Terms and Conditions
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Macquarie University Property Contractor / Consultant Pre-Qualification Scheme
The University Means the Macquarie University, Sydney, ABN 90 952 801 237
The Contractor Means a Consultant, Contractor, sole trader or any other business entity
The NSW Government Code of Practice for Procurement sets the framework for all business relationships by:
- establishing the standards of behaviour expected from government agencies (as clients), employer and industry associations and unions; and
- requiring a strong commitment to continuous improvement and best practice performance by all participants in the supply chain.
Lodgement of an application will be evidence of the applicant's agreement to comply with the Code. Failure by a contractor to comply with the Code will be taken into account when considering the contractor for future business opportunities with Macquarie University.
Contractors must have a satisfactory record of compliance with the Code. This also includes ensuring that contractors and their subcontractors, consultants, and suppliers comply with their legal obligations regarding their employees.
The University only prequalifies contractors that are recognised and acceptable legal entities having appropriate financial assets. The University will not prequalify a Business Name, Trust or an entity that is under any form of external administration. Contractors trading under a Trustee company arrangement must demonstrate that they meet the Scheme requirements.
Prequalification of a contractor does not extend to related, associated or subsidiary business entities owned or controlled by the contractor or joint ventures to which the contractor is a party.
The University will not prequalify:
- related, associated or subsidiary business entities for the same category of work and financial range unless the business relationships between the applicant entities and any already prequalified entity or entities satisfy the NSW Government Code of Practice for Procurement - Standards of Behaviour; or
- a joint venture for the same category of work and financial range as any of the parties to the joint venture.
Contractors must have traded successfully for three (3) years prior to the date of their application.
By responding to this Prequalification schemer, the Contractor agrees that the University may engage private sector consultants to financially assess the Contractor.
Contractors prequalified under this Scheme must immediately inform the University of any substantial change in their financial capacity, technical capacity, capability, ownership status, contact details or address. Contractors must advise of a change in status by writing with full details to:
The Commercial Manager
Prequalified contractors should have in place a system for the monitoring, tracking and management of the firm's own performance on contracts procured through the NSW Government Procurement System for Construction.
The system is to enable the Contractor to:
- Arrange to proactively schedule and attend face to face Contractor Performance meetings with the Client's Project Manager (to take place as generally notified on a case by case basis but in any event when unsatisfactory performance is indicated).
- Manage the receipt and storage of completed and signed copies of Contractor Performance Reports (CPR) provided by the Client's Project Manager. The contractor is to request the completion of any outstanding or incomplete CPRs from the Client's Project Manager. (Note that the Client's Project Manager is required to promptly provide copies of CPRs to the Contractor on request as a condition of their prequalification with the University under the Consultant Prequalification Scheme).
- Review performance status and trends of all contracts at an Executive level including analysis of performance status and trends on individual contracts.
- Identify performance issues requiring resolution and or improvement including deciding on and implementing corrective actions.
- Review of Contractor's own system for performance monitoring, tracking and management by the Executive including the implementation of improvements.
Contractors seeking or achieving prequalification under the Scheme are to be aware that the firm will be subject to a process of continuous monitoring and review in all matters related to the Scheme including the contractor's performance and project outcomes.
The monitoring is not exclusive to work arranged by the University or undertaken using the NSW Government Procurement System for Construction. Government agencies have agreed to exchange information on the performance of contractors.
This monitoring may include, but not be limited to:
- Contractor Performance Reports (CPR's)
- Stakeholder Performance Reports (SPR's)
- Project Manager Performance Reports
- Project Director Performance Reports
- The Code of Practice for Procurement
- Tendering Performance on contracts including whether the contractor has:
- declined tendering opportunities offered without providing valid reason
- failed to submit a tender without providing any valid reason after having accepted the tendering opportunity
- submitted late tenders
- submitted qualified, non-complying or uncompetitive tenders.
- The preparation of proper and conclusive accident and incident reports on any of the contractor's contracts in NSW
- The level of appropriateness of corrective actions implemented by the contractor following the report of a serious WHS event on the contractor's sites
- Results of any Quality Assurance Audit, or Environmental Management System Audit, or WHS Management System Audit conducted for or on behalf of the University or any NSW Government Agency or by any properly credentialed Auditor or Auditor group
- The number of WorkCover Authority of NSW notices or on-the-spot fines issued to the contractor on any of its contracts
- Convictions or prosecutions for workplace safety or environmental law breaches
- Failure to obey an adjudicator's determination under The Building and Construction Industry Security of Payment Act 1999 (NSW), subject to other legal rights
- Industrial relations issues that have resulted in a significant disruption to the works progress on the contractor's Universityal contracts
- Project outcomes
- Client satisfaction
- Project Management systems
- Ethical business practices
- Financial Performance
Contractors must demonstrate positive consistent performance. The average weighted Contractor Performance Report (CPR) score achieved by a contractor for each contract as well as on each individual CPR report, will be compared with a required minimum benchmark score. This will apply to all contracts undertaken during the life of the Scheme. The minimum benchmark score required is as follows:
Benchmark CPR Score (Minimum requirement)
The University may at its sole discretion suspend a prequalified contractor from receiving the benefits of Prequalification under the Scheme, including receiving tendering opportunities, for up to three months if the University considers from the monitoring of performance, that the contractor has not complied with the requirements of the Scheme.
