Contract Name: · Web view2021/02/08  · End of Schedule of Workplace Relations information...

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Transcript of Contract Name: · Web view2021/02/08  · End of Schedule of Workplace Relations information...

Page 1: Contract Name: · Web view2021/02/08  · End of Schedule of Workplace Relations information Schedule of Compliance with NSW Supplier Code and Industrial Relations Guidelines: Building

User guidanceThis document is part of the GC21 Edition 2 standard form. Please refer to buy.nsw website at https://buy.nsw.gov.au/categories/construction to locate all documents referenced throughout this text. Guidance is based on Microsoft 365 Word.

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

GUIDE NOTES, Guide Note examples

B) Viewing guide notes If the guide notes are not visible, click on the Home/ Show/Hide button If this does not work:

• Go to File/ Options menu;• Select the Display tab;• Tick the Hidden Text check box and click the OK button.

This process can also be used to hide guide notes in a finished document.

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

overtype.

(new) For inserting Contract Title and Contract Number On the File/ Info menu select ‘show all properties’; Overwrite the ‘title’ property ‘Contract Name’ with the new contract title/

name; Overwrite the ‘subject’ property ‘Contract No.’ with the new contract

number.

This will insert the entered Contract Title and Contract No. in the following locations: footer for each page;Tender FormSchedule of Aboriginal Participation Information

D) When drafting is completed1. Remove all guide notes manually or by the following steps:

• On the Home/ Editing menu click Replace, then (if required) • Click the More button;• Click the Format button, click on Font;• Tick the Hidden check box, untick other boxes and click the OK button;• Click the Special button, click on Any Character; then• Click the Replace All button.Note that the option ‘Print hidden text’ has not been checked in File/ Options/ Display.

E) After drafting is completed and the ‘hidden text’ guide notes are hidden or removed :

Update the Table of Contents automatically when printing by ensuring that File/ Options/ Display/ Printing options – ‘Update Fields before printing’ box is checked. Alternatively, update before printing by::

Right click anywhere in the Table of Contents; Select ‘ Update Field’ ; Select ‘ Update entire table’; Click the OK button; then Insert the number of pages in the ‘ Title Page’ document. Note, for larger files, track changes, if on, should be off during this update.

F) Finally, delete this User guidance, along with the following Page Break.

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Tender Schedules

Table of Contents1 Tender Form...............................................................................................12 Schedule of Prices - Lump Sum...............................................................43 Schedule of Rates......................................................................................74 Schedule of Provisional Sums.................................................................95 Schedule of Mandatory Alternative Tenders.........................................106 Schedule of Optional Additional Work..................................................117 Schedule for Adjustment of Customs Tariffs........................................128 Schedule of Qualifications and Departures Information......................139 Schedule of Non-Price Criteria Information..........................................1410 Schedule of Program Information..........................................................1711 Schedule of Technical Data....................................................................1812 Schedule of Tender Concept Design.....................................................1913 Schedule of Information for General Conditions of Contract Schedule

3 (Payment Claim Worksheet)................................................................2014 Schedule of Contract Information..........................................................2115 Schedule of Proposed Subcontractors and Consultants....................2316 Schedule of Internal Designers..............................................................2517 Schedule of External Designers.............................................................2618 Schedule of Financial Assessment Information...................................2919 Schedule of Quality Management Information......................................3020 Schedule of Work Health and Safety Management Information..........3121 Schedule of Environmental Management Information.........................3322 Schedule of Aboriginal Participation Information................................3523 Schedule of Skills Development and Training......................................3724 Schedule of Workplace Relations Information......................................4125 Schedule of Compliance with NSW Supplier Code and Industrial

Relations Guidelines: Building and Construction Procurement.........4226 Schedule of Compliance with the Code for the Tendering and

Performance of Building Work 2016......................................................46

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TENDER SCHEDULES

1 Tender Form(SUBMIT IN ENVELOPE 2)

Tender Closing Office

Name: »Address: »

»

»

Tenderer’s details

Name:(in block letters)

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

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

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

hereby tender(s) to perform the work for:

Tender details

Contract title: » Contract Name:»

Contract number: »Contract No:.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

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 1

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TENDER SCHEDULES

Contract Information Item 45.

