>Insert CONTRACT NAME by overwriting these words … · Web viewGo to Microsoft Word Options; • Select the Display tab; • Tick the Hidden Text check box and click the OK button

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User guidanceThis document is part of the GC21 Edition 2 standard form. Please view the Index of construction documents to locate all documents referenced throughout this text.

Guide notesThis standard form contains guidance in hidden text, i.e:

GUIDE NOTES:Guide Note examples

Viewing guide notes1. If the guide notes are not visible, click on the Show/Hide button .2. If still not visible, then:

• Go to Microsoft Word Options;• Select the Display tab;• Tick the Hidden Text check box and click the OK button.

Insertion pointsEach ‘»’ shows where input is required. Click onto each ‘»’ and overtype.

When completed1. Remove all guide notes manually or by the following steps:

• On the Editing menu click Replace, then (if required) • Click the More button;• Click the Format button, click on Font;• Tick the Hidden check box and click the OK button;• Click the Special button, click on Any Character; then• Click the Replace All button.

2. Delete this User guidance, along with the following Page Break.

https://www.procurepoint.nsw.gov.au/index-construction-documents

https://www.procurepoint.nsw.gov.au/index-construction-documents

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Tender Schedules

Table of Contents1 Tender Form 12 Schedule of Rates 43 Schedule of Prices - Lump Sum 64 Schedule of Provisional Sums 95 Schedule of Information for General Conditions of Contract Schedule 3 (Payment Claim Worksheet) 106 Schedule of Mandatory Alternative Tenders 117 Schedule of Contract Information 128 Schedule for Adjustment of Customs Tariffs149 Schedule of Internal Designers 1510 Schedule of External Designers 1611 Schedule of Technical Data 1912 Schedule of Program Information 2013 Schedule of Tender Concept Design 2114 Schedule of Quality Management Information 2215 Schedule of Work Health and Safety Management Information 2316 Schedule of Environmental Management Information 2517 Schedule of Aboriginal Participation Information2718 Schedule of Proposed Subcontractors and Consultants 2819 Schedule of Financial Assessment Information 2920 Schedule of Workplace Relations Information 3021 Schedule of Compliance with NSW Government’s Implementation Guidelines to the NSW Government Code of Practice for Procurement 3122 Declaration of Compliance with Building Code 2013 3423 Schedule of Skills Development and Training 37

TENDER SCHEDULES1 Tender Form

(SUBMIT IN ENVELOPE 2)

Tender Closing Office

Name: »Address: »

»

Facsimile number: »

Tenderer’s details

Name:(in block letters)

………………………………………………………….………………………………………………………………….……………ABN ...………………….…………………………….….……….

Address: ……………………………………………………….……………………………………………………………………….…………

Telephone number: ………………………… Facsimile number:…………………….e-mail address: ………………………………………………………….…………

hereby tender(s) to perform the work for:

Tender details

Contract title: » »

Contract number: »in accordance with the following documents:

TenderingSpecificationSchedulesAppendicesDrawings »and Addenda Numbers: …………………………………….……

Tenderer’s offer

For the Contract Price, being the lump sum (including Provisional Sums, if any) of:…………………………………………………………………………………………………………………………………………($……………………………………………) including GST.

The Contract Price includes the Completion Amount shown in Contract Information Item 45.

Signed for the Tenderer by: …………………………………………………. Date:………………

Name (in block letters): …………………………………………………. (Authorised Officer)

In the Office Bearer capacity of: …………………………………………………………………………Contract Name: » GC21 Edition 2 - Revision Date: 4/10/16Contract No: » Page 1

TENDER SCHEDULESFor the Contract Price of:…………………………………………………………………………………………………………………………………………($……………………………………………) including GST

being the sum of:1. any Lump Sum in the attached Schedule of Rates;2. the products of the quantity and the relevant rate for each

Rate item in the attached Schedule of Rates; and3. the Total of Provisional Sums (if any).The Contract Price includes the Completion Amount shown in Contract Information Item 45.

For the Contract Price of:…………………………………………………………………………………………………………………………………………($…………………………………………) including GST.The Contract Price includes Provisional Sums (if any) and the sum of the products of the quantity and the relevant rate for each Rate Item identified in the attached Schedule of Prices – Lump Sum.

The Contract Price includes the Completion Amount shown in Contract Information Item 45.

For the Contract Price of:…………………………………………………………………………………………………………………………………………($……………………………………………) including GST,(a) to be paid by the Contractor to the Principal. *(b) to be paid by the Principal to the Contractor. *

* Strike out the alternative that does not apply.




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2 Schedule of Rates(SUBMIT WITH TENDER FORM)

Refer to General Conditions of Contract clause 55 - The Contract Price and Preliminaries clause - Application of Schedule of Rates.Complete this Schedule by inserting the tendered rates under Rate, or where “Lump Sum” appears under Rate, by inserting the tendered lump sum under Amount. Where a rate is tendered, insert under Amount the amount arrived at by multiplying the tendered rate by the quantity. The rates and lump sums tendered shall form part of the Contract. The correct extended amounts and total shall be used to assess tenders.

All rates and amounts must include GST.

ItemNo. Description Quantity Unit Rate Amount

1 All work and obligations under the Contract NOT INCLUDED ELSEWHERE in this Schedule.

1 Item Lump Sum

$ ……...

2 Rate items:2.1 » » » $ ………. $ ……...

3 Lump Sum items:3.1 » 1 Item Lump

Sum$ ……...

