GC21 Edition 2

General conditions of contract

• Clause 13.15 Commonwealth Building Code 2016. Clause updated from 2013 to 2016.
• Clause 15.1.1 NSW Government Implementation Guidelines to the NSW Code of Practice replaced by New South Wales Industrial Relations Guidelines: Building and Construction Procurement to the NSW Code of Practice for Procurement.
• Clause 16 A Commonwealth Building Code 2016. Clause updated from 2013 to 2016.
• Clause 16.1.1 Work Health and Safety (WHS) Regulation 2017 (NSW). Clause updated from 2011 to 2017.
• Clause 16.1.3.2 Work Health and Safety (WHS) Regulation 2017 (NSW). Clause updated from 2011 to 2017.
• Clause 17.1 Building and Construction Industry (Improving Productivity) Act 2016- Clause updated from 2005 to 2016.
• Schedule 12.1 Building and Construction Industry (Improving Productivity) Act 2016- Clause updated from 2005 to 2016.
• Clause 26.11.3. Deletion of reference to NSW Procurement Board Direction PBD 2017-03 about Exclusion of Proportionate Liability.
• Clause item 15A WHS Regulation 2011 replaced with WHS Regulation 2017.

Preliminaries

• Clause 5.5 WHS Regulation 2011 replaced with WHS Regulation 2017.
• Clause 5.6 Hazardous Substances Information System replaced by Hazardous Chemical Information System.
• Clause 5.7 Asbestos Removal WorkCover Guide Managing Asbestos in or on Soil replaced by SafeWork NSW Managing Asbestos in or on Soil.

Tender schedules

• Schedule 14 Schedule of Quality Management Information. Added reference to AS/NZS ISO 9001:2016.
• Schedule 14 Schedule of Quality Management Information. Added reference to AS/NZS ISO 9001:2016.
• Schedule 16 Schedule of Environmental Management Information. Added reference to AS/NZS ISO 14001:2016.
• Schedule 20. NSW Government Implementation Guidelines to the NSW Code of Practice replaced by New South Wales Industrial Relations Guidelines: Building and Construction Procurement to the NSW Code of Practice for Procurement.
• Schedule 21 NSW Government Implementation Guidelines to the NSW Code of Practice replaced by New South Wales Industrial Relations Guidelines: Building and Construction Procurement to the NSW Code of Practice for Procurement.
• Schedule 22 Declaration of Compliance with Building Code 2013 replaced by Code for the Tendering and Performance of Building Work 2016.

Condition of tendering

• Clause 1.2.1. New South Wales Government’s Guidelines to the New South Wales Code of Practice replaced with New South Wales Industrial Relations Guidelines: Building and Construction Procurement (NSW Guidelines).
• Clause 1.2.2. NSW Code and Implementation Guidelines replaced with NSW Code and NSW Guidelines.
• Clause 2.2. Quality Management. Added reference to AS/NZS ISO 9001:2016.
• Clause 2.3. Australian Government Building and Construction OHS Accreditation replaced with Australian Government WHS Accreditation.
• Clause 2.3. Building and Construction Industry Improvement Act 2005 (Cth) (BCII Act) replaced with Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act).
• Clause 2.3. work as defined under section 5 of the BCII Act replaced with work as defined under section 6 of the BCIIP Act.
• Clause 4.5. NSW Government Implementation Guidelines to the NSW Code of Practice replaced with NSW Industrial Relations Guidelines: Building and Construction Procurement.
• Clause 4.7. Commonwealth Building Code 2013 replaced with Commonwealth Building Code 2016.
• Clause 4.7. Building Code 2013 (Building Code) and the Supporting Guidelines to the Building Code 2013 (Supporting Guidelines) replaced by Code of Tendering and Performance of Building Work 2016 (Building Code).
• Clause 4.7. www.employment.gov.au/BuildingCode replaced with https://www.abcc.gov.au/building-code.
• Clause 4.7. Following definitions added
• 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/F2016L01859.
• 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.
• Works means Commonwealth Funded Building Work that is the subject of this Request for Tender.
• Clause 4.7. The Building Code applies to the Works. Tenderers must ensure that their proposed subcontractors and consultants are also aware of, and agree to comply with, these rights of use and disclosure.
• Clause 4.8. NSW Government Policy on Aboriginal Participation in Construction replaced with NSW Government Aboriginal Participation in Construction Policy.
• Clause 4.8. https://www.procurepoint.nsw.gov.au/policy-and-reform/construction-policies replaced with https://www.procurepoint.nsw.gov.au/policy-and-reform/construction-procurement-policy.
• Clause 4.9. Procurement Board Direction PBD 2016-02 Construction apprenticeships replaced with Procurement Board Direction PBD 2017-05 Construction training and skills development.

Conditions of tendering

• Condition 7.1A: Addition of “Effect of Tender” condition.

General Conditions of Contract

• Clause 78. Addition of Force Majeure Event definition.
• Clause 77A. Addition of Force Majeure Events clause.

General conditions of contract

• Clause 78. Removal of Force Majeure Event definition.
• Clause 77A. Removal of Force Majeure Events clause.

