TIPO CUALIFICADO: ARTÍCULO 204 DEL CÓDIGO PENAL

The intention is for all registered asphalt suppliers currently registered under the TMR Asphalt Supplier Registration System (ASRS) (‘registered suppliers’) to be translated across to the TMR asphalt prequalification system by the date of publication of this document. Upon submission of a signed warranty deed existing registered suppliers will be automatically transitioned as follows:

a) suppliers registered for manufacture and paving will be automatically transitioned to Category A3

b) suppliers registered for paving only without a condition restricting operations to minor maintenance works will be automatically transitioned to Category A2, and

c) suppliers registered for paving only with operations restricted to minor maintenance works will be automatically transitioned to Category A1

In addition and in all cases, any conditions in place for registration under the ASRS at the time of translation will become conditions of prequalification.

All translated asphalt contractors are to submit an application to TMR by 30 September 2015 to allow TMR to reassess their prequalification status under this system prior to 1 January 2016. This will involve completing a full application and providing updated assessment information. Translational arrangements will continue until completion of the reassessments by TMR.

A broader ‘call for prequalification’ may also be advertised, to capture any asphalt contractors that are not registered, but interested in becoming prequalified.

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Terms and conditions of asphalt prequalification

2.1 General

Applicants for prequalification and prequalified asphalt contractors are required to comply with the terms and conditions and associated procedures described in this Appendix.

2.2 No guarantee of work

Prequalification is not to be construed as a guarantee of work. Prequalification only determines an asphalt contractor’s eligibility to tender, or be involved in tenders for, work and/or supply products and services, subject to meeting any local legislative/regulatory requirements. TMR complies with

government procurement principles, including value-for-money, in the assessment and selection of tenders.

2.3 Application requirements

To become prequalified, an asphalt contractor (‘the applicant’) must select the asphalt prequalification category that it believes to be commensurate with its capabilities and submit an application form with supporting information that addresses all specified criteria.

In submitting its application, the applicant gives permission to TMR to carry out such investigations as are considered necessary to evaluate the application and to determine whether it meets the relevant prequalification criteria. These investigations include, but are not limited to, a company search, bank reference checks, and inspections of the applicant’s facilities and/or operations (including plant and equipment) and/or works.

In undertaking its assessment, TMR may take into account other information in its possession, or information provided by other authorities or government agencies.

In considering Applications from subsidiary companies or entities TMR reserves the right to examine the resources of the parent company or entity, or other related entities, if TMR considers this

warranted.

2.4 Confidentiality

TMR may refer an applicant’s documentation to its external assessors for assessment. External assessors are required to maintain confidentiality of all information received. However, in lodging an application, applicants agree to provide the necessary authority to enable searches and enquiries to be carried out.

Information submitted in an Application for prequalification will be treated as commercial in confidence and will not be disclosed to any party outside TMR and its assessors unless TMR is legally required to do so, for the purposes of obtaining legal or financial advice, or in relation to appeals regarding prequalification decisions.

Once prequalified, an asphalt contractor’s details, including details of its performance on specific contracts, may be shared with other government agencies for the purpose of monitoring performance and to determine continued eligibility for prequalification.

Lists of prequalified asphalt contractors may be made publicly available by TMR on its website. Details may include:

a) name and address of organisation

b) unique identifier (that is ABN, ACN and/or ARBN) c) prequalified asphalt category and financial level d) date of the last assessment and/or

e) notice that the asphalt contractor’s prequalification status is under review (refer to Section 6.3) No responsibility is accepted for any consequences to a prequalified organisation or any other party arising from the release of any such information.

2.5 Change of circumstances

Prequalified asphalt contractors have an obligation to advise TMR of any change in circumstances that may be material to their prequalification status, including any convictions or breaches of legislation or statutory regulations.

Further information is provided in Section 6.1.

2.6 Governing law

The terms and conditions of the prequalification system shall be governed by the laws of the State of Queensland. In addition prequalified asphalt contractors must comply with all relevant local, state and federal legislation and requirements, including the Queensland Procurement Policy.

Where appropriate the reviews and appeals process outlined in Section 6.5 will be used.

2.7 Applicant’s undertaking

Acceptance of terms and conditions

In applying for prequalification (including renewal) or upgrading, the applicant is deemed to have accepted the terms and conditions of prequalification, which the applicant acknowledges and accepts may be varied from time to time.

Accuracy of application information

The applicant must ensure that all particulars in the Application are true and correct in every detail. Use of prequalification status for advertising and promotion

The applicant agrees not to use any information relating to its prequalification status or contract performance in its advertising or promotional material or publish such information in any form without the express written consent of TMR. The applicant further agrees that it accepts full responsibility for any consequences arising from the use of such information.

2.8 Warranties

The applicant warrants that the asphalt (irrespective of whether the applicant is engaged directly by TMR or by a head contractor) will meet the performance requirements in the relevant specifications. The applicant agrees to enter into a Warranty Deed, provided by TMR, as a condition precedent to the granting of prequalification.

Adherence to the warranty requirements and Warranty Deed is a condition of prequalification. A prequalified asphalt contractor must adhere to the warranty requirements, including appropriate rectification of defective works to TMR’s satisfaction by way of repair or replacement of any asphalt that failed to meet the specified performance requirements. If a prequalified asphalt contractor fails to adhere to the warranty requirements then this will impact on its current and/or future prequalification status. This will also be considered in any future applications for prequalification by the asphalt contractor and/or individual entities (for example, an entity in a joint venture).

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Asphalt prequalification categories and financial levels