4Total of Provisional Sums (brought forward from Tender Schedules - Schedule of Provisional Sums)

$ »

Total of Schedule of Rates $ ……...




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3 Schedule of Prices - Lump Sum(SUBMIT WITH TENDER FORM)

Break-up of Lump SumInsert the amount allowed for each of the following items. These amounts are for information only and do not form part of the Contract. Their purpose is to assist in valuing completed work, but the Principal is not bound to use them.

All amounts must include GST.

ItemNo. Description Amount1 Break-up of tendered Lump Sum:

1.1 » $ ………….….1.2 » $ ………….….

Provisional Sums

2. Total of Provisional Sums (brought forward from Tender Schedules – Schedule of Provisional Sums) $ »

Rate ItemsRefer to General Conditions of Contract clause 55 - The Contract Price and Preliminaries clause - Application of Tendered Rates.Complete this Schedule by inserting in the Rate column the rate tendered for each work item and, in the Amount column, the amount arrived at by multiplying the tendered rate by the relevant quantity. The tendered rates shall form part of the Contract. The correct extended amounts and total shall be used to assess tenders.

Each rate must allow for associated overhead costs (both on-site and off-site) and profit. All rates must include GST.

ItemNo. Description Quantity Unit Rate Amount3. Rate Items3.X » » » $ ………. $ ……...3.X » » » $ ………. $ ……...

Extended Total for Rate Items $ ..……

Total (Lump Sum tendered including GST)including the Total of Provisional Sums and the Extended Total for Rate Items.The Total (Lump Sum tendered including GST) must equal the Contract Price shown on the Tender Form. If there is any discrepancy, the Contract Price shown on the Tender Form will take precedence.

$ ………….….




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4 Schedule of Provisional Sums(SUBMIT WITH TENDER FORM)

Refer to General Conditions of Contract clause 56 – The Contract Price: Provisional Sums and Conditions of Tendering clause – Provisional Sums.

ItemNo. Description

Provisional Sum

A. » $ »B. » $ »

Total of Provisional Sums $ »




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5 Schedule of Information for General Conditions of Contract Schedule 3 (Payment Claim Worksheet)

(SUBMIT WHEN REQUESTED)

Refer to General Conditions of Contract clause 58 - Payment Claims. The following information is provided and must be used for completing the General Conditions of Contract - Schedule 3 (Payment Claim Worksheet).

Insert the value for the following activities or Milestones.

No. Activity (or Milestone)Value of activity(or Milestone)

1 Break-up of price (including Lump Sums and any Schedule of Rates items)

1.1 » $ ………….…….

Total (must equal total on Tender Form) $ ………….…….




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6 Schedule of Mandatory Alternative Tenders(SUBMIT WITH TENDER FORM)

Insert the additional or diminished amount allowed for each of the following items in accordance with Conditions of Tendering clause - Alternative Tenders.

Mandatory Alternative Tenders Amount

» $ ………….….




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7 Schedule of Contract Information(SUBMIT WHEN REQUESTED)

Provide the information in the table below to enable completion of the General Conditions of Contract - Contract Information items.

Contractor's details 8 Contractor

The Contractor is: ………………………………………………………………………………………………ABN ….…………………………….………

9 Contractor’s Authorised PersonMentioned in clause 2

The Contractor’s Authorised Person is: ………………………………………………

10 Notices to the ContractorMentioned in clause 11

Notices must go to the Contractor’s Authorised Person named above, at the address or number shown here.

Office address:(for delivery by hand)

……………………………….………………………………………………….……………………………………………….………………………………………….…………………

Postal address:(for delivery by post)

……………………………….………………………………………………….……………………………………………….………………………………………….…………………

Facsimile number: ……………….………………………………

e-mail address: …………………………….…………………

11 Contractor’s senior executiveMentioned in clause 70

The Contractor’s senior executive is: ………………………………………………

Office address:(for delivery by hand)

……………………………….………………………………………………….……………………………………………….………………………………………….…………………

Postal address:(for delivery by post)

……………………………….………………………………………………….……………………………………………….……………




TENDER SCHEDULES…………………………….…………………

Facsimile number: ………………………………………………

e-mail address: ………………………………………………




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8 Schedule for Adjustment of Customs Tariffs(SUBMIT WITH TENDER FORM)

List below particulars of those imported items forming part of the Tender for which cost adjustment in accordance with Preliminaries clause - Customs Duty is required.

Item Customs Duty Tariff No.

………………………………………………………… ...………..………………..

………………………………………………………… ...………..………………..

………………………………………………………… ...………..………………..

………………………………………………………… ...………..………………..

………………………………………………………… ...………..………………..

………………………………………………………… ...………..………………..




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9 Schedule of Internal Designers(SUBMIT WITH TENDER FORM)

If the Tenderer proposes to use internal resources for design development and documentation provide full details to establish that each of the key staff have the proven competence, qualifications and experience on similar tasks to perform the proposed functions satisfactorily.

