ST. PATRICKS CAMPUS REGISTRATION FOR BUILDING CONTRACTORS PANEL SMALL TO MEDIUM WORKS 19 DECEMBER 2009

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1 ST. PATRICKS CAMPUS REGISTRATION FOR BUILDING CONTRACTORS PANEL SMALL TO MEDIUM WORKS 19 DECEMBER 2009 REGISTRATIONS TO BE SUBMITTED Registration Box Thinc Projects Australia Pty Ltd 9 th Floor, 136 Exhibition Street Melbourne VIC 3000 REGISTRATIONS TO BE MARKED St. Patrick s Campus Registration for Building Contractors Panel Small to Medium Works CLOSING DATE 19 January pm Australian Eastern Daylight Saving Time

2 TABLE OF CONTENTS 1.0 INTRODUCTION GENERAL BACKGROUND & PANELS TO BE ESTABLISHED DESCRIPTION OF PANELS CONTRACT KEY POINTS BEST PRACTICE PERFORMANCE PROJECT DELIVERY METHOD SELECTION PROCESS GENERAL CONDITIONS OF PARTICIPATION EVALUATION CRITERIA ASSESSMENT PROCESS PANEL ESTABLISHMENT TIMETABLE SCOPE OF REGISTRANT SUBMISSIONS REQUIREMENTS FOR REGISTRATION SUBMISSION LATE REGISTRATIONS COSTS CLARIFICATION ADDENDA CONFLICT OF INTEREST OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS IN REGISTRANT SUBMISSION OWNERSHIP OF REGISTRATION SUBMISSION DOCUMENTS AUSTRALIAN CATHOLIC UNVERSITY S RIGHTS COMPLIANCE WITH LEGISLATION, POLICY, AND GUIDELINES GENERAL OBLIGATIONS EQUAL EMPLOYMENT OPPORTUNITY Australian Catholic University 1

3 SCHEDULE 1 REGISTRATION UNDERTAKING...14 SCHEDULE 2 FINANCIAL AND INSURANCE DETAILS...17 SCHEDULE 3 OHS MANAGEMENT...19 SCHEDULE 4 BUILDING WORKS CONTRACTOR EXPERIENCE...20 SCHEDULE 5 QUALITY ASSURANCE & ENVIRONMENTAL ACCREDITATION...22 SCHEDULE 6 SCHEDULE OF MANAGEMENT PRACTICES...23 Australian Catholic University 2

4 1.0 INTRODUCTION 1.1 GENERAL The Australian Catholic University (ACU) is seeking Registrations from suitably qualified Building Contractors for the establishment of a series of panels in relation to ACU s proposed capital works programme at the in Fitzroy, Melbourne The document is provided to parties contemplating registering and is to be used as the basis for submission of any formal Registration. Registrations will be assessed for their compliance with the criteria contained within this document and must be submitted in accordance with the Requirements for Registrations section of this Document Companies submitting Registrations are referred to in this document as Registrants, and their submissions referred to as Registrations. 1.2 BACKGROUND & PANELS TO BE ESTABLISHED The ACU St. Patrick s Campus is projected to grow to a student population of approximately 12,000 by the year To accommodate the increase in student (and associated staff / research) numbers, ACU is seeking to implement a rigorous capital building upgrade works programme in the coming 24 months ACU is seeking to create 3 panels to accommodate contractors capable to delivering a variety of building projects. The panels are to be as follows: Panel 1: Building Refurbishment Works (Value: $1.5 - $4 million) Panel 2: Fit Out Works (Value: $1.0 $4.0 million) Panel 3: Minor Capital Works (Value < $1.0 million) It is ACU s intention to engage four contractors per panel above on a Standing Offer arrangement for a period of three years. ACU will tender projects to panel members on either a single select or competitively tendered basis during the period of panel engagement on a project-specific basis. 1.3 DESCRIPTION OF PANELS Panel 1: Building Refurbishment Works Requires Contractors with experience in refurbishment works values ranging between $1.5 - $4.0 million. Building refurbishment works will comprise of services upgrades, base building reconfigurations, and the re-establishment of pre-existing spaces into office and study areas at various sites throughout the ACU campus. To be eligible for this panel Contractors must demonstrate that they have an understanding and suitable experience in delivering refurbishment projects on sites subject to heritage and environmental overlays Panel 2: Fit Out Works Requires Contractors with experience in fit out works with values ranging between $1.0 $4.0 million. Due to ACU s projected growth of student and associated staff / research numbers, is expanding into previously occupied office spaces. As a result tendering Contractors must demonstrate experience in the complexities of working in commercial office spaces where due consideration of building management and other tenant occupants are paramount Panel 3: Minor Capital Works - Requires Contractors with experience in capital works with values less than $1 million. To be eligible for admission onto this panel, ACU is seeking Contractors that have a flexible management structure that can be called upon to undertake several projects in conjunction with relatively short notice. Australian Catholic University 3

