Procuring Building Contractors

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Guideline for external Project ManagersProcuring Building ContractorsBuilding, Construction, Maintenance (BCM) Minor Category - Projects lessthan 1M (including GST)BCM Minor Category - Guideline for procuring Building Contractors. Version: 28/03/22This document may include information that could be used by Suppliers to the detriment of thedepartment or other Suppliers and therefore is to be considered Confidential.CM 21/662268 State of Queensland

ContentsProcuring Building Contractors.1Introduction .4Principles of Tendering .4Request for Tender (RFT) Process .4Probity .41.Plan - Tender Method (Sourcing Strategy) .6Determining the number of Tenderers to be invited (Select) .6Budgetary and Financial Implications.62.Develop - Tender process and documents .7Templates - Minor and Medium Works .7Tender documents preparation .7Conditions of Contract document .7Tender Form .7Tender Period .8Evaluation plan preparation .8Evaluation Panel .8Acknowledgement of Obligations when undertaking Tendering.8Non-Price evaluation criteria .9Weightings .10Mandatory Conditions .10Pre-Tender Procurement Approval - School Subsidy Scheme .10Open Tender Process.113.Offer - Request for Tender (RFT) .12Tender Release .12RFT email process .12Q Tender Process .12Manage Tender Process .12Addenda .12Site Visits.12Extension of Time .124.Evaluate – Evaluation of Tender .13Evaluation process .13Receipt of Tenders .13Evaluation of Tenders .13Page 2 of 18

Price Assessment. .14Post-Tender Procurement Approval.145.Award – Tender award .16Issuing a Purchase Order .16Contract Acceptance .16Feedback to unsuccessful tenderers (Debriefing) .17Tips for a successful debriefing .17Factors to consider when providing feedback .17Training opportunities .18Page 3 of 18

IntroductionThis Guideline is intended to assist and instruct Project Mangers (PM) to procure Building Contractors on behalfof the Department of Education (the Department) via a competitive tender process for values 1M (GST inc).This guideline is to be read in conjunction with the Project Manager’s Terms of Reference (Scope).Alternatively, the Department utilises several Supply Arrangements each with its own unique and specificquoting and evaluating requirements that can be accessed.IMPORTANT: Schools and P&C Associations undertaking building projects valued above 1,000,000 (includingGST) must contact the Building, Construction and Maintenance (BCM) Unit, Procurement and Facilities ServicesBranch at Procurement.BCM@qed.qld.gov.au . Construction projects should not be undertaken by the Parents& Citizens (P&C) Association without the involvement and approval of the School Principal. The P&C Associationhold no delegations for school infrastructure projects and therefore cannot enter into a contract or signacceptance letters.If not stated, all values are GST Inc.Principles of TenderingProject Managers must abide by the Department’s Purchasing and Procurement Procedure. Project Managersalso need to be familiar with the Conditions of Tender, contained within the Australian Standard AS4120.1994“Code of Tendering”. AS4120-1994 is available for purchase from the Standards Australia Webstore.Request for Tender (RFT) ProcessRequest for Tender (RFT) is used to procure building, construction and maintenance contractors, using the 5stage process outlined below.PlanDevelopOfferEvaluateAwardNote: The term Request for Offer (RFO) is used to procure Infrastructure Project Managers and InfrastructurePrincipal Consultants. Request for Quote (RFQ) is used to procure goods and services, including professionalservices, from a Standing Offer Arrangement (SOA).ProbityProcurement activities are to be undertaken with integrity ensuring accountability for outcomes.Integrity and accountability is about commitment to ethical practices (Queensland Procurement Policy (QPP) —Principle 3: integrity, probity and accountability), through honest, fair and respectful engagement with currentor potential suppliers. At an operational level, this means that high standards of integrity and accountability areexpected from all personnel involved in procurement activities.Integrity and accountability are supported by: procurement activities being undertaken for official purposes only and in the public interest following government , and department policy, delegation and process requirements complying with all applicable laws dealing with suppliers honestly and treating them fairly appropriately managing conflicts of interest, gifts and benefits and contracts with departmental employees(Section 89 of the Criminal Code Act 1899)Page 4 of 18

