Professional Documents
Culture Documents
October 2017
FLINDERS COUNCIL
CONDITIONS OF TENDER
Contents
1. BACKGROUND ............................................................................................................... 4
1.1. Flinders Council ........................................................................................................ 4
1.2. Flinders Council Policy ............................................................................................ 4
1.3. The Service ............................................................................................................... 4
2. GENERAL TENDER INFORMATION .......................................................................... 4
2.1. RFT Timing ................................................................................................................ 5
2.2. Qualified Bidders ...................................................................................................... 5
2.3. Tender Instructions................................................................................................... 5
2.4. Validity Period ........................................................................................................... 6
3. CONDITIONS OF TENDER .......................................................................................... 6
3.1. Background ............................................................................................................... 6
3.2. Scope ......................................................................................................................... 6
4.3 Briefing Session ........................................................................................................ 6
4.4 Extent of Contract ..................................................................................................... 6
4.5. Tender Documents ................................................................................................... 6
4.6. Tender documents to be lodged ............................................................................ 7
4.7. Tender Form .............................................................................................................. 7
4.8. Tenderer’s Waste Management Operations Management Plan (WMOMP)... 7
4.9. Tenderer’s Recyclables Operations Management Plan (ROMP) ..................... 8
4.10. Tenderer’s Household Waste Collection Service Management Plan .............. 8
4.11. Tenderer’s Profile ..................................................................................................... 8
4.12. Work Place Health & Safety ................................................................................... 8
4.13. Quality Management ................................................................................................ 9
4.14. Conditions of Contract ............................................................................................. 9
4.15. Tender Price .............................................................................................................. 9
4.16. Tendered Price Exclusions ..................................................................................... 9
4.17. Acceptance of Tenders ............................................................................................ 9
4.18. No obligation to enter into any binding contract ................................................ 10
4.19. Alternative Tenders ................................................................................................ 10
4.20. Right to Negotiate ................................................................................................... 10
4.21. Commercial Negotiations ...................................................................................... 10
4.22. Tenderer’s Conduct ................................................................................................ 10
4.23. Validity Period ......................................................................................................... 10
4.24. Evaluation Criteria .................................................................................................. 11
4.25. Tender Clarification ................................................................................................ 12
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CONDITIONS OF TENDER
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CONDITIONS OF TENDER
1. BACKGROUND
Flinders Council includes the communities within the Furneaux Group and the islands of
eastern Bass Strait up to the Victorian border, including the Hogan Group and the Deal
Island Group.
In performing its administrative functions and in line with its development policy, Flinders
Council has identified the need to undertake the services described in this Conditions of
Tender document.
This tender is called in accordance with the provisions of the Local Government Act 1993 and
Flinders Council’s Code for Tenders and Contracts - https://www.flinders.tas.gov.au to select
appropriate service providers to deliver the services.
A formal contract will be executed with the successful tenderer.
All inquiries and correspondence in relation to this RFT should be directed to:
Jacci Viney
Development Services Coordinator & Environmental Health Officer
Flinders Council
4 Davies Street
WHITEMARK TAS 7255
Ph. (03) 6359 5005
Email: jacci.viney@flinders.tas.gov.au
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CONDITIONS OF TENDER
Stage Timing
Issue of RFT 27/10/2017
Tender Due Date 08/12/2017
Tender Evaluation Period 8 Weeks (inc Christmas break)
1. Comply with all of the requirements set out in this RFT (including the RFT terms and
conditions set out at Appendix 1) or clearly indicate where the tender deviates, and
Jacci Viney
Development Services Coordinator & Environmental Health Officer
Flinders Council
4 Davies Street, Whitemark TAS 7255
Ph. (03) 6359 5005
Email: jacci.viney@flinders.tas.gov.au
The Tenderers bid must be emailed and received no later than 5.00pm AEST on Friday 8th
December 2017.
Notice of intent to respond to this RFT should be confirmed to Jacci Viney via email by 5.00
pm AEST on 17/11/ 2017. The response should include the names and contact information
for the key individual representing the Tenderer in this process.
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3. CONDITIONS OF TENDER
3.1. Background
A key part of the decision making will be Flinders Council’s understanding of Contractor ‘in-
house’ capability for the particular work, and Contractor’s capacity and ability to deliver the
Services cost effectively.
3.2. Scope
This Tender is for the supply and delivery of the services as detailed in the Flinders Council
Scope and Specifications document RFT Flinders Council Waste Management Scope and
Specification Rev0 26-10-2017.
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CONDITIONS OF TENDER
Supplied
Table of Requirements
Y/N
Tender Form completed
Insurance Certificates of Currency
Waste Management Operations Management Plan (WMOMP) (Draft
with Tender)
Recyclables Operations Management Plan (ROMP) (Draft with Tender)
Household Waste Collection Service management Plan
Tenderer’s Business Profile
Details of Key Personnel Delivering the Services
Fixed Price (Monthly Fee) for the supply of Waste management Services
Fixed Price (Monthly Fee) for the supply of Recyclables management
Services
Fixed Price (Monthly Fee) for the supply of Household Waste Collection
Services
Schedule of Rates for Resources Plant and Equipment
Work Health and Safety Questionnaire
Work Health and Safety Documentation
Details of Quality Assurance System
Warranties and Guarantees
List of Suppliers and Subcontractors
Two current Referees for relevant reference services
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CONDITIONS OF TENDER
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CONDITIONS OF TENDER
The Contractor and all accepted sub-contractors are required to plan, establish and
maintain a quality system for the operation and its component parts.