For 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.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 2

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TENDER SCHEDULES

2 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 Quantit

yUnit Rate Amount

3. 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.

$ ………….….

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 3

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TENDER SCHEDULES

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 4

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TENDER SCHEDULES

3 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.

ItemNo. Description Quantit

yUnit 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 $ ……...

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 5

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TENDER SCHEDULES

4 Schedule of Provisional Sums(SUBMIT WITH TENDER FORM)

Refer to General Conditions of Contract clause 55 – The Contract Price: Provisional Sums and Conditions of Tendering clause – Provisional Sums.

ItemNo.

DescriptionProvisional Sum

A. » $ »B. » $ »

Total of Provisional Sums $ »

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 6

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TENDER SCHEDULES

5 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

» $ ………….….

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 7

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TENDER SCHEDULES

6 Schedule of Optional Additional Work(SUBMIT WITH TENDER FORM)

For each Optional Additional Work Item listed below, insert the amount to be added to the Contract Price if the Principal elects to proceed with that item of work. Refer to Conditions of Tendering Clause – Optional Additional Work and the referenced Technical Specification clauses.

All amounts must include GST.

Optional Additional Work Item(NOT INCLUDED in the Contract Price stated on the Tender Form)

Spec.Ref. Amount

» » $ ………….….

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 8

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TENDER SCHEDULES

7 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.

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

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

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

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

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

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

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 9

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TENDER SCHEDULES

8 Schedule of Qualifications and Departures Information

(SUBMIT WITH TENDER FORM)

Refer to Conditions of Tendering clause - Qualifications and Departures. List all qualifications and departures to the Tender with sufficient detail to allow their scope and application to be considered.Where this Schedule is completed as a separate document, refer to the document in the declaration below.

Qualification/Departure

RFT reference where applicable

Details

By submitting this Schedule, the Tenderer declares that all qualifications and departures to its Tender are listed in the Schedule of Qualifications and Departures Information.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 10

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TENDER SCHEDULES

9 Schedule of Non-Price Criteria Information(SUBMIT WITH TENDER FORM)

Refer to the non-price criteria identified in Subclause - Weighted Non-Price Evaluation in Conditions of Tendering Clause – Evaluation of Tenders. Address each listed criterion and provide the requested information. Do not provide general information. Cross-reference all information against the listed items to assist in the assessment.

Non-Price Evaluation Criteria Information/ references to address the Criteria

1. » …………………………………………….…………………………………………….…………………………………………….

2. » …………………………………………….…………………………………………….…………………………………………….

3. » …………………………………………….…………………………………………….…………………………………………….

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 11

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TENDER SCHEDULES

10 Schedule of Program Information(SUBMIT WHEN REQUESTED)

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. Avoid including dates in the program. The Tenderer acknowledges and declares that any dates shown in the program are for illustration purposes only and are not conditions or qualifications of its Tender.

The following additional items are to be included in the tender program for each milestone as applicable:

»

»

»

»

»

»

»

»

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 12

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TENDER SCHEDULES

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

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

» …………………………………………

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 13

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TENDER SCHEDULES

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

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

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 14

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TENDER SCHEDULES

13 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) $ ………….…….

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 15

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TENDER SCHEDULES

14 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)

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

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)

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

e-mail address: ………………………………………………

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 16

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TENDER SCHEDULES

15 Schedule of Proposed Subcontractors and Consultants(SUBMIT WHEN REQUESTED)

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, Workplace Relations and Environmental Management performance

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

………………………… ……………………………… ……………………

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 17

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TENDER SCHEDULES

16 Schedule of Internal Designers(SUBMIT WHEN REQUESTED)

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: …………………………………………………………

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 18

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TENDER SCHEDULES

17 Schedule of External Designers(SUBMIT WHEN REQUESTED)

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

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

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 19

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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

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

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 20

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TENDER SCHEDULES

Office FacilitiesDescribe the relevant support facilities available in the various offices (e.g. 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 …………………………………………

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 21

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18 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.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 22

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19 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 9001:2016 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 9001:2016 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 meets the requirements of another NSW Government agency for works comparable (in value and type) to the Works; or

a Quality Management Plan complying with the requirements of the NSW Government Quality management guidelines (Construction Procurement) (Edition 4) for recent past works comparable (in value and type) to the Works.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 23

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20 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

Certification to ISO 45001, or

Certification to AS/NZS 4801, or

Current accreditation with the Office of the Federal Safety CommissionerEvidence 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 contractE.g. 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.

