CONDITIONS OF TENDER HARDCOPY TENDERS

Lump Sum Tenders using AS4305 - 1996 Minor Works Contract Conditions

1. INTERPRETATION

These Conditions of Tender apply where the Tender is required to be submitted in hardcopy format.

Meanings assigned to words and expressions in the Conditions of Contract shall apply to those words and
expressions used in the Tender Documents and, except where the context otherwise requires, include is
not a word of limitation.

Unless the contrary intention applies, the following definitions also apply:

Alternative Tender means any Tender that is not a Conforming Tender;

Conforming Tender means a Tender that complies with the requirements of the Tender Documents;

Intellectual Property Rights means copyright, patents and all rights in relation to inventions, registered
and unregistered trademarks (including service marks), registered designs, circuit layouts and all other
rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

Tender means an offer submitted by a Tenderer.;

Tenderer means a party submitting a Tender and includes a party invited directly or indirectly by the
Principal to submit a Tender.

2. TENDER DOCUMENTS

2.1 Tender Documents comprise:

(a) the Tender Form;

(b) these Conditions of Tender;
(c) the Code of Tendering (AS4120 - 1994) as amended by these Conditions of Tender;
(d) the Minor Works Contract Conditions (AS4305 - 1996) as amended by the Special Conditions of
Contract;
(e) the Specification and Drawings (if any);
(f) the Bill of Quantities (if any); and
(g) other documents as are issued and/or referred to by the Principal for the purpose of tendering.

2.2 To the extent of any discrepancy or inconsistency between these Conditions of Tender and AS4120-1994,
these Conditions of Tender shall prevail.

2.3 In the event of any discrepancy or inconsistency between the Special Conditions of Contract and the Minor
Works Contract Conditions, the Special Conditions of Contract shall prevail.

2.4 A copy of AS4305-1996 and AS4120-1994 is available for perusal at the office of the Principal.

3. LODGEMENT OF TENDER

3.1 The Tender shall be submitted in hardcopy format, in a sealed envelope, addressed and delivered to the
Address for lodgement of Tenders as indicated on the Tender Form.

3.2 The envelope shall be endorsed with the name of the project and tender number, the closing date and time
for receipt of Tenders and the Tenderers name and address.

3.3 Tenders shall be lodged in the tender box at the location indicated on the Tender Form by being placed
therein before the time specified for the closing of Tenders. Any Tender, or part thereof, not in the tender
box before the specified closing time may be rejected at the discretion of the Principal.

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3.4 In exercising its discretion as to rejection of any Tender the Principal shall, amongst other factors, consider
evidence, if any, that such Tender was dispatched to the Address for lodgement of Tenders stated on the
Tender Form in sufficient time to reach that office and be placed in the tender box under normal
circumstances before the specified closing time for receipt of tenders.

3.5 A Tender received by a means other than that expressly provided for in these Conditions of Tender may not
be considered.

4. TENDER REQUIREMENTS

4.1 A completed Tender Form, as provided by the Principal, and all other documents required by the Tender
Documents shall be submitted with the Tender.

4.2 The Tenderer shall complete and sign every document included in the Tender Documents on which
provision is made for its signature and shall lodge every such document completed and signed, witnessed
and dated as requested.

4.3 The Tenderer and all relevant third parties shall execute all documents and do all acts and things required
by the Principal for the purposes of giving effect to these Conditions of Tender.

4.4 Tenderers shall provide such additional information as may be requested by the Principal.

5. INFORMATION

5.1 The Principals Contact Officer for all enquiries regarding the tender process is the contact officer
nominated in the Tender Documents.

5.2 The Tenderer shall not communicate with any person or corporation who is the intended owner, occupant,
operator or manager of any facility the subject of the Tender except with the express written approval of the
Principal.

5.3 The Principal will not be liable for any claim on the grounds of erroneous or insufficient information.

5.4 The Principal shall not be bound by any oral advice or information given or furnished in respect of the
Tender but shall be bound only by written advice or information furnished by or on behalf of the Principal.

5.5 For the purposes of evaluation of Tenders, Tenderers shall provide such additional information as may be
requested by the Principal, including financial data.

6. TENDERER TO INFORM ITSELF

6.1 The Tenderer is deemed to have visited and inspected the site and its surrounds and satisfied itself of
conditions and facilities and otherwise acquainted itself with all matters relating to the proposed Contract
before submitting its Tender.