General conditions of contract

• Miscellaneous updates (for example, names of NSW Government agencies, names and hyperlinks to referenced documents and websites) and editing for accuracy, consistency and clarity.
• User Guidance page added at front of document and instructions to auto-fill Contract Name and Contract Number in footer for each page, Contract Information item 1, Schedules 1, 2, 3, 4 and 15 and Attachments 2a and 3.
• Copyright information, Acknowledgements,  Government Codes and Guidelines updated.
• Preface and Use of this document expanded to explain benefits and use of GC21 suite of documents.
• Clause 1. Note amended to explain application of document to a broad range of design types.
• Clause 5. Note added to explain that clause does not replace other notification obligations.
• Clause 7. Note amended to clarify optional use of deed or agreement.
• Clause 7.5. Note added with reference to sample deed (new Schedule 15).
• Clauses 8.8, 37.6.2, 38.3.2, 44.3, 48.3, 49.4.2, 50.3, 52.4, 53.3 and 54.1. Text: ‘that complies with clause 68.3’ added after ‘Claim’ to emphasise that clause 68 applies to all Claims.
• Clauses 8.8, 34.2, 37.6.2, 38.3.2, 47.6.4, 48.3.1, 49.4.2 and 53.3.2. Text: ‘in accordance with’ replaced with ‘under’ for references to clause 51 and vice-versa for references to clauses 48 and 50 for consistency.
• Clause 11.2. Clause amended to require confirmation of a verbal instruction within 3 Business Days
  Clause 12.2.3. Text: ‘certifications’ added to list.
• Clause 13. Clause amended to include Supplier Code of Conduct with original text moved to new Schedule 13.
• Clause 15.1. Compliance with NSW Government Requirements. Amended to refer to current guidelines.
• Clause 22. Note amended to clarify Contractor obligation.
• Clause 22.2. Clause amended for clarification and refer expressly to updated programs.
• Clause 22.3. Monthly updates added and clause amended for clarification.
• Clause 22.4. Clause amended for clarification.
• Clause 28.5. New clause added to allow Principal to obtain subcontract documents.
• Clause 35. Note amended to emphasise independence of Valuer.
• Clause 37.2. Note added to emphasise obligation to provide early warning and available Contractor options.
• Clause 37.3. Text: ‘should’ replaced with ‘is to’.
• Clause 37.3. Note added to emphasise obligation to fully comply with notice requirements.
• Clauses 39.9, 43. Text: ‘Building Code of Australia’ replaced with ‘National Construction Code’.
• Clause 47.1.3. Text: ‘clause 50 and’ added for clarity.
• Clause 48.2. Clause restructured for clarity.
• Clause 48.5. Note added to emphasise need for conditions with acceptance of a Contractor proposed Variation.
• Clause 50.3. Clause amended emphasise need for Contractor to provide a current program and minimise delay.
• Clause 50.9. Clause amended for clarity.
• Clause 51.1. Clause amended to clarify that delay costs do not apply to Day work.
• Clause 52.4. Clause amended to require Contractor to make Claim.
• Clause 54.1. Clause amended to require Contractor to make Claim.
• Clause 55.4. Clause amended to clarify that there is no right to an extension of time when work under a Provisional Sum is instructed.
• Clause 57.1.3. Clause amended to clarify that Contractor has a right to 1/3 of specified Prepayment amount.
• Clause 59.1. Note amended to emphasise action that can be taken for an incomplete (or no) Supporting Statement.
• Clause 66.1. Clause amended to clarify that parties have right to amend time requirement.
• Clause 68.3. Note added to encourage Claims to submitted in an appropriate format.
• Clause 70.2. Note added to clarify that Senior Executives have right to amend time requirement.
• Clause 78.4. Clause amended to clarify meaning of ‘day’.
• Clause 79. Business Day. Definition amended to include reference to clause 78.4.
• Clause 79. Principal’s Documents. Definition amended to clarify inclusion of RFT commercial documents
• CI and CI Guide Notes Generally. Miscellaneous updates and editing (for example, names and requirements of NSW and Commonwealth Government guidelines and hyperlinks to referenced documents and websites).
• CI Guide Notes Introduction and items 13, 15A, 15E, 21, 22, 23, 49B and 50A. Minor amendments to text for consistency and clarity.
• CI items 8, 9, 10, 11, 12, 15F (part), 26 and 40. Text added that ‘item completed after tenders’ to advise tenderers about incomplete items.
• CI Guide Note item 14. Amended to include all items and include documents that were previously listed in  similar clause 1.4 in Preliminaries.
• CI item 14. Heading amended to include ‘consents’ and suit guide note.
• CI item 15B. Amended to delete WRMP requirement as this is now a CoT requirement.
• CI item 15E. Amended to include ISLP option for contracts over $100 million.
• CI Guide Note item 15F. Amended to reflect Aboriginal Procurement Policy applying from 1 January 2021.
• CI Guide Note item 20. Amended to include PBD 2017-13 requirement.
• CI Guide Note Insurance. Amended to clarify use of icare insurance options.
• CI items 21 and 22. Amended to clarify ‘Period of cover’ in accordance with icare advice.
• CI item 24. Amended to increase ‘Period of cover’ for Professional Indemnity insurance.
• CI Guide Note item 26. Amended to clarify documents to include in ‘Other Contract Documents’.
• CI Guide Note item 31. Amended to emphasise risk of only including one preferred subcontractor.
• CI Guide Note item 36. Amended to clarify documents to include in ‘Site Information’.
• CI item 36. Amended to clarify documents to include in ‘Site Information’.
• CI Guide Note item 38. Amended to clarify items to include in ‘Scope of Design activities – design by Contractor’,
• CI Guide Note item 48. Amended to simplify calculation of ‘interest on late payments’.
• CI item 48. Amended to reduce ‘interest on late payments’ to a current market rate.
• CI item 50C. Amended to increase default ‘Litigation Threshold’ from $100,000 to $200,000.
• CI item 54. Amended to increase default ‘Litigation Threshold’ from $500,000 to $1 million
• Schedules and Attachments Generally. Miscellaneous updates and editing (for example, names and requirements of NSW and Commonwealth Government guidelines and hyperlinks to referenced documents and websites). Additionally all schedules numbered to allow easier referencing in table of contents.
• Schedule 3. Reference added to ‘Payment Claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)’.
• Schedule 4. Payment period in clause 12 amended to 15 Business Days for consistency.
• Schedule 6. Corrected references to Principal Contractor and Subcontractor.
• Schedule 8. Clause application to Daywork clarified.
• Schedule 10. Guide notes, text and options amended following discussions with icare.
• Schedule 13. New Schedule with text from previous clause 13 and update of Guidelines.
• Schedule 14. Amendments following update of Guidelines.
• Schedule 15. New Schedule. Deed of Contract Agreement’ from GC21 Edition 1.
• Attachment 1. Inclusion of additional items in Agenda to suit amended clause 32.

