(i)
a signed “Declaration of Compliance with Building Code” in the form of Annexure 2A to
the Tender Form, at Appendix 2 to
this Request for Tender;
(ii)
the further information outlined in Attachment A to the Declaration of Compliance; and
(iii)
a Workplace Relations Management Plan (Commonwealth), where Item 20 of Schedule 1
to the Project Deed specifies that such a Plan is required, for approval by the ABCC in
accordance with Part 6 of the Building Code,
to demonstrate the Tenderer's compliance with the Building Code.
(c)
To be eligible to tender for the Contractor’s Work the subject of this
Request for Tender,
Tenderers must, on and from the date on which the Tenderers submit their Tenders in response to
this Request for Tender, at all times meet the following eligibility requirements:
(i)
neither the Tenderer nor any of the Tenderer's Related Entities may be subject to an
Exclusion Sanction;
(ii)
the Tenderer and each of the Tenderer's Related Entities must comply with the Building
Code when performing:
a.
the Contractor’s Work the subject of this Request for Tender (if the Tenderer is the
successful tenderer); and
b.
all other Building Work (including privately funded projects) on and from the date
on which the Tenderer submits their response to this Request for Tender (even if the
Tenderer is not the successful tenderer);
(iii)
the Tenderer must be eligible to perform Commonwealth
Funded Building Work;
(iv)
subject to the exceptions set out in subsection 26(5) of the Building Code, the Tenderer
must not have had an adverse decision, direction or order made by a court or tribunal for
a breach of the BCIIP Act, a Designated Building Law, work health and safety law
(including,
but not limited to, the
Work Health and Safety Act 2011 (NSW) and the Work
Health and Safety Regulation 2017 (NSW)) or competition and consumer law (including,
but not limited to, the
Competition and Consumer Act 2010 (Cth)) and failed to comply
with the decision, direction or order;
(v)
the Tenderer must, if it is the successful tenderer, undertake to only use products in
relation to the Contractor’s Work the subject of this Request for Tender that, at a
minimum, comply with the relevant Australian standards published by,
or on behalf of,
Standards Australia Limited (ABN 85 087 326 690); and
(vi)
the Tenderer must demonstrate a positive commitment to the provision of appropriate
training and skill development for their workforce.
(d)
Where Item 20 of Schedule 1 to the Project Deed specifies that a Workplace Relations
Management Plan (Commonwealth) is required (because the Commonwealth funding above the
minimum thresholds specified in Schedule 2 of the Building Code has been received for the
Project), it is a precondition to RMS entering into a contract with the Tenderer to perform the
Contractor’s Work the subject of this Request for Tender that the ABCC has approved the
Tenderer's Workplace Relations Management Plan (Commonwealth).
(e)
It is a precondition to RMS entering into a contract with the Tenderer to perform the Contractor’s
Work the subject of this Request for Tender that:
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(i)
the Tenderer confirms whether, within the three years preceding the date of this Request
for Tender, the Tenderer has:
a.
had an adverse decision, direction or order made by a court or tribunal for a breach
of a Designated Building Law, work health and safety law (including, but not
limited to, the
Work Health and Safety Act 2011 (NSW) and
the Work Health and
Safety Regulation 2017 (NSW)) or the
Migration Act 1958 (Cth); or
b.
been required to pay any amounts under an adjudication certificate (provided in
accordance with a law relating to the security of payments (including, but not
limited to, the
Building and Construction Industry Security of Payment Act 1999
(NSW)), that are due to persons in respect of Building Work); or
c.
owed any unsatisfied judgement debts (including by any Related Entity) to a
Building Contractor or a Building Industry Participant; and
(ii)
the Tenderer must at no time be excluded from performing Building Work funded by a
state or territory government (unless approval to engage the Tenderer has been obtained
from the ABC Commissioner).
(f)
In addition to a Workplace Relations Management Plan (Commonwealth) referred to in clause
4.11.1(d), the Tenderer is required to include in its Tender the following information, which may
be used by RMS in determining whether to award the Contractor’s Work the subject of this
Request for Tender to the Tenderer:
(i)
the extent to which domestically sourced and manufactured building materials will be
used to
undertake the Building Work;
(ii)
the Tenderer's assessment of the whole-of-life costs of the project to which the Building
Work relates;
(iii)
the impact on jobs of the project to which the Building Work relates; and
(iv)
whether the project to which the Building Work relates will contribute to skills growth.
4.11.2
Australian Government Work Health and Safety Accreditation Scheme
(a)
This clause 4.11.2 only applies if Item 20A of Schedule 1 to the Project Deed specifies that the
Contractor is required to maintain accreditation under the Australian Government Work Health
and Safety Accreditation Scheme.
(b)
All Participants of the successful Tenderer that will carry out ‘building work’ (as defined in the
BCIIP Act) for the Project must be accredited under the Australian Government Work Health and
Safety Accreditation Scheme (the
Scheme) established by section 43 of the
BCIIP Act
when
entering into contracts for ‘building work’ (as defined in the BCIIP Act) and maintain
accreditation under the Scheme while the ‘building work’ (as defined in the BCIIP Act) is being
carried out.
(c)
A successful Tenderer must comply with all conditions of the Scheme accreditation.
(d)
Each Participant in the Tenderer that will carry out ‘building work’ (as defined in the BCIIP Act)
for the Project must provide a signed "Confirmation of WHS Accreditation Status" which is set
out in Annexure 2B to the Tender Form included in this Request for Tender, with details of any
accreditation status as relevant for each Participant, including the expiry date of accreditation, or
evidence that accreditation is being sought under the Scheme.
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