As 4120 code of tendering pdf

Accessed by CENTRAL QUEENSLAND UNIVERSITY on 02 May 2018 (Document currency not guaranteed when printed)

A S41 20 — 19 94

Au str ali an St an da rd

C o d e of te n d er

This Australian Standard was prepared by Committee OB/10, Construction Industry Practice. It was approved on behalf of the Council of Standards Australia on 28 October 1994 and published on 31 December 1994.

The following interests are represented on Committee OB/10:

Association of Consulting Engineers Australia

Australian Chamber of Commerce and Industry

Australian Institute of Purchasing and Materials Management

Australian Liquor Hospitality and Miscellaneous Workers Union

Construction Industry Development Agency

Construction Industry Engineering Services Group

Law Council of Australia

Master Builders Australia

MTIA/National Construction Council

National Public Works Council

Royal Australian Institute of Architects

Review of Australian Standards. To keep abreast of progress in industry, Australian Standards are subject to periodic review and are kept up to date by the issue of amendments or new editions as necessary. It is important therefore that Standards users ensure that they are in possession of the latest edition, and any amendments thereto. Full details of all Australian Standards and related publications will be found in the Standards Australia Catalogue of Publications; this information is supplemented each month by the magazine ‘The Australian Standard’, which subscribing members receive, and which gives details of new publications, new editions and amendments, and of withdrawn Standards. Suggestions for improvements to Australian Standards, addressed to the head office of Standards Australia, are welcomed. Notification of any inaccuracy or ambiguity found in an Australian Standard should be made without delay in order that the matter may be investigated and appropriate action taken.

Ac ce ss ed by C E N T R AL Q U E E N SL A N D U NI V E R SI T Y on 02 M ay 20 18 (D oc u m en t cu rre nc y no t gu ar

AS 4120—1994

Australian Standard

PUBLISHED BY STANDARDS AUSTRALIA (STANDARDS ASSOCIATION OF AUSTRALIA) 1 THE CRESCENT, HOMEBUSH, NSW 2140

ISBN 0 7262 9426 8

Ac ce ss ed by C E N T R AL Q U E E N SL A N D U NI V E R SI T Y on 02 M ay 20 18 (D oc u m en t cu rre nc y no t gu ar

First published as AS 4120(Int)— 1993. Revised and designated AS 4120—1994.

Code of tendering

AS 4120—1994 4

PREFACE

This Standard was prepared by the Standards Australia Committee on Construction Industry Practice to supersede AS 4120(Int) — 1993, Code of tendering . The previous edition of this Standard was developed and issued to public comment by the Construction Industry Development Agency (CIDA) Code of Practice Working Party and forwarded to the Standards Australia Committee on Construction Industry Practice for endorsement as an Interim Australian Standard. This edition incorporates the following major changes from the previous edition:

(a) Clause 6.1.1 — includes a statement on project funding. (b) Clause 6.1.2 — expands on the objectives of the tender documents. (c) Clause 6.1.3 — includes a statement on the application of pre-qualification criteria.

(d) Clause 6.2.1 — includes a statement on commitment to proceed with project. (e) Clause 6.2.2 — expands on inclusions in the advertisement. (f) Clause 6.5 — clarifies tender requirements and tender evaluation criteria. (g) Clause 8 — includes a statement on commercial in confidence.

NOTES:

1 In developing this Standard, Recommendations 6, 11 and 12, 13 and 20 of the Construction Industry Development Agency’s Report on Security of Payment, were taken into consideration in Clauses 6.1.1, 6.1.2(h), 6.6 and 6.1.2(e) respectively. Recommendation 10 of that Report recommends the use of this Standard. Users may refer to that report for further information concerning CIDA’s Security of Payment recommendations.

2 The Principal should recognize the cost of preparing tenders, especially in the case of certain procurement systems, which require Tenderers to prepare documentation (including design or the preparation of alternative proposals) as part of their tender. In appropriate circumstances this may require the Principal to consider payment to Tenderers to offset these costs.

Ac ce ss ed by C E N T R AL Q U E E N SL A N D U NI V E R SI T Y on 02 M ay 20 18 (D oc u m en t cu rre nc y no t gu ar

Except where the Copyright Act otherwise allows, no part of this publication may be reproduced, stored in a retrieval system in any form or transmitted by any means without prior permission in writing of both the Standards Association of Australia and the Construction Industry Development Agency.

STANDARDS ASSOCIATION OF AUSTRALIA CONSTRUCTION INDUSTRY DEVELOPMENT AGENCY

 Copyright

CONTENTS Page

FOREWORD..................................................................................................................................4

1 SCOPE.....................................................................................................................................5 2 APPLICATION.......................................................................................................................5 3 DEFINITIONS.......................................................................................................................5 4 ETHICS...................................................................................................................................5 5 TENDERING PROCEDURES..............................................................................................6 6 OBLIGATIONS OF THE PRINCIPAL.................................................................................6 7 OBLIGATIONS OF TENDERERS.....................................................................................10 8 CONFIDENTIALITY..........................................................................................................11

Ac ce ss ed by C E N T R AL Q U E E N SL A N D U NI V E R SI T Y on 02 M ay 20 18 (D oc u m en t cu rre nc y no t gu ar

FOREWORD

The purpose of this Standard is to encourage high ethical standards in tendering in the construction industry, in the belief that significant benefits will flow to the entire community through the delivery of higher productivity, high quality construction work, better working conditions and elimination of malpractice. It constitutes a statement of the ethics which underline best-practice tendering procedures. It imposes an obligation on all those parties to refuse to condone unethical behaviour by others in the industry. Inherent in adoption of this Standard is a willingness to deal only with industry organizations and personnel whose standards of performance and behaviour conform to those expected by this Standard.

Ac ce ss ed by C E N T R AL Q U E E N SL A N D U NI V E R SI T Y on 02 M ay 20 18 (D oc u m en t cu rre nc y no t gu ar

COPYRIGHT

STANDARDS AUSTRALIA

Australian Standard Code of tendering

1 SCOPE This Standard sets out the ethics and the obligations of the Principal and Tenderers in tendering in the construction industry. A separate Standard covers the selection of consultants providing professional services.

2 APPLICATION This Standard applies equally to Principals, their agents, contractors, subcontractors and suppliers and their associations and professional organizations.

3 DEFINITIONS 3.1 Construction industry—includes all building, refurbishment, maintenance, civil engineering, process engineering, mining and heavy engineering projects. It excludes cottage construction.

3.2 Intellectual property—all 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.

3.3 Principal—any party inviting and receiving tenders. A Principal may include a contractor or subcontractor.

3.4 Tenderer—any party submitting tenders, including contractor, subcontractor and supplier.

4 ETHICS This Standard is based on the following principles: (a) Tendering at all levels in the construction industry shall be conducted honestly and in

a manner that is fair to all parties involved.

(b) Parties shall comply with all legislative obligations including those required by trade practices and consumer affairs legislation.

(c) The Principal shall have regard to the costs of tendering and the number of Tenderers, recognizing that the cost of tendering is a significant industry overhead.

(d) Tenderers shall only tender where they intend to carry out the work. (e) The Principal shall call for tenders only after the Principal has arranged funding for the

project and has made a firm commitment to proceed with the project.

(f) The conditions of tendering shall be the same for each Tenderer.

(g) Parties shall not engage in practices such as collusion on tenders, inflation of prices to compensate unsuccessful Tenderers, secret commissions, or any other such improper arrangements.