5 1.3.4 Note: A contractor may register for one or multiple panel admissions and is to indicate this within Schedule 1: Registration Undertaking. 2.0 CONTRACT KEY POINTS 2.1 BEST PRACTICE PERFORMANCE The Building Works Contractor is expected to provide its service to a high standard and ensure that all work is accurate and in accordance with the contract documentation. ACU requires high standards of construction and emphasises quality control to a minimum of the ISO: 9000 standards. 2.2 PROJECT DELIVERY METHOD Projects will be delivered using a fixed lump sum contract fixed price Lump Sum Contract (modified version of AS Minor works contract conditions superintendent administered). Under this arrangement, the Building Works Contractor will be engaged by ACU and managed by Thinc Projects to construct the facilities. Australian Catholic University 4

6 3.0 SELECTION PROCESS 3.1 GENERAL ACU will employ a single stage short listing process for the panels established. Assessment outcomes and notification to shortlisted panellists will be undertaken in the coming weeks; The selection process of the Registrants to proceed to qualify for panel admission will be carried out by firstly assessing the Registrants Submissions for compliance with the Conditions for Participation (Clause 3.2) listed below. Conditions for Participation are qualifications considered as minimum requirements that Registrants must meet and only those Registrants meeting the Conditions for Participation will proceed to the Evaluation Criteria assessment stage. Those Registrant Submissions meeting the Conditions for Participation will then be assessed and scored against the Evaluation Criteria (Clause 3.3), resulting in an overall score for each Registration Submission ACU, at its discretion may request further information from the Registrant to assist ACU in assessing the Conditions for Participation The Registrants achieving the highest scores will be selected to partake in the panel It is noted however that ACU reserves its rights to select Contractors from outside the panel structure at its absolute discretion. 3.2 CONDITIONS OF PARTICIPATION The conditions of Participation for this Registrations of Interest are set out in tabular form below. Condition Financial and Insurance Details (Schedule 2) OH&S Management (Schedule 3) Summary The Registrant must provide details of its financial stability and insurance coverage in this Schedule. Bank and accountant details must also be provided. The Registrant must provide evidence of an organisational Occupational Health and Safety Management framework. The Registrants must also provide the table of contents of a typical project OHS plan that has been implemented on an equivalent project. Building Works Contractor Experience (Schedule 4) The Registrant must provide details of previous experience in respect of at least one completed project with built cost above $3 Million successfully delivered in the last two years. Australian Catholic University 5