compliance with the Australian Standards Code of Tendering (AS4120-1994)avoiding personal gainensuring processes and decisions are documented and defensible and retained for audit purposes.Guidance for personnel who become aware of potential fraud, corruption or non-compliance with procurementprocedures and instructions can be found within our dealing with Purchasing and Procurement Non-compliancedo cum ent. A d d i t i o n a l a s s i s t a n c e c a n b e s o u g h t v i a P ro curem ent.BCM @qed.qld.go v .auIf advice is required regarding confidential integrity and accountability issues, DoE Integrity and EmployeeRelations can assist.Page 5 of 18

PlanDevelopOfferEvaluateAward1. Plan - Tender Method (Sourcing Strategy)A sourcing strategy is used to determine the best strategy to approach the market, among other things, demandand supply market analysis, the consideration of relevant procurement objectives and the identification andevaluation of strategy options.For all procurement activities a Procurement Sourcing Strategy form needs to be completed and sent toProcurement.BCM@qed.qld.gov.au for review and approval prior to inviting tenders.For procurement of contactors for values under 1M the Departments’ default position is select (limited).However open invitation can be considered as an approach provided reasoning is given in the sourcing strategyform.Determining the number of Tenderers to be invited (Select) Building contracts not expected to exceed 100,000 (including GST), determine a list of contractors to inviteto submit a tender under a Select Tender process. A minimum of three “local” contractors are to be invitedwith the Regional Infrastructure Advisor involved in the process of determination.For values between 100,000 and 500,000 the works are to be offered to a minimum of four (4)contractors, with a minimum of three (3) “local” contractors invited with the Regional Infrastructure Advisor/ manager involved in the process of determination.For values between 500,000 and 1,000,000 the works are to be offered to a minimum of five (5) “local”contractors, with a minimum of three (3) “local” contractors. The Regional Infrastructure Manager/Advisormay assist with the selection with the Regional Infrastructure Advisor/Manger involved in the process ofdetermination.If enough contractors cannot be sought with a 125km “local” radius of the project site than expand thisradius until the required number are found.Note: If tender responses exceeds 1,000,000 (including GST), a contractor from the Department of Energy andPublic Works’ Pre-Qualified Contractors (PQC) System must be appointed. These projects use select lists andassistance is to be sought via Procurement.BCM@qed.qld.gov.au .Budgetary and Financial Implications Prior to going to tender, ensure sufficient funds are available to enter into a contract. Failure to do so couldlead to project delays and non-approval of tender.Note: the Australian Standards Code of Tendering (AS4120-1994), which the Conditions of Tender aligns with,states that “the principal shall call for tenders only and after the Principal has arranged funding for the projectand has made a firm commitment to proceed with the project”.Page 6 of 18

PlanDevelopOfferEvaluateAward2. Develop - Tender process and documentsAll DoE construction tenders must use the current Department of Energy and Public Works (DEPW) invitationand contract documents. These can be downloaded from the ForGov website. Please ensure that you aredownloading the most current templates from the above link each time you require the documents.Templates - Minor and Medium Works Minor – contract values up to 250,000Medium – contract values from 250,001 to 750,000Each of these have Design options.For works above 750,001 to 1,000,000 Procurement and Faculties Services Branch atProcurement.BCM@qed.qld.gov.au can advise the correct form of Special Conditions of Contract andAnnexure to be used. Additional assistance can be sought via Procurement.BCM@qed.qld.gov.au .Additions - Department of Education Specific - In addition to the DEPW templates DoE has additional tenderrequirements that form part of the tender package:o Minor & Medium Works Tenders - DoE Instruction Guide - Please review the DoE Instruction Guideas this document contains wording that must be transferred to the DEPW Templates.o Minor & Medium Works Tenders - Returnable Schedule - You must complete the ReturnableSchedule as required and provide as an attachment with the Tender Documents. Tenderers mustcomplete and return the Returnable Schedule with the Tender Form.Tender documents preparationConditions of Contract document Open and amend the Annexure items to include the details for the Principal under the Contract. The“Principal under the Contract” for construction projects undertaken on Department of Education facilities isalways “The State of Queensland through the Director-General Department of Education”. The address ofthe Principal is “Level 22, Education House, 30 Mary Street, Brisbane QLD 4000”. The “Principal under theContract” is not the School, School Principal, P&C Association or Project Manager. The Director-General isthe responsible officer for the provision of facilities on state-owned or Crown land.If a design is not provided and the design and the Building Act Compliance is to be completed by theContractor (i.e. Design and Construction Contract), amend the Annexure to the Conditions of Contract tostate this.Complete the remaining Items of the Annexure noting the default provisions.Tender Form Open and enter the project and tender details in the top box (highlighted in grey).The response forms to the Evaluation criteria (stating the weighting) should be included and attached to theTender Form so that one complete Tender Form is returned by the Tenderer. If Price is to be broken downplease list what is required. Additional assistance can be sought via Procurement.BCM@qed.qld.gov.au .Page 7 of 18

