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Who Takes Responsibility for QUALITY CONTROL?

By on June 16, 2009

There has been some recent confusion as to the contractual obligations for quality control measures of quarries supplying stone to head contractors of VicRoads works.

TOM KERR of Conundrum Holdings Pty Ltd reports.

THERE are some concerns that quarry sites are being pressured by VicRoads to take on materials testing obligations that clearly lie with the head contractors of VicRoads works. This has the potential to result in a commercially damaging situation if the quarry is issued with non-compliances (NCR’s) as a result of testing and other contract requirements not being disclosed by a customer.

A quarry is only required to comply with a set testing regime when they have entered into a formal agreement to do so with their customers.

If no testing requirements are communicated and agreed to by the quarry prior to supply, the customer takes on all testing obligations.

QUARRY SURVEILLANCE

VicRoads Quarry Surveillance’s are carried out on a regular but random basis governed by the rate of supply to VicRoads works.

According to GeoPave’s Code of Practice for Surveillance of Testing of Materials and Work (RC 500.11):

  • Surveillance is a check that the technical requirements of the quality plan provided by the supplier for production and testing are being followed and that the product produced complies with VicRoads specifications or Contract clauses. (RC 500.11)

NCR’s may be issued during quarry surveillance’s where:

  • The quarry does not appear to be conforming to a quality plan it has provided to VicRoads, or
  • Products that have been supplied for VicRoads works under a formal supply contract arrangement do not meet the VicRoads specifications or Contract clauses disclosed by the customer and agreed to by the supplier.

QUALITY PLANS

Quality plans will vary markedly between quarry sites. The scope of the quality plan will depend largely on the range of products produced at the site and the end uses of the material.

A quarry may choose to base certain aspects of their quality plan on VicRoads specifications as well as other publications such as Australian Standards, however the ultimate scope and frequency of testing included in the quality plan is likely to be based on commercial decisions that ensure the best value for a wide range of customers.

The calculated omission of any testing from a site’s quality plan cannot be used by VicRoads surveillance officers to suggest a site’s ability to produce or supply compliant class materials to meet VicRoads specifications; this is determined by periodical quarry investigations, as per GeoPave’s Code of Practice for Quarry Investigations (RC 500.00).

A quarry has no obligation to meet any part of the scope or frequency of testing published in VicRoads standard specifications unless the quarry has formally entered into a contract for supply of product compliant to those specifications.

Conundrum Holdings Pty Ltd

VICROADS CONTRACT SURVEILLANCE

A quarry can only be deemed to be bound by a VicRoads contract when they have been made aware of all contract clauses and specifications by the head contractor.

Under the VicRoads General Terms of Contract, the obligation to ensure all materials are tested to, and comply with, the VicRoads Contract specifications remain with the head contractor.

As the principal of the Contract, it is the duty of VicRoads to ensure that the head contractor meets all requirements of the Contract; this is not the duty of the supplier.

A quarry site may choose to take on testing obligations from the Contract where this is commercially viable. In such cases the scope of testing should be based on a formal written agreement between the head contractor and the quarry, such as the CMPA Major Works Contract.

Contract surveillance’s can only result in a NCR against a quarry site if and when the quarry site has entered into a formal agreement with the head contractor to take on testing obligations and has failed to meet the criteria of that agreement.

Class 1 crushed rock being used for VicRoads works

RECOMMENDATIONS

As surveillance reports are made available to a wide audience of engineers and contract specifiers, protect your quality reputation in the market place by:

  • Confirming the scope of any surveillance visit prior to the VicRoads officer arriving on site and ensuring the surveillance is contained to this scope, being the assessment of your site’s compliance to your quality plan and any contract that your site has formally entered into.
  • Conducting an exit meeting to discuss the findings of the surveillance; the VicRoads officer may offer noteworthy suggestions for inclusion in your quality plan, however due to their subjective nature these suggestions should not be included in the surveillance report.
  • Not accepting any NCR’s that arise out of the head contractor failing to meet their contract obligations, including their obligation to disclose the testing requirements of the contract.
  • Requesting that a copy of the surveillance report be forwarded to you.
  • Notifying the CMPA of any concerns that may arise out of the conduct of the surveillance visit.

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