REQUEST FOR TENDERS
COMMONWEALTH OF AUSTRALIA
as represented by
GREAT BARRIER REEF MARINE PARK AUTHORITY (ABN 12 949 356885)
REEFHQ GANTRY CRANE STEEL STRUCTURES REPAIR
31st August 2007
1. Invitation 1
2. AusTender - Australian Government Tendering System 1
3. Information and Communication Technology Multi Use List (ICT MUL) 1
4. Services Agreement 2
5. Tenders 2
6. Evaluation Criteria Response Schedules 3
7. Consortium tender 4
8. Tender Lodgement 4
9. Non Compliant Lodgement 5
10. Point of Contact 5
11. Unintentional Errors of Form 5
12. Minimum Content and Format Requirements 5
13. Conditions of Participation 6
14. Incomplete Tenders 6
15. Evaluation Process 6
16. Evaluation 6
17. RFT and Representations 7
18. Tender Documents 7
19. Statements 8
20. Security, Probity and Financial Checks 9
21. Tender Validity Period 9
22. Conflict of Interest 9
23. Tenderer Conduct 9
24. Future Matters 10
25. Return of Information 10
26. No Contract or Undertaking 10
27. Responsibility for Tenderer Costs 10
28. GBRMPA's Rights 11
29. Debriefing of Tenderers 12
30. Applicable Law 12
31. Occupational Health and Safety 12
32. Non-Disclosure 12
ATTACHMENT A - STATEMENT OF REQUIREMENTS 14
ATTACHMENT B - DECLARATION BY TENDERER 16
ATTACHMENT C - TENDERER DETAILS 20
ATTACHMENT D - PRICING SCHEDULE 21
ATTACHMENT E - STATEMENT OF COMPLIANCE 22
ATTACHMENT F - DRAFT SERVICES AGREEMENT 23
ATTACHMENT G - EVALUATION CRITERIA RESPONSE SCHEDULES 24
SCHEDULE 1 - PROPOSED SERVICE DELIVERY SOLUTION 25
TENDER DOC TEMPLATE MAR07 Page i
SCHEDULE 2 - TECHNICAL AND MANAGEMENT CAPABILITY 26
SCHEDULE 3 - EXPERIENCE AND DEMONSTRATED EXPERTISE 27
SCHEDULE 4 - CLIENT FOCUS 28
TENDER DOC TEMPLATE MAR07 Page ii
1.1. The Great Barrier Reef Marine Park Authority (GBRMPA) invites interested
parties (tenderers) to submit tenders to provide the services (Services) set out in
the Statement of Requirements in Attachment A of this request for tenders (RFT)
subject to the terms and conditions set out, or referred to, in this RFT. Successful
submissions provided in response to this tender will be used by the GBRMPA to
establish a multi-use list for the future procurement of services.
1.2. ReefHQ requires repairs the steel and adjacent structures of it’s Gantry Crane. More
detail is set out in the Statement of Requirements.
1.3. The GBRMPA will exclude a tender from further consideration if the GBRMPA
considers that the tender does not comply with an essential requirement identified
as such in the Statement of Requirement.
2. AusTender - Australian Government Tendering System
2.1. AusTender is the Commonwealth's business opportunities website, located at
www.tenders.gov.au. AusTender allows tenderers to identify Commonwealth
business opportunities and receive email notification if an addendum to the RFT is
issued. A tenderer must first register with AusTender to do this (there is no fee).
2.2. Only tenderers who have registered via the AusTender website will be directly
advised of any alteration, correction or notice in relation to this RFT. However, all
alterations, corrections and notices will be available on AusTender and from the
Contact Officer described in clause 10.1.
2.3. The Commonwealth accepts no responsibility if a tenderer fails to become aware
of any alteration, correction or notice, which would have been apparent from a
visit to the AusTender website or from other information available from the
2.4. Tenderers should direct all communications relating to this RFT to the Contact
3. Information and Communication Technology Multi Use List (ICT MUL)
3.1. For purchases by the GBRMPA of Information Technology and related services or
Major Office Machines, it is mandatory that tenderers are registered as an ICT
Supplier, or an authorised distributor of an ICT Supplier, on or before the tender
closing time in paragraph 8.1. Although not mandatory, it is preferable that
suppliers of Commercial Office Furniture and Auctioneering Services be endorsed
as well. The status of “ICT Supplier” and “authorised distributor” will be
determined by reference to the Information and Communication Technology Multi
Use List (ICT MUL) published by the Department of Finance and Administration
(Finance) on the Finance website. Tenderers must provide their ICT number and
date of endorsement.
3.2. ICT suppliers of Information Technology and related services or Major Office
Machines are responsible for ensuring that any subcontractors engaged also
comply with the mandatory requirements of the ICT.
Tender Template Mar07 Page 1
3.3. Information on the ICT MUL is available on the Finance website at
3.4. Tenderers should indicate what financial and/or performance and/or parental
guarantees have been lodged as part of their ICT MUL Arrangement.
4. Services Agreement
The GBRMPA proposes to enter into an agreement substantially in the form of the
Draft Services Agreement with the successful tenderer. The Draft Services
Agreement is set out in Attachment F.
Tenderers must make the representations, acknowledgements and offer
substantially in the form set out in the Declaration in Attachment B.
5.2. Corporate details
Tenderers should provide their details by completing Attachment C. Where a
tender is lodged by a consortium, a separate Attachment C should be lodged by
the tenderer and by each consortium member.
Tenderers should provide full details of their proposed price structure in
5.4. Statement of Compliance
Tenderers should complete the Statement of Compliance in Attachment E.
Tenderers should use the responses defined below:
– Complies. In the case of a paragraph or clause that is of an informative
nature only, or is a provision of the Draft Services Agreement, compliance
means that the paragraph or clause has been read, understood and
accepted. In the case of a paragraph or clause that imposes a condition or
obligation, compliance means that the tenderer has submitted its tender in
full compliance with that condition or obligation. In the case of a
paragraph or clause that specifies a future condition or obligation,
compliance means that the tenderer will comply in full and on time with
that condition or obligation.
– Does Not Comply. In the case of a paragraph or clause that is of an
informative nature only, or is a provision of the Draft Services
Agreement, non compliance means that the paragraph or clause has been
read, understood and not accepted. In the case of a paragraph or clause
that imposes a condition or obligation, non compliance indicates that the
tenderer has not complied with that condition or obligation. In the case of
a paragraph or clause that specifies a future condition or obligation, non
Tender Template Mar07 Page 2
compliance means that the tenderer will not comply with that condition
– Partially Complies. In the case of a paragraph or clause that is of an
informative nature only, or is a provision of the Draft Services
Agreement, partial compliance means that the paragraph or clause has
been read and understood but only partially accepted. In the case of a
paragraph or clause that imposes a condition or obligation, partial
compliance indicates that the tenderer has submitted its tender in partial
compliance with that condition or obligation. In the case of a paragraph
or clause that specifies a future condition or obligation, partial compliance
means that the tenderer will comply partially with that condition or
– Not Applicable. This means that the paragraph or clause does not apply
to the tenderer.
Where a tenderer indicates that it is partially compliant to a paragraph or clause,
the extent of the non compliance should be fully detailed. In addition, a full
explanation of the reasons for all non compliance, partial compliance and non
applicability should be provided.
Where a tenderer indicates that the paragraph or clause is not applicable to the
tenderer, the tenderer should explain the reasons why it is not applicable. A
statement that an issue “needs to be negotiated” or other statement that does not
fully state the specific requirement or position of the tenderer will be treated by the
GBRMPA as meaning “Does Not Comply”.
If a tenderer does not include a statement of non compliance, partial compliance or
non applicability relating to any matter, the GBRMPA will assume that the
tenderer “complies” with that matter.
Tenders should be clear and precise and should reference, where appropriate, the
paragraph numbers in this RFT and the clause numbers in the Draft Services
Agreement to which each item relates.
6. Evaluation Criteria Response Schedules
Tenderers should provide their responses to each of the evaluation criteria set out
in paragraphs 16.2 a to d by completing the Evaluation Criteria Response
Schedules set out in Attachment G.
6.1. Language and Units
The tender, including all attachments and supporting material, must be written in
English. Measurement must be expressed in Australian legal units of measure and
prices must be expressed in Australian dollars.