Preliminaries

• Miscellaneous updates (for example, names of NSW Government agencies, names and hyperlinks to referenced documents and websites).
• User Guidance page. Instructions to auto-fill Contract Name and Contract Number in footer for each page.
• Clause 1.2. Guide notes and text amended to take into account requirements of Design and Building Practitioners Act 2020 (NSW) (DBP Act).
• Clause 1.4. Text amended to require all approval documents to be listed under Contract Information item 14.
• Clause 1.6. Guide notes and text amended to take into account requirements of Building and Development Certifiers Act 2018.
• Clause 2.1. Guide notes and text amended to clarify compliance with an accepted concept design by the Contractor.
• Clause 2.2. Guide notes amended to clarify extent of Contractor documents required.
• Clause 2.3. text amended to require prompt submission of WAE for buried services.
• Clause 2.3. text amended to require return of restricted documents on completion of a Milestone.
• Clause 3.1. Guide note amended to reinforce importance of listing all SoR items.
• Clause 3.2. Guide note amended to reinforce importance of listing all Rate items.
• Clause 3.4. Text amended for clarity and consistency.
• Clause 3.5. Text amended for consistency.
• Clause 3.6. Guide note amended to emphasise benefit of including more than one preferred Subcontractor.
• Clause 3.7. Guide note amended to explain risks of using a Bill of Quantities.
• Clause 4.1. Text and table amended for clarity and consistency with other clauses.
• Clause 4.2. Guide notes and text amended to comply with revised Aboriginal Procurement Policy applying from 1 January 2021 (significant change).
• Clause 4.3. Guide notes and text amended to include new Infrastructure Skills Legacy Program.  Text amended for clarity and consistency.
• Clause 4.4. Guide notes and text amended for clarity and consistency.
• Clause 5.2. Guide note amended to include Protection of Children restrictions.
• Clause 5.3. Guide note amended to include additional requirement for restricted access.
• Clause 5.4. Text amended for clarity and consistency. Inclusion of recordkeeping for changes to services.
• Clause 5.5. Guide notes and text amended for clarity and consistency. Report inclusions re-arranged. Requirement added for formwork certifier to be registered under the Design and Building Practitioners Act 2020 (NSW) or similar.
• Clause 5.6. Text amended for clarity, consistency and prompt notification of an unexpected discovery . Guide note added with regard to information identified in the contract documents.
• Clause 6.1. Text amended for clarity and consistency. Report inclusions re-arranged.
• Clause 6.3. Text amended for clarity and consistency.
• Clause 7.2. Text amended for clarity and consistency.
• Clause 7.4. Text amended for clarity and consistency.
• Clause 7.5. Guide note amended to explain use of proprietary items. Text amended for clarity and consistency.
• Clause 7.6. Guide note amended to emphasise risk in nominating items supplied by the Principal. Text amended to refer to Contractor obligation to minimise delay.

Conditions of tendering

• Miscellaneous updates (for example, names of NSW Government agencies, names and hyperlinks to referenced documents and websites).
• User Guidance page. Instructions to auto-fill Contract Name and Contract Number. in footer for each page.
• Clause 1.2. Clause deleted. Industrial Relations requirements moved to clause 4.5.
• Clause 2.3. WHS guide notes amended for clarity and consistency with General Conditions and Contract Information.
• Clause 2.5. Text amended for clarity and consistency.
• Clause 3.1. Text and guide note amended for clarity and consistency.
• Clause 3.6. Guide notes amended for clarity and consistency.
• Clause 3.9. Guide notes amended for clarity and consistency.
• Clause 4.5. Supplier Code and Industrial Relations Guidelines combined with Workplace Relations. Text and guideline amended to suit new requirements. Clause amended to be consistent with similar clauses and to remove duplication with Tender Schedule.
• Clause 4.7. Commonwealth Building Code text amended to be consistent with similar clauses and to remove duplication with Tender Schedule.
• Clause 4.8. Aboriginal Participation Guidelines text and guideline amended to suit new requirements.
• Clause 4.9. Skills, Development and Training text and guideline amended to suit new requirements.
• Clause 5.1. Guide note added for reference.
• Clause 6.2. Optional Additional Work clause added from MW21.
• Clause 8.2. Guide note amended for clarity.

