Conditions of pre-qualification to Residential Cladding Rectification Register

The conditions for pre-qualification to the Residential Cladding Rectification Register.

1) The Residential Cladding Rectification Register

a) The responsible Minister has established the Residential Cladding Rectification Register containing pre-qualified suppliers of construction works and construction services for use on residential projects to rectify or remove combustible cladding for which Victorian Government financial assistance has been provided.

b) The Residential Cladding Rectification Register will be used and accessible by owners of residential buildings that have been identified through the Victorian Statewide Cladding Audit for the rectification and/or removal of combustible cladding products on the building. Owners corporations of such buildings will be identified by Cladding Safety Victoria and will have been issued a Building Order or Building Notice by the Victorian Building Authority acting as the Municipal Building Surveyor requiring the rectification and/or removal of combustible cladding products.

c) The Residential Cladding Rectification Register:

i) Will be accessible by Users nominated by owners corporations of residential buildings set out in paragraph 1(b);

ii) Will provide Users of the Residential Cladding Rectification Register with the following information regarding each pre-qualified supplier:

(1) Name, trading name, ABN, address, telephone, facsimile, web page;

(2) Residential Cladding Rectification Register pre-qualification number, pre-qualification category(ies) and project limits the Lead Department has approved the pre-qualified supplier to be engaged for;

(3) Copy of the Victorian Building Authority registration as a building practitioner (where applicable).

iii) Will be managed by the Lead Department (currently the Department of Treasury and Finance).

d) At the time of application, an applicant may elect to apply for any category within the Residential Cladding Rectification Register.

e) The Secretary to the Department of Treasury and Finance has created the Construction Supplier Register containing pre-qualified suppliers of construction works and construction services for use on government building projects. Mutual recognition of pre-qualification status is available between the Residential Cladding Rectification Register and the Construction Supplier Register sub-category Cladding rectification. Applicants applying for and pre-qualified suppliers within the Residential Cladding Rectification Register are eligible for recognition under the Construction Supplier Register sub-category Cladding rectification if they so apply.

f) All applicants and pre-qualified suppliers agree and acknowledge that any information disclosed by them, or gathered regarding them, by either the Lead Department or the Construction Supplier Register will be automatically used and disclosed between each register.

g) All applicants and pre-qualified suppliers agree and acknowledge that any information disclosed by them, or gathered regarding them by either the Lead Department, the Construction Supplier Register, the Residential Cladding Rectification Register, or any information held by the Victorian Building Authority or the Architects Registration Board of Victoria, will be shared between the Lead Department, the Construction Supplier Register, the Residential Cladding Rectification Register, the Victorian Building Authority and the Architects Registration Board of Victoria.

2) Conditions of Pre-qualification

a) By submitting an application, the applicant agrees to be bound by and to comply with these Conditions of Pre-qualification to the Residential Cladding Rectification Register.

b) These Conditions of Pre-qualification to the Residential Cladding Rectification Register apply to:

i) this open invitation to apply and any other information given, received or made available in connection with this open invitation to apply, including any additional materials, revisions, or addenda;

ii) the application process; and

iii) any communications (including any briefings, presentations, meetings or negotiations) relating to this open invitation or the application process.

c) In addition to any other remedies available to it under law, any failure to comply with these Conditions of Pre-qualification to Residential Cladding Rectification Register will entitle the Lead Department, in its absolute discretion, to disqualify an applicant from the open invitation process and/or remove the pre-qualified supplier from the Register.

