ENGINEERING AND HYDRAULIC SERVICES PANEL 2007 CABINET DECISION

Transcription

1 Project Title ENGINEERING AND HYDRAULIC SERVICES PANEL 2007 Contract Description PANEL ESTABLISHMENT Request No On behalf of the DEPARTMENT OF FINANCE Principal THE MINISTER FOR WORKS Lodgement of Tender Place: Tendering Services 16 Parkland Road OSBORNE PARK WA 6017 CABINET DECISION From 1 July 2011, the Treasury and Strategic Projects functions of the Department of Treasury and Finance will be transferred to the Department of Treasury. The State Revenue, Government Procurement, Building Management and Works and Shared Services functions of the Department of Treasury and Finance will be transferred to the Department of Finance.

2 COPYRIGHT Copyright in this document is reserved to the Crown in the right of the State of Western Australia. Reproduction is prohibited other than in accordance with copyright law or with the prior written consent of the Under Treasurer, Department of Finance or the Attorney General.

3 INTRODUCTION READ AND KEEP THIS PART The Department of Finance Building Management and Works (BMW) proposes to establish a panel of engineering and hydraulic services consultants to undertake commissions up to $100,000 fee (GST exclusive) for the individual Areas of Practice listed below. The proposed panel will replace the existing Period Consultancy Panel for Engineering Services for Building Projects 2003, with the addition of a new Hydraulic Services Panel component. This composite panel will provide for the following services: AREAS OF PRACTICE: ENGINEERING Electrical / Electronic (including Vertical Transportation, Communications Systems, Fire Detection Systems and Security Surveillance Systems); Mechanical; Fire (including fire safety engineering for compliance with BCA deemed-to-satisfy or alternative solutions and fire sprinklers); Structural; Civil (including Geotechnical), and; HYDRAULIC SERVICES The panel will operate on a state- wide basis and include regional firms, however, will not generally be used for regional low risk maintenance and minor works projects managed through BMW Regional Consultancy Panel. The nature and complexity of individual projects will dictate the choice of a particular firm, if any, from the panel. BMW reserves the right at its absolute discretion to source services outside this panel arrangement. The Principal does not warrant and / or guarantee that any panel member will receive any contract(s) for service derived from membership of the panel during the term of its operation. The panel will serve for hourly rates based commissions (with provision to convert to a Lump Sum when the scope is sufficiently defined) and advisory services up to $20,000 fee GST exclusive on a pre-selected basis, and as a pre-qualified list for inviting (generally a single) quotation for commissions between $20,001 and $100,000 fee. Commissions beyond these limits, and those with specialised requirements, will be established through a process outside this panel. For commissions derived from membership of this panel, the consultant may be engaged in a capacity as Lead Consultant and / or on a sub consultancy basis. For BMW direct commissions derived from panel membership, the consultant will generally be engaged direct, in the capacity of Lead, or Prime Consultant. 169_rfp_eng hyd_serv_panel_2007_final 30May2013.doc

4 Where the Principal separately engages a Lead Consultant for its various projects, generally an Architect, the Lead Consultant (at its discretion and with the Principal s approval) may utilise the panel arrangement to engage its engineering and hydraulics sub consultants, on a pre selected or pre qualified basis consistent with the BMW modus operandi of the panel and its own conditions of engagement. Other Government agencies and Facilities Managers contracted to provide services for BMW may, with the approval of BMW, use the Panel for services the same as, or similar to those described in this document. The panel will record the firm s staffing levels, areas of experience and capability to serve as a guide in selecting a firm from the panel. Records will also be kept of the value of work awarded and the firm s performance on projects to further guide the selection process. Firms that are included in this panel which fail to perform to BMW satisfaction may be removed from the panel at the discretion of BMW. PURPOSE The purpose of the panel is to: Provide a rapid response to initiating new projects; Reduce the time and effort required to establish contracts, and; Reduce cost to consultants in tendering for contracts. Other benefits expected from the initiative are to: Support the distribution of work within the industry, and; Provide more opportunities for regional firms. This Request for Tender asks for firms to demonstrate their experience and capacity to undertake Government projects. STRUCTURE OF THIS DOCUMENT 1. Part A of this document describes the panel, the conditions for inclusion on the panel and the process for establishing the panel; 2. Part B1 describes the operation of the panel and its application to establishing specific Contracts for Service derived from membership of the Panel; 3. Parts B2 to B.11 describe the current version of contractual conditions and standard scope of service that shall apply to BMW direct commissions derived from the panel unless otherwise stated in the Invitation for Offer document, and; 4. Part C includes the various forms and declarations that must be submitted in the tenderer s application for membership of the panel. 169_rfp_eng hyd_serv_panel_2007_final 30May2013.doc