Tender schedules

• Miscellaneous updates (for example, names of NSW Government agencies, names and hyperlinks to referenced documents and websites).
• User Guidance page. Instructions to auto-fill Contract Name and Contract Number in footer for each page and Tender Form.
• Schedule 7. Optional Additional Work Schedule added from MW21.
• Schedule 16. WHS Schedule updated.
• Schedule 18. Aboriginal Participation Schedule amended to suit new requirements.
  Schedule 21. Workplace Relations guide note amended.
• Schedule 22. Compliance with Supplier Code and Industrial Relations Schedule amended to include deleted text from CoT clause.
• Schedule 23. Compliance with Commonwealth Code amended for consistency and to include deleted text from CoT clause.
• Schedule 24. Skills Development Schedule amended to suit new requirements.

Title page

• User Guidance page updated, reformatted and expanded.
• ‘Facsimile number’ reference replaced by ‘email address’.
• Guide notes expanded and clarified including a procedure to include electronic files.

Conditions of tendering

• Miscellaneous reformatting, particularly related to 'hidden text'. Also corrections and edits for accuracy and consistency.
• User Guidance page. Reformatted and expanded for consistency and to deal with updating of Page numbers and Table of Contents.
• Table of Contents. Revised guide note with link to User Guidance.
• Conditions of Tendering (before clause 1). Amended guide note for clarity.
• Clause 3.1. Added reference to Preliminaries clause Existing services to highlight Contractor obligations.
• Clause 5.2. Deleted facsimile number listing.
• Clause 5.3. Expand guide note with regard to ‘mandatory pre-tender meetings’.
  Clause 6.6. Clarify program requirements and link to Schedule.

Tender schedules

• Miscellaneous reformatting, particularly related to 'hidden text'. Also corrections and edits for accuracy and consistency.  Reduced documents required with Tender.
• User Guidance page. Reformatted and expanded for consistency and to deal with updating of Table of Contents.
• Table of Contents. Revised guide note with link to User Guidance.
• Tender Form. Amended guide note to link listed sections with ‘Title page’.
• Schedule of Rates. Amended guide note to highlight need to complete ‘Application of Schedule of Rates’ for all SoR items.
• Schedule of Prices – Lump Sum. Amended guide note to highlight need to complete ‘Application of Tendered Rates’ for all Rate items.
• Schedule of Program Information. Amended text to deal with issue of dates included in a tendered program being a condition of tender. Provided options and examples for inserting required details.
• Schedule of WHS Management Information. Amended guide note and text to explain ‘hazardous materials’.
• Schedule of WHS Management Information. Deleted undertaking to provide monthly reports as this is a contract condition and does not require confirmation.
• Schedule of Environmental Management Information. Corrected EM1A guide note and amended EM2A guide note to apply to environmentally sensitive projects.
• Schedule of Skills Development and Training. Relocated Schedule from last schedule to before Workplace Relations Schedules.

General Conditions of Contract

• Miscellaneous reformatting and ‘hidden text’ corrections. Also corrections and edits for accuracy and consistency.
• User Guidance page. Reformatted and expanded for consistency and to deal with updating of Table of Contents.
• Table of Contents. Added guide note with link to User Guidance.
• Preface. Using this document. Added that document could be referred to under general names.
• Clause 48. Amended initial note to clarify application of clauses.
• Clause 48.3 and following clauses. Corrected inadvertent deletion of clause number 48.3.
• Clause 48.6. Revised note to clarify risk of accepting a Variation proposal without conditions.
• Clause 55.4. Revised text of clause to clarify that EoT restriction only applied to Provisional Sum work and not issues related to when instruction to carry out work was issued.
• CI item 15A. Amended guide note.
• CI item 50B. Moved contact details from guide note into item.

Preliminaries

• Miscellaneous reformatting and ‘hidden text’ corrections. Also corrections and edits for accuracy and consistency.
• User Guidance page. Reformatted and expanded for consistency and to deal with updating of Table of Contents.
• Table of Contents. Amended guide note with link to User Guidance.
• Preliminaries (before clause 1). Amended guide notes for clarity.
• Clause 5.6. Updated definition of ‘hazardous substances’ and references.
• Clause 5.7. updated asbestos removal references.
• Clause 6.3. Amended references for waste reporting.

Conditions of tendering

• Hidden text for guide notes corrected. Typographical errors corrected.
• Clause 2.6. Amended guide note to restrict Best Practice Accreditation application (reduced security) to contracts less than $9 million (excluding GST) to align with Enforceable Procurement Provisions.
• Clause 3.1. Replaced option for Tenderer to carry out further investigation with request to Principal.
  Clause 6.3. Optional ‘Qualifications and Departures’ clause added.
• Clause 6.4. Optional ‘Non-Price Criteria Information’ clause added.
• Clause 7.5. Deleted option to lodge tenders by facsimile.
• Clause 8.1. Added requirement to list weighted non-price criteria in priority order and add guide notes to assist in application of a weighted scoring process.

Tender schedules

• Re-ordered Schedules to improve consistency.
• User guidance page - reformatted and expanded for consistency and to deal with updating of Table of Contents.
• Table of Contents. Revised guide note with link to User Guidance.
• Tender Form. Amended guide note to link listed sections with ‘Title page’.
• Schedule of Qualifications and Departures Information. New Schedule added to encourage tenderers to record qualifications and departures.
• Schedule of Non-Price Criteria Information. New Schedule and guidance added to allow Principal to specify required information and tenderers to respond.