Key staffInclude the following details for individual key staff:

Name: …………………………………………………………

Position: …………………………………………………………

Discipline: …………………………………………………………

Qualifications: …………………………………………………………

Affiliations: …………………………………………………………

Proposed function/ work: …………………………………………………………

Recently completed significant commissionsInclude the following details for each recently completed significant commission:

Project name: …………………………………………………………

Project value: …………………………………………………………

Client: …………………………………………………………

Finish date: …………………………………………………………

Functions: …………………………………………………………

Current significant commissionsInclude the following details for each current significant commission:

Project name: …………………………………………………………

Project value: …………………………………………………………

Client: …………………………………………………………

Expected finish date: …………………………………………………………

Functions: …………………………………………………………




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10 Schedule of External Designers(SUBMIT WITH TENDER FORM)

If the Tenderer proposes to use consultants for design development and documentation, provide full details and references, for each consultant, to show their proven competence, qualifications and experience on similar tasks to perform the proposed functions satisfactorily.

Consultant details

Name of proposed consultant: ………….……………….…………………………

Office address: ………….……………………………….…………………….

………………………………….………………….………………………………….………

Telephone number: ………….……………….…………………………Facsimile number: ………….…………………………….……………

Other offices: ………….……………………………….…………………….………………………………….………………….……………………………….…………

Proposed disciplines under the Contract:

………….……………………………….…………………….………………………………….………………….………………………………….………

Estimated value of the engagement: $ ……….……………….…………………………

Key personnel proposed for the Contract

Name Discipline

Qualifications, affiliations and date of professional registration

……………………………… ………………………….. …………………………..…………………………….... ………………………….. …………………………..…………………….…….….. ………………………….. …………………………..…………………………….... ………………………….. …………………………..………………..…………….. ………………………….. …………………………..…………..………………….. ………………………….. …………………………..




TENDER SCHEDULES

The following details are only required when the proposed consultants are not prequalified in the relevant discipline with a NSW Government agency.

Business details

Business name: ……………….……………….…………………………

ABN: ……………….…………………………….……………

Type of organisation: Sole Trader ( )* Partnership ( )* Company ( )*

* Tick where applicable

Date established: ……..…………………………………………………

Other (describe): ……..…………………………………………………

Current insurance

Professional Indemnity Public Liability

Insurer: ………………………….. …………………………..

Sum insured: ………………………….. …………………………..

Date of expiry: ………………………….. …………………………..

Staff numbersNumber of full-time employees (exclude contract staff or associated firms).

Office location: Main Office Other Offices

Principals: ………………………….. …………………………..

Qualified Architects: ………………………….. …………………………..

Professional Engineers:: ………………………….. …………………………..

Other professionals: ………………………….. …………………………..

Technical support staff: ………………………….. …………………………..

Administration/ secretarial: ………………………….. …………………………..

Other staff: ………………………….. …………………………..

Total Staff: ………………………….. …………………………..

Principal’s details

Name Discipline

Qualifications, affiliations and date of professional registration

………………………..…….. ………………………….. …………………………..




TENDER SCHEDULES……………….……………... ………………………….. …………………………..…………….…………….….. ………………………….. …………………………..………….…………………... ………………………….. …………………………..

Office FacilitiesDescribe the relevant support facilities available in the various offices (eg. type and capacity of CADD System, subscription to NATSPEC, including update service).

Note that when an engagement includes preparation of specifications for building works, subscription to NATSPEC will be a mandatory requirement.

………………………………………………...…………………………………………

………………………………………………...…………………………………………

………………………………………………...…………………………………………

………………………………………………...…………………………………………

………………………………………………...…………………………………………

………………………………………………...…………………………………………

………………………………………………...…………………………………………

………………………………………………...…………………………………………

Relevant recent and current engagementsGreatest consideration will be given to engagements completed in the last two years and substantially completed current engagements.

Where a consultant has completed engagements more than two years prior to the date of application, those engagements will only be considered where supporting evidence is provided that the consultant has retained expertise.

Project details

Project name: …………………………………………

Overall value: …………………………………………

Client: …………………………………………

Client’s contact person: …………………………………………

Telephone number: …………………………………………

Actual or anticipated completion date: …………………………………………

Value of work constructed resulting from engagement: $ ………………………………………

Engagement details

Primary or secondary consultant: …………………………………………

Fee $ or % or range …………………………………………




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11 Schedule of Technical Data(SUBMIT WHEN REQUESTED)

List all information required by this Schedule, and attach details of manufacturer’s product data together with such illustrations as are necessary to fully describe the Tenderer’s offer.

Item Tenderer’s offer

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………




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12 Schedule of Program Information


Submit a program, based on Contract Information item 13 Times for Site Access and Completion, in the form of a bar chart or network diagram and as described in Conditions of Tendering clause - Program.




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13 Schedule of Tender Concept Design(SUBMIT WITH TENDER FORM)

Supply sufficient information to allow critical appraisal of the tender including: »




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14 Schedule of Quality Management Information(SUBMIT WHEN REQUESTED)

Submit evidence of current full certification of the Tenderer’s Quality Management System to AS/NZS ISO 9001:2008 by a certifying body registered with the Joint Accreditation System - Australia and New Zealand.

Submit one of the following, to demonstrate the capacity to plan and manage the quality of work:

evidence of current full certification of the Tenderer’s Quality Management System to AS/NZS ISO 9001:2008 by a certifying body registered with the Joint Accreditation System - Australia and New Zealand (JAS-ANZ); or

evidence that the Tenderer’s Quality Management System complies with the NSW Government Quality Management Systems Guidelines (QMS Guidelines); or

evidence that the Tenderer’s Quality Management System meets the requirements of another NSW Government agency for works comparable (in value and type) to the Works; or

a Project Quality Management Plan complying with the requirements of the QMS Guidelines for recent past works comparable (in value and type) to the Works.