Recent WHS prosecutions and finesProvide:

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 Hazardous building materials include asbestos, asbestos containing materials (ACM),

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 24

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Lead paint and lead dust, synthetic mineral fibre (SMF), polychlorinated biphenyls (PCBs) and ozone depleting substances. Refer to NSW Fair Trading site for more information.

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’ 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.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 25

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21 Schedule of Environmental Management Information

(SUBMIT WITH TENDER FORM)

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 ISO 14001:2004 or AS/NZS ISO 14001:2016 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 ISO14001:2004 or AS/NZS ISO 14001:2016 Environmental Management Systems;

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(NSW) (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 contractE.g. Concord Hospital Carpark; Dubbo

Water Treatment Plant; Tamworth Coles shopping Centre; 3 Storey Unit Block,

Penrith.

Contract Price/

Project Value

Start Date

Completion Date

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 26

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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.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 27

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22 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, where available, up to three contracts/projects completed within the last two (2) years or that are currently being carried out that demonstrate the tenderer’s capacity and commitment to employ or educate Aboriginal people to undertake construction-related activities:

Client Name & location of contractE.g. 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 from or engagement of recognised Aboriginal businesses; or

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

(Tender) Aboriginal Procurement Plan (TAPP)

Submit a TAPP which must address the Tenderer’s plan to meet the minimum Aboriginal Participation Requirement, either utilizing the template below or similar. The minimum Aboriginal Participation Requirement can be met through one or a combination of the following:

• at least 1.5% of the APP Contract Value is subcontracted to Aboriginal Businesses;

• at least 1.5% of the full time equivalent (FTE) Australian based workforce deployed on the Contact are Aboriginal Employees, on average, over the duration of the Contract, excluding Milestones that do not include design or construction;

• at least 1.5% of the APP Contract Value is applied to the cost of education, training or capability building for Aboriginal Employees or Aboriginal Businesses directly contributing to the Contract; or

• any combination of the above, such that the combined percentages add up to at least 1.5%.

The APP Contract Value will be specified in Contract Information item 15F after tenders close based on the Contract price and taking into account accepted exclusions. Exclusions include activities unrelated to design and construction, with very limited opportunities for Aboriginal participation.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 28

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For the purposes of the TAPP, use the Contract Price as the APP Contract Value.

Refer to Preliminaries clause – Aboriginal Participation for further details including the development of the TAPP into an APP, reporting requirements and liabilities where the accepted Aboriginal Participation Requirement has not been achieved.

Aboriginal Participation Plan (template/ guide)(expand table to suit response with a 3 x A4 page limit at Times Roman font 12)

Contract Name/ No. Contract Name: Contract No:.

Tenderer Name:

Tenderer ABN:

APP Contract Value/ Contract Price:

The value of Exclusions proposed to the Contract Price to determine the APP Contract Value (1)

Details to support the proposed Exclusions, taking into account the principles of the Aboriginal Procurement Policy (1)

Percentage allocated to subcontracted Aboriginal Businesses;

Details of Aboriginal Businesses including verification and No. of employees directly involved in the Works.

Percentage allocated to employment of Aboriginal Employees on a FTE basis,

Details of Aboriginal Employees, including numbers of Aboriginal employees, proposed opportunities and verification of Aboriginal heritage

Percentage allocated to the cost of education, training or capability building for Aboriginal Employees or Aboriginal Businesses

Details of education, training or capability building for Aboriginal Employees or Aboriginal Businesses including relevant organisations and supported activities

(1) The Tenderer acknowledges that the proposed exclusions are for consideration only and are not conditions or qualifications of its Tender. The Tenderer acknowledges the right of the Principal to determine the APP Contract Value without affecting its tender subject to the APP Contract Value not exceeding the Contract Price.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 29

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23 Schedule of Skills Development and Training(SUBMIT WHEN REQUESTED)

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 wholeTenderer’s

CommitmentApprentice 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)

Tenderer’s Commitment

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 30

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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

.…………… %

.…………… %

Additional requirements and opportunities apply to higher value contracts under the Infrastructure Skills Legacy Program (ISLP).Complete the table below by inserting the Tenderer’s commitments and/ or provide a separate response.