General conditions of contract

• Clause 22.2. Updated program requirements to show percentage complete, provisional sum (PS) work and date by which an instruction to proceed with PS work is needed.
• Clause 27.3. Included option to require third party property damage insurance for Contractor motor vehicles.
• Clause 37.1. Included obligation for Contractor to inform Principal before acting on an adverse Site Condition where Principal’s response may be delayed.
• Clause 55.5. Deleted provision for Provisional Quantities.
• Clause 68.5. Rewrote procedure to deal with Contractor’s claims to improve clarity.
• Clause 79. Amend definition of Principal’s Documents to clarify responsibility for consultant documents provided prior to novation.
• Clause 79. Deleted definition of Provisional Quantities.
• Clause 5.4. Clarified responsibility for pre-award identification of known services by a novated consultancy.
  CI 25A. Added new item for property damage insurance for Contractor motor vehicles.
• CI 33A. Restricted Best Practice Accreditation application (reduced security) to contracts less than $9 million (excluding GST) to align with Enforceable Procurement Provisions.
• CI 49B. Add guide note to explain risks in specifying Liquidated Damages.

Preliminaries

• Clause 2.7. Added new clause to require monthly progress report to support Contractor’s program.
• Clause 4.4. Add new guide note to formalise inclusion of option for disqualifying offence declaration for protection of children.
• Clause 5.4. Include reference to definition of Principal’s Documents to clarify responsibility for identified services prior to a novated consultancy.

General

• Following the SOPA reforms of October 2019, changes were required deleting Milestone payments, amending the Supporting Statement in GCC Schedule 6 and including submission details for Payment Claims.
• Changes have also been made following consultation with agency representatives in April 2021. These apply to GCC clauses 11, 55.4.4, 74.4 and 79 and Contract Information items 44 and 49. Some further suggestions are undergoing legal review.
• Typographical, grammatical and formatting errors and inconsistencies have been corrected.

Conditions of tendering

• Clause 4.5. Inclusion of reference to NSW Government Procurement Policy Framework.
• Clause 6.1. Inclusion of standard wording for Mandatory Alternative Tenders option.
• Clause 8.2. Correction of reference to NSW Code in guide note.

Tender schedules

• Schedule of Information for General Conditions of Contract Schedule 3 (Payment Claim Worksheet). Amended to clarify that Milestone payments are no longer supported.
• Schedule of Compliance with NSW Supplier Code and Industrial Relations Guidelines: Building and Construction Procurement. Amended numbering and corrected reference to NSW Code in last guide note.

General conditions of contract

• Clause 11. Guide note expanded to allow Contractor to confirm a verbal instruction.
• Clause 13. Inclusion of reference to NSW Government Procurement Policy Framework.
• Clause 39.1. Added note to clarify that the identification of elements in Contract Information items 38A.1 and 38A.2 does not alter the Contractor’s obligation to complete the Principal’s design.
• Clause 55.4.4. Clause amended to allow right of claim for delay if Principal is unreasonably late in issuing an instruction with respect to a Provisional Sum.
• Clause 58. Amended note to delete Milestone payments and to explain submission requirement.
• Clause 58.1. Amended clause to require a Payment Claim to be specifically provided to an authorised person and to a nominated address as shown in Contract Information 46.
• Clause 58.2. Deletion of clause that allowed for Milestone payments. Linked clauses updated.
• Clause 61.1. Clause amended to replace reference to SOPA with a more general legal reference.
• Clause 68.2. Clause amended to delete duplication of clause 61.1 bar.
• Clause 68.4. Clause amended to clarify that a claim must comply with clause 68.3 to be considered by the Principal.
• Clause 68.7. Clause amended to remove a potential ambiguity and clarify that only a claim that complies with clause 68.3 can be escalated as an Unresolved Claim.
• Clause 70.2. Guide note expanded to clarify that Authorised Persons can assist Senior Executives.
• Clause 74.4. Clause amended to provide a sliding scale with progressively increased payment to provide equitable compensation for termination for convenience but with controls to minimize over-compensation and excessive administration.
• Clause 76. Clause amended to delete option to notify by facsimile and require a copy of the notification to be emailed to the relevant Authorised Person.
• Clause 79. Amended definition of Contractor’s Margin to provide more explanation of application.
• CI 25. Amended requirement for Marine Liability insurance for consistency with other similar items.
• CI 44. Amended guide note to explain basis for default value of Contractor’s Margin and relation to delay costs.
• CI 46. Deleted option for payment on completion of a Milestone. Also add options to change person who deals with payment claims and address for submission.
• CI 49. Added guide note to explain delay costs.
• Schedule 1 and 15. Add note that any electronic signature needs to comply with s127 of the Corporations Act.
• Schedule 3. Amended to delete Milestone payments.
• Schedule 6. Combined Statement replaced with 2 separate statements and notes amended to better clarify the different terms used in the referenced legislation. The Supporting Statement, now referenced in SOPA, is taken from the Fair Trading website to ensure validity in accordance with the Act.
• Schedule 13. Amended to include NSW Government Procurement Policy Framework.

