Tendering, Evaluation and Acceptance

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Definitions

4. Special Conditions of Contract

The Victorian Government Special Conditions of Contract for AS 2124 - 1992 must be incorporated into the tender documents. Contact CMB for the current version. The Special Conditions are included in the contract through Annexure Part B to AS2124-1992.

In addition to the inclusion of the Special Conditions, Consultants should give consideration to the following considerations.

Variations for Latent Conditions

The tenderer is required to acquaint itself with the site and all physical conditions on the site or its surroundings. AS2124-1992 Clause 12 defines Latent Conditions essentially as those physical conditions or artificial obstructions encountered on the site by the contractor during the execution of the work which:

  • Differ materially from those which would have been ascertainable by the contractor
  • Could not reasonably have been anticipated at the date of tender.

Clause 12 then includes the notification procedures and conditions under which the Contractor may obtain additional payment, via a variation, where such a Latent Condition is encountered.

Infection Control During Construction

This section applies to relevant health care facilities remaining occupied whilst alterations or new works are carried out.

During the construction, demolition or renovation of buildings increased air-borne particles originating from dry soil, dust or fragmenting building materials are common. This can be exaggerated by prevailing climatic conditions. Resultant air pollution can cause hazards to patients, staff or visitors by:

  • Increased particulate matter in breathing air - this is obviously important for patients with respiratory disease
  • Conveying toxic substances, e.g. asbestos fibres
  • Conveying an increased load of pathogenic micro-organisms, e.g. fungi. This has resulted in serious disease in some patients such as those who are immunocompromised.

The Standing Committee on Infection Control has drawn up the following interim recommendations in consultation with Capital Management Branch of DHS.

The Infection Control Nurse (ICN), Infection Control Committee (ICC) or Infection Control Adviser (ICA) should be consulted at the time building construction, demolition or renovation is being planned. That is so that any infection control or other matter, which could affect patient care, could be brought to the attention of the principal and the superintendent prior to work commencing.

The ICN, ICC or ICA should be advised of the date of commencement of building works and their anticipated duration. It is advisable for the consultant to consult with the facility’s Infection Control Officer and the health care facility engineer to provide appropriate protection.

The relevant points below should be incorporated in the contract for the works. These requirements do not cover other important matters, which may affect patient care such as noise pollution or vibration.

  1. The Contractor shall be responsible for suppressing all air pollution emanating from the work site and shall ensure construction activities cause minimal interference with the operation and function of the hospital.
  2. The Contractor shall provide construction barriers between the work site and the rest of the health care facility with particular attention to areas such as patient care areas, laboratories, clinical areas, kitchen and dining facilities. Air intake areas are to be protected to ensure that buildings are kept free of contamination.
  3. For construction/renovation areas inside hospital buildings, the Contractor shall ensure that the air flow is directed away from adjacent patient areas where practical to do so and otherwise take steps to ensure contaminated air is not introduced into adjacent occupied areas.
  4. The Contractor shall ensure that pedestrian traffic from construction areas is directed away from patient care areas as much as is practical.
  5. The work site where it abuts occupied areas should be cleaned regularly; the intervals between cleaning should be based on the nature of the work and the need to minimise air pollution.

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Working in Custodial, Forensic or Secure Facilities

For thesis situations, tenderers are to comply with all specialised requirements including the control of tolls, equipment and materials that may serve to be used as weapons, escape means or for self harm. Full participation in the Agency induction program is required.

Advance Payment

Payments in advance for the provision of materials, plant and equipment is not undertaken. However, prepayment may be made where it is considered appropriate by the Superintendent and approved by the Network/Agency (e.g. deposit for specialised items requiring long lead times or imported items, equipment). Attention needs to be paid to ascertain that:

  • Prepayments must be identified and adjusted in the project certificate
  • Additional Bank security and/or insurance must be obtained in favour of the Network/Agency.

The provisions of AS2124-1992, Clause 42.4. On particular projects, if payment is to be considered at any time during the construction period of the work, then Alternate 2 must be adopted, with a modification to require additional security as per Alternate 1.

GST

All goods and materials, which are incorporated into the works, are subject to GST.

Workmanship and Materials Origins

Preference shall be given to the use of materials, components, equipment and other items which are manufactured or originate within Australia.

General Site Agreement

The Consultant needs to ensure that the provisions of the General Site Agreement have been adequately covered in the Preliminary Clauses of the specification in accordance with relevant Federal and State Awards. It needs to be emphasised that neither ‘Cash in Hand’ payments nor pyramid sub-contracting are permitted.

Other points to be detailed in the documents are in relation to Amenities, First Aid, Safety, Hearing Protection, Apprentices, Worker Compensation, Long Service Leave, Protective Clothing, Disputes Procedure and Allowances.

Construction Program and Cash Flow Information

A Construction Program is to be provided by the Tenderer and a copy to be forwarded to the Department and the Network/Agency.

This program should show:

  • Duration time of the project
  • Start and finish times for critical activities. This will form the basis for assessment by the Superintendent of Extension of Time claims
  • Monthly cash flow.

These items are to be updated as required during the project duration.

Site Meetings

The contractor is to arrange for site meetings throughout the duration of the contract. It is recommended that these be held fortnightly.

Signboard

A signboard providing project information should be erected on the site of the works. The format and wording on the signboard should be submitted to CMB (the Department) for approval.

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For information relating to this page contact: Capital Management Branch, Ph: 61 3 9096 2030, capital@dhs.vic.gov.au
Site authorised by: Director, Capital Management Branch

Last Updated: 8 June, 2007
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