7. TENDERING BY GOVERNMENT AGENCIES

7.1 Notwithstanding clause 6.2.2 of AS4120-1994, the Principal may invite, consider or accept a Tender from
one or more government agencies.

8. COSTS OF TENDERING

8.1 Costs of tendering shall be borne by the Tenderer.

9. PRINCIPAL NOT BOUND

9.1 Notwithstanding the evaluation of Tenders (if any) in accordance with clause 10, the Principal may in its
absolute discretion and at any time accept, or decline to accept, any Tender.

9.2 Without derogating from the provisions in clause 9.1, the Principal may, in its absolute discretion, decline
to evaluate any Tender that it has determined to be an Alternative Tender.

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9.3 Notwithstanding that the Principal may have invited Tenders from selected organisations or has otherwise
procured submission of Tenders:

(a) the Tenderer acknowledges that the Principal may not, at the time of inviting tenders, have
satisfied itself as to the Tenderers financial capacity to satisfactorily perform and complete the
Contract in accordance with its terms; and

(b) the Principal may decline to consider or accept a Tender from a Tenderer who has not been able
to satisfy the Principal that it has sufficient financial capacity to satisfactorily perform and
complete the Contract in accordance with its terms.

9.4 The Tenderer may be requested to provide financial information to a party nominated by the Principal for
the purpose of an assessment by the Principal that the Tenderer has sufficient financial capacity to
satisfactorily perform and complete the Contract in accordance with its terms. The Tenderer must provide
such information within seven (7) days of request. A failure to provide the requested information within
seven (7) days may result in a decision by the Principal that the Tenderer does not have sufficient financial
capacity to satisfactorily perform and complete the Contract in accordance with its terms. In the provision
of financial information to the party nominated by the Principal, the Tenderer accepts that such information
may be provided by the Principal to the Queensland Building and Construction Commission for the
purposes of determining the continuing capacity of the licensee to meet any licensing criteria required by
the Queensland Building and Construction Commission Act 1991.

10. TENDER EVALUATION

10.1 The Principal shall evaluate Conforming Tenders in accordance with the tender evaluation criteria
contained in the Tender Documents or, in the absence of any stated tender evaluation criteria, on the basis
of best value for money for Government.

10.2 The Principal, if it determines to evaluate an Alternative Tender, shall evaluate such Alternative Tender on
the basis of best value for money for Government which may, or may not, be the tender evaluation criteria
contained in the Tender Documents.

10.3 Where both Conforming and Alternative Tenders have been evaluated, the Principal may accept that Tender
which on a view of all circumstances represents the best value for money for Government.

10.4 In the event that the Tender contains an ambiguity in relation to the Tender Sum, then the amount in words
at Item 2 of the Tender Form shall prevail.

11. TENDER EVALUATION PROCESS

11.1 In the evaluation of Tenders (if any) in accordance with clause 10, the Principal may, without being under
any obligation to do so, in its absolute discretion and at any time:

(a) seek clarification in respect of any aspect of a Tenderers Tender (including to request the Tenderer
to provide additional information, documents or evidence in connection with its Tender);

(b) shortlist or prefer any one or more Tenderers; and

(c) discuss or negotiate with, or receive presentations, further submissions or final offers from, any
one or more Tenderers in respect of their Tender, in such manner, and as to such aspects of the
Tender, as the Principal determines, including price.

11.2 The provisions of clause 11.1 and any exercise by the Principal of its rights under clause 11.1:

1 is without prejudice to any other rights of the Principal;

(d) apply notwithstanding clause 6.6 of AS4120-1994;

(e) except to the extent notified otherwise by the Principal in writing, are subject to the other express
provisions of these Conditions of Tender ;

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(f) shall not give rise to any representation by the Principal as to the acceptability or otherwise of any
Tender;

(g) shall not preclude the Principal from at any time considering or accepting any Tender (whether or
not the subject of the exercise by the Principal of its rights under clause 11.1);

(h) shall not give rise to any obligation (implied or otherwise) on the Principal except to the extent
expressly provided in these Conditions of Tender or notified by the Principal in writing.

11.3 Except to the extent the Principal expressly agrees otherwise, the provisions of these Conditions of Tender
shall continue to apply to any process which the Principal may undertake under clause 11.1 in connection
with the evaluation of Tenders.