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15 Schedule of Work Health and Safety Management Information

(SUBMIT WITH TENDER FORM)

Provide documents and information indicated below in accordance with Conditions of Tendering clause – Work Health and Safety Management.

WHS Management SystemSubmit

a copy of a letter of certification, along with a completed copy of the checklist shown at Appendix A of the NSW Government Work Health and Safety Management Systems and Auditing Guidelines 5th Edition (WHSMS Guidelines) signed by an independent OHS Auditor certified as a Principal, Lead or Business Improvement OHS Auditor by a JAS-ANZ personnel certifier, such as RABQSA, certifying that the Tenderer’s WHS Management System complies with the WHSMS Guidelines; or

a copy of a letter from a NSW Government Construction Agency evidencing that the Tenderer’s WHS Management System has been accredited as complying with the NSW Government Occupational Health and Safety Management Systems Guidelines 4th Edition dated not before 1 October 2010; or

written evidence from the Office of the Federal Safety Commissioner evidencing current OFSC accreditation.

Submit a copy of a letter from the Office of the Federal Safety Commissioner evidencing current OFSC Accreditation

Evidence of satisfactory WHS management Nominate at least three contracts/projects completed within the last two years that demonstrate successful management of work health and safety by the Tenderer:

Client Name & location of contractEg. Sutherland Hospital Carpark; Dubbo Water Treatment Plant; Tamworth Coles

shopping Centre; 3 Storey Unit Block, Penrith.

Contract Price/

Project Value

Start Date

Completion Date

WHEN REQUESTED, submit the following additional information for each of three contracts/projects selected from the above list:

a. a client referee report (which may be a NSW Government agency Contractor Performance Report) commenting on the Tenderer’s performance in relation to work health and safety management, identifying the referee’s name, position, organisation and telephone and email contact details; and

b. a copy of a third party audit report, or internal audit report, or site safety inspection report, or site safety review report or other similar evidence.




TENDER SCHEDULESRecent WHS prosecutions and fines

Provide: a statement confirming that the Tenderer is not in default of any fine issued for

a breach of the WHS legislation; AND details of every WHS prosecution and fine imposed on the Tenderer in Australia

during the last two years, together with a description of actions taken by the Tenderer in response to each prosecution and fine; or

a statement that the Tenderer incurred no prosecutions or fines during the last two years.

Hazardous Materials WHEN REQUESTED, submit details of proposed:

i) methods for surveying for hazardous materials;

ii) methods for handling and removal from the Site of hazardous materials; and

iii) Consultants’ and Subcontractors’ and licence details.

DemolitionWHEN REQUESTED, for each item to be demolished, submit details of the proposed method of demolition including:i) plant and equipment to be used;ii) protection of the Site including, but not limited to, protection of any items specified;

and iii) arrangements, including details and extent of protective hoardings, for the protection

of the public and property adjoining the Site.

Work Health and Safety Management Monthly ReportThe Tenderer undertakes, if awarded the Contract, to provide Monthly WHS Management Reports as described in Preliminaries clause – Work Health and Safety Management.

Independent certification of formworkThe Tenderer undertakes, if awarded the Contract, to provide evidence of independent certification of formwork as required by Preliminaries clause – Work Health and Safety Management.




TENDER SCHEDULES

16 Schedule of Environmental Management Information


Provide the documents and information specified below in accordance with Conditions of Tendering clause - Environmental management.

Environmental Management SystemSubmit:

a copy of an audit report, signed by an independent OHS Auditor certified as a Principal, Lead or Business Improvement Auditor by a JAS-ANZ personnel certifier, such as RABQSA, attesting that the Tenderer’s Environmental Management System:

- complies with the documentation requirements of AS/NZS 14001:2004 Environmental management systems;

- appropriately comprehends all current Environmental Legislation and other Environmental requirements; and

- includes requirements for audit, by an Approved Assessor independent of the Contractor, of compliance, currency and effective implementation at intervals of not less than three years: or

written evidence that the tenderer’s Environmental Management System is certified in accordance with JSA-ANZ requirements as complying with AS/NZS 14001:2004 Environmental Management Systems; or

a copy of a letter from a NSW Government Construction Agency evidencing that the Tenderer’s corporate Environmental Management System has been accredited under the EMS Guidelines, dated not before 1 October 2010.

Recent prosecutions and finesSubmit:

a statement confirming that the Tenderer is not in default of any fine issued for a breach of environmental legislation; and

details of every prosecution and fine incurred by the Tenderer during the last two years under the Protection of the Environment Operations Act 1997 (POEO Act) or other Australian environmental legislation, together with a description of the actions taken by the Tenderer in response to each prosecution and fine; or

a statement that the Tenderer incurred no prosecutions or fines under environmental legislation during the last two years.

Evidence of satisfactory environmental managementNominate at least three contracts/projects, for work of comparable nature to the Works and completed within the last two years, that demonstrate successful environmental management by the Tenderer:

Client Name & location of contractEg. Concord Hospital Carpark; Dubbo Water Treatment Plant; Tamworth Coles shopping

Centre; 3 Storey Unit Block, Penrith.