The Project Manager is to prepare the Specifications to accompany the contract documentation. This willdetail the scope and deliverables of the project, including physical characteristics of the facility. e.g., a scopeof works for a hall will include the number and type of rooms, seating, lighting and data.The below are typical issued tender documentation:o Contractor Request for Tender Letter or Email (using the wording of this Letter)o Tender Form (and returnable schedules with included evaluation criteria)o Tender and Contract Conditionso Working on DoE Facilities document (current version)o Specifications or Project Facilities Brief (if simple and less complex)o Copy of the plans or drawings certified as being Building Act Compliant. Alternatively, include acopy of drawings or concept plans for non-traditional tender and the contractor will prepare orfinalise the design and obtain BAC approval.Tender PeriodDoE’s standard time frame is a minimum tender period of 3 weeks between advertisement or release and dateof closing, unless approved otherwise as part of the sourcing strategy. This period needs to be factored intothe project time frame from the outset.Note: the Australian Standards Code of Tendering (AS4120-1994), which the Conditions of Tender aligns with,states that the timing of the closing of tenders is: “not earlier than 2:00 p.m.; not on a Monday or day followinga Public Holiday; and at least one week after the recognised industry Christmas close down”.Evaluation plan preparationPrepare a draft Tender Evaluation Plan (form) with the panel members details included in order to providea clear evaluation methodology from the outset. Ensure panel members agree with the weightings andevaluation criteria. Once determined pre fill the Evaluation of Quotes – Non-Price Criteria with the panelmembers names have panel members sign the pre tender approval area and send toProcurement.BCM@qed.qld.gov.au for approval. An approved form will be returned allowing you to calltenders.Once the tender is advertised, changes cannot be made to the Evaluation Criteria or Weightings.Note: Tender Evaluation Plan (form) is to be completed prior to the issuing of tenders and providesapproval to release tenders.Evaluation Panel Minimum of three people, with at least one Qld Government employee involved.Generally, consists of the project steering committee i.e. School Principal, School Business Manager,the Regional Infrastructure Advisor/Manager, the Project Manager and a P&C representative (if P&Cfunding is provided for the project).Acknowledgement of Obligations when undertaking Tendering The Acknowledgement of Obligations form outlines obligations, acknowledgement ofconfidentiality, privacy and declaration of conflicts of interest for evaluation panel members, orexpert advisors if used.Page 8 of 18