5 TABLE OF CONTENTS A. PART A - REQUEST... 1 A.1. SELECTION PROCESS... 1 A.2. PRE-QUALIFICATION REQUIREMENTS... 2 A.3. PANEL ESTABLISHMENT SELECTION CRITERIA... 2 A.4. FURTHER INFORMATION - SUSTAINABILITY... 3 A.5. GOVERNMENT POLICIES THAT AFFECT SELECTION... 4 A.6. PRICE BASIS... 4 A.7. THIRD PARTY ACCESS & DISCLOSURE TO OTHERS... 4 A.8. GOODS AND SERVICES TAX... 4 A.9. MONETARY VALUES... 5 A.10. TENDER DOCUMENTS... 5 A.11. SPECIAL CONDITIONS OF TENDER... 5 A.12. FURTHER INFORMATION... 7 B. PART B - SPECIFICATION... 8 B.1. OPERATION OF PANEL... 8 B.2. GENERAL CONDITIONS OF CONTRACT B.3. SPECIAL CONDITIONS OF CONTRACT B.4. CONSULTANT BRIEF B.5. PROJECT BRIEF B.6. SCHEDULE OF DELIVERABLES B.7. CONSULTANT REPORTING DATA SHEET B.8. SAMPLE ANNEXURE B.9. CONSULTANT SUSTAINABILITY PROVISIONS REPORTING CHECKLIST B.10. BUILDING EQUIPMENT MAINTENANCE / REPLACEMENT SCHEDULE B.11. ASBESTOS INCIDENT FLOWCHART C. PART C- TENDERER'S OFFER C.1. OFFER FORM C.2. SELECTION CRITERIA PROFORMAS C.3. CONFIRMATION OF ATTACHMENTS THAT ACCOMPANY THE OFFER FORM C.4. CORPORATE IDENTIFICATION OF TENDERER C.5. RECIPIENT CREATED TAX INVOICE AGREEMENT C.6. CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE C.7. PRE DETERMINED SCHEDULE OF HOURLY RATES C.8. APPENDIX A rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc

6 A. PART A - REQUEST READ AND KEEP THIS PART A.1. SELECTION PROCESS This is a Request for Tender (RFT). Tenders will initially be evaluated against the pre-qualification requirements specified in Clause A.1.2. Tenders that meet the pre-qualification requirements will then be evaluated, as described herein. Tenders received that have not addressed all of the selection criteria may be ruled invalid. The Principal is not obliged to accept any tender and may reject without liability any or all tenders submitted. Hourly Rates have been pre-determined by BMW and do not form part of the selection process. A.1.1. PANEL COMPOSITION The Engineering and Hydraulic Services Panel 2007 will be a pre-qualified panel of Consultants with demonstrated experience in providing engineering and / or hydraulic consultancy services in any or all of the following areas of practice: Engineering Electrical (including Vertical Transportation, Electronic - Communications Systems, Fire Detection Systems, High and Medium Level Security); Engineering Mechanical; Engineering Fire (including fire safety engineering for compliance with BCA deemed-to-satisfy or alternative solutions and fire sprinklers); Engineering Structural; Engineering Civil (including Geotechnical), and; Hydraulic Services The panel composition proposed is intended to accommodate an appropriate range of firm sizes and skills and consist of firms assessed to have capability to undertake contracts of varying size and complexity consistent with BMW s Works program. The number of firms accepted for each Area of Practice will be determined after considering the profile of credentialed firms in the industry and the profile of projects anticipated over the life of the panel Allocation of contracts derived from membership of the panel will be determined having regard to the Principal s assessment of the varying capability and capacity of the panel membership from time to time. A.1.2. PANEL ESTABLISHMENT SELECTION PROCEDURE An Evaluation Panel will assess tenders received and make recommendations for inclusion on the panel of those Tenderers deemed to have demonstrated an acceptable response to the Selection Criteria listed under. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 1

7 A.1.3. PRINCIPAL S DISCRETION For the purposes of selection and operation of this panel, the term firm will be interpreted to include individuals with the appropriate qualifications, facilities and insurances. The Principal reserves the right to alter the operational parameters, terms and conditions and membership composition of the panel at its discretion and at any time during the operation of the panel. This may include, from time to time, restricting further membership. A.1.4. FINANCIAL LIMITS The panel will serve for hourly rates based consultancy and advisory services up to $20,000 fee (GST exclusive) and as a pre-qualified list for inviting (generally a single) quotation for commissions between $20,001 and $100,000 fee (GST exclusive). A.2. PRE-QUALIFICATION REQUIREMENTS To be eligible for consideration, Tenderers must meet the following pre-qualification requirements: For each Discipline the director, partner, manager, or other person responsible for the discipline concerned shall hold a recognised professional qualification in Engineering for the relevant discipline from a university or similar educational institution and be eligible for either membership of the National Professional Engineers Register (NPER) and / or Engineers Australia (MIE Aust) and / or be a Chartered Engineer (CPEng). The person nominated must demonstrate they have practised principally in the field of Engineering for a minimum of 5 years applicable to the particular discipline of engineering work for which panel membership is being sought; For the Hydraulic Services Area of Practice the director, partner, manager, or other person responsible for the discipline concerned must demonstrate appropriate experience or qualification, and have practised principally in this field for a minimum of 5 years. Security consultants shall be licensed under the Security and Related Activities (Control) Act 1996 and all relevant amendments. Copies of licence papers and associated conditions shall be submitted with the proposal. Accept the Hourly Rates included in this RFT and periodic adjustments, if any. A.3. PANEL ESTABLISHMENT SELECTION CRITERIA Assessment of Tenders will include evaluation of the selection criteria below. Tenderers must demonstrate their ability against each criterion to be considered for inclusion in the panel. The criterion will not be point scored. Each submission will be assessed on a rating basis of acceptable or invalid as to whether the criterion is satisfactorily met. An assessment of invalid against either Criterion will eliminate the Tenderer from further consideration. Note: A submission may not need to comply with every detail of the requirement where BMW is satisfied with the level of compliance demonstrated, the assessment will be acceptable. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 2