Contract Price/

Project Value

Start Date

Completion Date




TENDER SCHEDULES

WHEN REQUESTED, submit the following additional information for each of three contracts selected from the above list:

a client referee report (which may be a NSW Government agency Contractor Performance Report) commenting on the Tenderer’s performance in relation to environmental management, identifying the referee’s name, position, organisation, and telephone and email contact details; or

a copy of a third party audit report, or internal audit report, or inspection report or environmental management plan.

WHEN REQUESTED, submit a copy of an Environmental Management Plan implemented by the Tenderer for a contract/project, similar in type and value to this Contract, that was completed within the last two yearsEnvironmental management objectives and measuresWHEN REQUESTED, submit details of: environmental management objectives proposed for the work under the Contract; key environmental management actions proposed for the work under the Contract; and the persons who will be responsible for managing the actions proposed.




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17 Schedule of Aboriginal Participation Information(SUBMIT WHEN REQUESTED)

Submit the documents and information specified below. Refer to Conditions of Tendering Clause – Aboriginal Participation.

Evidence of direct employment or education

Nominate up to three contracts/projects completed within the last two (2) years that demonstrate the tenderer’s capacity to employ or educate Aboriginal people to undertake construction-related activities:

Client Name & location of contractEg. Sutherland Hospital Carpark; Dubbo Water Treatment Plant; Tamworth Coles Shopping Centre; 3 Storey Unit Block,

Penrith.

Contract Price/

Project Value

Start Date Completion Date

………….. ………………………………. ………… ………… …………………….. ………………………………. ………… ………… …………………….. ………………………………. ………… ………… …………

For each nominated contract/project, attach details and documented evidence of any of the following activities successfully undertaken by the tenderer:

(a) Direct employment of Aboriginal people in planning, design or delivery;

(b) Employment of Aboriginal people through a recognised group training or labour hire company;

(c) Procurement of goods or services from recognised Aboriginal businesses specifically to consult and engage with Aboriginal communities; or

(d) Education of Aboriginal people engaged in project planning, design and delivery.

Contribution to education and employment goalsAlso attach details and documented evidence of up to three examples of the tenderer indirectly contributing, during the last 2 years, to the education and employment of Aboriginal people, for example:

(a) Aboriginal cultural awareness and mentoring programs operated for or on behalf of the tenderer for the benefit of employees and for subcontractors and their employees; or

(b) The procurement of goods and services from recognised Aboriginal businesses for the planning, design and delivery of construction projects.




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18 Schedule of Proposed Subcontractors and Consultants


Submit the information required in Conditions of Tendering clause - Proposed Subcontractors and Consultants.

Include any individual Subcontract or Consultant work where the estimated value of the work or fees is (or exceeds) $100,000 or 2% of the Contract Price, whichever is the greater.

Confirm (by inserting “Yes” in the third column of the table below) that the recent WHS, Environmental and Workplace Relations Management performance of each subcontractor and consultant has been reviewed by the Tenderer and found to be satisfactory.

Subcontract and Consultant work

Names and addresses of Subcontractors and Consultants

Confirmation of satisfactory WHS, IR and Environmental performance

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

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………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

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19 Schedule of Financial Assessment Information(SUBMIT WHEN REQUESTED)

Provide documents and information listed below in accordance with Conditions of Tendering clause - Financial Assessment.

1 Financial Statements for last three years for the entity under consideration, including:i) Balance Sheets;ii) Profit and Loss Statement;iii) detailed Profit and Loss Statement;iv) statement of Cash Flows;v) notes to and Forming Part of the Accounts;vi) an Accountant’s Report;vii) where existing, Auditor's Reports.

Consolidated accounts of a parent organisation or group to which the entity belongs are not acceptable

2 Where latest financial statement is more than 6 months old, the latest management report showing:

i) a trading statement;ii) a profit and loss statement;

iii) a trial balance.

3 Where the company is required to lodge audited financial statements with ASIC, copies of these statements for the last three years.

4 Where any financial statement supplied is not audited, copies of the entity's tax returns for last three years.

5 A letter from the Tenderer's banker providing details of overdraft and guarantee facilities including:

i) Bank, Branch, and Account Names,ii) type and limit of bank overdraft facility,iii) type and limit of bank guarantee facility,iv) current bank overdraft balance,v) number and amount of bank guarantees outstanding

vi) details of other bank funding facilities available to the Tenderer, such as term loans, lines of credit, commercial bills and other debt instruments

6 Current and projected cash flows for all work on hand.

7 Forecast budget for forthcoming financial year including Revenue and Profit and Loss.

8 Names and contact numbers of:i) major suppliers

ii) major subcontractors.

9 Details relating to the Tenderer’s history and Directors Profiles.




TENDER SCHEDULES

20 Schedule of Workplace Relations Information(SUBMIT WITH TENDER FORM)

Submit with the Tender a Workplace Relations Management Plan and any other documents and information necessary to meet the requirements of section 6.1 of the NSW Government Implementation Guidelines to the NSW Code of Practice.

Undertaking to provide informationThe Tenderer, if awarded the Contract, will, on request, provide appropriate information to verify compliance with the awards, enterprise or workplace agreements that apply to the Tenderer and all other legal obligations relating to employment.




TENDER SCHEDULES

21 Schedule of Compliance with NSW Government’s Implementation Guidelines to the NSW Government Code of Practice for Procurement


Refer to Conditions of Tendering clause – NSW Government Code of Practice for Procurement and Implementation Guidelines.