Tender Template Mar07 Page 3
7. Consortium tender
A tender submitted by a consortium may be rejected by the GBRMPA if the
a. does not propose to contract with the GBRMPA as one separate legal entity
b. has not completed a separate Attachment C in respect of each member of the
c. has not specified one single point of contact for its consortium.
8. Tender Lodgement
8.1. Tenders must be lodged no later than 4pm Queensland time on 14th September
8.2. Tenders should be enclosed in a plain envelope endorsed with “Required Identifier”
- and delivered to:
Great Barrier Reef Marine Park Authority
PO Box 1379
Townsville QLD 4810
If desired for hand lodgements to:
Great Barrier Reef Marine Park Authority
2-68 Flinders Street East
Townsville, QLD 4814
8.3. Tenders submitted via email or facsimile will not be accepted.
8.4. The closing date and/or time may be extended by the GBRMPA.
8.5. An original copy of each tender should be submitted. The original should be
marked “Original”. If no copy is marked “Original” the GBRMPA may choose a
copy and mark it as the “Original”.
8.6. Tenderers should make an appointment to inspect the site and structures requiring
repair. Appointments can be made by contacting Sascha Thyer (07) 47500885
before the 14th September or emailing email@example.com. Please note that
inspections will only be permitted by appointment.
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9. Non Compliant Lodgement
Tenders lodged other than in compliance with this RFT will be deemed to be late
The GBRMPA will accept a tender that was received late solely due to
mishandling by the GBRMPA.
10. Point of Contact
10.1. The contact officer named below (Contact Officer) is the only point of contact for
all matters pertaining to this RFT and the tender evaluation. The Contact Officer
2-68 Flinders Street, Townsville, QLD 4810
10.2. The GBRMPA may send responses either to the tenderer who lodged any enquiry
or to all tenderers on a non attributable basis.
10.3. Any notice given by a tenderer to the GBRMPA will be effective upon receipt only
if in writing and delivered to the Contact Officer at the address specified in
10.4. The GBRMPA may deliver any written notification to a tenderer by leaving it or
causing it to be left at the address of that tenderer, or by sending it to the email
address of that tenderer as specified in their tender or as otherwise subsequently
nominated in writing by the tenderer to the Contact Officer.
11. Unintentional Errors of Form
If the Commonwealth considers that there are unintentional errors of form in a
tender, the Commonwealth may request the tenderer to correct or clarify the error,
but will not permit any material alteration or addition to that tender.
12. Minimum Content and Format Requirements
Subject to paragraph 11, the GBRMPA will exclude a tender from further
consideration if the GBRMPA considers that the tender does not comply with the
a. paragraph 5.1
b. paragraph 6.1 and
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13. Conditions of Participation
The GBRMPA will exclude a tender from further consideration if the GBRMPA
considers that the tenderer does not comply with the following conditions:
a. paragraph 3.1 [if used]
b. paragraph 8.1 (subject to paragraph 9)
c. paragraphs 21 to 23 and
14. Incomplete Tenders
Tenders which are incomplete or clearly non competitive may be excluded from
consideration at any time during the evaluation process at the GBRMPA’s
discretion, but the GBRMPA may still consider such tenders and seek clarification
under paragraph 27.
15. Evaluation Process
15.1. Tenders which have not been excluded from consideration by the GBRMPA will
be evaluated by the GBRMPA to identify the option that represents best value for
money in accordance with the process and criteria described in paragraph 16.
Value for money is a comprehensive assessment that takes into account both cost
represented by the assessment of price and value represented by technical
assessment in the context of the risk profile presented by each tender.
15.2. The GBRMPA may make independent enquiries about any of the matters that may
be relevant to the evaluation of any tender.
16.1. Value for Money
Tenders will be assessed on the basis of value for money consistent with
Commonwealth purchasing policies. Best value for money is the core principle
governing Commonwealth procurement and is enhanced by three supporting
a. encouraging competition
b. efficient, effective and ethical use of resources and
c. accountability and transparency.
Value for money will be determined through application of the following
a. proposed service delivery solution
b. technical and management capability
c. experience and demonstrated expertise
Tender Template Mar07 Page 6
d. client focus
e. price and
f. statement of compliance.
The criteria are not necessarily listed in any order of importance and may or may
not be weighted. In addition, the GBRMPA may use material tendered in response
to one evaluation criterion in the evaluation of other criteria.
If additional criteria are intended to be applied for the purposes of evaluation, the
GBRMPA will notify tenderers who will be given an opportunity to respond.
16.3. Step 1 –Compliance
An assessment will be undertaken of tenderers’ compliance with this RFT and
with the Draft Services Agreement.
16.4. Step 2 –Technical Worth
An assessment will be undertaken of the technical worth of tenders on the basis of
the criteria set out in paragraphs 16.2 a to d above.
16.5. Step 3 – Price
An assessment of price will be undertaken.
16.6. Step 4 –Value for Money
The GBRMPA will determine best value for money by a consideration of the
technical worth assessment, the price and the GBRMPA's assessment of
contractual compliance and compliance generally with this RFT and of any risks
identified in the evaluation process.
17. RFT and Representations
17.1. This RFT is and will remain the property of the GBRMPA. This RFT may only be
used for the purpose of preparing a tender and any subsequent agreement in
respect of the Services.
17.2. No representation made by or on behalf of the GBRMPA or the Commonwealth in
relation to the RFT will be binding on the GBRMPA or the Commonwealth unless
that representation is in writing and is incorporated into formal agreement with
17.3. Tenderers will have no claim against the Commonwealth, or any officer, employee
or adviser of the Commonwealth with respect to the exercise of, or failure to
exercise, any right under this RFT.
18. Tender Documents
18.1. All tender documents (including paper and electronic copies) will become the
property of the GBRMPA on submission.
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18.2. Without prejudice to any other right of the GBRMPA under this RFT or at law, the
GBRMPA may disclose or allow the disclosure of any information contained in or
relating to any tender (at any time) for any of the following purposes:
a. evaluating or clarifying the tender
b. evaluating any subsequent offer
c. negotiating an agreement
d. managing an agreement following its execution
e. referring any material suggesting collusion by tenderers to the Australian
Competition and Consumer Commission ("ACCC") and the use by the ACCC
of that material to conduct any review it deems necessary or
f. anything else related to the above purposes, including responding to any
challenge to the RFT process or audit.
18.3. As a Commonwealth agency, the GBRMPA is subject to the legislative and
administrative accountability and transparency requirements of the
Commonwealth, including disclosures to the Parliament and its Committees. The
GBRMPA may disclose or allow at any time the disclosure of any information
contained in or relating to any tender:
a. to its advisers or employees solely in order to evaluate or otherwise assess the
b. to its internal management personnel for purposes related to the RFT Process
c. to the responsible Minister
d. in response to a request by a House or a Committee of the Parliament of the
Commonwealth of Australia
e. within the GBRMPA, or with another agency, where this serves the
Commonwealth’s legitimate interests
f. where the information is authorised or required by law to be disclosed or
g. where the information is in the public domain otherwise than by the
18.4. Notwithstanding this paragraph 18, ownership of the intellectual property in each
tender will remain unchanged.
18.5. Subject to paragraphs 18.2 and 18.3, all documents provided by each tenderer will
be held in confidence so far as circumstances permit.
A tender submitted by a consortium may be rejected by the GBRMPA if the
tenderer makes any public statement in relation to this RFT, the Services or any
other matter referred to in this RFT without the prior written permission of the
Tender Template Mar07 Page 8
20. Security, Probity and Financial Checks
The GBRMPA may perform security, probity and financial investigations and
procedures in relation to any tenderer, its employees, officers, partners, associates,
subcontractors or related entities including consortium members and their officers,
employees and subcontractors. A tender submitted by a consortium may be
rejected by the GBRMPA if the tenderer does not provide, at its cost, all reasonable
assistance to the GBRMPA in this regard.
21. Tender Validity Period
Tenderers must hold their tenders open for acceptance by the GBRMPA for a
period of at least 6 months after the closing date.
22. Conflict of Interest
22.1. Where a tenderer identifies that a conflict of interest exists or might arise in the
provision of the Services, the tenderer must identify that actual or potential
conflict of interest in its Declaration. A conflict of interest may exist, for example,
if the tenderer or any of its personnel have a relationship (whether professional,
commercial or personal) with a party who is able to influence the RFT process
(such as GBRMPA personnel).