8 The approximate number of pages shown against each criterion is a guide to the suggested maximum length of each proposal. CRITERIA 1. FIRM S CAPABILITY / EXPERIENCE (approximately 2-3 pages each Area of Practice) Nominate the Areas of Practice (Engineering and / or Hydraulic Service Disciplines) for which the firm is seeking panel membership. Using the attached template for each Area of Practice (Discipline), list the firm s relevant projects (or advisory services, project planning or definition services), completed or commenced construction in the last 5 years (10 years only if necessary) outlining the project description, project construction cost, key personnel and their roles. (Note: project experience gained by individuals while employed in other firms should be listed in that individual s resume under Criterion 2). 2. PROFILE OF THE FIRM AND PERSONNEL (template plus 1 page individual resumes) Using the appropriate templates, outline the management structure of your firm identifying the number of Professional Engineers and / or Hydraulic service practitioners in permanent or contract positions, their position and role in the firm, and the individual s relevant qualification / grade as applicable (Refer to Part C and Appendix A). Append a maximum one page resume for each of the nominated personnel to be made available for projects derived from panel membership, nominating any particular areas of expertise. Resumes should emphasise the individual s role in relevant projects. A.4. FURTHER INFORMATION - SUSTAINABILITY Tenderers are encouraged to provide a further level of information regarding their Firm s sustainable design experience and capability. Provision of this information is entirely optional and will not be utilised for panel membership evaluation purposes. It may, however, be considered with other criteria for purposes of selection of a preferred Consultant for contracts derived from membership of the panel. A.4.1. INNOVATIVE/ SUSTAINABLE DESIGN CAPABILITY Demonstrate your Firm s capability to provide sustainable and innovative design initiatives / solutions that contribute to the built environment, citing and discussing projects / design initiatives / solutions undertaken by your firm that have involved this ability. Outline your firm s: Nominated personnel ESD experience / capability; Description of ESD and commissioning components of projects and ratings achieved, with particular reference to local projects; Modelling and BCA Section J compliance software, and; Personnel who are Green Building Council Green Star Accredited Professionals and / or National Australian Built Environment Rating System (incorporating ABGR) Accredited Assessors (Names and accreditation). rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 3

9 A.5. GOVERNMENT POLICIES THAT AFFECT SELECTION The following Government Policies affect selection for the panel and subsequent selection for contracts derived from membership of the panel. Other Government Policies, if any, that become applicable during the currency of this panel, may affect subsequent selection for specific projects derived from membership of the panel: Buy Local Policy, July 2002; A.6. PRICE BASIS Hourly Rates for contracts derived from membership of the panel to a maximum fee value of $20,000 (GST exclusive) have been pre-determined by BMW and do not form part of the selection process, other than, to be eligible for selection Tenderers must accept the Hourly Rates included in this RFT. Continued membership of the panel may require the Tenderer to accept, from time to time, any periodic adjustments to the Hourly rates determined by the Principal. Contracts for Service derived from membership of the Engineering and Hydraulic Services Panel 2007 will generally be offered on the basis outlined at Clause B.1. A.7. THIRD PARTY ACCESS & DISCLOSURE TO OTHERS The use of the panel by others will require disclosure of the Consultant s Proposal to third parties approved by the Principal. This may include Lead Consultants separately engaged by the Principal, other Government Agencies and Facilities Managers contracted to provide services to BMW. Provision of secure online access to nominated parties via the BMW website is proposed. Panel members will be provided with update facilities via an link to a nominated BMW officer. Proponents who do not wish to disclose their proposal to others may elect for membership of the panel for BMW direct commissions only. Please complete the declaration at Clause C.1.4. A.8. GOODS AND SERVICES TAX Tenderers are deemed to be registered for GST and to have an Australian Business Number. Where the Requirement the subject of this Request or any part thereof is a taxable supply under the GST Act, the price, fee or rates tendered by the Tenderer shall be inclusive of all applicable GST at the rate in force for the time being. A.8.1. RECIPIENT CREATED TAX INVOICE AGREEMENT The Tenderer shall lodge, with its proposal the Recipient Created Tax Invoice Agreement included in the Part C. The lodged Recipient Created Tax Invoice Agreement shall be completed and signed by a person authorised to do so. Failure to lodge the completed and signed Recipient Created Tax Invoice Agreement may result in a firm being passed over. For each contract derived from membership of the panel, the Tenderer may be required to lodge, with its proposal a contract specific Recipient Created Tax Invoice Agreement. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 4