7 3.3 EVALUATION CRITERIA The following evaluation criteria used for the assessment of Registrants who have successfully fulfilled all Conditions of Participation are weighted. They are not necessarily listed in priority order. Registrants should respond to the Evaluation Criteria set out in tabular form below. Criterion Building Works Contractor Experience (Schedule 4) Quality Assurance and Environmental Accreditation (Schedule 5) Schedule of Management Practices (Schedule 6) Summary The Registrant should set out its experience in completing building projects by way of completing the Experience Schedule included in Schedule 4. Registrants must ensure that referees (one of Client, Architect, or Project Manager) are provided. Registrants should provide details of their Quality Assurance practices (including established compliance with ISO9001:2000 or equivalent). Statements regarding Environmental Accreditation should also be provided. The Registrant should provide evidence of, or describe their corporate management practices that address the following issues: (a) Industrial Relations; (b) Environmental Management; (c) Risk Management. The Registrant should also describe how these practices are applied to the management and construction of projects Please note that Registrations are only sought at this time not full tenders. Consequently there is no requirement to submit a price or pricing schedule at this stage. 3.4 ASSESSMENT PROCESS Each Evaluation Criterion will be given a score out of 5 and will have a weighting applied to it. The evaluation criteria scoring system is included in Attachment 1. This schedule does not include weightings, which are not being disclosed to Registrants. The score out of 5 for criterion will be multiplied by the percentage weighting for that criterion to give the weighted score. The overall score for the Registration Submission will be the sum of the weighed scores for all of the criteria. As described in Section 3.1.4, the highest scoring Registrants will be selected to proceed to tender Successful Registrants will be notified of their acceptance within the panels once ACU approval has been obtained. Unsuccessful Registrants will be advised in writing as soon as practicable after ACU has endorsed the short list. De-briefs can be provided if requested. 3.5 PANEL ESTABLISHMENT TIMETABLE The selection timetable noted below is indicative only and subject to change. Activity Date Closing Date to lodge Registration Submissions 19 January 2010 Notification to Shortlisted Registrants 9 February 2010 Award Notification of Panel Acceptance 16 February 2010 Australian Catholic University 6

8 3.6 SCOPE OF REGISTRANT SUBMISSIONS A Director or Secretary of the business entity submitting the Registration must endorse all Schedules Please note that only Schedules will be considered for assessment; organisational brochures and covering letters may be provided but will not be considered part of the Registration. Australian Catholic University 7

9 4.0 REQUIREMENTS FOR REGISTRATION 4.1 SUBMISSION Companies wishing to submit a Registration of Interest should submit one original (marked Original ) and two copies (marked Copy 1 and Copy 2 ) as detailed below: a) Registrations of Interest shall be marked: St. Patrick s Campus Registration for Building Contractors Panel Small to Medium Works b) Registrations shall be lodged at: Registration Box Thinc Projects Australia Pty Ltd 9 th Floor, 136 Exhibition Street Melbourne VIC 3000 c) Registrants should complete Schedule 1 Registration Undertaking. d) Registrations should be submitted in the format of the schedules included in this document. e) Registrations will close at 2pm (Australian Eastern Standard Daylight Savings Time) on Tuesday, 19 January f) Faxed or ed Registrations will not be accepted The above Requirements for Registrations are mandatory requirements, similar to Conditions For Participation. Registrations will not proceed beyond an initial compliance assessment if these requirements are not met Registrants are advertised that ACU or members of the project team cannot accept any responsibility for lodging submissions on behalf of the Registrant. 4.2 LATE REGISTRATIONS Registrations received after the closing time, or at any place other than the Registration Box noted in Section (b) above will be registered and endorsed as Late Registrations. Late Registration Submissions will not be considered unless mishandling by the Australian Catholic University or its representatives exclusively causes the lateness in lodgement. Mishandling by the Australian Catholic University does not include mishandling by a courier or mail service provider. 4.3 COSTS No payment will be made by the ACU to any company or person for any costs, losses, or expenses incurred by that company or person in preparing its Registration submission ACU will not be liable to any Registrant on the basis of any promissory estoppel, quantum meruit or any other contractual, quasi contractual or restitutionary grounds whatsoever or in negligence as a consequence of any matter or thing relating or incidental to the Registrant s participation in the Registration process, including, without limitation, instances where: a) ACU varies or terminates the Registration process or any negotiations with a Registrant; or b) ACU exercises or fails to exercise any of its other rights under or in relation to this Registration of Interest or any subsequent tender process. Australian Catholic University 8

10 4.4 CLARIFICATION Requests for clarification of any of these requirements should be addressed in the first instance to: Matthew Cox Thinc Projects Australia Pty Ltd 9 th Floor, 136 Exhibition Street, Melbourne, VIC, 3000 Telephone: (03) Facsimile: (03) mcox@thincprojects.com Australian Catholic University 9