22.2. If at any time prior to entering into a formal agreement with the GBRMPA, an
actual or potential conflict of interest arises or may arise for any tenderer, that
tenderer must notify the GBRMPA in writing.
23. Tenderer Conduct
23.1. False and Misleading Claims
The attention of tenderers is drawn to Division 137 of the Criminal Code and
tenderers are advised that giving false or misleading information is an offence.
Tenderers must not make false or misleading statements in their tenders.
23.2. Collusive bidding
Tenderers, consortium members and their respective officers, employees, agents
and advisers must not engage in any collusive bidding (other than bidding by
consortia to the extent permitted by this RFT), anti competitive conduct or any
other similar unlawful conduct with any other tenderer or any other person in
relation to the preparation or lodgement of their tender.
The GBRMPA may also involve the ACCC to provide assistance to the GBRMPA
in relation to any competition issues concerning a tenderer or related to a tender.
23.3. Unlawful Inducements
Tenderers and their officers, employees, agents or advisers must not have violated
and must not violate any applicable laws or Commonwealth policies regarding the
offering of inducements in connection with the preparation of their tender.
Tender Template Mar07 Page 9
23.4. Improper Assistance
Tenderers must not use the improper assistance of any Commonwealth employee
or use information obtained unlawfully or in breach of an obligation of
confidentiality to the Commonwealth in preparing their tenders.
24. Future Matters
The requirements and obligations, detailed in this RFT are based on projected
future requirements that may vary significantly from current and historical
requirements and all information provided to tenderers (whether incorporated
into this RFT or otherwise) is based on historical information. It is usual that
future events may differ significantly from historical results and the differences
may be material. Tenderers should make their own independent assessments of
actual workload requirements under any resultant agreement and any price will
be deemed to have been based upon the tenderer's own independent assessment.
25. Return of Information
The GBRMPA may require that, at any stage, all written or electronically stored
information (whether confidential or otherwise and without regard to the type of
media on which such information was provided to any tenderer) provided to
tenderers (and all copies of such information made by tenderers) be:
a. returned to the GBRMPA - in which case the tenderer must promptly return
all such information to the address identified by the GBRMPA or
b. destroyed by the tenderer - in which case the tenderer must promptly
destroy all such information and provide the GBRMPA with written
certification that the information has been destroyed.
26. No Contract or Undertaking
Nothing in this RFT will be construed to create any binding contract (express or
implied) between the GBRMPA and any tenderer until a formal written
agreement, if any, is entered into by the parties. Any conduct or statement
whether prior to or subsequent to the issue of this RFT is not, and this RFT is not,
and will not be deemed to be:
a. an offer to contract or
b. a binding undertaking of any kind by the GBRMPA (including, without
limitation, an undertaking that could give rise to any promissory estoppel,
quantum meruit or on any other contractual, quasi contractual or
restitutionary grounds or any rights with a similar legal or equitable basis
27. Responsibility for Tenderer Costs
27.1. Participation in any stage of this RFT process, or in relation to any matter
concerning this RFT will be at each tenderer's sole risk, cost and expense. The
GBRMPA will not be responsible in any circumstance for any costs or expenses
incurred by any tenderer in preparing or lodging a tender or in taking part in the
RFT process or taking any action related to the RFT process.
Tender Template Mar07 Page 10
27.2. Neither the GBRMPA nor its officers, employees or advisers will be liable to any
tenderer on the basis of any promissory estoppel, quantum meruit or on any other
contractual, quasi contractual or restitutionary grounds or any rights with a
similar legal or equitable basis whatsoever or in negligence as a consequence of
any matter or thing relating or incidental to a tenderer's participation in this RFT
process, including instances where:
a. a tenderer is not engaged to undertake the provision of the Services
b. the GBRMPA decides not to outsource all or any of the Services
c. the GBRMPA exercises or fails to exercise any of its other rights under or in
relation to this RFT or
d. the GBRMPA makes information available or provides information to a
tenderer relating to its assets, procedures, plans, tenders, existing
arrangements for provision of the Services or any possible future
28. GBRMPA's Rights
28.1. Neither the lowest priced tender, nor any tender, will necessarily be accepted by
the GBRMPA. Acceptance of any tender will be subject to the execution of a
28.2. Without limiting its rights at law or otherwise, the GBRMPA may:
a. amend this RFT
b. require additional information or clarification from any tenderer or any one
else or provide additional information or clarification to any tenderer
c. negotiate with any one or more tenderers including terminating any
negotiations being conducted from time to time
d. seek amended tenders or call for new tenders
e. add to, alter, delete or exclude any services to be acquired by the GBRMPA
f. publish or disclose the names of successful tenderers or those who are
shortlisted as a result of the evaluation of responses to the RFT
g. if the GBRMPA considers that no tender offers value for money in
accordance with the RFT, or it is otherwise in the public interest to do so,
terminate the RFT process and:
A. negotiate with one or more non tenderers or
B. enter into a contract or other binding relationship outside the RFT process
h. allow or not allow a related body corporate within the meaning of the
Corporations Act 2001 (Cth) to take over a tender in substitution for the
28.3. The establishment of a time or date in this RFT does not create an obligation on the
part of the GBRMPA to take any action or create any right in any tenderer that any
action be taken on the date established.
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29. Debriefing of Tenderers
29.1. Tenderers may request an oral debriefing following the conclusion of the RFT
process. Tenderers requiring a debriefing should contact the Contact Officer.
29.2. Tenderers will be debriefed against any evaluation criteria contained in this RFT.
In accordance with Commonwealth policy, a tenderer will not be provided with
information concerning other tenders, except for publicly available information
and except in so far as comparative statements can be made without breaching
30. Applicable Law
The law applying in the State or Territory applies to this RFT and to the RFT
31. Occupational Health and Safety
31.1. Tenderers must comply with all Occupational Health and Safety standards in the
supply, installation and maintenance of goods or services as prescribed under the
under the Occupational Health and Safety (Commonwealth Employment) Act,
31.2. Tenderers must provide evidence of an Occupational Health and Safety
Management system including a risk assessment, manuals, procedures, work
methods, training /competency records.
31.3. The successful tenderer will be required to maintain an onsite register of compliant
Material Safety Data Sheets (MSDS) for all chemical products in use. MSDS will be
supplied to the GBRMPA Office Services Coordinator on an annual basis.
Moreover, these chemical products are to have labelling that is in accordance with
Commonwealth hazardous substances and dangerous goods regulations. The
GBRMPA strongly recommends that any agents selected by the Contractor are
classifiable as non-hazardous or in any case present a minimum hazard to human
health and the environment.
32.1. The successful tenderer will not be permitted without prior written approval of the
a. Disclose other than to the GBRMPA any information
A. acquired in connection to a contract; or
B. gained generally through working on the GBRMPA premises; or
C. gained through using or accessing the GBRMPA’s computer network
including it’s E-Mail facilities.
b. Release other than to the GBRMPA any material created in connection with
32.2. The GBRMPA will require that tenderer arrange for its employees, agents or
Subcontractors engaged in the performance of the contract to execute an Employee
Tender Template Mar07 Page 12
Undertaking or Deed of Confidentially in a form acceptable to the Commonwealth
relating to the non-disclosure of the GBRMPA, confidential information and the
Contractor shall arrange for all such deeds to be executed promptly.
The provisions of this Clause will continue to apply after expiration or termination
of this Agreement.
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ATTACHMENT A - STATEMENT OF REQUIREMENTS
ReefHQ requires repairs to be undertaken on it’s 4.9tonne gantry crane steel support
structures. The gantry consists of steel SHS columns and braces, supporting steel beams
and crane rails. The columns typically penetrate the first floor slab and are fixed to the
building via structural steel anchorage plates. There are 22 columns with 6 requiring
repair, repairs to rust spots, concrete casement cracking, repairs to plates and struts.
Rectification of noticeable sag and deflection of gantry.
• Repairs to columns where significant corrosion is present. This would involve partial
demolition of an adjacent blockwork wall and concrete stair.
• Repairs where there is minor surface corrosion at the interface of a column and a
concrete stair and between a column and slab.
• Repairs to corrosion on anchor plates and bolts on two columns and diagonal struts.
• Repairs to minor rust spots on columns and beams
• Rectification of sag at crane stop and deflection at cantilevered end in crane loading
Services to be performed/ Products to be supplied
The scope of work and repair specifications have been specified by Maunsell
Australia Pty Ltd, following a structural assessment of the crane and structures.