10 A.8.2. A OTHER DEFINITIONS AND IMPACT OF GST REGISTRATION LUMP SUM FEE The Lump Sum Fee and/or Time Charge Fee for any contract for service derived from membership of the panel shall be deemed to be GST inclusive and will be the value on which any contract for service is accepted. A VALUE OF WORK The Value of Work shall be deemed to be ten elevenths of the Lump Sum Fee. A.9. MONETARY VALUES Monetary values that appear in this Request and any subsequent Invitation document, such as Project Budget, Estimated Construction Budget, Limit of Cost, etc are net values. They do not include the Goods and Services Tax (GST). A.10. TENDER DOCUMENTS The Request for tender is constituted by: Bound into this volume: Part A Request; Part B Specification, and; Part C Tenderer's Offer. Separate documents supplied by the Principal: Addenda (if any). Separate documents not supplied by the Principal: The following document can be viewed in the BMW Tenders Office and all BMW Regional Offices. The Code of Practice for the Building and Construction Industry in Western Australia; (available from the BMW Tenders Office); The following documents are available from Standards Australia. AS Code of Tendering; AS Code of ethics and procedures for the selection of consultants, and; AS General Conditions of Contract for Consultants, which should be read in conjunction with the WA Government Amendments to AS in Schedule 1. The documents issued by the Principal may have been collated by mechanical means. The Proponent shall check to ensure that they include all pages, which are numbered consecutively, and that all supplements referred to are included. Supplements that have been referred to shall be read with the section to which they refer. A.11. SPECIAL CONDITIONS OF TENDER The following Special Conditions apply to this tender. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 5

11 A CODE OF PRACTICE AND ETHICS The Consultant confirms that, in relation to this Tender, it has complied in all relevant respects with both the Code of Practice for the Building and Construction Industry in Western Australia and the Australian Standard, AS Code of Ethics and Procedures for the Selection of Consultants. The Principal may require the Consultant to make the attestation prescribed in AS section 7.4. A CONFLICT OF INTEREST In accordance will AS section 4 Ethics, the Consultant shall disclose in its Tender all details of any conflict of interest. Membership of the panel is conditional upon the firm not being directly or indirectly involved in tendering or undertaking construction works arising from operation of this panel, and making any declaration of potential conflicts of interest in this regard prior to acceptance of any Contract derived from membership of the Panel. A OWNERSHIP OF TENDER RESPONSES All documents, materials, articles and information provided by the Tenderer as part of, or in support of their tender, will become the absolute property of the Crown in right of the State of Western Australia upon submission and will not be returned to the Tenderer at the conclusion of the tender process. However, unless the Contract provides otherwise, the Tenderer will retain copyright and other intellectual property rights in all submitted documents, materials, articles and information. A TENDER VALIDITY PERIOD Tenders shall remain binding on the Consultant and in force for a period of 60 days from the date of closing of tenders. If a tender is not entire and fully described, with all details and required documents completed in every respect as required by this Request, the Tender may not be considered and in any event the tender validity period shall commence only from the date when the Tender is corrected or completed to the satisfaction of the Principal. A CONDITIONS OF CONTRACT For Contracts for Service derived from membership of the panel the Consultant shall include in their Tenders for the cost of complying with the terms of these General Conditions, all amendments and the Special Conditions. The Australian Standard AS and amendments ( the General Conditions ) as referred to in this Request are available from Standards Australia. The pre-determined hourly rates allow for the cost of complying with the terms of these General Conditions, all amendments and the Special Conditions. A ADDENDA Written addenda issued by the Principal are the only explanations of, or amendments to, this request that will be accepted by the principal. A TENDER FORMAT The Tender shall be submitted in a sealed envelope and shall contain five (5) unbound copies and one (1) Compact Disc copy of its response that contain, in listed order: rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 6

12 Offer Form (Refer to Part C); READ AND KEEP THIS PART Confirmation of Attachments That Accompany The Offer (Refer to Part C); Corporate Identification Of Tenderer (Refer to Part C); Response to Selection Criteria (Refer to Part C). This may include a 1 page (maximum) covering letter and/or introduction; Ancillary Information (optional); Acknowledgment of all addenda issued. Recipient Created Tax Invoice Agreement (Refer to Part C); A LODGEMENT OF TENDER Tenders shall be submitted in a sealed envelope marked with the Tenderer s name, the project title and as stated in clause headed Tender Format and deposited in the Tender Box at, or sent by prepaid post to, the nominated place, by the date and time stated for Lodgement of Tenders. Facsimile proposals will not be accepted. Tenders received after the time and date stated for the Lodgement of Tenders may not be considered. A CONTACT PERSON There is only ONE contact person for this Tender. All Tender enquiries must be referred to the person nominated below. Tenderers must not rely on any other information provided by any other person. Name: Gaynor Boros Telephone: (08) Fax: (08) Gaynor.boros@ finance.wa.gov.au Physical Address: 16 Parkland Road, OSBORNE PARK WA 6017 Postal Address: Locked Bag 44, Cloisters Square, PERTH WA 6850 rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 7