Evaluation panel members complete and sign an Acknowledgement of Obligations form for each andevery project that is undertaken at the outset or the Procurement Activity and reviewed oncetenders are received.There are two forms Acknowledgement of Obligations (Qld Gov Employees) and Acknowledgement of Obligations (Non Qld Gov Employees)The completed forms are to be attached to the evaluation/recommendation report for theprocurement processNon-Price evaluation criteriaThe following non-price evaluation criteria are included in the tender and selection process to supportgovernment policy and provide a greater level of certainty to project outcomes.The inclusion of non-price evaluation criteria in tender evaluations is based on the recognition that: The lowest priced tender does not necessarily represent best value for money; Project requirements considered important or critical may be best satisfied by contractors who candemonstrate specific skills or experience; and Non-price evaluation criteria have a role in the realisation of government priorities and outcomes.The non-price criteria needs to be consistent with the State Procurement Policy objectives and required projectoutcomes. Methodology‘Methodology’ refers to the way in which a contractor intends to meet project objectives. Depending on theprocurement strategy, contractor methodology may encompass all of the activities undertaken throughout thedesign and delivery phases of the project.Non-price criteria addressing contractor methodology may focus on any of the following: buildability/ maintainability innovation and Materials Technology environmental sustainability incorporation of best practice communication i.e site management/usergroup/client management construction management Project Specific Safety Considerations inc Management of Work Health and SafetyContractors are required to demonstrate a workplace health and safety culture within the business includingtraining of staff, and their experience in managing site risks.Respondents are to: provide evidence and details of the safety systems in use to ensure comprehensive safetymanagement provide details of relevant experience on comparable projects (size and complexity), where you havesuccessfully managed the safety of staff, visitors, sub-contractors and consultants; provide information relating to any convicted offences, enforceable undertakings and/orinfringements under the Workplace Health and Safety Act 2011. Resource Strategy including Key Personnel;A contractor’s resource strategy will specify which individuals, companies and sub-contractors will be involvedin the project: It may include some or all of the following aspects:Page 9 of 18

Design Skills & Capabilityidentification of key activities in terms oftasks and people / personnel back-upstrategy a project organisation chartrefereeskey team members (including their resumes) Use of Local Subcontractors and Suppliers in accordance with the Queensland Procurement Policy.Relevant criteria include: Key trade packages Strategy for use of local sub-contractors and/or service providers and suppliers’ Strategy for providing training and/or skills/technology transfer to local contractors and or localservice providers or suppliers.Any deviation to the above main criteria please contact Procurement.BCM@qed.qld.gov.auWeightingsEvaluation criteria and weightings have been predetermined via the approved Evaluation Plan.For Price Assessment where there is also Non-Price Criteria the method used to assess price is the InverseProportion Method of Price Assessment as discussed in section 4 - Evaluate.Once the tender is advertised, changes cannot be made to the Evaluation Criteria or Weightings.Mandatory ConditionsThese should only be a Queensland Building and Construction Commission (QBCC) licence(s) Relevant insurances.Pre-Tender Procurement Approval - School Subsidy Scheme For projects approved under the School Subsidy Scheme, submit the following additional documentation toschoolsubsidyscheme@qed.qld.gov.au. Include the school and project name in the subject heading.Applicant will be advised of the pre-tender procurement approval by return email.o Completed Project Commencement or SSS Project Contributions form.o Procurement Sourcing Strategy form that includes the contractors selected to submit an offer(where a select tender process is approved); oro Completed QTender Advertisement Request (for an open tender process)o Tender Form (and returnable schedules with included evaluation criteria)o Contract Conditions that includes details for the Principal under the Contracto Working on DoE Facilities (current version)o Specifications or completed Project Facilities Briefo For Traditional a copy of the plans or drawings certified as being Building Act Compliant (BAC). ForDesign and Construct include a copy of drawings or concept plans for non-traditional tender andthe contractor will prepare or finalise the design and obtain BAC approval.o Draft Tender Evaluation Plan Evaluation of Quotes formo Project Cost Plan (pre-tender) indicating the estimated total project cost, including all works for theprojects, statutory and consultancy fees, charges, contingency and all financial contributions.o Copy of Siting Approval and supporting documentation.o Copy of the Joint Development Agreement if applicable.Page 10 of 18