Preliminaries

• Clause 1.2. Guide note amended to explain current application of Design and Building Practitioners Act and clause amended to remove requirement for registration under the Design and Building Practitioners Act.
• Clause 3.1. Guide note and clause amended to clarify and explain need to detail scope, measurement and conditions for SoR items.
• Clause 3.2. Guide note and clause amended to clarify and explain need to detail scope, measurement and conditions for Rate Items under a Schedule of Prices.
• Clause 5.5. Formwork certification clause updated and clarified.

General

Changes made following legal review of selected issues. Other suggested changes from users are still under review.

Suggestions for improvements and feedback on changes are encouraged.

Formatting and minor corrections and clarifications were carried out. It is noted that formatting still needs improvement for consistency.

Tender schedules

• Tender Form. Amended guide notes.
• Schedule of Rates. Amended guide note on the use of Schedule.
• Schedule of Prices – Lump Sum. Amended guide note on the use of Schedule.

General conditions of contract

• Clause 28.5. Delete clause as the content included in clause 29.2.
• Clause 29.2. Include a requirement for an unpriced copy of any subcontract. The amendment is based on GC21 Ed 1 clause 32.2 and broadens application to proposed subcontractors.
• Clause 51.10. Clause amended due to ‘Step-In’ option for termination.
• Clause 54. Clause amended, following legal review, to restrict entitlements where a Contractor does not comply with clause 56.5 (provision of a tax invoice within 2 BD after a Payment Schedule).
• Clause 56. clause amended, following legal review, to include an option for Contractor to issue a tax invoice following a Payment Schedule.
• Clause 57.5. Clause amended due to ‘Step-In’ alternative to termination.
• Clause 58.3. Note added to refer users to clause 56 for the issue of a tax invoice.
• Clause 58.6.1. Note added warning of penalties for incomplete Supporting Statement.
• Clause 58.10. Clause amended due to ‘Step-In’ alternative to termination.
• Clause 58.11. New clause added, following legal review, dealing with Personal Property Securities.
• Clause 59. Note added to explain the requirement for a Payment Schedule and the issue of a tax invoice following a Payment Schedule.
• Clause 60. Note amended to reinforce benefits of the ‘Completion Amount’ option.
• Clause 60.2. Time for retention of Completion Amount changed from 50% of Contract Price to 75% of Contract Price.
• Clause 73. Clause amended, following legal review, to include ‘Step-In’ alternative to termination, this follows legal advice following changes to Corporations Act.
• Clause 79. Definitions of ‘Step-In’ and ‘PPS law’ added. Definition of ‘Contractor’s Margin’ amended.
• CI 46. Option included to assign responsibility and timing for the issue of a tax invoice for a Payment Claim. Clause 56 refers.
• CI 47. Guide note expanded to highlight benefits of ‘Completion Amount’ option, recommend a maximum of 2% of Contract Sum be retained and the facility be used instead of LDs.
• CI 49B. Guide note amended to reinforce the benefit of Completion amount and that the Completion amount should not be used in combination with LDs.
• Schedule 6. Formatting of Subcontractor Statement amended.
• Schedule 16. New Schedule included that specifies ‘Personal Property Securities’ requirements.

Preliminaries

• Clause 1.2. Guide note and clause amended, following legal review, to include an option for Contractor to be required to comply with the Design and Building Practitioners Act.
• Clause 1.6. Guide note and clause amended, following legal review, to include Clause 3.1. guide note and clause further amended to clarify and explain the need to detail scope, measurement, and conditions for high-risk/ significant SoR items.
• Clause 3.2. Guide note and clause further amended to clarify and explain the need to detail scope, measurement, and conditions for high-risk/ significant Rate Items under a Schedule of Prices.
• Clause 7.5. Guide note and clause amended, following legal review, to allow for mandatory proprietary items, where necessary.

General

• Corrections and clarifications carried out. It is noted that formatting still needs improvement for consistency.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 4.5. Compliance for dealing with Modern Slavery. New Schedule added.

General conditions of contract

• References to ‘delay costs’ changed to ‘Delay Costs’ following the inclusion of a new definition for delay costs.
• Clause 13.5. New clause added for compliance with Modern Slavery requirements subject to Contract Information 15B.
• Clause 33.6. Reference to Schedule 2 (Undertaking) added for clarity.
• Clause 51. Clauses amended to clarify the application of Delay Costs after considering legal review suggestions.
• Clause 77. Clauses 69, 70 and 71 were added to the list of clauses that survive termination for clarity.
• Clause 79. Definition of ‘Contractor’s Default’ amended to include non-compliance with Modern Slavery requirements.
• Clause 79. The new definition of ‘Delay Costs’ was added after considering a legal review.
• Contract Information item 15B. Item utilised to provide an option for Contractor to comply with the requirements of Schedule 17 (Modern Slavery).
• Schedule 2 (Undertaking). Introductory note expanded to clarify when undertakings from financial institutions not registered by APRA can be accepted. This provides consistency with clause 4.6 of Conditions of Tendering.
• Schedule 17 (Modern Slavery). New Schedule added detailing requirements for dealing with Modern Slavery risks.