Requirement Minimum targets for the Contract as a whole

Tenderer’s Commitment

Learning Workers* to be engaged to carry out work under the Contract

20 per cent of the total project workforce …………….. *

Apprentices to be engaged to carry out work under the Contract

20 per cent of all trade positions .…………… *

Women in trade-related work under the Contract

Double the number currently engaged …………….. *

Workers under 25 years of age 8% of the total project workforce …………….. *

Local workers employed and trained Contractor to proposeOptional targets

People with a disabilityLong-term unemployed peopleRefugees and Asylum SeekersReturned service men and womenOther disadvantaged and under-represented groups

* Note: ‘ Learning Workers’ includes trainees, apprentices and workers who need to update their qualifications to meet the needs of the project.

Submit details of: the Tenderer’s capacity to meet the above stated commitments; the actions and time frame to be taken to progressively meet the stated commitments; and the persons who will be responsible for managing the actions proposed.

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

Client Name & location of contract

E.g. 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)

…………. ………………………....

………….

…………./………….

…………./………….. ………%

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 31

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…………. ………………………….

………….

…………./………….

…………./………….. ………%

…………. ………………………….

………….

…………./………….

…………./………….. ………%

If requested, provide further information in confirmation.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 32

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24 Schedule of Workplace Relations Information(SUBMIT WHEN REQUESTED)

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 New South Wales Industrial Relations Guidelines: Building and Construction Procurement (July 2013, updated September 2017) available from:https://www.industrialrelations.nsw.gov.au/industries/key-industries-in-nsw/building-and-construction/

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 33

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25 Schedule of Compliance with NSW Supplier Code and Industrial Relations Guidelines: Building and Construction Procurement

(SUBMIT WHEN REQUESTED)

Refer to Conditions of Tendering clause –Supplier Code and Industrial Relations Guidelines.

Terminology1. Terms used in this Schedule have the same meaning as is attributed to them in the NSW

Industrial Relations Guidelines: Building and Construction Procurement (NSW Guidelines) (as published by the NSW Treasury July 2013 and updated September, 2017) and the NSW Government Supplier Code of Conduct (the ‘Code’).

2. In particular, as stated in clause 3.1 of the NSW Guidelines; any relevant document or procedure referencing the Implementation Guidelines to the NSW Code of Practice for Procurement: Building and Construction - means a reference to these re-issued Guidelines. Relevant documents may include but not are limited to: a Practice Direction, a workplace relations management plan or a model contract clause.Primary acknowledgments and undertakings

3. By completing this Compliance Schedule and submitting an expression of interest or tender response, the Tenderer:

(a) acknowledges that the Code and the NSW Guidelines apply to the Contract;

(b) has read and understood the Code and NSW Guidelines and the obligations they impose;

(c) undertakes that it, and its related entities and subcontractors, will comply with the Code, the NSW Guidelines, and the contractual terms that give effect to them on:

(i) the Contract;

(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 tender response (if not already required to comply on such privately and publicly funded projects);

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

(i) the 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;

(e) confirms 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 Code as amended from time to time including the Commonwealth Building Code 2016 (National Guidelines), they have done so; and

(f) 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 4. The NSW Treasury, through the Construction Compliance Unit (CCU), has responsibility

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

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 34

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5. The Tenderer acknowledges that where it, or a related entity, fails to comply with the 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

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

Disclosure of information 6. 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 related entities', compliance with the 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.