11 4.5 ADDENDA ACU may amend this Registration document at any time prior to the closing date and time for Registration submissions set out in this document. Any amendment to these documents will be issued in the form of an addendum and will be issued to all attendants. No explanation or interpretation of these documents may be relied upon by Registrants unless given in the form of an addendum Registrants who have registered and downloaded the Registration documentation will be notified via of any addenda issuance. It is in there interest of the Registrants to ensure that they have correctly recorded their contact details prior to downloading the Registration documentation. If Registrants have not recorded their details correctly, they should contact Thinc Projects as noted in Section above to advise any amended details ACU will accept no responsibility if a Registrant fails to become aware of any addendum notice. Addendum will be made apparent on the tenders section of the ACU website ( Registrants are required to monitor this website throughout the duration of the Registration process Where addenda to this Registration request are issued, ACU may extend the Registration Closing Time as appropriate to allow Registrants to modify their Registrations. 4.6 CONFLICT OF INTEREST Should a Registrant identify a potential conflict of interest in relation to their Registration Submission, the Registrant should clearly outline the nature of the potential conflict for review and determination by ACU. Failure to declare a potential conflict of interest may result in the rejection of any Registration. 4.7 OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS IN REGISTRANT SUBMISSION Such intellectual property rights as may exist in the information contained in this Registration of Interest documentation or any related or attached material, will remain the property of ACU but the Registrant is permitted to use it for the purpose only of compiling their Registration and for negotiating the terms of their contract with ACU Such intellectual property rights as may exist in a Registration will remain the property of the Registrant The Registrant licenses ACU, its employees, and representatives to copy, adapt, modify, disclose or do anything else necessary (in ACU's absolute discretion) to all material (including that which contains intellectual property rights of the Registrant or any other person) contained in the Registration Submission for the purposes of: a) Evaluating/clarifying the Registration Submission and any subsequent tender; b) Negotiating any resultant contract with the Registrant; c) Managing any resultant contract (if any) d) ACU may make such copies of each Registration Submission, as it requires for these purposes. Australian Catholic University 10

12 4.8 OWNERSHIP OF REGISTRATION SUBMISSION DOCUMENTS All Registration Submission documents, including paper and electronic copies become the property of Australian Catholic University on submission. 4.9 AUSTRALIAN CATHOLIC UNVERSITY S RIGHTS Without limiting its rights at law or otherwise, ACU reserves the right in its absolute discretion at any time to: a) Cease to proceed with the process outlined in the Registration Process b) Change the structure and timing of the Registration process; c) Vary or extend any time or date in this Registration for all or any Registrant or other persons, at any time and for such period, as ACU in its absolute discretion considers appropriate; d) Suspend or vary this Registration process or any part of it; e) Terminate further participation in the Registration process by any Registrant for any reason, regardless of whether the Registration Submission submitted conforms with the requirements of this Registration. All submissions in the same position will be treated in the same manner; f) Terminate any negotiations being conducted at any time with any Registrant for any reason; g) Request additional information or clarification from an Registrant or anyone else or provide additional information or clarification; h) Negotiate with any one or more Registrants and allow any Registrant to change its Registration Submission. All submissions in the same position will be treated in the same manner; i) Call for new Registration Submissions; j) Consider and accept any Registration Submission that does not comply with this Registration document; k) Negotiate with any person who is not a Registrant and enter a Contract on such terms as ACU in its absolute discretion accepts without prior notice to any other Registrant; l) Publish or disclose the names of successful Registrant(s); m) To allow or not to allow a related body corporate within the meaning of the Corporations Act 2001 (Cth) to take over a Registration Submission in substitution for the original Registrant; or n) Perform such security, probity, and/or financial checks and procedures as ACU, in its absolute discretion, may determine are necessary in relation to each registrant, its partners, associates, parent or related entities ACU reserves the right to forward any clarification of the meaning of the content of this Registration all known Registrants on a non-attributable basis Any time or date in this Registration is for the sole convenience of the ACU. The nomination of a time or date in this Registration does not create an obligation on the part of the ACU to take any action, nor any right of any Registrant that any action be taken on the date nominated. ACU may, but is not obliged to, notify affected Registrants if ACU exercises any of its rights listed in this Section 4.9 but will not be obliged to provide any reasons for its actions. Australian Catholic University 11