13 B. PART B - SPECIFICATION NOTE: Part B1 describes the panel operation and application. Parts B2 to B.11 describe the default specification clauses that will apply to BMW direct commissions derived from panel membership unless otherwise stated in the Principal s Invitation for Offer. B.1. OPERATION OF PANEL The nature and complexity of individual projects will dictate the choice of a particular consultant, if any, from the panel. Contracts for service beyond the limits outlined below, and those with specialised requirements, will be established through a process outside this panel. B.1.1. SELECTION AND AWARD PROCESS A BMW Management Committee or delegate will oversee the nature, value and distribution of contracts awarded to the various panel members. The selection of Consultants from the Engineering and Hydraulic Services Panel 2007 will generally operate as follows. The Principal reserves the right at its absolute discretion to modify the selection and award process from time to time. B.1.2. USE OF PANEL FOR BMW DIRECT CONSULTANT ENGAGEMENT For BMW direct commissions derived from panel membership, the consultant will generally be engaged in the capacity of Lead, or Prime Consultant. Where the Consultant is to be engaged directly by BMW the selection and award process will operate as follows. B FEE VALUE TO MAXIMUM $20,000 (GST EXCLUSIVE) Contracts for service derived from panel membership up to a maximum value of $20,000 GST exclusive will generally be offered on a direct appointment, Time Charge Fee Proposal basis to a nominated maximum value. The Time Charge Fee will be subject to conversion to an agreed fixed Lump Sum Fee when scope is sufficiently defined. For projects with adequate initial scope definition fees shall be submitted on a Lump Sum Fee basis. Reimbursement of disbursements will be provided upon the submission of receipts and/or invoices and are to be agreed with the Principal s Representative BEFORE being incurred. 1. The BMW Manager or delegate, having regard to the particular contract for service requirements, will review the relevant panel and select a preferred firm from the list according to the criteria outlined below. This may be done in conjunction with the nominated Government Agency and take into account any particular project or Agency requirements. 2. BMW will contact preferred Firm s Representative to discuss the nature of the contract, the proposed scope of work, project timelines, nominated maximum value of rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 8

14 fee proposed for time charge fee proposals, and seek information on the availability of the personnel nominated in the panel for the relevant type of work. 3. If availability criteria are met and the fee basis acceptable, BMW will issue to the firm an Invitation for Offer that includes a Project Brief and scope of service required. 4. If the firm declines the invitation, the process is repeated with the next preferred firm until the offer is accepted. 5. Subject to BMW and any Government Agency approval requirements, the BMW Manager or delegate will arrange acceptance of the Consultant s Offer and complete appropriate contract arrangements. 6. Once a contract is established, BMW will record the contract details on a database for consideration on future contracts. B FEE VALUES $20,001 TO $100,000 (GST EXCLUSIVE) For projects with adequate scope definition, the Principal will generally seek a single quotation from a selected panel member requesting a lump sum fee and disbursements proposal, project personnel nomination and their availability. For projects lacking adequate scope definition, the Principal will arrange for scope clarification, generally on an hourly rates basis, prior to requesting submission of a lump sum fee and disbursements proposal. 1. The BMW Manager or delegate, having regard to the particular contract for service requirements, will review the relevant panel and select a preferred firm from the list according to the criteria outlined below. This may be done in conjunction with the nominated Government Agency and take into account any particular project or Agency requirements. 2. BMW will contact the preferred Firm s Representative to discuss the nature of the contract, the proposed scope of work, project timelines and seek information on the availability of the personnel nominated in the panel for the relevant type of work. 3. If availability criteria are met, BMW will issue to the preferred firm an Invitation for Offer that includes a Project Brief and scope of service required requesting a fee and disbursements proposal, project personnel nomination and confirmation of their availability. 4. If the firm declines the invitation, the process is repeated with the next preferred firm until the offer is accepted. 5. The BMW Manager, or delegate, will assess the Firm s Offer and determine whether, in the opinion of the BMW Manager, the Offer delivers value for money. Dependant upon value for money considerations, the offer may be subject of further negotiation, and/or rejection. In the event of rejection, the process is repeated with the next preferred firm. 6. Subject to BMW and any Government Agency approval requirements, the BMW Manager or delegate will arrange acceptance of the Consultant s Offer and complete appropriate contract arrangements. 7. Where the scope subsequently requires further clarification, the BMW Manager or delegate may agree to negotiate for adjusted fees. Any such adjustment is to be determined at the earliest possible opportunity and be in the form of a lump sum fee. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 9

