VENTURES

29.1 Prequalification Requirements for

Unincorporated Joint Ventures
Tenders will be accepted from unincorporated joint
ventures that meet the nominated prequalification
levels as specified in the Information for Tenderers
at the time for lodgement of Tenders as specified in
Item 3a of the Annexure to the Conditions of
Tendering. The following requirements must be
complied with depending on the particular
circumstances of the unincorporated joint venture:
a)

If individual ventures comprising the joint

venture are each already prequalified at one or
more of the nominated prequalification levels

Department of Transport and Main Roads

Road Construction Contract

(as specified in the Information for Tenderers)

but not all of the levels, and together the
aggregate of their separate prequalification
levels fully meets the prequalification
requirements,
an
application
for
prequalification of the joint venture is not
required. However, the joint venture will need
to address the requirements of Clause 29.2 of
the Conditions of Tendering. In particular, the
roles of the venturers must be defined in the
Joint Venture Agreement and venturers must
not undertake work for which they are not
appropriately prequalified.
b)

c)

Conditions of Tendering

information is provided by the Tenderer so

that the assessment is unable to be completed
prior to the time nominated in Item 3a of the
Conditions of Tendering Annexure, or if the
Main Roads Prequalification Committee has
not granted prequalification levels equal to or
higher than the nominated prequalification
levels by the time nominated in Item 3a of the
Conditions of Tendering Annexure, the
Tender will be Nonconforming.
29.2 Other Requirements

If one or more of the venturer(s) is already

prequalified and meets all of the nominated
prequalification levels (as specified in the
Information for Tenderers) in its or their own
right, a new application for prequalification of
the joint venture is not required. However, the
joint venture will need to address the
requirements of Clause 29.2 of the Conditions
of Tendering. In such cases, if one or more of
the venturer(s) is prequalified but at a level
lower than any of the nominated
prequalification levels, that venturers role
must be clearly defined in the Joint Venture
Agreement and such venturers must not
undertake work for which they are not
appropriately prequalified.

If the Tenderer is a joint venture between two or

more parties:

In all other cases, where the joint venture is

relying on the combined technical and
financial capacity of the venturers who are
individually prequalified at lower levels than
nominated prequalification levels (as specified
in the Information for Tenderers), a project
specific application for prequalification of the
joint venture must be submitted.
The
submission should demonstrate how the joint
venture is able to meet the criteria for
prequalification (as defined in the Major
Works
Prequalification
System)
corresponding
to
the
nominated
prequalification levels. Submissions are to be
lodged with the person nominated in Item 5 of
the Conditions of Tendering Annexure and are
to be received by the time nominated in
Item 3a of the Conditions of Tendering
Annexure, or earlier.
Applications for
prequalification will be assessed in accordance
with the Major Works Prequalification
System. Additional information may be
sought from the Tenderer in support of the
application for prequalification of the joint
venture.
If insufficient or inadequate

a)

a full description of each joint venturer

(including names and addresses of each of the
parties) must be set out in the Tender Form;

b)

the Tender Form must be signed by a duly

authorised representative of each joint
venturer;

c)

a duly authorised representative of each joint

venturer must sign a declaration in the form of
Form C6035;

d)

the Tenderer must, with its tender, provide the

Principal with a copy of the joint venture
agreement that the joint venturers intend to
enter into if their Tender is accepted;

e)

the successful Tenderer will be required to

provide the Principal with an executed joint
venture agreement which complies with the
requirements of paragraph (f) prior to the date
of the Letter of Acceptance;

f)

the mandatory requirements for a joint venture

agreement are:
i)

the agreement must acknowledge that

the joint venturers are jointly and
severally liable for the performance of
all obligations and liabilities of the
Contractor under the Contract and at
law;

ii)

the scope of the joint venture must be

defined so that the joint venturers are
required to ensure that the Works under
the Contract are fully performed;

iii)

one person must be nominated as the

Contractor's Representative for the
purposes of the Contract who must
have authority to give and receive
notices under the Contract;

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October 09

Conditions of Tendering

iv)

the joint venturers must establish one

bank account into which progress
payments will be paid by the Principal;

v)

if the joint venture is terminated for any

reason, either joint venturer must not be
restricted or in any way prevented from
negotiating with the Principal for the
completion of the Contract and the
Works;

vi)

there must be no clause which impedes

or restricts the operation or effect of
clause 13 of the General Conditions
(intellectual property rights);

vii)

the process for dispute resolution must

specifically provide that the parties
must continue to fully perform the
Contract notwithstanding the existence
of a dispute between them;

viii) the agreement must contain suitable

terms in relation to default by the joint
venturers (including consequences),
dispute resolution, management of the
joint venture, voting rights, financial
and insurance arrangements and the
provision of securities under the
Contract.
ix)

30

the roles of each of the venturers must

be clearly defined. Individual venturers
must not be nominated for roles that
exceed their capability or that are
inconsistent with their level of
prequalification with Main Roads.

ADDITIONAL CLAUSES

Additional project-specific clauses to these

Conditions of Tendering may be included in Item 11
of the Annexure to the Conditions of Tendering.
Where this is the case, the additional clauses shall
apply under the Contract as if they were included in
these Conditions of Tendering.

Page 16 of 16
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October 09

Department of Transport and Main Roads

Road Construction Contract