13 5.0 COMPLIANCE WITH LEGISLATION, POLICY, AND GUIDELINES 5.1 GENERAL OBLIGATIONS The Registrant will be required to ensure on a continuing basis throughout the Term of the process that the Registrant and the Registrant s personnel, as far as practicable, it s subcontractors or subconsultants, engaged directly or indirectly, comply with all relevant Federal, State, and Local laws, policies, and guidelines. The Contract will include provisions to this effect and all Registrants must inform themselves about which laws and policies may be applicable. ACU reserves the right to request evidence of compliance with any particular laws and policies from any Registrant at any time during the Registration Process. 5.2 EQUAL EMPLOYMENT OPPORTUNITY Registrants, if successful in proceeding to tender on any of ACU s projects, will be required to state as to whether or not they have been named as not complying with the Equal Opportunity for Women in the Workplace Act 1999 ( the Act ). Where subcontractors are specified in a Tender, the Registrant must advise regarding their state of compliance with the Act If at the Tender Closing Time, the Tenderer is currently named as not complying with the Act, its Tender will not be considered unless within 14 days from the Tender Closing Time, the Tenderer produces to the Tender Administrator written confirmation from the Equal Opportunity for Women in the Workplace Agency that the Tenderer currently complies with the Equal Opportunity for Women in the Workplace Act 1999 (Cth) Each Registrant should obtain, and will be deemed to have obtained, its own advice on the impact of this legislation on its participation in the Registration process. Australian Catholic University 12

14 LIST OF SCHEDULES Schedule 1: Registration Undertaking Conditions For Participation Schedule 2: Schedule 3: Financial and Insurance Details OH&S Management Evaluation Criteria Schedule 4: Schedule 5: Schedule 6: Building Works Contractor Experience. Human Resources Capability Schedule of Management Practices. Australian Catholic University 13

15 SCHEDULE 1 REGISTRATION UNDERTAKING Selection of Panel Registration (please tick) PANEL A. PROVISION OF CONTRACTOR SERIVCES BUILDING REFURBISHMENT WORKS and /or PANEL B. PROVISION OF CONTRACTOR SERIVCES FITOUT WORKS and /or PANEL C. PROVISION OF CONTRACTOR SERIVCES MINOR CAPITAL WORKS Name of Applicant Address Telephone (Office) Facsimile Address Address for Correspondence (insert as above if applicable) Australian Catholic University 14

16 Trading / Business Name Australian Business Number (where applicable) Business Name / Registration Number (where applicable) I,... The person identified above / an authorised representative of the company identified above (delete whichever is not applicable) hereby register an interest in being asked to submit a Registration for the establishment of s and declare the information herein is true and correct. The officers of the University are authorised to seek information from any of the institutions or persons referred to in the Registrant s response schedules and any persons deemed necessary to evaluate the applicant s financial status and ability to undertake any future projects. Signed... Date Witnessed... Date Australian Catholic University 15

17 Name of Witness Address of Witness Australian Catholic University 16

18 SCHEDULE 2 FINANCIAL AND INSURANCE DETAILS It is a mandatory Condition of Participation that the Registrant meets a satisfactory or greater financial possession by ACU s Registrant assessors. To enable a proper evaluation of the financial strength of the Registrant, the Registrant should submit the last three years of historical financial information in the form of either audited (where available) or unaudited Annual Reports together with all Notes to the Accounts. If any substantial inter-group or inter-company loans exist, the information required by this Schedule 2 should also be provided for the companies to which these loans have been provided or from which they have been obtained. The Registrant should also submit details of all Professional Insurances currently held as requested below. Banker The Banker/Financial institution which handles the applicant s trading account and from whom references can be obtained is:... Whose address is: Telephone:... Other Financiers Are there any financial institutions which may have an interest in the applicant s business activities? YES NO If Yes please provide details. Australian Catholic University 17

19 Accountant The Registrant s Accountant is: Whose address is: Telephone:... Insurances The Registrant must provide a statement regarding their insurances and, as appropriate, provide evidence regarding insurances held in the form of Certificates of Currency. Type Public/Product Liability Professional Indemnity Insurance Contractor s All Risk Insurance Workers Compensation Minimum Amount The Certificates of Currency can be provided as an attachment to the Registrant s Submission. This is Schedule 2 referred to in the Registration of Interest dated the 19 th day of December Applicant Signed Australian Catholic University 18

