Conditions of pre-qualification

Overview

The conditions for pre-qualification on the Construction Supplier Register


1. The Construction Supplier Register (CSR) is a pre-qualification scheme that is available to all Victorian Government departments and agencies.

2. To be eligible for pre-qualification, contractors and consultants must demonstrate that they possess the necessary qualifications, expertise, management systems and financial capacity to undertake particular categories of works and services for government.

3. Details of pre-qualified consultants and contractors are placed on a database (the Register) that is used by government agencies when selecting consultants and contractors for their construction projects.

4. The pre-qualification arrangements benefit both parties in that:

  • The process of determining eligibility to tender is separated from the tender assessment process;
  • Contractors and consultants do not have to compete against unrealistic tenders from under- resourced and/or inexperienced contractors and consultants;
  • CSR's clients can be reasonably assured that contracts awarded to pre-qualified contractors and consultants will be completed satisfactorily.

5. Contractors and consultants may apply at any time to register for pre-qualification by completing the application details set out for the various categories of pre-qualification.

6. Inclusion on the register does not assure an invitation to tender or an engagement of services. Clients of CSR may select pre-qualified tenderers from the Register, or may choose to advertise for tenders or expressions of interest in particular projects.

7. By applying for pre-qualification contractors and consultants agree to accept the CSR Conditions of Pre-qualification.

Applications for Pre-Qualification

8. Applications for pre-qualification or requests for an upgrade or amendment of existing pre-qualification levels can be made at any time by submitting a completed application / review form.

9. Applications for an upgrade of existing pre-qualification must demonstrate compliance with the eligibility requirements for the next level of pre-qualification. Full particulars of any changed circumstances must be provided with the application.

10. Completed application forms and attached documents may be forwarded to:

Construction Supplier Register
Department of Treasury and Finance
GPO Box 4379
Melbourne VIC 3001

Individual or Company

11. Individuals and companies may seek pre-qualification.

12. Companies will be required to nominate the names, qualifications and demonstrated experience of key personnel being offered to provide service

Related and Subsidiary Companies

13. Pre-qualification of a contractor or consultant does not extend to related or subsidiary companies owned or controlled by the contractor or consultant.

14. Any such company should apply to register for pre-qualification in its own right.

Conditional Pre-Qualification

15. CSR may limit a contractor's or consultant's pre-qualification level within a category based on various criteria, which may include the contractor's or consultant's field of expertise and demonstrated ability.

Assessment and Notification

16. Applicants should allow a minimum of four weeks from the date of application for the assessment to be completed.

17. By signing the application form consultants and contractors authorise the Manager Construction Supplier Register to seek verification on the information supplied and related matters.

18. Applicants shall, on request, provide any necessary authority to enable relevant enquiries to be carried out.

19. Applicants will be notified in writing of their acceptance or non-acceptance for pre-qualification.

20. Unless circumstances warrant an earlier review a contractor's or consultant's pre-qualification status will remain valid for a period of 1 year from the date of approval or the date of any review that confirms the status

21. Consultants and contractors will only be considered for pre-qualification in the categories of work and up to the financial limits for their demonstrated experience and capacity.

Updating of Register Details

22. Pre-qualified consultants and contractors must notify CSR promptly of any:

  • substantial change in their financial or technical capacity
  • change in their business (such as company name, address)
  • change to ownership or holding, including any transfer of key personnel

23. Individuals who are pre-qualified are required to notify the Manager Construction Supplier Register of any change in their employment, or if they move from a partnership or company.

Performance Assessment

24. Clients of CSR regularly prepare performance reports on pre-qualified consultants and contractors. CSR may retain details of these reports for use by the client when selecting a consultant or contractor.

25. The performance report information obtained may also be used as a basis for reviewing pre-qualification status.

26. Pre-qualified consultants or contractors who consistently fail to meet the required performance standards of government clients may have their pre-qualification downgraded or removed from the pre-qualification scheme entirely.

Review of Pre-Qualification

27. A review of the pre-qualification status of a consultant or contractor may be initiated:

  • as part of a regular, periodic review undertaken by CSR
  • at the request of a government client of CSR
  • at the request of a pre-qualified consultant or contractor (for their own review)
  • at any other time determined by the Manager, CSR

28. The contractor or consultant must provide any details required for the review upon request. Failure to comply with any request by CSR for such information may result in suspension of pre-qualification.

29. Pre-qualified consultants and contractors will be notified in writing of the result of any review of pre-qualification.

Re-Classification, Suspension and Deregistration

30. CSR may, in its absolute discretion, review and reclassify, suspend or deregister consultants or contractors who, at any time, are considered to have:

  • performed in an unsatisfactory manner
  • breached any of the pre-qualification conditions.
  • changed financial or technical capacity significantly

31. Before such action is taken the company or individual will be given details of the matters prompting the decision and will have an opportunity to show cause why pre-qualification should not be re-classified, suspended or deregistered.

32. Where pre-qualification is suspended, the contractor or consultant will be entitled to apply for reinstatement within a nominated period.

33. Such applications will be required to demonstrate that any matters that led to suspension have been rectified.

34. If an application for reinstatement is not received by CSR within the nominated period pre-qualification will be rescinded and the consultant or contractor removed from the register.

Determination

35. A determination by CSR of any application for pre-qualification or for reclassification, suspension or deregistration is at CSR's absolute discretion.