Excerpts from this document including repair specifications are supplied upon
request. Works must be conducted in consultation with Maunsell Australia Pty Ltd.
(via the ReefHQ Project Manager) and periodic inspections will be undertaken by
Maunsell to ensure quality of work.
1.1 Column S10: Significant corrosion at lower end of column, anchor plate and
bolts. In poor condition.
1.2 Column S11: Minor surface corrosion at interface of column and stair
1.3 Column N11: Corroded lower end of column. Significant corrosion on anchor
plate and bolts. Should be repaired.
1.4 Several rusted areas and numbers of minor rusted spots found on columns and
1.5 Typical minor surface corrosion.
1.6 Surface corrosion to crane rail. Does not require repair at this stage.
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1.7 Minor cracking to a number of concrete encasements. Whilst not a structural
issue these should continue to be monitored to ensure water does not penetrate
the slab and corrode the main gantry columns.
1.8 Noticeable sag at the crane stop
1.9 Noticeable deflection at cantilevered end in crane loading status.
1.10 N1 Column penetration: Surface corrosion on anchor plate and surrounding area
inside the building.
1.11 N2 Column penetration: Corrosion to anchor plate and column penetration.
1.12 Several corroded and wet or salt covered areas found in a number of column
penetrations, mainly in the leaking areas.
1.13 Rusted base plates to diagonal struts.
1.14 At Column S1: Minor surface corrosion at interface of column and slab.
Works required as soon as possible and duration of the project to be negotiated with
ReefHQ is a public visitor facility and hence some works that would disrupt
visitors may have to be conducted outside of visitor hours.
ReefHQ conducts SCUBA diving and visitor dive shows during visitor hours and
hence SCUBA diving OH&S must be taken into consideration during the project.
ReefHQ consists of Living Marine Systems containing plants and animals that are
sensitive to toxic chemical. ReefHQ is also located adjacent to the Ross Creek and
hence any chemical and materials used in the repair must not represent any risk to
these animals or the adjacent environment.
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ATTACHMENT B - DECLARATION BY TENDERER
The tenderer offers to provide the Services at the price proposed and on the
conditions set out in the RFT.
The tenderer undertakes not to withdraw, vary or otherwise compromise this offer
for a period of [Number] months from the closing date set out in the RFT.
Conflict of interest
The tenderer represents that, having made all reasonable enquiries, it either:
— does not have any known actual or potential conflicts of interest in respect of
the RFT, its tender or the provision of the Services or
— has in this Declaration declared all such actual or potential conflicts to the
The tenderer represents that, having made all reasonable enquiries, the following
represents its only known actual or potential conflicts of interest in respect of the
RFT, its tender or the provision of the Services:
The tenderer undertakes to advise the GBRMPA in writing of all actual or
potential conflicts of interest in respect of the RFT, its tender or the provision of the
Services immediately upon becoming aware of the same.
The tenderer represents that:
— this tender has been compiled without the improper assistance of any
Commonwealth employee and without the use of information obtained
unlawfully or in breach of an obligation of confidentiality to the
— it has not contravened paragraph 23 of the RFT.
Further Representations and Acknowledgements
The tenderer makes the following further representations to the GBRMPA:
— it has examined the RFT, the Draft Services Agreement, all documents referred
to in the RFT and all other information made available to it and all applicable
legislation and policies
— it has examined all further information which is obtainable by making
reasonable enquiries relevant to the risks, contingencies and other
circumstances having an effect on its tender
— it has satisfied itself as to the correctness and sufficiency of its tender
Tender Template Mar07 Page 16
— it has relied entirely on its own enquiries and has not relied on any
representation, warranty or other conduct by or on behalf of the GBRMPA,
except as expressly provided in the RFT or in notices received by it
— it has accepted and has fully complied with the provisions of the RFT
including the terms and conditions in the RFT and it has accepted and will
execute the Draft Services Agreement, in each case save only for the matters
detailed in Attachment E and
— its tender is fully compliant with the requirements of the RFT, the documents
attached to or comprised in the RFT and all documents to which it refers save
only for the matters detailed in Attachment E.
The tenderer acknowledges that:
— the GBRMPA may exercise any of its rights set out in the RFT, at any time
— the statements, opinions, projections, forecasts or other information contained
in the RFT may change
— the RFT is a summary only of the GBRMPA’s requirements and is not
intended to be a comprehensive description of it
— neither the lodgement of the RFT nor the acceptance of any tender nor any
agreement made subsequent to the RFT will imply any representation from or
on behalf of the GBRMPA that there has been no material change since the
date of the RFT or since the date as at which any information contained in the
RFT is stated to be applicable
— except as required by law and only to the extent so required, neither the
GBRMPA, nor its respective officers, employees, advisers or agents will in any
way be liable to any person or body for any loss, damage, cost or expense of
any nature arising in any way out of or in connection with any
representations, opinions, projections, forecasts or other statements, actual or
implied, contained in or omitted from the RFT and
— the tenderer has sought its own professional advice as appropriate and has
not construed the RFT as investment, legal, tax or other advice.
The tenderer acknowledges that the GBRMPA may disclose, and consents to the
GBRMPA disclosing, any information provided by the tenderer, whether
confidential or not:
— to its advisers or employees solely in order to evaluate or otherwise assess the
— to its internal management personnel solely in order to evaluate or otherwise
assess the tender
— to the responsible Minister
— in response to a request by a House or a Committee of the Parliament of the
Commonwealth of Australia
— within the GBRMPA, or with another Commonwealth agency, where this
serves the Commonwealth’s legitimate interests
Tender Template Mar07 Page 17
— where the information is authorised or required by law to be disclosed
— where the information is in the public domain otherwise than by a
Commonwealth disclosure and
— where the disclosure is required to meet the GBRMPA's reporting or
accountability requirements, including, without limitation:
– Commonwealth Authorities and Companies Act 1998;
– Finance Minister’s orders under subsection 47A (2) of the Commonwealth
Authorities and Companies Act 1997;
– to the Australian National Audit Office or any other auditor appointed by
– in accordance with the provisions that require notification of
Commonwealth contracts in the Commonwealth Government Gazette
– in accordance with the Requirements for Annual Reports and
– to the Commonwealth Ombudsman.
The tenderer acknowledges that the GBRMPA has received this tender in reliance
on this Declaration. The tenderer acknowledges that the GBRMPA may suffer loss
if any of the representations, undertakings, consents or other statements in this
Declaration or the tenderer’s tender are misleading or deceptive.
Duly Authorised to Sign tenders for and on Behalf of (state full name of
SIGNATURE OF REPRESENTATIVE
NAME OF REPRESENTATIVE (In Block Letters)
Tender Template Mar07 Page 18
POSITION OF REPRESENTATIVE (In Block Letters)
SIGNATURE OF WITNESS ADDRESS OF WITNESS
REFER ENQUIRIES TO: TELEPHONE NO.
(Name in Block Letters)
Tender Template Mar07 Page 19
ATTACHMENT C - TENDERER DETAILS
Principal Place of Business
Date and Place of Incorporation
Trading and Business Names
Registered Business Number
Australian Business Number
Registered for GST? Yes No
Office Hours Week days Emergency
Tender Template Mar07 Page 20
ATTACHMENT D - PRICING SCHEDULE
Tender Template Mar07 Page 21
ATTACHMENT E - STATEMENT OF COMPLIANCE
A response (in accordance with paragraph 5.4 of the RFT) should be provided in
respect of each paragraph of the RFT and in respect of each paragraph of the Draft
Services Agreement. If appropriate, compliance may be indicated against groups
of paragraphs or clauses (eg. “paragraphs 17.1 to 17.4 inclusive: ‘Complies’ ”, or
for the Draft Services Agreement “clauses 1 to 15 inclusive: Complies”).