15 8. Once a contract is established, BMW will record the contract details on a database for consideration on future contracts. B.1.3. AS SUBCONSULT TO SEPARATELY ENGAGED LEAD CONSULTANT The Principal s policies and procedures relating to appointment of Sub-consultants requires the Lead Consultant when seeking approval from the Principal for the appointment of any Sub-consultant to demonstrate that the selection process used to select the Sub-consultant has delivered a value for money outcome. Additionally the selection process is required to comply with relevant Government policies such as Buy Local (where the contract involves work outside the Perth Metropolitan Area and/or otherwise falls within the coverage of the Government s Buy Local Policy). B USE OF PANEL FOR SUBCONSULTANT ENGAGEMENT Where the Principal separately engages a Lead Consultant for its various projects, generally an Architect, the Lead Consultant, at its discretion and subject to the Principal s approval of any appointment, may utilise the panel arrangement to engage its engineering and hydraulic services sub consultants on a basis consistent with the arrangements outlined at clause B Fee Value to Maximum $20,000 (GST exclusive), clause B Fee Values $20,001 to $100,000 (GST exclusive) and its own terms of engagement. For Lead Consultants who elect to utilise the Engineering and Hydraulic Services Panel 2007 arrangement for the selection of sub-consultants, the Principal will provide access to the Proposals of panel members, those opting for non-disclosure of their Proposal excepted. When seeking approval from the Principal for the appointment of any Sub-consultant the Lead Consultant shall demonstrate that the selection process used to select the Subconsultant has delivered a value for money outcome. B PRE-DETERMINED HOURLY RATES For Time Charge Fee Proposals, the Pre-determined Schedule of Hourly Rates will apply for both Lead Consultant and Sub-consultant engagements derived from membership of the panel. B.1.4. CONSULTANT SELECTION CRITERIA Selection of a preferred Consultant for contracts derived from membership of the panel will generally give consideration to the following: Capability and experience; Firms capacity to undertake the work and availability of key personnel; Past performance and suitability to the particular project; Value for money considerations; Locality of firm for regional projects; Aboriginal Enterprise and Employment Tendering Preference Policy, and; For BMW direct consultant engagement - Value of work received through the panel relative to size of firm. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 10

16 B.1.5. REGIONAL PROJECTS The panel will operate on a state-wide basis and include regional firms. However it will not generally be used for low risk maintenance and minor works regional projects managed through the BMW Regional Consultancy Panel. Regional consultants pre-selected for the Engineering and Hydraulic Services Panel 2007 may be given priority for suitable local projects. Refer to Clause C.1.6 Tenderer s Claim for Registration as a Regional Business. To receive consideration for a priority selection as a regional business under the selection criteria tenderers must comply with the following definition related to the Buy Local Policy: B PERMANENT OPERATIONAL OFFICE A permanent operational office may be the tenderer s bona fide principal place of business or may be a bona fide branch office of the tenderer s principal place of business. BMW may request that the tenderer demonstrate the bona fides of the establishment. In doing so it may take into consideration, but is not necessarily limited to the following: Is a permanent fixed establishment (not a post office box or temporary facility such as a site office or caravan); Has been operational in the zone, as defined by the Buy Local Policy, and active in the local building and construction industry for a period of not less than (six) 6 months; Will continue to remain operational and active in the local building and construction industry after the completion of the Contract; Has established communication facilities such as telephones, fax machines etc (not only mobile phones); Is resourced by a person(s) that reside within the region, who is a permanent employee(s) of the tenderer (not contract staff) and who has relevant building and construction qualifications and experience; Is marketed by the legal entity by way of corporate publications (letterheads), telephone directory listings, etc. B MANAGE THE CONTRACT FROM THE PERMANENT OPERATIONAL OFFICE When considering whether the Contract will be managed from the tenderer s permanent operational office that is within the prescribed distance BMW may request that the tenderer demonstrate that the permanent employee(s) located in its regional permanent operational office will be actively involved in the day to day technical performance of the works under the Contract. This does not prohibit the tenderer from carrying out some of the works under the Contract from another office or by employees from other offices. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 11

17 B.1.6. ABORIGINAL ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE POLICY One of the key objectives in the State Government s Aboriginal Economic Development Strategy is to achieve a sustained increase in the level of supply of services to government by enterprises that employ, or are owned and operated by, Aboriginal residents of Western Australia. Any increased access to service contracts by Aboriginal owned and operated enterprises or by enterprises with a strategy for employing Aboriginal people provides increased employment and economic opportunities for Aboriginal Western Australians. To address this objective BMW s Aboriginal Enterprise & Employment Tendering Preference Policy applies to this tender to the extent specified herein. Consultants pre-selected for the Engineering Services Panel 2007 that comply with the requirements of the Department s Aboriginal Enterprise & Employment Preference Policy may be given priority for suitable projects. Refer to clause C.1.7 Tenderer s Claim for Aboriginal Enterprise and Employment Tendering Preference Form. To receive consideration for a priority selection under the policy panel members must comply with the following definition related to the Aboriginal and Employment Tendering Preference Policy. B Definitions The term Aboriginal Person means a person who is of Aboriginal or Torres Strait Islander descent who identifies as such and is accepted as such by the community in which he or she lives or has lived. The term Aboriginal Enterprise means: A sole trader, where the person is an Aboriginal Person; or A partnership or firm, where not less than 50% of the partners are Aboriginal Persons; or A corporation that has its registered and head offices in Western Australia, where Aboriginal Persons own not less than 50% of the legal entity submitting the tender. The term Aboriginal Employer means any legal entity that employs an Aboriginal Person, including an apprentice or a trainee. The term Joint Venture with Aboriginal Participation means a joint venture between any Aboriginal Enterprise and non-aboriginal Enterprise where not less than 50% of the equity in the joint venture is owned by the Aboriginal Enterprise. B.1.7. CHANGES IN KEY PERSONNEL Panel Members shall notify BMW within seven (7) days if there are changes to key personnel of the Firm, including Associates and Partners, during the currency of the Panel. Note that in making submissions for this Panel, the firm undertakes to provide the staff nominated in the proposal. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 12