Primary acknowledgments and undertakings 1. By completing this Compliance Schedule and submitting an expression of interest or tender

response, the tenderer:

(a) acknowledges that the NSW Government’s Code of Practice for the Building and Construction Industry (NSW Code) and the NSW Government's Implementation Guidelines to the NSW Code of Practice for the Building and Construction Industry (NSW Guidelines) apply to the project the subject of this tender;

(b) undertakes that it, and its related entities, comply with the NSW Code and NSW Guidelines on:

(i) the project the subject of this tender;

(ii) privately and publicly funded building and construction work to which the NSW Guidelines apply, on and from the date of submitting this expression of interest or response (if not already required to comply on such privately and publicly funded projects);

(c) confirms that it and its related entities have complied with:

(i) the NSW Code and NSW Guidelines on all its other projects to which the NSW Guidelines apply or have applied; and

(ii) all applicable legislation, court and tribunal orders, directions and decisions, and industrial instruments;

(d) confirm that, where it and its related entities are, or have been, required to comply with the National Code of Practice for the Construction Industry (National Code) and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry as amended from time to time including the Building Code 2013 (National Guidelines), they have done so; and

(e) confirms that neither it, nor any of its related entities, are subject to a sanction or other circumstance that would preclude the tenderer from submitting an expression of interest or tender response, or, if successful, being awarded a contract.

Sanctions for non-compliance 2. The NSW Treasury, through the Construction Compliance Unit (CCU), has responsibility

for enforcing, and ensuring compliance with, the NSW Code and NSW Guidelines.

3. The tenderer acknowledges that where it, or a related entity, fails to comply with the NSW Code or NSW Guidelines, a sanction may be imposed on the tenderer or its related entity or both. The sanctions that can be imposed include, but are not limited to, one or more of the following:

(a) a formal warning that a further breach will lead to severe sanctions;

(b) referral of a complaint to the relevant industry organisation for assessment against its own professional code of conduct and appropriate action;

(c) reduction in tendering opportunities at either agency or government-wide level, for example, by exclusion of the breaching party from tendering for government work above a certain value, or for a specified period;

(d) reporting the breach to an appropriate statutory body; and




TENDER SCHEDULES(e) publicising the breach and identity of the party.

Disclosure of information 4. The tenderer agrees and gives its consent (or reaffirms its consent), and confirms that its

related entities agree and give their consent (or reaffirm their consent), to the disclosure of information concerning the tenderer's, and the tenderer's related entities', compliance with the NSW Code, NSW Guidelines (and Victorian counterparts), National Code and National Guidelines, including disclosure of details of past conduct relating to the NSW Code and NSW Guidelines and whether or not sanctions have been imposed on a tenderer or its related entities.

5. The tenderer confirms that it has obtained, or will obtain, the consent of each subcontractor or consultant it proposes to use on the project, or that it will use if successful in the tender, to the disclosure of information concerning the subcontractor's and consultant's compliance with the NSW Code, NSW Guidelines (and Victorian counterparts), National Code and National Guidelines including disclosure of details of past conduct relating to the NSW Code and NSW Guidelines and whether or not sanctions have been imposed on the subcontractor or consultant or its related entities.

6. The consent (or reaffirmation of consent) by the tenderer, its related entities and any proposed or subsequent subcontractors, is given to the State of New South Wales, its agencies, Ministers and the CCU (and its authorised personnel) for purposes including:

(a) the exercise of their statutory or portfolio responsibilities;

(b) investigating and checking, claims and assertions made by the tenderer in any documents provided as part of its expression of interest or tender response (including, but not limited to, any Workplace Relations Management Plans or Health and Safety Management Plans);

(c) monitoring, investigating and enforcing the NSW Code and NSW Guidelines; and

(d) ensuring, facilitating and promoting compliance with the NSW Code and NSW Guidelines.

7. The tenderer acknowledges that this consent is not limited to this tender, or this project, as parties are expected to comply with the NSW Code and NSW Guidelines on future projects to which they apply.

Positive obligations 8. Without limiting the obligations and requirements in the NSW Guidelines, the tenderer

acknowledges and undertakes to comply with its positive obligations under the NSW Code and NSW Guidelines, including to:

(a) comply with any Workplace Relations Management Plan and Health and Safety Management Plan;

(b) allow NSW Government authorised personnel to: (i) access the project site and other premises;

(i) monitor and investigate compliance with the NSW Code and NSW Guidelines;

(ii) inspect any work, material, machinery, appliance, article, or facility;

(iii) inspect and copy any record relevant to the project; and

(iv) interview any person;

as is necessary to demonstrate compliance with the NSW Code and NSW Guidelines;

(c) notify the CCU (or nominee) and the Client Agency of any alleged breaches of the NSW Code and NSW Guidelines and of voluntary remedial action taken, within 24 hours of becoming aware of the alleged breach;

(d) (for principal contractors only) report any grievance or dispute relating to workplace relations or OHS&R matters that may impact on project costs, related contracts or




TENDER SCHEDULEStimelines to the CCU (or nominee) and the Client Agency within 24 hours of becoming aware of the grievance or dispute and to provide regular updates on the grievance or dispute;

(e) report any threatened or actual industrial action that may impact the project, project costs, related contracts or timelines to the CCU (or nominee) and the Client Agency within 24 hours and provide regular updates about the steps being taken to resolve the threatened or actual industrial action;

(f) take all steps reasonably available to prevent, or resolve, industrial action which adversely affects, or has the potential to adversely affect, the delivery of the project or other related contracts on time and within budget; and

(g) take all reasonably available steps to prevent, or bring to an end, unprotected industrial action occurring on, or affecting the project, including by pursuing legal action where possible. Any such legal action must be conducted (and where appropriate, concluded) in a manner consistent with the guiding principles and objectives of the NSW Guidelines, namely supporting outcomes of compliance with the law, productivity in delivering the project on time and within budget, maintaining a high standard of safety and protecting freedom of association.