3) Applications for the Register

a) To be eligible for registration on the Residential Cladding Rectification Register, applicants must:

i) Meet the eligibility criteria set out at eligibility criteria for applications to Residential Cladding Rectification Register and

ii) Submit an application in the form described at Applying for pre-qualification, which is accepted by the Lead Department at its discretion.

b) Applicants are invited to apply to the Register at any time.

c) Only those applications which are complete and fully satisfy all the eligibility criteria will be considered by the Lead Department for pre-qualification pursuant to this open invitation.

d) Applicants apply subject to these Conditions of Pre-qualification to the Residential Cladding Rectification Register and at their own risk and expense.

e) The Lead Department may undertake further enquiries regarding the applicant at its discretion, including but not limited to:

i) Seeking further information or documentation from the applicant;

ii) Contacting the applicant’s referees;

iii) Seeking further information or documentation from third parties (including, but not limited to, the Victorian Building Authority and the Architects Registration Board of Victoria) to verify the information supplied by the applicant;

iv) Seeking information or documentation about the applicant’s disciplinary action, complaints, and/or registration history with the applicant’s regulator (if applicable);
And each applicant hereby provides all necessary authority and consent required to enable such enquiries to be carried out, and will confirm such authority to any party if requested to do so.

f) A determination by the Lead Department of any application to the Register, or for reclassification, suspension or deregistration will be based on the requirements in the application form, eligibility criteria and the Conditions of Pre-qualification to the Residential Cladding Rectification Register and is at the Lead Department’s absolute discretion.

g) Applicants will be notified in writing of their acceptance or non-acceptance on the Register and which category(ies) and project limit(s) apply to that pre-qualification.

4) Pre-qualification as a pre-qualified supplier

a) If the Lead Department decides to approve the application, the Lead Department will grant pre-qualification to the applicant (thereby becoming a pre-qualified supplier) and enter its details on the Register.

b) The Lead Department may limit a pre-qualified supplier’s category(ies) of pre-qualification or project limit within the Registers based on various criteria, which may include their company structure, field of expertise, experience, and/or demonstrated ability. Pre-qualification categories and project limits are described at Applying for pre-qualification.

c) Pre-qualification does not extend to related or subsidiary companies owned or controlled by the Applicant and is not transferable to any other entity. Any such company should apply for pre-qualification in its own right.

d) Pre-qualification does not guarantee that the applicant will be engaged for any work.

5) Updating pre-qualifications

a) All pre-qualified suppliers are responsible for promptly notifying the Lead Department of any:

i) Significant change in their financial or technical ability;

ii) Change in their business (such as company name, contact details);

iii) Change to ownership or holding, including changers to key personnel;

iv) Change to their registration details with their regulators (if any); and/or

v) Pending or actual disciplinary action taken or likely to be taken against them or against their employees by their regulator (if any), including, but not limited to, the Victorian Building Authority and the Architects Board of Victoria.

b) Individuals who are pre-qualified suppliers are required to notify the Lead Department of any change in their employment, or if they change the entity by which they operate (such as from a sole practitioner to a partnership or a company).

c) Notices must be sent to the Lead Department.

6) Duration of pre-qualification

a) A pre-qualification:

i) takes effect from the time that the Lead Department enters the details of the successful applicant on the Register(s); and

ii) remains in force until the Lead Department removes the pre-qualification or dissolves the Register(s).

b) The Lead Department reserves the right to dissolve the Register at its discretion and at any time.

7) Review of the status of pre-qualified suppliers

a) A review of the status of pre-qualified supplier may be initiated:

i) As part of a regular, periodic review undertaken by the Lead Department;

ii) At the request of a pre-qualified supplier for a review of themselves in seeking to change their pre-qualification category(ies) or project limit;

iii) At the request of the Victorian Building Authority, Cladding Safety Victoria, or other agency with an interest in this Register;

iv) At any other time determined by the Lead Department.

b) Pre-qualified suppliers will be notified in writing of the result of any review.

c) Upon the completion of a review, the Lead Department may reclassify, suspend, or remove from the Register any pre-qualified supplier who, at any time, is considered to have:

i) Not complied with the requirements in the application or eligibility criteria;

ii) Not complied with these Conditions of Pre-qualification to the Residential Cladding Rectification Register;

iii) Failed to comply with any request by the Lead Department for information or documentation;

iv) Performed in an unsatisfactory manner;

v) Changed financial or technical capacity significantly;

vi) Had disciplinary action commenced or taken against them by their Regulator; and/or

vii) Otherwise, at the Lead Department’s discretion, is no longer appropriate to be included in the Register.