20 SCHEDULE 3 OHS MANAGEMENT The Registrant must provide evidence of a robust organisational Occupational Health and Safety Management framework. The Registrants must also provide the table of contents of a typical project OHS plan that has been implemented on a comparable project. This is Schedule 3 referred to in the Registration of Interest dated the 19 th day of December Applicant Signed Australian Catholic University 19

21 SCHEDULE 4 BUILDING WORKS CONTRACTOR EXPERIENCE The Registrant must provide details of previous experience in respect of at least one completed project with a built cost above $3 Million successfully delivered in the last two years used a Fixed Lump Sum Contract. Further, the Registrant is required to complete the table overleaf with projects it feels appropriate to demonstrate its capabilities as a Builder. This is Schedule 4 referred to in the Registration of Interest dated the 19 th day of December Applicant Signed Australian Catholic University 20

22 Projects Experience Table Project Name and Description Client Accepted Contract Amount Final Contract Amount Original Completion Date Final Completion Date Referee (One of Client, Architect or Project Manager) Insert Here Australian Catholic University 21

23 SCHEDULE 5 QUALITY ASSURANCE & ENVIRONMENTAL ACCREDITATION Quality Assurance The Registrant must provide ACU with an indication of its Quality Assurance practices, including, as applicable, third party certification to AS/NZS ISO 9001:2000 standards. Where the Contractor holds current ISO9001 accreditation, the Contractor should provide: (a) A copy of the current Certificate of Certification. (b) Capability Statement/Description as issued by the certifying organisation, in which category (type) and level of certification. Where the Contractor does not hold current ISOv9001 accreditation, the Contractor should provide a table of content from a typical project-specific Quality Assurance Plan as an attachment to its Registration. Further, the Contractor should provide a narrative on steps being taken to achieve industry benchmark accreditation. Environmental Accreditation The Registrant must also provide evidence of compliance with relevant Environmental legislation and supply the following documents in relation to third party certification of its Environmental Management System to AS/NZS ISO 14001:2004. (c) A copy of the current Certificate of Certification. (d) Capability Statement/ Description as issued by the certifying organisation, in which category (type) and level of certification. Where the Contractor does not hold current ISO accreditation, the Contractor should provide a table of content from a typical project-specific Environmental Management as an attachment to its Registration. Further, the Contractor should provide a narrative on steps being taken to achieve industry benchmark accreditation. This is Schedule 5 referred to in the Registration of Interest dated the 19 th day of December Applicant Signed Australian Catholic University 22

24 SCHEDULE 6 SCHEDULE OF MANAGEMENT PRACTICES The Registrant should provide evidence of or describe their corporate management practices that address the following issues: Industrial Relations Environmental, Waste, and Contamination Management; and Risk Management The Registrant should also describe how these practices are applied to the management of projects. This Schedule is to be no longer than 2 A4 pages. This is Schedule 6 referred to in the Registration of Interest dated the 19 th day of December Applicant Signed Australian Catholic University 23

25 ATTACHMENT 1 EVALUATION CRITERIA SCORING SYSTEM Score Description Interpretation 5 Excellent Compliant. Exceeds specified performance or capability and the additional input adds value. Registrant clearly understands the requirement. No weaknesses or deficiencies. Excellent probability of success. 4 Very Good Compliant. Registrant s supporting statement indicates a very good understanding of the requirement. No weaknesses or deficiencies. Very good probability of success. 3 Good Compliant. Registrant s supporting statement indicates a good understanding of the requirement. No major weaknesses or deficiencies. Good probability of success. 2 Acceptable Compliant. Registrant s supporting statement indicates a general understanding of the requirement. Some minor weaknesses or deficiencies and further clarification may be needed. Fair probability of success. 1 Marginal Compliance stated by registrant. Registrant s supporting statement does not indicate the level of understanding or indicates some misunderstanding of the requirement. Some major weaknesses or deficiencies. Low probability of success. 0 Unacceptable Non-compliant. The registrant s supporting statement indicates a complete misunderstanding of the requirement or non-compliance without any supporting statement regarding compliance without any supporting statement or the Registrant has not supplied any statement regarding compliance with the requirement. Very low probability of success. Australian Catholic University 24

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