9. Without limiting the obligations and requirements of the NSW Code and NSW Guidelines, the tenderer acknowledges its obligation to ensure, through contract, that subcontractors and consultants similarly do, or allow for, each of these applicable positive obligations.

Privately funded work 10. The tenderer acknowledges and agrees that in respect of its privately funded building and

construction work (to which the NSW Guidelines apply) it, and its related entities, will:

(a) comply with the NSW Code and NSW Guidelines;

(b) maintain adequate records of compliance with the NSW Code and NSW Guidelines (including by contractors);

(c) allow NSW Government authorised personnel to:

(i) access the sites and premises;

(ii) monitor and investigate compliance with the NSW Code and NSW Guidelines;

(iii) inspect any work, material, machinery, appliance, article, or facility;

(iv) inspect and copy any record relevant to the project; and

(v) interview any person;

as is necessary to demonstrate compliance with the NSW Code and NSW Guidelines; and

(d) ensure contractors and consultants similarly do, or allow, for each of these obligations.

(e) Declaration by tenderer and authorised representative

11. By signing this declaration on behalf of the tenderer, the authorised representative declares that they have full authority to execute it and have obtained any necessary consents and approvals to do so.




22 Declaration of Compliance with Building Code 2013


Name of project tendered for:………………………………………………………………………….….

Name of Tenderer, ABN and ACN: ………………………………………………………………….….

1. The Tenderer confirms that it has complied with the Building Code 2013 (Building Code), in preparing this Tender.

2. The Tenderer undertakes that it complies with the Building Code, and has complied with the Building Code from the time of lodgement of this tender, and that it will require compliance by its related entities (see section 8 of the Building Code).

3. The Tenderer undertakes to ensure compliance from all subcontractors and consultants engaged on this project, should it be the successful Tenderer. All contracts must expressly require compliance with the Building Code.

4. The Tenderer agrees that it and its subcontractors and its related entities will provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Fair Work Building Industry Inspectorate, with access to:(a) inspect any work, material, machinery, appliance, article or facility;(b) inspect and copy any record relevant to the Project and Works the subject of this Contract;(c) interview any person; and(d) any document requested under this contract. The document must be provided within the period

specified either in person, by fax or by post, as is necessary to demonstrate its compliance with the Building Code.

5. The Tenderer acknowledges that it is aware the Commonwealth or Minister for Employment may impose a sanction on a Tenderer or Contractor that does not comply with the Building Code.

The sanction imposed may include but is not limited to:(a) the reporting of the breach to an appropriate statutory body or law enforcement agency (if

there is evidence that the breach may also be a breach of a Commonwealth or State law), or industry association;

(b) issuing of a formal warning that future breaches may lead to more significant sanctions;(c) preclusion from Tendering for any Commonwealth funded building and construction work

for a specified period;(d) communication of sanction details to all Commonwealth agencies to ensure a ‘whole-of-

Government’ approach;(e) publication of details of the breach and identification of the party committing the breach;

and (f) a reduction in the number of tendering opportunities that are given.

6. The Tenderer is to select which of the following clauses in italics is appropriate and delete the remaining clause:

a) The Tenderer hereby gives its consent, and confirms that its related entities give their consent, to disclosure by the Commonwealth, its agencies and ministers, of information concerning the Tenderer’s and its related entities’ compliance with the Building Code and whether or not a sanction has been imposed on the Tenderer and/or related entity of the Tenderer, for the exercise of their statutory and portfolio responsibilities (the Purposes).




ORb) The Tenderer has previously given its consent, and confirms that its related entities have

previously given their consent, to disclosure by the Commonwealth, its agencies and ministers, of information concerning the Tenderer’s and its related entities’ compliance with the Building Code and whether or not a sanction has been imposed on the Tenderer and/or a related entity of the Tenderer for the exercise of their statutory and portfolio responsibilities (the Purposes), and confirms that the Tenderer and its related entities have not revoked that consent.

7. The Tenderer has obtained or will obtain the consent of each subcontractor and consultant proposed in its Tender to disclosure by the Commonwealth, its agencies and ministers, of information concerning the proposed subcontractors, compliance with the Building Code and whether or not a sanction has been imposed on any proposed subcontractor, for the Purposes.

8. The Tenderer acknowledges that the consents provided in clause 6 are not limited to this Tender process as the Tenderer is expected to comply with the Building Code in future projects.