Paragraph/Annex/Attachment Number Tenderer's Response
Tenderers should carefully consider all
parts of the tender documentation and
note any parts with which they do not
Draft Services Agreement
Tenderers should carefully consider all
parts of the Draft Services Agreement
and note any parts with which they do
Tender Template Mar07 Page 22
ATTACHMENT F - DRAFT SERVICES AGREEMENT
NOTE TO DRAFTERS:
Insert copy of standard contract found at
Tender Template Mar07 Page 23
1.1 In this Agreement, unless the contrary intention appears:
(a) words importing a gender include any other gender;
(b) words in the singular include the plural and words in the plural include the
(c) clause headings are for convenient reference only and have no effect in limiting or
extending the language or provisions to which they refer;
(d) words importing a person includes a partnership and a body whether corporate or
(e) a reference to dollars is a reference to Australian dollars;
(f) if any word or phrase is given a defined meaning, any other part of speech or
other grammatical form of that word or phrase has a corresponding meaning;
(g) the Schedule forms part of this Agreement;
(h) the obligations of a party to this Agreement must be performed at its cost and
throughout the term of this Agreement;
(i) a reference to a contract , agreement, arrangement or understanding entered into
by the GBRMPA is a reference to such contract, agreement, arrangement or
understanding being entered into by the GBRMPA on behalf of the
Commonwealth of Australia;
(j) a reference to real or personal property held by the GBRMPA is a reference to real
or personal property held for and on behalf of the Commonwealth of Australia;
(k) a reference to money received by the GBRMPA is a reference to money received
for and on behalf of the Commonwealth of Australia; and
(l) a reference to a financial liability of the GBRMPA is a reference to a financial
liability of the Commonwealth of Australia.
2. Timing and Direction
2.1 The Project is to be performed by the Contractor in a thoroughly competent and
professional manner at the time or times specified in the Schedule to this Agreement (“the
2.2 All matters in relation to the carrying out of the Project not expressly provided for in this
Agreement will be undertaken according to the directions as may be given from time to
time by the Project Manager specified in the Schedule, or the person from time to time
performing the duties of that person.
3. Equipment and Support (Including Computers and Systems Support)
3.1 All personnel, material and equipment and computer systems support required by the
Contractor to perform the Project must be provided by the Contractor at its own risk and
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expense save only those items of equipment and materials specified in the Schedule (if
3.2 All materials and equipment provided by the GBRMPA and all non-consumable materials
and equipment purchased by the Contractor with funds provided by the GBRMPA must be
returned to the GBRMPA immediately upon completion of the Project or earlier
termination of this Agreement, in the same condition and order as they were received by
the Contractor, fair wear and tear excepted. Where the GBRMPA provides to the
Contractor equipment or support (including computers, software, access to the GBRMPA's
computer system network, E-Mail facilities and Internet access) the Contractor must only
use that equipment or support in performance of the Agreement.
Subject to this Agreement, the consideration payable to the Contractor hereunder will be
paid at the times and in the manner specified in the Schedule. Where the Schedule
provides that the Contractor is to be paid by progressive instalments, the GBRMPA will be
entitled, without derogating from any other right it may have, to defer payment of an
instalment until the Contractor has completed to the satisfaction of the GBRMPA that part
of the Project to which the instalment relates.
5. GST and ABN
5.1 The amount payable by the GBRMPA as determined in accordance with clause 4 and the
Schedule includes Goods and Services Tax (GST) for supplies made under this Agreement
which are taxable supplies within the meaning of A New Tax System (Goods and Services
Tax) Act 1999 (“the GST Act”).
5.2 In relation to taxable supplies made under this Agreement, the Contractor Agrees to issue
the GBRMPA with a tax invoice in accordance with the GST Act.
5.3 The Contractor warrants that as at the date of signing this Agreement, it has a current
Australian Business Number and warrants that if for any reason it ceases to have a current
Australian Business Number it will immediately notify the GBRMPA in writing and
provide full particulars.
The Contractor must submit such reports, data, photographs, slides, videotapes and/or
statements of receipts and expenditure in relation to the Project in the time manner and
format as may be specified in the Schedule.
7. Personnel and Sub-Contractors
7.1 The Project will be performed by the person or persons specified in the Schedule, and in
the event that no such person or persons be so specified, then the Project must be
performed by the Contractor personally or where the Contractor is a body corporate, its
7.2 The Contractor must not, without the prior written approval of the GBRMPA, subcontract
the performance of any part of the Project. In giving the Contractor written approval to
subcontract the GBRMPA may impose such terms and conditions as it thinks fit.
7.3 In the event that the Contractor does subcontract the performance of any part of the Project
the Contractor will remain fully responsible for the performance of the Project. In
particular, the Contractor is responsible for ensuring that the subcontracting party is bound
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by the same terms as the Contractor, as set out in this Agreement, including Clause 15
(Copyright, Intellectual Property and use of Commonwealth Material), Clause 17
(Security, Access and Non-Disclosure), Clause 18 (Confidential Information), Clause 19
(Privacy), Clause 20 (Contract material) and Clause 21(Occupational Health and Safety).
8. The Schedule and Attachments
8.1 The Schedule and any Attachments to this Agreement form part of this Agreement.
8.2 Unless otherwise stated, words used in the Schedule and any Attachments have the same
meaning as the same terms used in this Agreement. If any conflict between the Schedule
and these terms arise, then these terms prevail, but the Schedule will continue to have
effect and will be interpreted so as to give full meaning and effect to the terms of this
9. Inspection of Progress
The Contractor will at all reasonable times give to the GBRMPA's servants agents and
employees access to premises occupied by the Contractor where the Project is being
undertaken and will permit those persons to inspect the performance of the Project and any
property or material howsoever arising out of or in connection with the performance of the
10. Negation of Employment
It is expressly agreed and declared that the relationship between the GBRMPA and the
Contractor is that of independent contractors and neither the Contractor nor its employees
are employees of the GBRMPA for any purpose whatsoever.
11. Insurance of Personnel
The Contractor must, at its expense, insure and keep insured all persons engaged by it in
relation to the Project under all applicable laws relating to workers' compensation and must
supply documentary evidence to the GBRMPA as may be required by it from time to time
to evidence such insurance.
12. Indemnity Against Action
12.1 The Contractor hereby indemnifies and agrees to keep indemnified the GBRMPA and its
servants and agents from all claims, actions, suits, demands, costs or expenses whatsoever
arising from either:
(a) a breach by the Contractor of this Agreement; or
(b) an act or omission involving negligence or default on the part of the Contractor or
its employees and agents in connection with this Agreement.
12.2 The Contractor’s liability under subclause 12.1 will be reduced proportionately by the
extent that any act or omission involving fault on the part of the GBRMPA contributed to
the relevant liability, loss, damage or expense.
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13.1 The Contractor must before performing the Project take out and maintain at all times
during the Project a public liability policy to the value of at least TEN MILLION
DOLLARS ($10,000,000.00) with a reputable insurance company, such policy to provide
insurance against risks of personal injury (including death) and property damage, subject
only to such exclusions as the GBRMPA may approve in writing.
13.2 The Contractor must upon demand immediately produce to the Project Manager all
documentary evidence, including all policies, receipts for premiums and renewal notices,
necessary in the opinion of the Project Manager to establish full compliance with the
requirements of this condition.
13.3 The Contractor must:
(a) effect and maintain professional indemnity insurance to the value of at least TWO
MILLION DOLLARS ($2,000,000.00) with a reputable insurance company; and
(b) on request, provide proof of insurance acceptable to the GBRMPA.
13.4 This Clause 13 continues in operation for so long as any obligations remain in connection
with the Agreement.
14. Laws and Regulations
14.1 The Contractor must at all times in the performance of the Project observe and comply
with the provisions of any and all relevant Acts, regulations, by-laws, orders, industrial
awards and rules and all requirements of any competent authority as in force in the place
where the Project is to be performed and as may relate to the performance of the Project.
14.2 The Contractor will obtain and maintain, at its sole expense, at all times all licences
permits and authorities necessary for the lawful performance of the Project. It is expressly
agreed that this Agreement does not confer permission to undertake any activities which
require a permission under the Great Barrier Reef Marine Park Act 1975 and if such
permission is required then the Contractor will be obliged to apply for same and the
permission may be granted or refused or granted subject to conditions.
14.3 The Contractor must at all times when using computer equipment, E-Mail facilities,
Internet access or software supplied by the GBRMPA observe and comply with the
provisions of all relevant laws from time to time in force in the State or Territory in which
that use takes place.
15. Copyright, Intellectual Property and use of Commonwealth Material
15.1 For the purposes of this Agreement:
(a) “Commonwealth Material” means any material:
(i) provided by the GBRMPA to the Contractor for the purposes of this
(ii) derived at any time from the material referred to in subclause 15.1(a)(i).