Preliminaries

• Words and terms with special meanings, as defined in clause 79 of General Conditions of Contract, formatted with initial capitals and italics (where applicable) for consistency.
• Clause 4.1. Timing for submission of QMP amended to refer to the time specified in Contract Information item 15C of General Conditions of Contract to resolve the inconsistency.
• Clause 5.5. WHS requirements for ‘Design’ were amended for consistency in the terminology used.
• Clause 5.5. Timing for submission of WHS Management Plan amended to refer to the time specified in Contract Information item 15A of General Conditions of Contract for consistency.
• Clause 5.5. Completion of WHS Management Plan checklists included with the submission of WHS Management Plan.
• Clause 6.1. Completion of Environmental Management Plan checklist included with the submission of Environmental Management Plan.

General

• Corrections and clarifications carried out. Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 4.9. clause renamed as ‘Skills, training, and diversity in Construction’. Skills and training requirements were amended following the further development of the infrastructure skills legacy program.

Tender schedules

• Preface added for the guidance of tenderers.
• Schedule of Skills, Training, and Diversity in Construction. Skills and training schedule renamed and simplified.

General conditions of contract

• Preface. Increased applicable value from $1 million to $2 million.
• Clause 15.1.5. Skills and training in construction guide renamed as ‘Skills, training, and diversity in Construction’.
• Clause 27.12. Requirement for contractor to provide workers compensation and professional indemnity policies on request amended to providing only certificates of currency.
• Clause 37.3.2. Notification requirement reworded for clarity.
• Clause 51.4. Note (recently added) following clause removed as it created an inconsistency.
• Clause 71.6. Clause amended to clarify that a cross-claim did not have to relate to the issue being determined.
• Clause 74.4.4 Clause amended to clarify the calculation of the amount payable.
• Clause 77. Clause amended to include the survival of other clauses where so specified.
• Contract Information item 15E. Item renamed as ‘Skills, training, and diversity in Construction’ and selection options reworded.
• Schedule 6. Clarified notes and adjusted formatting for subcontractor’s statement.

Preliminaries

• Clause 4.2. Clause amended to include use of Department of Customer Service reporting portal for Aboriginal Participation reports.
• Clause 4.3. Clause renamed as ‘Skills, training, and diversity in Construction’. Skills and training requirements were amended following the further development of the infrastructure skills legacy program.
• Clause 5.5. New clause, ‘protection of survey marks’ added.

General

• Corrections and clarifications carried out. Suggestions for improvements and feedback on changes are encouraged.

General conditions of contract

• Contract information item 46. Guidance added to reinforce valid serving of payment claims.
• Schedule 10. Clarified that a local government authority (LGA) can't directly access principal arranged insurance (PAI) insurance through icare following recent icare confirmation.

Preliminaries

• Clause 1.1 new clause added to clarify application of preliminaries.
• Clause 4.1 'failure to comply' section amended to allow principal to make deductions where contractor has not carried out its quality management obligations.
• Clause 5.5, clause 'protection of survey marks' amended following feedback.
• Clause 7.2 clause amended to include removal of contractor's equipment when 'cleaning up'.

General

• Minor clarifications carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 4.7. Clause amended due to amendments to Code for the Tendering and Performance of Building Work 2016. The Code applies to Commonwealth Funded Building Work.

Tender schedules

• Schedule 27. Schedule amended due to amendments to Code for the Tendering and Performance of Building Work 2016.

General conditions of contract

• Clause 13.6. Clause amended due to amendments to Code for the Tendering and Performance of Building Work 2016. The Code applies to Commonwealth Funded Building work.
• Clauses 56 and 58.3. Clauses amended to clarify process for provision of a tax invoice by the Contractor.
• Clause 64. Note added to explain the application of the EP&A Act to partially completed buildings where early use is required.
• Contract Information item 16. Guide note and item amended due to amendments in Code for the Tendering and Performance of Building Work 2016.
• Contract Information item 26. Guide note amended for clarity.
• Contract Information item 35. Guide note added for clarity.
• Contract Information item 38. Note and guide note amended and corrected for consistency.
• Contract Information item 46. Guide note discussing options for submitting payment claims amended for clarity.
• Schedules 1 and 15. Reference to signing options under Corporations Act 2001 (Cth) for deeds clarified.
• Schedule 12. Notes added and schedule amended due to amendments to Code for the Tendering and Performance of Building Work 2016.
• Attachment 1. Notes and agenda amended as the Procurement Practice Guide GC21 meetings and workshops has been updated.
• Formatting of Contract Information items modified for consistency.

General

• Formatting corrections carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 3.1. Guidance reworded for references to investigation reports.
• Clause 8.1. Following legal advice, guidance provided on considering unsigned tenders.
• Clause 8.2. Following legal advice, guidance provided with regard to accepting tenders.

Tender schedules

• Schedule 1 (Tender Form). Following legal advice, option included to allow for execution (signing) of tender by deed poll.
• Schedule 10 (Schedule of Program Information). Schedule amended to require Tenderer to declare that any dates shown in the program are for illustrative purposes only.
• Schedule 10 (Schedule of Program Information). Schedule further amended to include option for program to be for information purposes only.