9. The Tenderer will:

(a) Describe how the Tenderer has complied with the Building Code in the past (if the Tenderer has undertaken Australian Government funded construction work in the past) and how it will comply if successful. For example, the tenderer will:

(i) comply with the Building Code;(ii) require compliance with the Building Code from all subcontractors before doing business

with them;(iii) apply the Building Code to privately funded projects that commence after they first lodge

an expression of interest or tender for an Australian Government project;(iv) ensure that contractual documents allow for a person occupying a position in the Fair

Work Building Industry Inspectorate to access sites, documents and personnel to monitor compliance with the Building Code, including privately funded construction sites;

(v) ensure project managers or head contractors establish appropriate processes to ensure freedom of association;

(vi) ensure there is a work health safety and rehabilitation (WHS&R) plan for the Project;(vii) respond to requests for information concerning Building Code-related matters made on

behalf of Code Monitoring Group (CMG);(viii) where practicable, ensure contractors or subcontractors initiate voluntary remedial action

aimed at rectifying non-compliant behaviour when it is drawn to their attention;(ix) ensure that CMG secretariat is notified of any alleged breaches, voluntary remedial action

taken or other Building Code-related matters within 21 days of the party becoming aware of the alleged breach; and

(x) be aware that and ensure that sanctions applied under the Building Code are enforced including the exclusion of identified parties from work opportunities in accordance with decisions advised by CMG.

(b) Where the Tenderer proposes to subcontract an element of the work, the Tenderer is either to:(i) provide the information detailed at (a) in relation to each subcontractor; or (ii) detail how the Tenderer intends to ensure compliance with the Building Code by each

subcontractor.(c) Ensure that where threatened or actual industrial action occurs on a project, contractors,

subcontractors, consultants or project managers report such action to the Funding Entity.

10. Where the tenderer has a Fair Work Act 2009 enterprise agreement that was approved on or after 1 February 2013 that enterprise agreement includes a genuine dispute resolution procedure that includes the following:




• the ability for employees to appoint a representative in relation to the dispute; • in the first instance procedures to resolve the dispute at the workplace level; • if a dispute is not resolved at the workplace level, the capacity for a party to the dispute to refer

the matter to an independent third party for mediation or conciliation; and • if the dispute is still not resolved, the capacity for an independent third party to settle the dispute

via a decision binding on the parties.

Privately Funded Projects:11. The Tenderer declares that, in respect to privately funded projects:

(a) The Tenderer and its related entities will comply with the Building Code on all the Tenderer’s and its related entities’ future privately funded projects.

(b) The Tenderer must maintain adequate records of compliance with the Building Code by the Tenderer, its subcontractors and related entities.

(c) The Tenderer agrees that it and any of its related entities will provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Fair Work Building Industry Inspectorate, with access to:

(i) inspect any work, material, machinery, appliance, article or facility;(ii) inspect and copy any record relevant to the Project the subject of this Contract; and(iii) interview any person, as is necessary to allow validation of its compliance with the

Building Code.(d) The Tenderer agrees that the Tenderer and its related entities will agree to a request from

the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Fair Work Building Industry Inspectorate, to produce a specified document within a specified period, in person, by fax or by post.

(e) The Tenderer will ensure that the Tenderer and its related entities permit the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Fair Work Building Industry Inspectorate, to have access to records and to the related entities’ and subcontractors’ premises (to inspect and copy records), as is necessary to ensure that the subcontractors and related entities are complying with the Building Code.




23 Schedule of Skills Development and Training(SUBMIT WITH TENDER FORM)

Refer to Conditions of Tendering clause – Skills Development and Training and Preliminaries clause – Skills Development and Training.

Complete the table below by inserting the tenderer’s commitments to the engagement of apprentices and trainees to carry out the work under the Contract. Commitments must be in the same units (hours, days or percentages) as the specified targets.

Requirement Minimum targets for the Contract as a whole

(in terms of time worked)

Tenderer’s Commitment

Apprentices to be engaged to carry out work under the Contract » (Hours/days) …………….. *Trainees to be engaged to carry out work under the Contract » (Hours/days) .…………… *

* Note: Days are to be calculated as hours/7.The targets below for specific trades must be achieved as part of achieving the specified targets for the contract as a whole.

RequirementMinimum targets

(in terms of time worked)Tenderer’s

Commitment

Apprentices to be engaged to carry out work in the following trades: » specific trade »

» (Hours/days)» (Hours/days)

…………….. *…………….. *

Trainees to be engaged to carry out work in the following occupations: » specific occupation »

» (Hours/days)» (Hours/days)

.…………… *

.…………… *

* Note: Days are to be calculated as hours/7.

Requirement Minimum targets for the Contract as a whole


Apprentice hours as a percentage of hours worked by qualified trades.

» % of hours worked …………….. %

Trainee hours as a percentage of hours worked by occupations with recognised traineeships

» % of hours worked .…………… %

The targets below for specific trades must be achieved as part of achieving the specified targets for the contract as a whole.

Requirement Minimum target(as a percentage of work done by trade or trainee

related occupations)





Apprentice hours as a percentage of hours work by the following trades: » specific trade »

» % of hours worked» % of hours worked

…………….. % …………….. %

Trainee hours as a percentage of hours worked by the following occupations: » specific occupation »

» % of hours worked» % of hours worked

.…………… %

.…………… %

Complete the table below to identify three recent contracts where apprentices and trainees were engaged.

Client Name & location of contractEg. Concord Hospital Carpark; Dubbo Water Treatment Plant;

Contract Price

Start Date/Completion

Date

Number of apprentices

/ trainees engaged

Apprentice/ trainee hours (as a percentage

of total hours worked)

…………. ……………………….... ………….…………./………….

…………./………….. ………%

…………. …………………………. ………….…………./………….

…………./………….. ………%

…………. …………………………. ………….…………./………….

…………./………….. ………%

If requested, provide further information in confirmation.

END OF SECTION –TENDER SCHEDULES




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