The contractor will also provide Flinders Council with a schedule of rates which will include
but not be limited to:
Cost per hour for individual resource(s) including supervision, operation etc,
Cost per hour for all individual plant and equipment items relevant to the services
or ancillary activities,
Cost of replacement bins per unit,
Cost of materials by volume, weight, length or number, and
Penalty rates for ‘after hours’ or emergency services.
4.16. Tendered Price Departures, Qualifications, Assumptions
Tenderers must clearly state if there are any waivers, exclusions, departures, qualifications,
assumptions or price exclusions in the tender and tendered price. The tenderers will provide
supporting information as to the reason for the stated price exclusions.
4.17. Acceptance of Tenders
Late Tenders will not be accepted, and
The Council will not be bound to accept the lowest or any tender.
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CONDITIONS OF TENDER
In the first instance, complainants are encouraged to seek resolution by contacting the
Council representative who is managing the Tender. If relevant, complainants are
encouraged to seek a debriefing, if they have not already done so.
If a complainant is not able to satisfactorily resolve the complaint with the Manager of the
Tender process, the complainant may write to the General Manager outlining the nature of
the complaint, providing copies of all correspondence, documents and other relevant
material.
The General Manager will take whatever action is considered necessary to resolve the
complaint, alternatively put in place a process for the resolution of the complaint, or may
refer the matter to a statutory review process where appropriate.
5. GENERAL REQUIREMENTS
5.1. Contract
The contract is an exclusive contract for the supply of labour, goods and services in
accordance with this document, a Formal Instrument and Contract and RFT Flinders Council
Waste Management Scope and Specification Rev0 26-10-2017.
5.4. Legislation
The Contractor shall comply with any Federal (Commonwealth) and Tasmanian State Acts,
Regulations, local laws and by-laws, Codes of Practice, Australian Standards and any Flinders
Council specific policies and procedures which are in any way applicable to the execution of
the services or performance of any services specified within this tender documentation.
5.5. Workplace Health and Safety & Risk Management
All services will comply with all Environmental, WH&S and other relevant statutory
requirements.
5.6. Tasmanian Building and Construction Industry Training Board
(TBCITB)
The Tenderers will be responsible to ensure that the requirements of the Tasmanian
Building and Construction Industry Training Board (TBCITB) are adhered to, including
payment of any applicable fees.
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CONDITIONS OF TENDER
If the Contract does not make provision for the amount of security, retention moneys or
liquidated damages applicable to a Separable Portion, the respective amounts applicable
will be such proportion of the security, retention moneys or liquidated damages applicable
to the whole of the work under the Contract as the value of the Separable Portion bears to
the value of the whole of the work under the Contract.
5.2. Performance review
Throughout the term of the agreement, Flinders Council will review the performance of the
Contractor. This review will assist the Council in determining the ability and capability of the
Contractor to undertake future services for the Council.
In the event there is any conflict between the Conditions of Contract, the Specification and
any other documents forming part of the Contract then the order of precedence will be:
b) The provisions of the Contract Conditions will take precedence over the Scope and
Specification and other documents (other than the Agreement) in the case of any
conflict between the Scope and Specification and other documents (other than the
Agreement and the Contract Conditions), the Council will give a decision.
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Yes No N/A
6.1 Does the tenderer have a system for recording and analysing WHS
☐ ☐ ☐
performance statistics?
6.2 Are workers regularly provided with information on the tenderer’s health
☐ ☐ ☐
and safety performance?
6.3 Has the tenderer been convicted of any WHS offence in the last five
☐ ☐ ☐
years? If yes, provide details
6.5. Non Compliance
If during the performance of services under this Agreement the Council informs the
Contractor that it is the opinion of Council that the Contractor is:
a) not conducting the Services in compliance with the Contractor’s Workplace Health
and Safety Plan, health and safety management procedures, relevant legislation
or health and safety procedures, or
b) conducting the Services in such a way that exposure to any risks to the health and
safety of Contractor’s employees or Council’s or its Contractors’ and Sub-
Contractors’ employees, plant, equipment or materials have not been eliminated
or minimised as far as is reasonably practicable, the Contractor must promptly
remedy that breach of Workplace Health and Safety.
Council may direct the Contractor to suspend the Services until such time as the Contractor
satisfies Council that the Services will be resumed in conformity with applicable health and
safety provisions.
During periods of suspension referred to above, Council will not be required to make any
payment nor time variations whatsoever to the Contractor.
If the Contractor fails to rectify any breach of health and safety for which the Services has
been suspended, or if the Contractors performance has involved recurring breaches of health
and safety, the Council may at its option terminate the Services, without further obligation to
the Contractor.
In this event, Council’s liability will be limited to payment for the Services performed and costs
incurred by the Contractor up to the time of termination or suspension of Services.
If the Council takes work out of the hands of the Contractor the Council will complete that
work and the Council may without payment of compensation take possession of such of the
Constructional Plant and other things on or in the vicinity of the site as are owned by the
Contractor and are reasonably required by the Council to facilitate completion of the work.
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