General conditions of contract

• Formatting of Contract Information items modified for consistency.
• Clause 7.5. Clause amended to include option to sign by electronic means. Also a reference included in Notes to refer to sample ‘Formal Instrument of Agreement’ in Schedule 15.
• Clause 20. Reference included to new Contract Information item 14A dealing with application of long service levy and payment obligation.
• Clause 29.5. New sub-clause added to restrict Contractor from terminating a Preferred Subcontract or a Novated Contract without notice or reasonable cause.
• Clause 40.4. New clause added to clarify process where Contractor requires a change to its design.
• Clause 79. Definition of Principal’s Documents amended to note that novation may affect which documents are included.
• Contract Information Item 14A. New item added to allow selection of  payment obligation for long service levy.
• Contract Information Item 20. Guide note amended to include risk of insurance implications where proportionate liability is excluded.
• Contract Information Item 33A. Note amended to clarify application of Contractor Prequalification and Best Practice Accreditation Scheme.
• Contract Information Item 38. Guide note amended to promote identification of aspects of incomplete design to assist tenderers in pricing tenders.
• Contract Information Item 38. Items 38A.1 and 38A.2 amended to reinforce Contractor’s design obligations under clause 39.1 and reworded to reinforce default where no particular items or components have been selected. Item 38A.3 amended for consistency.
• Schedule 1 (Subcontractor’s Warranty). Options and guidance for electronic signing included. Following legal advice, signature blocks revised and simplified to comply with amendments to the Corporations Act 2001 (Cth).
• Schedule 6 (Supporting Statement and Subcontractor’s Statement). Note and link included for a pdf version of the Supporting statement from Fair Trading with fillable form fields.
• Schedule 15 (Contract Deed and Formal Instrument of Agreement). Major revision of notes and guidance following legal advice. Signature blocks revised for Deed of Contract Agreement. Inclusion of option for a Formal Instrument of Agreement.

Preliminaries

• Clause 1.3. Amended guide note and clause to include application of DBP Act to construction of new class 3 and 9c buildings from 3 July 2023.
• Clause 4.2.  The ‘Office of the Registrar of Indigenous Corporations’ added to organisations that recognize aboriginal businesses.
• Clause 4.1. Waste Management Progress Report added to list of Conformance Records.

General

• Formatting adjustments and minor corrections carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 2.3. Clause and guidance dealing with Australian Government WHS Accreditation Scheme for Commonwealth Government funded projects updated.
• Clause 4.7. Clause and note dealing with the Commonwealth Building Code deleted due to the repeal of applicable Commonwealth legislation in December 2022.
• Clause 4.8. Guidance reworded following issue of PBD 2023-01 Skills, training and diversity in construction.

Tender schedules

• Schedule 23 (Schedule of Skills, Training, and Diversity in Construction) amended following the issue of PBD 2023-01. Additional reporting required.
• Schedule 27 (Schedule of Compliance with the Code for the Tendering and Performance of Building Work 2016) deleted due to the repeal of applicable Commonwealth legislation.

General conditions of contract

• Clause 13.6. Clause and note dealing with Commonwealth Building Code deleted due to repeal of applicable Commonwealth legislation.
• Clause 16. Reference to contract information item 16A replaced with reference to contract information item 16.
• Clause 17. Clause dealing with Australian Government WHS Accreditation Scheme for Commonwealth Government funded projects updated.
• Contract information item 15E (Skills, Training and Diversity in Construction) amended to include reporting of the number of women employed following the issue of PBD 2023-01.
• Contract information item 16. Contract information item 16A and relevant guidance related to the Commonwealth Building Code deleted. Item 16 rearranged.
• Schedule 12 (Compliance with Building Code 2016 (as amended) (Commonwealth)) deleted.
• Schedules 13 – 17 renumbered due to the deletion of Schedule 12. References to the renumbered Schedules amended to suit.

Preliminaries

• Clause 4.3.  Clause and guidance amended following issue of PBD 2023-01. Clarification included the information required in quarterly reports.
• Clause 1.3. Clause and guidance for selection of Designers and Building Practitioners amended for clarity following further legal advice.
• Clause 1.7. Clause and guidance for Certification of Building Works amended for clarity following further legal advice. Due to the length of the clause, the text for option 2 transferred to the new Schedule 8.3.
• Clause 5.6. Clause and guidance dealing with Australian Government WHS Accreditation Scheme for Commonwealth Government funded projects simplified to avoid repetition of General Conditions clause 17.
• Schedule 8.3. New Schedule for application of comprehensive certification of compliance with building and fire regulations created to include option 2 from Clause 1.7

General

• Formatting adjustments and minor corrections were carried out. 'Shall' is replaced with 'will' for clarity and consistency.
• Suggestions for improvements and feedback on changes are encouraged.

General conditions of contract

• Clause 1.1.1. Reference to 'construct only' in note amended to 'developed design (construct only)' for consistency with buy.nsw site.
• Clause 38. The reference to 'construct only' in the note was changed to 'developed design' for consistency.
• Clause 39.1.2. The term 'preliminary' in 'preliminary design' was deleted for clarity. The term is open to interpretation and not required for the clause.
• Contact information Item 38A. Following review, contract information items A1-A3, notes, and guidance were amended to improve clarity and avoid inadvertent consequences where input is unclear.

Preliminaries

• Clause 1.3. An extra hyperlink for further information on obligations under the DBP Act was added.
• Clause 4.1. Subclause and guidance dealing with certification of compliance with steel and steel work standards introduced to apply requirements of PBD-2016-03: 'Construction standards and conformance'. Applicable conformance record added.
• Clause 7.1. Subclause dealing with compliance with construction standards introduced to apply requirements of PBD-2016-03.
• Clause 7.5. Clause amended to clarify Principal's consideration of alternatives to proprietary items.

Sample letters

• 07 letter of award and attached letter on administrative matters. Administrative matters letter amended to include identification of survey marks and option for deletion of LSL evidence.