18 B.1.8. CONSULTANT PERFORMANCE From time to time throughout the currency of the Panel, and at the completion of the Panel period, BMW may assess the performance of the Panel Members against criteria such as customer satisfaction, product outcome, time performance, cost control and similar considerations. BMW reserves the right to remove firms from the Panel in the event of unsatisfactory performance. BMW will consider performance as unsatisfactory where a Panel Member firm accepts the offer of a contract for a specific project and does not provide the nominated staff for the project. B.1.9. CURRENCY OF PANEL The Panel will operate for a minimum period of twelve months, but BMW reserves the right to exercise up to four twelve month extension options. The Department may advertise the existence of the panel periodically to provide new firms the opportunity to pre-qualify. Subject to clause A.1.3 provisions, Firms may apply at any time to join the panel. Firms may apply to the Department at any time to seek pre-registration for additional engineering and / or hydraulic areas of practice (discipline), claim for Registration as a Regional Business, claim for Aboriginal Enterprise and Employment Tendering Preference and / or nominate additional personnel. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 13

19 B.2. GENERAL CONDITIONS OF CONTRACT Australian Standard AS General Conditions of Contract for Consultants are the General Conditions of Contract and are referred to throughout the Request as the General Conditions. For the purposes of the Request, the General Conditions are hereby amended in accordance with Schedule 1 W.A. Government Amendments to AS contained in this Request. Any reference in the General Conditions to the Client as a party to the General Conditions shall be construed to be a reference to the Principal as a party as named in this Request. B.3. SPECIAL CONDITIONS OF CONTRACT B.3.1. GENERAL Where there is any inconsistency these Special Conditions shall take precedence over the General Conditions. B.3.2. GOODS AND SERVICES TAX (GST) For the purposes of this clause: 1. GST means goods and services tax applicable to any taxable supplies as determined under the GST Act. 2. GST Act means A New Tax System (Goods and Services Tax) Act 1999 and (where the context permits) includes the Regulations and the Commissioner of Taxation s Goods and Services Tax Rulings and Determinations made thereunder and any other written law dealing with GST applying for the time being in the State of Western Australia. 3. Supply, taxable supply and tax invoice have the same meanings as in the GST Act. Where the supply of the work under the Contract or any part thereof is a taxable supply under the GST Act: 1. The Lump Sum Fee shall be inclusive of all applicable GST at the rate in force for the time being; 2. The Principal shall issue a recipient Created Tax Invoice ( RCTI ) in respect of GST payable on each instalment of the Lump Sum Fee and shall provide a copy of the RCTI to the Consultant. The RCTI shall contain all information required for a tax invoice under the GST Act and shall bear the ABN of the Consultant. 3. The Principal shall issue an adjustment to the Consultant in relation to any adjustment events as they occur. 4. The Consultant shall not issue tax invoices in respect of the work under the Contract or any part thereof. This provision applies notwithstanding any other provision of the Contract or any legislation or rule of law to the contrary but does not apply if the Consultant is not registered for GST, and is not required to be so registered, under the GST Act. The Consultant shall at all times observe, perform and comply with all applicable provisions of the GST Act relative to the supply of the work under the Contract. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 14

20 B.3.3. DESCRIPTION OF THE WORKS The works comprise that stated in the consultant brief and such other work, which may be necessary for the completion of the project as described in the project brief. B.3.4. B DISCLOSURE OF CONTRACT INFORMATION AND DOCUMENTS PUBLIC DISCLOSURE OF CONTRACT DETAILS 1. The contract Award information for all contracts above $20,000 will be publicly available and published on the Tenders WA after the contract is legally established. 2. Documents and other information relevant to the Contract may be disclosed when required by law under the Freedom of Information Act 1992, tabling of documents in Parliament or under a Court Order. B.3.5. B ACCESS BY THE AUDITOR GENERAL AUDITOR GENERAL ACT 2006 (WA) AND FINANCIAL MANAGEMENT ACT 2006 (WA) The Parties acknowledge and agree that, notwithstanding any provisions of this Contract to the contrary, the powers and responsibilities of the Auditor General for the State of Western Australia under both the Auditor General Act 2006 (WA) or the Financial Management Act 2006 (WA) are not limited or affected by the terms of the Contract. B.3.6. NATURE OF CONTRACT The Consultant shall be paid on a Lump Sum basis or Hourly Rate basis as stated in the Annexure to be included in the Invitation for Offer document. B.3.7. NOTICE OF CLAIMS The Consultant shall notify the Principal, in writing, within seven (7) days of notification of any claim or potential claim made against the Consultant, which arises wholly, or in part from provisions of this Contract. B.3.8. CONTROL OF CONSULTANT S EMPLOYEES AND SUB- CONSULTANTS The Principal may direct the consultant to have removed from the project or from any activity connected with the work under the Contract, within such time as the Principal directs, any person employed in connection with the work under the Contract who, in the opinion of the Principal, is guilty of misconduct or is incompetent or negligent. The person shall not thereafter be employed on the project or on activities connected with the work under the Contract without the prior written approval of the Principal. The Consultant shall not change any member of its project team or any of its sub consultants or allow its sub consultants to change any members of their project teams that formed part of the Consultants tender or has been subsequently approved by the Principal without prior written approval of the Principal, such approval shall not unreasonably be withheld. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 15