7. The 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.

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

9. 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 Code and NSW Guidelines; and

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

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

Positive obligations 11. Without limiting the obligations and requirements in the NSW Guidelines, the Tenderer

acknowledges and agrees to cooperate with the Principal and the CCU in respect of the investigation of compliance with the NSW Guidelines. The Tenderer undertakes to comply with its positive obligations under the Code and NSW Guidelines, including to:

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 35

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

(b) ensure, through contract, that each Subcontractor or consultant agrees to comply with the applicable plans and policies for the Contract referred to in clause 11c below.

(c) allow, before any contract is awarded, the Principal and the Construction Compliance Unit (CCU), NSW Industrial Relations to take any steps to investigate claims, statements and assertions made by the tenderer in:

(i) a Workplace Relations Management Plan;

(ii) a Work Health Safety (WHS) Management Plan or Site specific Safety Management Plan and any other documents and information necessary to meet the requirements of section 9 of the NSW Guidelines; and

(iii) this Schedule.

(d) allow NSW Government authorised personnel to:

(i) access the Contract site and other premises;

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

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

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

(v) interview any person;

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

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

(f) (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 timelines 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;

(g) report any threatened or actual industrial action that may impact the Contract, contract 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;

(h) 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 Contract or other related contracts on time and within budget; and

(i) take all reasonably available steps to prevent, or bring to an end, unprotected industrial action occurring on, or affecting the Contract, 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 Contract on time and within budget, maintaining a high standard of safety and protecting freedom of association.

12. Without limiting the obligations and requirements of the 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.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 36

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Privately funded work 13. 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:

(b) comply with the Code and NSW Guidelines;

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

(d) allow NSW Government authorised personnel to:

(i) access the sites and premises;

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

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

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

(v) interview any person;

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

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

(f) Declaration by tenderer and authorised representative

Declaration 14. By signing this declaration on behalf of the Tenderer, the authorised representative declares

that it has full authority to execute it and have obtained any necessary consents and approvals to do so.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 37

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26 Schedule of Compliance with the Code for the Tendering and Performance of Building Work 2016

(SUBMIT WHEN REQUESTED)

1.1.0. In this Declaration of Compliance:ABCC means the body referred to in subsection 29(2) of the Act.ABC Commissioner means the Australian Building and Construction

Commissioner referred to in subsection 15(1) of the Act.Act means the Building and Construction Industry (Improving

Productivity) Act 2016 (Cth).Building Code means the Code for the Tendering and Performance of

Building Work 2016, which is available at https://www.legislation.gov.au/Details/F2019C00289.

Building Contractor has the same meaning as in the Act.Building Industry Participant

has the same meaning as in the Act.

Building Work has the same meaning as in subsection 3(4) of the Building Code.

Commonwealth Funded Building Work

means Building Work in items 1-8 of Schedule 1 of the Building Code.

Enterprise Agreement has the same meaning as in the Fair Work Act 2009 (Cth).Exclusion Sanction has the same meaning as in subsection 3(1) of the Building

Code. Related Entity has the same meaning as in subsection 3(2) of the Building

Code.Subcontractor means a Building Contractor or Building Industry Participant

who the Tenderer has entered, or proposes to enter, into a subcontract with to undertake any of the Works.

Works means the Commonwealth Funded Building Work that is the subject of this Request for Tender.

Name of Tenderer …………………………………………..

ACN …………………………………………..

ABN: …………………………………………..

1.1.1. The Tenderer acknowledges that it and its Related Entities must comply with the Building Code in relation to all Building Work described in Schedule 1 of the Building Code for which an expression of interest or request for tender (however described) is called on or after the date that the Building Code commenced, being 2 December 2016, and, should it be the successful Tenderer, in relation to the Works.

1.1.2. The Tenderer undertakes to ensure that it and its Subcontractors, should it be the successful Tenderer, comply with the Building Code.

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 38

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1.1.3. the Tenderer hereby consents to the disclosure of information concerning compliance with the Building Code, including details of whether or not an Exclusion Sanction has been imposed. This consent extends to disclosure by the Commonwealth, its agencies and ministers, and disclosure to others for the purposes of facilitating compliance with the Building Code and the exercise of their statutory and portfolio responsibilities. tenderers must ensure that their proposed subcontractors and consultants are also aware of, and agree to comply with, these rights of use and disclosure.