(b) “Intellectual Property” includes:
(i) all copyright (including rights in relation to phonograms and broadcasts);
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(ii) all rights in relation to inventions, plant varieties, trade marks, designs
and circuit layouts; and
(iii) all rights resulting form intellectual activity in the industrial, scientific or
but does not include:
(iv) Moral rights;
(v) the rights of performers; or
(vi) the right in relation to Confidential Information.
(c) “Material” means the subject matter of any category of Intellectual Property
(d) “Project Material” means any material:
(i) created for the purposes of this Agreement ;
(ii) provided or required to be provided to the GBRMPA as part of the
services under this Agreement; or
(iii) derived at any time from the material referred to in paragraphs (i) or (ii).
15.2 (a) The GBRMPA grants, or will procure a royalty-free, non-exclusive licence for the
Contractor to use, reproduce and adapt the Commonwealth Material for any
purposes of this Agreement.
(b) The Contractor agrees to ensure that the Commonwealth Material is used strictly
in accordance with any conditions or restrictions set out in the Schedule, and any
direction from the GBRMPA.
15.3 All Intellectual Property in all Project Material vests or will vest absolutely in the
15.4 Clause 15.3 does not affect the ownership of Intellectual property in:
(a) any Commonwealth Material incorporated into the Project Material; or
(b) any Material that is in existence at the Start Date and specified in the Schedule.
15.5 The Contractor grants to, or will procure for, the GBRMPA a permanent, irrevocable,
royalty-free, world-wide, non-exclusive licence (including a right of sublicence) to use
reproduce, adapt and exploit any existing Material referred to in clause 15.4(b), in
conjunction with the Project Material.
15.6 The Contractor must disclose to the GBRMPA, in any report submitted pursuant to
Clause 6 of this Agreement, the existence of any Intellectual Property.
15.7 The Contractor hereby assigns absolutely to the GBRMPA any rights that it may have in
all Intellectual Property that may subsist in its favour.
15.8 On request of the GBRMPA, the Contractor must at its expense create, sign, execute or
otherwise deal with any document necessary or desirable to give effect to this Clause 15.
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15.9 The Contractor warrants that:
(a) it is entitled; or
(b) it will be entitled at the relevant time;
to deal with the Intellectual Property in the Project Material in the manner provided in this
16. Conflict of Interest
16.1 The Contractor warrants on behalf of itself and its employees, and any subcontractors that
it does not hold any office, possess any property or have any obligation by virtue of any
contract or standards which the Contractor must observe in the course of exercising a
profession, whereby, directly or indirectly, duties or interests are or might be created in
conflict with its duties and interests under this Agreement.
16.2 In the event that such a conflict arises or there is an immediate risk of such a conflict
arising, the Contractor will do all things necessary to obviate such risk and lawfully carry
out the Project and must advise the GBRMPA immediately in writing of such conflict or
potential conflict giving full details.
17. Security, Access and Non-Disclosure
17.1 The Contractor agrees to comply with security requirements for the protection of official
(a) detailed in the Protective Security Manual, published by the Commonwealth
Attorney- General’s Department; and
(b) as advised by the GBRMPA during the term of this Agreement.
17.2 In this Agreement ‘Security Classified Information’ means official information that, if
compromised, could have adverse consequences for the Commonwealth or the GBRMPA.
17.3 The Contractor must not permit any of its employees, agents or subcontractors to have
access to any Security Classified Information unless:
(a) that person has been cleared, by the Australian Security Vetting Service or
departmental security unit, to the appropriate security level; and
(b) the GBRMPA has given written approval for that person(s) to have access to
Security Classified Information.
17.4 The Contractor must inform the GBRMPA immediately upon becoming aware of any
breach of these requirements, including an unauthorised person having access to Security
17.5 The Contractor warrants that none of its employees, agents or subcontractors will make
copies, or use otherwise than in accordance with the terms of this Agreement:
(a) any material relating to access to the non-public premises occupied by the
GBRMPA or particular work areas (including keys, passes and access codes);
(b) any of the materials supplied by the GBRMPA relating to the Project; and
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(c) any Security Classified Information accessed by the Contractor or its agents, or
17.6 The Contractor agrees, upon reasonable notice, to permit any agent, nominee, officer or
auditor of the GBRMPA or the Commonwealth of Australia to have access to any premises
of the Contractor, to any site used in connection with this Agreement and to equipment,
software, data, documentation and records maintained by it and relevant to the
performance of this Agreement, in the company of the Contractor’s employees for
purposes associated with this Agreement including value for money, security, occupational
and safety reviews and any associated audit requirements.
18. Confidential information
18.1 For the purposes of this Agreement “Confidential Information” means the information
described in the Schedule and information that the parties agree in writing after the Start
Date is Confidential Information for the purposes of this Agreement.
18.2 Confidential Information not to be disclosed
(a) Subject to subclause 18.2(b), the Contractor must not, without the prior written
consent of the GBRMPA, disclose any Confidential Information of the GBRMPA
to a third party.
(b) The GBRMPA may impose any conditions it considers appropriate when giving
consent under this clause and the Contractor agrees to comply with these
(c) The GBRMPA may require that the Contractor arrange for its employees, agents
or subcontractors engaged in the performance of this Agreement to execute an
Undertaking or Deed of Confidentiality in a form acceptable to the GBRMPA
relating to the non-disclosure of the GBRMPA’s Confidential Information and the
Contractor shall arrange for all such deeds to be executed promptly, and at the
18.3 Exceptions to obligations
(a) The obligations on the Contractor under this Clause 18 will not be taken to have
been breached to the extent that Confidential Information:
(i) is disclosed by it to its Personnel solely in order to comply with
obligations, or to exercise rights, under this Agreement;
(ii) is disclosed to its internal management Personnel, solely to enable
effective management or auditing of contract-related activities;
(iii) is authorised or required by law to be disclosed; or
(iv) is in the public domain otherwise than due to a breach of this Clause 18 .
(b) Where the Contractor discloses Confidential Information to another person
pursuant to subclauses 18.3(a)(i) or 18.3(a)(ii), the Contractor must notify the
receiving person that the information is confidential.
(c) In the circumstances referred to in subclauses 18.3(a)(i) and 18.3(a)(ii), the
disclosing party agrees not to provide the information unless the receiving person
agrees to keep the information confidential.
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18.4 Additional Confidential Information
The parties may agree in writing after the date of this Agreement that certain information is
to be Confidential Information for the purposes of this Agreement.
18.5 Period of confidentiality
The obligations under this Clause 18 continue, notwithstanding the expiry or termination
of this Agreement, unless otherwise agreed by the parties in writing.
18.6 No reduction in privacy obligations
(a) This Clause 18 does not detract from any of the Contractor’s obligations under the
Privacy Act 1988 (Cth), or under Clause 19, in relation to the protection of
(b) The non-disclosure requirements set out in this Clause 18 are obligations for the
purposes of this Agreement, and the provisions of this Clause 18 continue to apply
after expiration or termination of this Agreement.
19.1 This clause applies only where the Contractor deals with Personal Information when, and
for the purpose of performing the Project under this Agreement.
19.2 For the purposes of this Agreement, “Personal Information” means information or an
opinion (including information or an opinion forming part of a database) whether true or
not, about a natural person whose identity is apparent or can reasonably be ascertained,
from the information or opinion.
19.3 The Contractor acknowledges that it is a “contracted service provider” within the meaning
of section 6 of the Privacy Act 1988 (“the Privacy Act”), and agrees that when performing
the Project under this Agreement:
(a) to use or disclose Personal Information obtained during the course of performing
the Project under this Agreement, only for the purposes of this Agreement;
(b) not to do any act or engage in any practice that would breach an Information
Privacy Principle (“IPP”) contained in section 14 of the Privacy Act, which if
done or engaged in by an agency, would be a breach of that IPP;
(c) to carry out and discharge the obligations contained in the IPPs as if it were an
agency under the Privacy Act;
(d) to notify individuals whose Personal Information the Contractor holds, that
complaints about acts or practices of the Contractor may be investigated by the
Privacy Commissioner who has power to award compensation against the
Contractor in appropriate circumstances;
(e) not to use or disclose Personal Information or engage in an act or practice that
would breach section 16F of the Privacy Act (direct marketing), a National
Privacy Principle (“NPP”) (particularly NPPs 7 to 10) or an Approved Privacy
Code (“APC”), where that section, NPP or APC is applicable to the Contractor,
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(i) in the case of section 16F – the use or disclosure is necessary, directly or
indirectly, to discharge an obligation under this Agreement; or
(ii) in the case of an NPP or an APC – where the activity or practice is
engaged in for the purpose of discharging, directly or indirectly, an
obligation under this Agreement, and the activity or practice which is
authorised by this Agreement is inconsistent with the NPP or APC;
(f) to disclose in writing to any person who asks, the content of the provisions of this
Agreement (if any) that are inconsistent with an NPP or an APC binding a Party
to this Agreement;
(g) to immediately notify the GBRMPA if the Contractor becomes aware of a breach
or possible breach of any of the obligations contained in, or referred to in, this
Clause 19 by the Contractor or any subcontractor; and
(h) to ensure that any employee of the Contractor who is required to deal with
Personal Information for the purposes of this Agreement is made aware of the
obligations of the Contractor set out in this Clause 19.