8) Right of Review

a) Applicants whose completed applications are not approved, or pre-qualified suppliers who have been reclassified, suspended or removed from the Register may seek a review of the decision by writing to the Lead Department.

b) All requests for reviews of a decision must be received by the Lead Department in writing within 4 weeks of receipt of notification of the decision being reviewed, and must contain full details of the reasons and supporting documentation. 

c) The Lead Department must, within 8 weeks after receipt of the request for review, determine the request and make such decision as it thinks appropriate. The Lead Department’s decision will be final and binding on the applicant or pre-qualified supplier (as the case may be). The Lead Department:

i) will notify the applicant or pre-qualified supplier (as the case may be) of the decision by notice in writing;

ii) is not required to provide reasons for its decision; and

iii) will not be liable for any costs or damages incurred in the exercise of any discretion or the making of any decision.

9) Contract Conditions

a) An inclusion on the Register does not assure an invitation to tender or an engagement of services.

b) Owners of residential buildings set out in paragraph 1(b) are responsible to tender for construction services and works and to enter into a contract with each supplier selected from this Register. Neither the State nor any State Entity will be a party to any tender or contract.

c) Pre-qualification entitles a pre-qualified supplier to be considered for tender or an engagement of services. It does not remove the need for a supplier to fully comply with the conditions of tendering or other contract conditions that may apply to a particular project or tender invitation.

d) All agreements for cladding works entered into through selection on the Register must include, and the pre-qualified suppliers must comply with, contract clauses that:

i) Require the pre-qualified supplier to participate in a shared performance reporting process, where information on the performance of the pre-qualified supplier is collated centrally by the Lead Department (shared performance reporting information);

ii) Require the pre-qualified supplier to cooperate with, and provide any assistance and information reasonably required by the party that engaged the pre-qualified supplier in relation to the shared performance reporting process;

iii) Require the pre-qualified supplier to consent to the collection, use and disclosure of information regarding it in the shared performance reporting process;

iv) Require the pre-qualified supplier to acknowledge and agree that a contract for construction services with value greater than $200,000 (inclusive of GST), or that a contract for works with a value greater than $500,000 (inclusive of GST), is subject to the shared performance reporting process; and

v) Agree that shared performance reporting information or reports may be made available by the party that engaged the supplier to other parties or government departments or agencies or municipal, public or statutory authorities, and that the shared performance reporting information may be taken into account by the other parties or those other government departments or agencies or authorities when considering the pre-qualified supplier for future tendering and contracting opportunities.

10) Use of Information

a) All applicants and pre-qualified suppliers consent to and agree that information obtained relating to them will be collected, used and disclosed as required and for the purposes of these Conditions of Pre-Qualification.

b) All information:

i) provided by applicants and/or pre-qualified suppliers to:

(1) The Residential Cladding Rectification Register;

(2) The Construction Supplier Register (where applicable) through the operation of mutual recognition;

and/or

ii) collated or obtained in relation to applicants or pre-qualified suppliers by:

(1) The Construction Suppliers Register (where applicable) through the operation of mutual recognition;

(2) The Construction Suppliers Register sub-category Cladding rectification (where applicable) through the operation of mutual recognition;

(3) The Residential Cladding Rectification Register; and/or

(4) The Victorian Building Authority and the Architects Registration Board of Victoria

will be used by the Lead Department, the Construction Supplier Register, and the Residential Cladding Rectification Register to perform the functions identified within these Conditions of Pre-qualification.

c) The Construction Supplier Register and the Residential Cladding Rectification Register will share all information received by them regarding the applicants and/or the pre-qualified suppliers.

d) All persons who have access to the Construction Supplier Register will have access to and use of all information gathered or received by Residential Cladding Rectification Register for pre-qualified suppliers that agree to be pre-qualified on both registers.

e) Members of the public who have access to the Register will only have access to the information identified in paragraph 1)c)ii).