1.1.4. The Tenderer acknowledges the powers and functions of the ABC Commissioner and the ABCC under the Act and the Building Code and undertakes to ensure that it and its Subcontractors will comply with any requests made by the ABCC and the ABC Commissioner within those powers and functions, including but not limited to requests for entry under section 72 of the Act, requests to interview any person under section 74 of the Act, requests to produce records or documents under sections 74 and 77 of the Act and requests for information concerning matters relating to the Building Code under subsection 7(c) of the Building Code.

1.1.5. The Tenderer declares that where it proposes to subcontract any of the Works, should it be the successful Tenderer, it will:

a. not enter into a subcontract with a Subcontractor who:

i. is covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code;

ii. is subject to an Exclusion Sanction;

iii. has had an adverse decision, direction or order made by a court or tribunal for a breach of the Act, a designated building law, work health and safety law or competition and consumer law and failed to comply with the decision, direction or order; or

iv. unless approved otherwise by the ABC Commissioner, is excluded from performing Building Work funded by a state or territory government; and

b. only enter into a subcontract where:

i. the Subcontractor undertakes to only use products in relation to the Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia;

ii. the Subcontractor undertakes to comply with the Workplace Relations Management Plan approved by the ABCC in accordance with Part 6 of the Building Code that applies to the Works;

iii. the Subcontractor has submitted a declaration of compliance, including the further information outlined in Attachment A to the declaration of compliance, in substantively the same form as the model declaration of compliance applicable to contractors and subcontractors in relation to the Building Code; and

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 39

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iv. the subcontract with the Subcontractor contains clauses in substantively the same form as the model contract clauses applicable to contractors and subcontractors in relation to the Building Code.

1.1.6. The Tenderer declares that it has provided all of the further information required by Attachment A to this Declaration of Compliance.

1.1.7. The Tenderer declares that:

a. it is not covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code;

b. it is not subject to an Exclusion Sanction;

c. it has not had an adverse decision, direction or order made by a court or tribunal for a breach of the Act, a designated building law, work health and safety law or competition and consumer law and failed to comply with the decision, direction or order;

d. it will only use products in relation to the Works that comply with the relevant Australian standards published by, or on behalf of, Standards Australia, should it be the successful Tenderer; and

e. it will comply with the Workplace Relations Management Plan approved by the ABCC in accordance with Part 6 of the Building Code that applies to the Works, should it be the successful Tenderer.

(COMPLETE ATTACHMENT A BELOW)

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 40

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ATTACHMENT A – Information regarding Compliance with the Code for the Tendering and Performance of Building Work 2016The following information must be provided as part of the Schedule of Compliance with the Code for the Tendering and Performance of Building Work 2016, (which constitutes a Declaration of Compliance). This information can either be set out in this table or in an annexure to this Attachment and the Declaration of Compliance.

Item Requirement Compliance

1Does the Tenderer have an Enterprise Agreement that does not meet the requirements of section 11 of the Building Code?

(Re Provide Details: attach a copy of the letter of compliance or declaration of eligibility if the Tenderer is awaiting a letter of compliance and is not covered by an Enterprise Agreement made on or after 2 December 2016)

Yes / No

Provide Details

2 Is the Tenderer excluded from performing Building Work funded by a state or territory government? If so, the Tenderer may be excluded from further consideration.

Yes / No

Details:

3 Has the Tenderer within the preceding 3 years had an adverse decision, direction or order of a court or tribunal made against it for a breach of a designated building law, work health and safety law or the Migration Act 1958 (Cth)?

Yes / No

Details:

4 Has the Tenderer or its Related Entities within the preceding 3 years been required to pay any amount under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of Building Work) to a Building Contractor or Building Industry Participant?

Yes / No

Details:

5 Has the Tenderer or its Related Entities within the preceding 3 years owed any unsatisfied judgement debts to a Building Contractor or Building Industry Participant?

Yes / No

Details:

END OF SECTION –TENDER SCHEDULES

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

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

In the Office Bearer capacity of: …………………………………………………………………………Contract Name::Contract Name: GC21 Edition 2 - Revision Date: 08/02/2021

Contract No.: Contract No:. Page 41