Minor Works MW21-LG (Local Government)

Updated: 23 Aug 2024
Templates and resources for construction contracts for local government entities generally valued at up to $2 million, with relatively simple contractual arrangements.


NSW Public Works has developed the Minor Works 21-Local Government (MW21-LG) Contract version that is a plain English, cooperative, and collaborative form of contract.  It supports the NSW local government sector in delivering infrastructure for construction contracts generally valued up to $2 million, which are non-complex or repetitive in nature with relatively simple contractual arrangements.

This contract suite of documents incorporates the tendering considerations of clauses 176 to 178 of the Local Government (General) Regulation 2021.

Councils may also consider the use of the MW21-LG contract if using NSW government panels:

Download standard form templates

Access the video training guide

Find out how to compile a request for tender (RFT) document.

Download support documents

Download sample letters

Access a pack of sample template letters that can be used to communicate between the Principal and the Contractor.

Sample letters - Principal ZIP, 1809.13 KB
Sample  letters - Contractor ZIP, 1046.97 KB

Further support and training

NSW Public Works offers training and support for councils using the MW21-LG Contract. NSW Public Works can also provide comprehensive project and contract management services on a fee for service basis to assist councils deliver larger infrastructure using the GC21 form of contract for projects up to $150M.

For more information on services offered by NSW Public Works visit publicworks.nsw.gov.au

For any enquires relating to the MW21-LG Contract and further training, email David Edwards, Senior Procurement Advisor, NSW Public Works at david.edwards@pwa.nsw.gov.au

View Amendments

General

  • Corrections and clarifications carried out. Formatting improved for consistency.
  • User guidance amended for all sections to correct method to remove all hidden text.
  • Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

  • Clause 1.1. Clause describing the proposed works amended to refer to the location of more information.
  • Clause 1.4. Clause amended to include contact details for urgent responses.
  • Clause 2.4. Guide notes amended to clarify when a site-specific environmental management system or plan is required.
  • Clause 4.5. Clause ‘dealing with modern slavery’ amended following release (in Feb. 2024) of Guidance on Reasonable Steps (GRS) by NSW Anti-slavery Commissioner with revised model tendering clauses..
  • Clause 7.2. ‘Schedule of compliance for dealing with modern slavery’ added in guide notes.
  • Clause 7.3. Clause heading changed to ‘Tenders submitted electronically’
  • Clause 7.3. Clause dealing with eTendering amended due to introduction of NSW Government ‘buy.nsw Opportunities Hub’ and ‘Supplier Hub’ for its tenderer registration and tender responses. Application of NSW Government ‘global terms and conditions’ to RFT explained and terms clarified.
  • Clause 8.1. Options included for evaluating tender submissions for ‘dealing with modern slavery’.
  • Schedule of Special tendering conditions – clause 9.3. Consequences of soliciting council officers clarified.

Tender Schedules

  • Schedule 5. Application of GST to rates clarified
  • Schedule 6. Schedule for mandatory alternative tenders redrafted to conform with similar MW21 schedule.
  • Schedule 7. Inclusions in pricing for optional additional work clarified.
  • Schedule 20. Guide note amended to include any site information for hazardous materials.
  • Schedule 23. New ‘schedule of compliance for dealing with modern slavery’ added.

General conditions of contract

  • Schedule 1. Guide notes amended to explain options and calculation of contract security.
  • Schedule 2. Notes for supporting statement amended to explain anomaly with regard to reporting subcontractor payments in supporting statement form provided by OFT. Form amended.

Preliminaries

  • Clause 1.2. Guide note added that referenced schedule 8.1 can be used for necessary changes to the general conditions of contract
  • Clause 1.3. Additional link for  obligations under DBP Act provided and guide notes updated
  • Clause 1.9. Guide note for long service levy simplified.
  • Clause 3.1. Restriction on contractor issuing a tax invoice clarified to only apply to payment claims made under clause 13 of the general conditions of contract.
  • Clause 3.3. Guide note on methods of measurement added.
  • Clause 3.4. Extra example (extra over payment for rock) provided for ‘application of tendered rates’.
  • Clause 3.5. Clarification provided that provisional rates include the applicable margin.
  • Clause 4.1. Guide note added for quality management of steelwork.
  • Clause 4.5. Terminology for contractor representatives changed to terms used in GC21 contracts.
  • Clause 4.6. Clause ‘dealing with modern slavery’ amended following release of GRS. Guidenotes expanded to explain due-diligence risk levels.
  • Clause 5.1. New optional clause added dealing with site Information that is not part of the contract.
  • Clause 5.7. Before You Dig Australia (BYDA) site link inserted. Note BYDA replaces ‘dial before you dig’ service.
  • Clause 5.9. Guide note added highlighting need for site Information of any nominated hazardous substances to be included as part of the contract.
  • Clause 7.5. Clause 7.5. Consideration of alternatives to identified proprietary items clarified.
  • Schedule 8.1. Guide note added that schedule can be used for necessary changes to the general conditions of contract.
  • Schedule 8.5. New schedule ‘dealing with modern slavery’ added with revised model contract clauses.

Sample letters - principal

  • Sample letter 00b: Template ‘letter of award’ updated to include all current tender schedules.
  • Letter on administrative matters amended to include verification of survey marks and optional management plan for ‘dealing with modern slavery’.