Before the Prequalification / Best Practice Accreditation status of a contractor is suspended the University will advise the contractor of the matters prompting the proposed action and will give the contractor the opportunity to give reasons why its Prequalification / Best Practice Accreditation should not be suspended.
A contractor suspended from the Scheme must inform the University when the actions required to address the reasons for the suspension have been implemented.
The University will regularly review the status of a suspended contractor. If the action taken by the contractor is considered by the University to be insufficient, the suspension period may be extended and the contractor will be notified accordingly. Alternatively, the University will revoke the suspension if it is satisfied that the contractor has taken appropriate action to address the reasons for the suspension.
The University may at its sole discretion downgrade a contractor's Prequalification / Best Practice Accreditation under the Scheme when the University considers that a contractor has:
- demonstrated unsatisfactory tendering performance with tenders under the Scheme, for example declining tendering opportunities without providing valid reasons, accepting a tendering opportunity but not lodging a tender, lodging late tenders or lodging uncompetitive tenders;
- experienced an adverse change in capacity; or
- experienced an adverse change in business status.
Before the Prequalification / Best Practice Accreditation status of a contractor is downgraded the University will advise the contractor of the matters prompting the proposed action and will give the contractor the opportunity to give reasons why its Prequalification / Best Practice Accreditation should not be downgraded.
The University may at its sole discretion remove a contractor's prequalification when the University considers that a contractor has not met one or more of the scheme requirements including:
- breached any of the conditions for prequalification
- failure to meet financial requirements
- been the subject of substantiated reports of unsatisfactory performance for other NSW Government agencies
- been determined by the University's Panel of Assessors as not suitable for future work
- unsatisfactory tendering performance
- experienced an adverse change in capacity or capability
- experienced an adverse change in business status
- Failure by the Contractor to promptly and adequately resolve the reasons for a temporary suspension from the Scheme
- Serious accidents and WHS incidents on any of the contractor's contracts in NSW;
- Convictions for WHS law breaches
- A pattern of unsatisfactory results of WHS Management System audits or Quality Management System audits or Environmental Management System audits conducted for or on behalf of any NSW Government agency. (Note: There is no suggestion or requirement that audits for each of the above three separate disciplines are to be done concurrently)
- Failure to obey an adjudicator's determination under The Building and Construction Industry Security of Payment Act 1999 (NSW) , subject to other legal rights
- The contractor's project outcomes, business management systems, client satisfaction and ethical business practices do not meet the standards required of a contractor Prequalified under the Scheme
Before the Prequalification / Best Practice Accreditation of a contractor is removed the University will advise the contractor of the matters prompting the proposed action and will give the contractor the opportunity to give reasons why its Prequalification / Best Practice Accreditation should not be removed.
If a contractor is not satisfied with a decision made in relation to its Prequalification, the Contractor may request a formal review of the decision.
The request for a review must be sought, in writing, within 20 business days of the date of receipt of the notice (letter or email message) advising of the original decision. The request for a review must provide full details of the reasons for the request and any additional information upon which the Contractor wishes to rely.
The request for the review is to be made to:
The Project Management Director
The Contractor will be informed in writing of the outcome of the review, within 20 business days of the request and that decision shall be final.
Prequalified contractors must not advertise, promote or publicise in any form their Prequalification without the written consent of the University.
The University reserves the absolute discretion to:
- accept a Prequalification application with or without conditions; or
- reject a Prequalification application; or
- suspend a contractor's Prequalification; or
- downgrade a contractor's Prequalification; or
- remove the Prequalification of a contractor.
In the exercise of such discretion, the University will not be liable for any costs or damages incurred by the contractor.
The receipt of Prequalification by a contractor does not guarantee:
- continuity of the Prequalification over the duration of the scheme;
- receipt of opportunities to tender; or
- that engagements or work of any kind or quantity will be offered.
The Scheme will be monitored by the University to assess whether the objectives and intent of the Scheme are being met.
Modifications to the Scheme, including to work categories, contract value ranges and/or contract systems, may be made at the sole discretion of the University at any time during the life of the Scheme to cater for:
- changes to University and government policies and government agency circumstances;
- an increase in construction work available beyond that anticipated at the commencement of the Scheme;
- significant vacancies developing in a panel; or
- new requirements which necessitate the creation of sub-categories and additional panels within those categories.