12. PROJECT FUNDING

12.1 The Principal will not provide particulars of project funding arrangements to Tenderers.

13. INTELLECTUAL PROPERTY

13.1 Intellectual Property Rights in all material, whether of the Tenderer or a third party, submitted by a Tenderer
in its Tender is assigned to the Principal, without any requirement for further documentation or writing,
upon acceptance by the Principal of its Tender.

13.2 To the extent that any material submitted by a Tenderer is the subject of pre-existing Intellectual Property
Rights of third parties, the Tenderer warrants that it is able to procure an assignment of all such Intellectual
Property Rights to the Principal and agrees to obtain such assignment upon acceptance of its Tender.

13.3 The Tenderer indemnifies the Principal against any loss, costs, expenses, demands or liability, whether
direct or indirect, arising out of any claim by a third party against the Principal alleging that the material
contained in the Tender or acts by the Principal in relation to the Principals use of the Tender material
infringe any Intellectual Property Rights of that third party.

14. RIGHT TO INFORMATION AND DISCLOSURE

14.1 The Right to Information Act 2009 (RTI Act) provides members of the public with a legally enforceable
right to access documents held by Queensland Government agencies. The RTI Act requires that documents
be disclosed upon request, unless the documents are exempt or on balance, disclosure is contrary to public
interest.

14.2 Information contained in a Tender is potentially subject to disclosure to third parties. In the assessment of
any disclosure required by the Principal pursuant to the RTI Act, the Tenderer accepts that any information
provided in its Tender, including information marked as confidential, will be assessed for disclosure in
accordance with the terms of the RTI Act.

14.3 Notwithstanding any other provision of the Tender Documents or a Tender, if a Tender is accepted, the
Principal may publish on a Queensland Government website or by any other means, Contract information
including:
(a) the name and address of the Principal and the successful Tenderer;
(b) a description of the goods and/or services to be provided pursuant to the Contract;
(c) the date of award of Contract (including the relevant stages if the Contract involves more than one
stage);
(d) the Contract value (including the value for each stage if the Contract involves more than one stage
and advice as to whether any non-price criteria were used in the evaluation of tenders);
(e) the procurement method used; and
(f) for contracts with a value over $10 million, the Contract, or summary information in respect of the
Contract, between the Principal and the Contractor.

14.4 For open tenders, where the tender sum has a weighting of 100% in the tender evaluation criteria, the
Principal may publish the names of all Tenderers and lump sum tender sums tendered.

15. REGISTRATION AS A PRE-QUALIFIED TENDERER

15.1 The Principal may decline to consider or accept a Tender from a Tenderer who, prior to the award of a
Tender, does not hold a Certificate of Prequalification, or is not appropriately registered for the work the
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subject of the Tender, pursuant to the Prequalification (PQC) System released and current at the time and
date at which Tenders were invited.

16. COLLUSIVE ARRANGEMENTS

16.1 The Tenderer warrants that in submitting its Tender, except as expressly disclosed in its Tender:

(a) it has no knowledge of the tender sum of any other tenderer, nor has it communicated with any
other tenderer in relation to the Tenderers tender sum, or a price above or below which a tenderer
may tender (excluding any pricing advised by the Principal), nor has it entered into any contract,
arrangement or understanding with another tenderer to the effect that the Tenderer or another
tenderer will tender a non-competitive sum, for the work the subject of the Tender, at time of
submission of its Tender;

(b) it has not entered into any contract, arrangement or understanding to pay or allow any money
directly or indirectly to a trade, industry or other association (above the published standard fee)
relating in any way to its Tender or any contract that may be entered into consequent thereon;

(c) it has not paid or allowed any money or entered into any contract, arrangement or understanding to
pay or allow any money directly or indirectly to or on behalf of any other tenderer, nor received
any money or allowance from or on behalf of any other tenderer, relating in any way to its Tender
or any contract that may be entered into consequent thereon.

16.2 In addition to any other actions the Principal may take, any breach of the warranties given in this clause 16
will result in a review of the Tenderers PQC registration status.