36. CSR will not be liable for any costs or damages incurred in the exercise of such discretion.

Right of Appeal

37. Consultants or contractors whose completed applications are not accepted, or who have been reclassified, suspended or deregistered may appeal the decision by writing to:

Director Construction Code Compliance Unit
Department of Treasury and Finance
GPO Box 4379
Melbourne VIC 3001

Australia

38. Appeals must be made within 20 business days from the receipt of notification of the assessment that is being appealed.

Procedure For Lodging A Complaint Against A Pre-qualified Contractor or Consultant

Scope of Complaints

A person who believes that a contractor or consultant is not compliant with a Pre-Qualification Condition or is in breach of a Legal Obligation may lodge a complaint with the Manager Construction Supplier Register.

Complaints Procedure

39.1. A complaint must:a) be in writing; and b) contain or be accompanied by all the information relied on to support the claims made in the complaint.

39.2 Once received, the Manager Construction Supplier Register must notify the Contractor or Consultant of the complaint and its basis, and invite the Contractor or Consultant to respond.

39.3 The Contractor or Consultant has 14 days, or such other period as the Manager Construction Supplier Register considers appropriate in the circumstances, to respond to the complaint.

39.4 In dealing with the complaint, the Manager Construction Supplier Register may: a) inform him or herself in any way he or she sees fit;  b) seek advice from Industrial Relations Victoria if the complaint alleges the Contractor or Consultant is not compliant with the industrial relations Pre-Qualification Condition or is in breach of a Legal Obligation relating to the Contractor's or Consultant's own employees or the employees of a sub-contractor engaged by the Contractor or Consultant.

39.5 If, on the information available, the Manager Construction Supplier Register: a) is satisfied that the Contractor or Consultant: i) is not compliant with a Pre-Qualification Condition or is in breach of a Legal Obligation; and  ii) in all relevant circumstances, the non-compliance or breach is not trivial – invite the Contractor or Consultant to show cause why a sanction should not be applied; or b) if not satisfied – must take no further action.

39.6 In the event the Contractor or Consultant is invited to show cause, the invitation must: a) be in writing; b) specify the sanction or sanction range that is under consideration by the Manager Construction Supplier Register; c) be accompanied by the information relied on by the Manager Construction Supplier Register in relation to the specified sanction or sanction range; and d) give the Contractor or Consultant 14 days, or such other period as the Manager Construction Supplier Register considers appropriate in the circumstances, to show cause.

39.7 A sanction may be: a) a warning, including that recurrence may lead to further sanctions; b) a refusal to register the Contractor or Consultant on the Construction Supplier Register, including for a specified period; c) suspension or deregistration from the Construction Supplier Register or re-classification, including for a specified period; and/or d) a recommendation to the Administering Department that it exercise a specified contractual right.

39.8 The Manager Construction Supplier Register must not determine or apply a sanction before the show cause period referred to in paragraph 6(d) has expired.

39.9 The Manager Construction Supplier Register must notify the complainant and Contractor or Consultant of his or her decision in writing before any sanction is applied.

General

40.1 In performing his or her functions, the Manager Construction Supplier Register must act fairly, but, subject to any mandatory step, is not bound to adopt any particular form of procedure.

40.2 Any submission authorised by a mandatory step or requested by the Manager Construction Supplier Register shall be in writing, unless the Manager Construction Supplier Register in his or her discretion decides otherwise.

40.3 In the event information relied on by the complainant or the Contractor or Consultant is commercial in confidence or subject to the Information Privacy Act 2000, the Manager Construction Supplier Register may only disclose or provide the information to the other or a third party if the owner of the information consents. If consent is unreasonably withheld, the Manager Construction Supplier Register may take that fact into account, including by drawing any reasonable inference.

Confidentiality and Publicity

41. Use of information by CSR

The pre-qualification scheme is primarily for the benefit of CSR's clients. Except as noted below, information provided to CSR remains confidential from all parties except clients who use the Register to select consultants or contractors for their public construction projects.

From time to time CSR provides services to a client's head consultant, particularly for projects where sub-consultants are required to be pre-qualified.

CSR may use external assessors to assist with new applications and reviews of pre-qualification. In these cases, the external assessors will be required to maintain confidentiality of all information received.

42. Consent to place information on the CSR web site

CSR will publish the names, addresses and pre-qualification categories of Contractors or Consultant's on the CSR internet web site, unless the Contractor or Consultant requests otherwise in their application.

It should be noted that the CSR Internet web site is accessible to the public.

No responsibility is accepted by CSR for any consequences arising from the publication of any such information.

43. Use of information by the Contractor or Consultant

Pre-qualified contractors or consultants may not advertise, promote or publish their pre-qualification status without the prior written consent of CSR.

Tender And Contract Conditions

44. Inclusion on the register does not assure an invitation to tender or an engagement of services.

45. Pre-qualification entitles a Contractor or Consultant to be considered for invitation to tender within certain categories of works and services. It does not obviate the need for a Contractor or Consultant to fully comply with the Conditions of Tendering and other Contract Conditions that may apply to a particular project or tender invitation.

  • "Pre-Qualification Condition" means any condition that from time to time is specified as a condition that applies to the Construction Supplier Register.
  • "Legal Obligation" means any legal requirement or duty that forms part of a Pre-Qualification Condition and is binding on a Contractor or Consultant. "Administering Department" means the Department which administers a contract to which a Contractor or Consultant is party.

For more information contact us

Construction Supplier Register
Department of Treasury and Finance
GPO Box 4379
Melbourne VIC 3001
Tel. (03) 9651 5104
Email Construction Supplier Register