f) The Residential Cladding Rectification Register may use external assessors to assist with assessing new applications and reviews of pre-qualification. In those cases, the external assessors will be required to maintain confidentiality of all information received in accordance with these Conditions of Pre-qualification.

g) The Lead Department will not disclose or provide any information which is commercial in confidence or subject to the Privacy and Data Protection Act 2014 (Vic) to any third party except:

i) where required to by, or in order to complete the functions and roles identified in these Conditions of Pre-qualification and this open invitation;

ii) with the written consent of the owner of that information;

iii) to the Lead Department’s legal and financial advisers on a confidential basis;

iv) where the information disclosed is already in the public domain other than due to a breach of these Conditions of Pre-qualification; 

v) where the disclosure is required by Law;

vi) to other Victorian Public Entities or Ministers of the State in connection with this open invitation;

vii) to any public sector agency (of the State, any other state or territory or the Commonwealth) for the purposes of benchmarking;

viii) to the office of the Auditor General appointed under section 94A of the Constitution Act 1975 (Vic) or the ombudsman appointed under the Ombudsman Act 1973 (Vic);

ix) to comply with Law, including the Freedom of Information Act 1982 (Vic); or

x) to the Independent Broad-based Anti-corruption Commission.

h) Pre-qualified suppliers may not advertise, promote, or publish their registration on any Register(s) without the prior written consent of Lead Department.

i) The Lead Department may publish a list of Registered Suppliers on their website, and all Applicants consent to being included on any such list if they are successful.

11) Acknowledgements

a) In performing its functions, the Lead Department must act fairly, but, subject to any mandatory step, is not bound to adopt any particular form or procedure.

b) The pre-qualified supplier acknowledges that pre-qualification does not result in:

i) continuity of the pre-qualification for the duration of the Register(s); 

ii) an assurance that the pre-qualified supplier will be engaged to perform works; or

iii) a warranty or representation by the Lead Department that any business, engagements or work of any kind or quantity will be conducted by the pre-qualified supplier as a result of a pre-qualification.

12) Register subject to Government Policy

a) The Residential Cladding Rectification Register is subject to Victorian Government policy, as amended from time to time. The Lead Department may dissolve the Register by notice in writing to pre-qualified suppliers if there is a change in government policy which, in the reasonable opinion of the Lead Department, has the effect of making the provision of the Register unviable, inappropriate or otherwise unsuitable.

13) Amendments

a) The Lead Department may from time to time and in its discretion amend, add to or replace:

i) the application forms, the eligibility criteria, and the requirements within them;

ii) these Conditions of Pre-qualification and the open invitation; and

iii) any information contained on the Register(s).

b) The Lead Department will not be held liable for any costs or damages incurred by an applicant or pre-qualified supplier in the exercise of the Lead Department’s discretion.

14) Jurisdiction

The law of the State of Victoria, Australia governs these Conditions of Pre-qualification and this Register.

15) Liability

a) All pre-qualified suppliers unconditionally and irrevocably release the State, the Lead Department and/or this Register and their employees, officers and agents from all liability arising out of, or in any way connected with:

i) this Register; and/or

ii) the information provided to Users of this Register or Users of the Construction Supplier Register, including but not limited to information provided pursuant to clauses 1 and 10 of these Conditions of Pre-qualification;

b) The State and the Lead Department give no warranty that by becoming a pre-qualified supplier that the supplier will be engaged by any users for any works or services.

c) The State and the Lead Department give no warranty that the information disclosed on the Register (including but not limited to the information provided pursuant to clauses 1 and 10 of these Conditions of Pre-qualification) is true and correct, suitable for any purpose, and disclaims all liability for any pre-qualified supplier or user’s use of information contained in this Register.

d) The State and the Lead Department will not be responsible at any time for any liabilities incurred or entered into by applicants or pre-qualified suppliers as a result of, or rising out of, their obligations under these Conditions of Pre-qualification.

Help and support

Please contact the Residential Cladding Rectification Register if you need help understanding these conditions of pre-qualification to the Residential Cladding Rectification Register.

Reviewed 09/12/2019
Was this page helpful?