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Tenderers must note:

1. That:
(a) if the Tenderer is awarded a Contract, the Principal will, in accordance with the Prequalification
(PQC) System, prepare and submit performance reports to the PQC Registrar. The performance
reports may include, amongst other things, information regarding;
(i) achievements or compliance with representations made in response to evaluation criteria listed
in Schedule 1 to the Conditions of Tender;
(ii) compliance with any legislation relating to workplace health and safety, industrial relations,
taxation and workers compensation legislation; and
(iii) compliance with the provisions of the Contract, including those clauses concerning
Subcontracting (clause 5), Occupational Health and Safety Audit (clause 6.2);
Apprentice/Trainee Policy (clause 35); Payment of Workers and Subcontractors (clause 38);
Site Personnel Register (clause 39); and Collusive Arrangements (clause 44);

(b) the Queensland Government has published a document entitled Queensland Code of Practice for the
Building and Construction Industry(the Code of Practice). Tenderers are reminded that by being
registered pursuant to the Prequalification (PQC) System they have provided an undertaking that they
will abide by the Code of Practice;

(c) an adverse performance report or non-compliance with the Code of Practice will result in a review of
the Contractors PQC registration status.

2. Where the work under the Contract involves residential construction work (as that term is defined in the
Queensland Building and Construction Commission Act 1991), payment of the required insurance premium
must be made to the Queensland Building and Construction Commission. The cost of complying with that
obligation shall be deemed to be included in the Tender.

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Schedule 1 to Conditions of Tender Tender Evaluation

Principals Determination

The Principal shall determine whether a Tender is an Alternative Tender or Conforming Tender and, in doing so,
shall have regard to:

1. whether the Tender contains errors of an administrative nature which do not amend or change the
substance of the offer;

2. whether the Tender contains clarification of an ambiguity; and

3. the extent to which the Tender does not contain all of the documents required by the Tender
Documents to be submitted.

In making a determination, the Principals consideration shall not be limited to the matters nominated at 1, 2 and 3
above.

Where, in addition to the Tender Sum, the Tenderer is required to submit information addressing other tender
evaluation criteria and the Tenderer fails to address any of the criteria then the Tender shall be deemed to be an
Alternative Tender.

Any Tender that contains qualifications shall be deemed to be an Alternative Tender.

In the event that the Tender contains an ambiguity in relation to the Tender Sum, then the amount in words at Item 2
of the Tender Form shall prevail.

Tender Evaluation Criteria Conforming Tenders

Where the weighting applied to the Tender Sum is equal to 100% Tenderers are not required to provide information in relation to any other
criteria.

Guide Note: Non-price criteria are suggested to be included where the contractor is to have
design responsibility under the contract. The text for criteria 2 & 3 is example only criteria
and weightings to be completed by project manager as applicable for the project. Delete this
Guide Note

Criterion 1. Tender Sum Weighting 100%

Criterion 2 Government Priorities Weighting %

The Government Priorities relevant to this Tender are:

[insert]

In submitting a Tender, Tenderers are expected to address these above priorities and include, as a minimum:
[insert]

Criterion 3 Project Specific Objectives Weighting %

Project Specific issues relevant to this Tender are;

1. Methodology; and
2. Resource Strategy.

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GUIDE NOTE

When non-price criteria have been approved to form part of the tender evaluation process, the responsible
Project Officer should complete this section in accordance with the relevant project specific issues. The format
and relevant project specific issues may be as follows:

In submitting a Tender, Tenderers are expected to address the extent to which the Tender;

Recognises the need for existing functions to remain operational;

Provides for effective communication strategies between all interested parties;
Provides a strategy for management of security which ensures the safety of workers, staff and the general
public;
Provides a strategy for community consultation and awareness; and
Provides for project specific, and backup, key team members.

Additional Project Specific issues expected to be addressed include;

A curriculum vitae for each person nominated;

The name of a referee for each person nominated. The Principal reserves the right to contact additional
referees not nominated in the Tender and to include the results of such contact in the tender
evaluation;
Project personnel organization chart, including allocated tasks.

Note: The above Guide Note is to be deleted and replaced with project specific version.

The Tenderer must objectively and numerically identify the extent to which the Tender addresses the above criteria
(other than the Tender Sum) and otherwise substantiate the Tender in respect of the criteria in a submission
containing not more than 5000 words. Responses to the above criteria (other than the Tender Sum) shall be bound
separately to the Tender Form and shall not include the Tender Sum.

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