19.4 The Contractor agrees to ensure that any subcontract entered into for the purpose of
fulfilling its obligations under this Agreement contains provisions to ensure that the
subcontractor has the same awareness and obligations as the Contractor has under this
clause, including the requirement in relation to subcontracts.
19.5 The Contractor agrees to indemnify the GBRMPA in respect of any loss, liability or
expense suffered or incurred by the GBRMPA which arises directly or indirectly from a
breach of any of the obligations of the Contractor under this Clause 19, or a subcontractor
under the subcontract provisions referred to in Clause 7.
19.6 In this clause , the terms “agency”, “Approved Privacy Code” (APC), “Information
Privacy Principles” (IPPs), and “National Privacy Principles” (NPPs) have the same
meaning as they have in section 6 of the Privacy Act.
19.7 The provisions of this clause will survive the termination or expiration of this Agreement.
20. Contract Material
20.1 In this Agreement “Contract Material” means any document, device, article or medium in
which Commonwealth Material, Confidential Information of the GBRMPA or the
Commonwealth, Project Material or other information relevant to the Project is embodied.
20.2 Property in Contract Material vests or will vest in the GBRMPA.
20.3 The Contractor agrees to establish and maintain procedures to secure all copies of
Commonwealth Material against loss and unauthorised access, use, modification or
20.4 The Contractor will not without the prior written approval of the GBRMPA which
approval may be given or refused in the absolute discretion of the GBRMPA disclose other
than to the GBRMPA, any information (including Contract Material):
(a) acquired in connection with this Agreement;
(b) gained generally through working on the premises occupied by the GBRMPA; or
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(c) gained through using or accessing the GBRMPA’s computer network.
20.5 The Contractor will ensure that all Contract Material is handled strictly in accordance with
any conditions or restrictions set out in the Schedule.
20.6 The Contractor must also at its expense ensure that identical obligations of secrecy,
confidentiality and limitations on use are imposed upon its employees and agents.
20.7 The Contractor agrees, on expiration or termination of this Agreement, to ensure that all
Contract Material is delivered to the GBRMPA or otherwise dealt with as directed by the
GBRMPA, subject to any requirement of law binding on the Contractor relating to such
21. Occupational Health & Safety
21.1 The Contractor must comply with all Occupational Health and Safety standards in the
supply, installation and maintenance of goods or services as prescribed by law, and will
assist the GBRMPA to meet its requirements under the Occupational Health and Safety
(Commonwealth Employment) Act 1991 and Regulations with regard to the health, safety
and welfare of its employees, any contractors, visitors or members of the public.
21.2 The Contractor must comply with any relevant policies, procedures and directions of the
GBRMPA or the Commonwealth relating to safe work practices and procedures, including
allowing the GBRMPA, its representatives or auditors to access the Contractor’s premises
and materials used for performing the Project for workplace safety and health purposes.
21.3 The Contractor is responsible for providing a safe system of work when performing any
aspect of the Project. If requested by the GBRMPA at any time, the Contractor must
produce written evidence substantiating its safe system of work including risk assessments,
manuals, procedures, work methods, training /competency and similar matters related to
performing the Project.
21.4 Where a Contractor performs work related to the Project at a GBRMPA workplace, the
Contractor must provide the GBRMPA’s Human Resources Manager or Occupational
Health and Safety Officer, with a health and safety plan prior to commencing the Project.
21.5 Unless express written permission to do otherwise is received from the GBRMPA’s
Human Resources Manager or Occupational Health and Safety Officer, the Contractor
must maintain an on-site register of compliant Material Safety Data Sheets (“MSDSs”) for
all chemical products and hazardous substances, as well as ensuring correct labelling that is
in accordance with Commonwealth hazardous substances and dangerous goods
regulations. Where chemical products and hazardous substances are to be used, the
Contractor must first provide the GBRMPA’s Office Services Coordinator with copies of
the MSDSs prior to use.
21.6 The provision of written documentation by the Contractor under this clause is an obligation
for the purposes of subclause 22.5(b), and should the written documentation not be
supplied within a reasonable time after the GBRMPA requests it, or is otherwise not
adequate, the GBRMPA reserves its rights under that clause.
22. Termination or Reduction of Agreement
22.1 The GBRMPA may at any time by notice, terminate this Agreement or reduce the scope of
the Project immediately.
22.2 The Contractor agrees, on receipt of a notice of termination or reduction:
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(a) to stop or reduce work as specified in the notice;
(b) to take all available steps to minimise loss resulting from that termination or
(c) to continue work on any part of the Project not affected by the notice.
22.3 In the event of termination under subclause 22.1 the GBRMPA will be liable only:
(a) to pay any instalment relating to work undertaken in performance of the Project
completed before the effective date of termination;
(b) to reimburse any expenses the Contractor unavoidably incurs relating entirely to
work undertaken in performance of the Project not covered under subclause
(c) to pay any allowance and meet any costs unavoidably incurred in accordance with
the Schedule before the effective date of termination; and
(d) to provide the equipment and support specified in the Schedule, if any, before the
effective date of termination.
22.4 In the event of a reduction in the scope of the Project under subclause 22.1, the terms of
Clause 30 governing variation of the Agreement will apply.
22.5 Subject to subclause 22.1, this Agreement will terminate upon expiration of this Project
and receipt of the final payment pursuant to Clause 4 unless terminated earlier on the
happening of any of the following:
(a) if the Contractor is in breach or default in any way whatsoever of Clause 13 of
this Agreement the GBRMPA may at any time thereafter serve upon the
Contractor a notice terminating this Agreement;
(b) if either Party is in breach or default of any obligation under this Agreement and
the other Party gives notice in writing to remedy the breach and then that breach
or default is not remedied within 14 days after receipt of that notice and at any
time thereafter the Party giving that notice to remedy gives a further notice to the
other Party terminating this Agreement; or
(c) if the Contractor is in breach or default of a material obligation of this Agreement
which breach is not capable of remedy, then without limiting any other rights or
remedies that the GBRMPA may have against the contractor arising out of or in
connection with this Agreement the GBRMPA may terminate this Agreement
effective immediately by giving written notice to the Contractor.
22.6 The GBRMPA will not be liable to pay under the provisions of subclause 22.5 any sum,
that in addition to any sums paid or due to or becoming due to the Contractor under this
Agreement, would together exceed the amount specified in the Schedule.
22.7 The Contractor will not be entitled to compensation for loss of prospective profits.
If the Contractor becomes bankrupt or makes an arrangement or assignment for the benefit
of its creditors or, being a corporation, goes into liquidation or has proceedings taken for
its winding up then and in every such case, the GBRMPA shall be at liberty to terminate
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this Agreement but such termination shall be without prejudice to any right or remedy that
may have accrued to the GBRMPA on or prior to such termination.
24.1 If the Contractor is a corporation then any or all of its Directors for the time being must
personally guarantee the performance of the Contractor's obligations under this Agreement,
if the GBRMPA so requires in writing.
24.2 If such a requirement is made, then a Deed of Guarantee will be prepared by the Solicitors
for the GBRMPA, at the expense of the Contractor, and must be executed by the said
Directors forthwith. Any failure by a Director of the Contractor to comply with the
provisions of this condition within a reasonable time (not exceeding in any case fourteen
days) will be deemed to be a repudiation by the Contractor of this Agreement.
25. Breaches and Waivers
Any failure by the GBRMPA to act upon a breach of any term or condition of this
Agreement shall be deemed not to operate as a waiver or acceptance of such breach, unless
the GBRMPA so states in writing. The waiver of any breach of any term or condition of
this Agreement shall not operate as a complete or continuing waiver in respect of any other
or subsequent or similar or further or continuing breach.