The relevant Procurement Delegate will assess the contract documentation for compliance under theDepartment’s Purchasing Policy, and if satisfied will grant Pre-Offer Procurement Approval to proceed totender and advertise the tender.Open Tender ProcessWhere an Open Tender process has been agreed to as part of the Sourcing Strategy.In accordance with the QTender Advertisement Request (Open) – Less than 1M form, Forms and documentsare to be sent in to the Building and Construction Management Unit of the Procurement and Facilities ServicesBranch at Procurement.BCM@qed.qld.gov.au at least three (3) working days prior to the release date in orderto undertake a thorough review of all documentation and for communication to occur if required. This needsto be factored into the project time frame. Any documentation received by Procurement for review and requestto upload onto QTender received after 5.00pm will be deemed as the next business day.The advertisement is uploaded to the website the day before release so that the advertisement becomes visibleat midnight beginning the first day of the tender period. At this time the website will send an automatednotification (along with a link to the advertisement) to all registered users who have nominated to receiveconstruction tender advertisements from the Department of Education. An email will be returned to the ProjectManager confirming the successful upload of the advertisement and include a link to the QTenderadvertisement.The advertisement will list the details of the primary contact officer for the advertisement. The contact personshould expect to receive a lot of interest from the advertised tender and should be prepared for a number oftelephone calls and emails.Interested contractors may download the contract documents from the QTender advertisement if this isdetermined a better process or may obtain the documents from the contact person nominated in theadvertisementPage 11 of 18

PlanDevelopOfferEvaluateAward3. Offer - Request for Tender (RFT)Tender ReleaseRFT email processUnder no circumstances can the names of invited tenderers be shared with other tenderers. RFT may be emailed directly to the tenderers.Prepare a Contractor Request to Tender Letter or Email (using the wording of the Letter) fordistribution to each nominated tenderer.Distribute the approved tender and contract documentation to the selected tenderer and request forconfirmation in writing that the documents have been received. Do Not include the Project Commencementform, Schematic Design Project Proposal, Project Report, Project Cost Plan, Tender Evaluation form, SitingApproval or Joint Development Agreement with the tender documentation.Q Tender ProcessDistribute the approved tender and contract documentation to contractors and request for confirmation inwriting that the documents have been received. Do Not include the Project Commencement form, SchematicDesign Project Proposal, Project Report, Project Cost Plan, Tender Evaluation form, Siting Approval or JointDevelopment Agreement with the tender documentation.Manage Tender ProcessAddenda During the tender period the Project Manager may issue an addendum by sending a notification/requestand the additional documents to the same email address that received the original request.For tenders where documents are available from QTender, additional documents may be uploaded to theadvertisement; however existing documents cannot be removed or replaced.For tenders, where the documents are distributed directly to the tenderers by the PM, the additionaldocuments are sent by the Project Manager to the same email address that received the original offer.Site Visits If undertaking site meetings with tenderer to clarify requirements, each tenderer must be provided with thesame information to maintain an open and transparent process.Any communications with tenderers must be fully documented and if significant will need to be provided aspart of the evaluation process and Procurement Approval. This may entail an Addendum. It is good practiceto keep a register of attendees.Extension of Time During the tender period the Project Manager may receive requests for an extension of the tender close.Chair is not to unreasonably refuse requests.Request to be discussed with the project steering committee.Result to be communicated to the requestor and if in agreement to extension to be communicated to alltenderersPage 12 of 18

PlanDevelopOfferEvaluateAward4. Evaluate – Evaluation of TenderEvaluation processReceipt of Tenders In no circumstances are tenders to be opened before the closing time and day.Hardcopy tenders must be stored in a secure locked box or cupboard once received and awaitingevaluation. Electronic submissions must also be received and stored securely.All tenders must be opened in the presence of an evaluation panel member and assessed using the TenderEvaluation form and an Evaluation Report Contractor template against the advertised criteria. Note, whatwas advertised as, or stated as the evaluation criteria in the returnable schedules is what is evaluated.Check that the Australian Business Number (ABN) of the company matches the company name submittedon the tender form and registered against the QBCC licence number. The contract acceptance letter willbe issued to the company and its ABN, and the company will undertake the works under the QBCC licence.Check that the tender has been signed. If not, it is a non-compliant tender.Identify if there are any tenderer’s additional terms and conditions. The Department does not accept anyadditional terms and conditions. If this occurs, clarification is necessary to the tenderer, to determine ifthey accept the Department’s T&C. If not, it is a n

contractors, with a minimum of three (3) " local" contractors invited with the Regional Infrastructure Advisor / manager involved in the process of determination. For values between 500,000 and 1,000,000 the works are to be offered to a minimum of five (5) "local" contractors, with a minimum of three (3) " local" contractors.

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