21 B.3.9. INSPECTIONS AND PROVISIONS OF INSURANCE POLICIES Before commencing work under the contract, the Consultant shall provide evidence, to the satisfaction and approval in writing of the Principal, of the insurances having been taken out for the purposes of clause 30 of the General Conditions. B APPROVALS The Consultant shall not initiate or proceed with any component of service as listed in the Annexure without prior written approval of the Principal. B LIMITED FUNCTION OF APPOINTED SUPERINTENDENT S REPRESENTATIVE When appointed as the Superintendent s Representative for a contract, the Consultant or its employee, as the case may be, shall obtain written approval from the Principal s Representative prior to issuing any direction, instruction or variation which has the effect or potential for increasing the Value of Work under the contract by greater than $5,000 or extending the Date for Practical Completion, resulting from an instruction from the Client Agency or any of its officers. B CONSULTANT PERFORMANCE REPORTING The Principal s Representative may, at various stages during any contract for service derived from this panel, prepare a report for the sole use of the Principal in respect to aspects of the Consultant s performance. The frequency of the reports will be agreed with the Consultant but will not be less than 6 monthly during the period of the Contract and at Practical Completion. A sample report will be made available to the Consultant upon appointment. The Consultant is to be aware that the Principal may use the outcome of these performance reports when considering future tendering and contracting opportunities of the Consultant. rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 16

22 B.4. CONSULTANT BRIEF B.4.1. PROJECT CONTROL The Consultant shall take direction from the Principal s Representative only. A Project Control Group will generally be established for projects comprising at a minimum, a representative from BMW and one from the relevant Government agency. The Consultant will be required to attend Project Control Group meetings for the purposes of review, presentation of reports, responding to any queries raised and like matters. Attend other meetings with service providers and contractors on an as required basis sufficient to ensure the Principal s interests are protected. B.4.2. SUSTAINABILITY INITIATIVES BMW will specify a rating tool and rating for relevant projects Green Building Council Green Star or National Australian Built Environment Rating System (incorporating ABGR). The Consultant is to identify the costs and benefits of the sustainable elements, including pay back periods, associated with obtaining the applicable Green Star credits and Australian Building Greenhouse Rating (ABGR) relevant to the applicable discipline. Where no rating is specified, the Consultant shall be responsible for ensuring compliance with Section J of the BCA (as amended) and with the requirements of clauses B to B below (relevant to the applicable discipline). The Consultant is to identify the costs and benefits of incorporating the various elements of this section, using the Consultant Sustainability Provisions Reporting Checklist. The appropriate level of sustainable elements to be included in the project will be agreed with the Principal s Representative. B ENERGY EFFICIENCY The State Government is committed to reducing its current energy consumption by 12% over the period 2002/03 to 2006/07. An important contribution to meeting this target is ensuring that new or renovated government buildings are energy efficient and meet mandatory Building Code of Australia (as amended) energy efficiency requirements. The Consultant shall design to maximise energy efficiency in operating costs while at the same time providing reasonable comfort for the occupants. This could include: Incorporating passive solar design principles Maximising day-lighting and passive climate modification opportunities Incorporating energy efficient designs to minimise active heating and cooling requirements Specifying energy efficient plant and equipment Specifying energy efficient lighting systems Providing efficient control and effective maintenance systems, including monitoring of energy consumption Optimising opportunities to use renewable energy sources and incorporate renewable energy technologies wherever possible rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 17

23 In the construction of new government offices, the Consultant shall comply with the Government s Office Accommodation Policies relating to energy efficiency ( A qualified minimum of 4.5 stars ABGR Base Building Rating will be required from 1July B WATER EFFICIENCY The Consultant shall design landscape and buildings to minimise the use of water. This could include: Ensuring the incorporation of water efficient appliances and fixtures; Providing effective monitoring and maintenance systems; Installing reuse systems for grey water; Installing rain water and storm water collection tanks; Designing to manage stormwater runoff on site to recharge aquifers. Check with the Principal s Representative to verify any specific water recycling and source requirements. B WASTE MINIMISATION The Consultant is required to recommend strategies that minimise the generation of waste going to landfill and maximise reuse and recycling opportunities. Such strategies could include: Designing buildings and associated services to maximise the opportunities to recycle materials in future Considering opportunities to recycle materials such as green waste and landfill on site within the works Designing buildings and associated services to maximise longevity through the creation of flexible and readily adaptable designs. B MATERIALS The Consultant is required to consider strategies that incorporate ecologically sustainable materials and construction practices. These could include: Designing for resource conservation (using the minimum amount of material required for the function) Maximising the use of recycled content material (the material must achieve the required technical performance) Using materials, as much as possible, that can be sourced from suppliers close to the site (locally sourced products reduce transport costs and fuel consumption and support the local community) Minimising life cycle costs through using durable materials and equipment requiring minimal maintenance. Minimising or avoiding the use of materials made from toxic or hazardous substances or which may result in off-gassing of emissions Minimising the use of building materials with high embodied energy and no compensatory benefits Minimising the use of building materials that have damaging ecological effects during harvesting, manufacturing and/or construction rfp_eng_&_hyd_serv_panel_2007_30 May 2013.doc RFT Page 18