26. Recovery of Costs
If this Agreement is terminated in accordance with subclause 22.5, then any damages,
losses and expenses sustained or incurred by the Party not in default through the breach or
default of the other Party, or in consequence of the termination of this Agreement by the
Party not in default will be recoverable from the other Party under this Agreement.
27. Dispute Resolution
27.1 Any dispute arising out of or in connection with this Agreement (“Dispute”) must be
resolved in accordance with this clause.
27.2 The party raising the Dispute (“the Initiating Party”) must record all issues relating to the
Dispute and notify in writing any other party to this Agreement (“the Recipient Party”)
giving details of the Dispute.
27.3 The date of notification of the Dispute is the date the Recipient Party to this Agreement
receives notice of the existence of the Dispute in accordance with subclause 27.2.
27.4 Following notification the matter must be referred immediately to an Executive Director or
the Chief Executive Officer of the GBRMPA and to a Contractor’s representative at
management level who has appropriate authorisation to resolve the Dispute.
27.5 If the parties fail to resolve the Dispute within 14 days from the date of notification or such
other period as may be agreed to in writing, the Dispute must be referred within a further
14 days to mediation by a Queensland Law Society Approved Mediator agreed by the
parties or failing agreement appointed by the President of the Society on the terms of a
standard mediation agreement approved by the Queensland Law Society.
27.6 Any mediation is to be held in Townsville unless otherwise agreed by the parties.
27.7 If the Dispute fails to be resolved within 21 days of the date of commencement of the
mediation then either party may then, but not earlier, commence arbitration if both parties
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agree to arbitration or failing agreement to arbitrate the matter, either party may commence
proceedings in any court of competent jurisdiction.
27.8 Any arbitration must be conducted by a single arbitrator agreed by the parties or failing
agreement by an arbitrator appointed by the President of the Queensland Law Society. Any
arbitrator so appointed shall not be the same person as any mediator appointed under this
27.9 Any information or documents obtained as part of the dispute resolution process described
in this clause must not be used for any purpose other than the settlement of the Dispute
under this clause.
27.10 Each party will continue to perform their obligations under this Agreement
notwithstanding the existence of a Dispute or any proceedings under this clause.
28. Force Majeure
Neither the Contractor nor the GBRMPA shall be liable in any circumstances whatsoever
for any failure to perform any obligations to be performed by the Contractor or the
GBRMPA hereunder where such failure is due to any cause beyond the reasonable control
of the Contractor or the GBRMPA including for example (but without in any way limiting
the generality of the foregoing), war, refusal of any necessary consent to licence,
Government export controls, other Governmental acts, industrial dispute, lock-out,
accident, fire, explosion, transport delays or act of a third party or loss or damage to any
equipment, but the Contractor and the GBRMPA shall use their best efforts to comply with
their respective obligations hereunder despite the intervention or occurrence of any such
cause, to cure such cause and as soon as any such cause ceases to affect the performance of
their respective obligations hereunder, shall use best efforts to resume compliance with
29. Entire Agreement
29.1 This agreement constitutes the entire Agreement between the parties in relation to its
subject matter notwithstanding any other statements or understandings made either orally
or in writing prior to the date of execution of the Agreement.
29.2 Any subsequent variation of this agreement (save and except as provided in Clause 22)
must be in accordance with Clause 30.
30. Variation of Agreement
30.1 The GBRMPA may notify the Contractor that it requires a variation of the Project and
provide the Contractor with details of the variation.
30.2 Within 14 days after receipt of notification under subclause 30.1 the Contractor must notify
the GBRMPA of its proposal for performing the variation and its estimate of the amount
by which the payment in consideration for performing the Project will increase or decrease
as a result of the variation.
30.3 If the GBRMPA notifies the Contractor within 14 days after receipt of a notice under
subclause 30.2 that it accepts the matters set out in that notice, the payment in
consideration for performing the Project will be varied in accordance with the notice.
30.4 If the GBRMPA does not accept the matters set out in the notice under subclause 30.2, the
GBRMPA may notify the Contractor within 14 days after the receipt of that notice that:
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(a) the GBRMPA does not require the variation; or
(b) the GBRMPA requires the variation.
30.5 If the GBRMPA gives notice under subclause 30.4(b) and provides the Contractor with
reasons why it does not accept the matters set out in the notice under subclause 30.2, the
GBRMPA’s notice will be deemed to be a notice of dispute under subclause 27.1 and those
matters will be determined in accordance with that clause.
30.6 Despite Subclause 30.5 the increase or decrease in the amount of payment in consideration
for performing the Project as a result of the variation must not exceed the increase or be
less than the reduction specified in the notice under subclause 30.2.
30.7 No agreement or understanding varying or extending this Agreement, including in
particular the scope of the Project to be provided as specified in the Schedule, will be
legally binding upon either party (save and except as provided in Clause 22) unless in
writing and signed by both parties.
30.8 To avoid doubt, nothing in this Clause 30 is intended to override the GBRMPA’s
obligations under the Commonwealth Procurement Guidelines.
The following clauses survive the expiration or earlier termination of this Agreement:
Clause 12 (Indemnity), Clause 13 (Insurance), Clause 17 (Security, Access and Non
Disclosure), Clause 18 (Confidential Information), Clause 19 (Privacy), Clause 20
(Contract Material), Clause 25 (Breaches and Waiver),Clause 26 (Recovery of Costs),
Clause 27 (Dispute Resolution), Clause 33 (Queensland law) and Clause 34 (Notices).
If for any reason any provision of this Agreement or part thereof is rendered invalid the
remainder of the Agreement continues to have full legal force and the rights and
obligations of both parties under this Agreement continue unless the entire Agreement is
rendered inoperative by the invalidity.
33. Queensland Law
This Agreement will be governed and construed by the law for the time being in force in
the State of Queensland.
A notice, consent or other communication (including any notification under Clause 27)
purported to be served under this Agreement will be deemed to have been properly served
if the same is in writing and is sent to the usual business address of the recipient specified
in the Schedule or such other addresses as may be notified in writing by certified mail,
personal delivery for which a receipt is obtained, or facsimile for which acknowledgment
of receipt has been obtained. Such notice, consent or other communication will be deemed
to have been served or delivered as follows:
(a) in the case of certified mail — on the third working day next following the date of
(b) in the case of personal delivery — on the date of delivery; and
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(c) in the case of facsimile — on the working day next following the date of
35. Guidance on construction of this Agreement
35.1 Any reading down or severance of a particular provision does not affect the other
provisions of this Agreement.
35.2 A provision of this Agreement shall not be construed to the disadvantage of a party solely
on the basis that it proposed that provision.
35.3 Unless otherwise stated, if the consent or approval of the GBRMPA is required, the
GBRMPA may give or refuse that consent or approval in its absolute discretion without
any obligation to give reasons for its decision.
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ATTACHMENT G - EVALUATION CRITERIA RESPONSE SCHEDULES
Submissions will be evaluated according to the following selection criteria:
1. Demonstrated capability in the provision of gantry crane steel structures
repair and concrete repair works.
2. Demonstrated knowledge and expertise in the area of treatments to
prevent corrosion and deterioration in aggressive saltwater environment.
3. Ability to provide repair and rectification solutions that will not
compromise living aquarium systems or the adjacent environment.
4. Comply with all QLD and Federal government regulations and codes of
practice for OH&S
5. Demonstrated responsiveness to clients needs
6. Statement of process for dealing with unforeseen issues that may arise
during the project
7. Value for Money including:
a. A clear statement of details of inclusions and exclusions
b. Details of basis for price variations in response to changes in project
tasks (due to unforeseen factors).
c. Responsiveness to Clients requests
8. Notification of time required to commence and complete services following
the completion of the contract.
9. Evidence of ability to meet workers compensation and public liability
insurance (requirements under Clause 10 & 12 of standard contract)
a. Amount of insurance
b. Names of insurance company
c. Insurance Policy numbers
d. Period during which above policies are currently effective
e. Occupational Health and Safety Plan for project
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SCHEDULE 1 - PROPOSED SERVICE DELIVERY SOLUTION
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SCHEDULE 2 - TECHNICAL AND MANAGEMENT CAPABILITY
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SCHEDULE 3 - EXPERIENCE AND DEMONSTRATED EXPERTISE
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SCHEDULE 4 - CLIENT FOCUS
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