(iii)
the Schedule of Compliance with NSW Guidelines which is set out in Annexure 1 to the
Tender Form at Appendix 2, properly executed by or on behalf of the Tenderer.
(e)
The Tenderer acknowledges that, by submitting a Tender, it agrees
to RMS and the NSW
Government Construction Compliance Unit (
CCU) taking any steps to investigate claims,
statements and assertions made by the Tenderer in any of the documents referred to above in
clause 4.10.1(d) before any contract is awarded. The Tenderer acknowledges and agrees to co-
operate with RMS and the CCU in respect of the investigation of compliance with the
NSW Code
and
NSW Guidelines and further agrees that compliance is a
mandatory requirement of the
procurement process. The Tenderer will allow authorised personnel to:
(i)
access premises and sites controlled by the Tenderer or its related entities;
(ii)
inspect and copy relevant records and documents;
(iii)
inspect any work, material, machinery, appliance article or facility; and
(iv)
interview any person,
as is necessary to investigate the claims, statements and assertions made by the Tenderer in the
Tender or to demonstrate the Tenderer's current or,
where relevant, past compliance with the
NSW Code and
NSW Guidelines during the procurement process.
Disclosure of information
(f)
Notwithstanding any other provision of the Tender Documents, the Tenderer agrees and consents
to the disclosure of information concerning the Tenderer's, and the Tenderer's related entities',
compliance with the
NSW Code and
NSW Guidelines, including the disclosure of details of past
and present compliance with the
NSW Code and
NSW Guidelines as varied from time to time,
including whether or not sanctions have been imposed on the Tenderer or any of its related
entities by the Commonwealth or any State or government agency. This consent is given to the
State of New South Wales, including its agencies (including RMS), Ministers and the CCU (and
its authorised personnel) for purposes including monitoring and
investigating compliance and
ensuring, facilitating and promoting compliance with the
NSW Code and
NSW Guidelines.
Subcontractors etc
(g)
Where the Tenderer proposes to subcontract the Contractor's Work or an element of the
Contractor's Work, the Tenderer agrees that it will ensure through contract that each
subcontractor or consultant agrees to:
(i)
the contractual promises in clauses 4.10.1(c) and 4.10.1(f) in respect of the relevant
subcontractor or consultant;
(ii)
comply with the applicable plans and policies on the Project referred to in clause
4.10.1(d); and
(iii)
where a subcontractor or consultant is nominated in the Tender,
that the nominated party
co-operates with authorised personnel during the procurement process for the purposes
outlined in clause 4.10.1(e).
4.10.2 NSW Government Procurement Guideline Skills and Training in the Construction
Industry
(a)
The Tenderer’s attention is drawn to the requirements of the NSW Government Procurement
Guideline
Skills and Training in the Construction Industry. The Guideline is attached to NSW
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Procurement Board Direction PBD 2016-02 - Construction apprenticeships, which is available for
download from: http://arp.nsw.gov.au/pbd-2016-02-construction-apprenticeships
(b)
If successful, the Contractor will be required to meet the commitments
made in the accepted
Tender.
(c)
If successful, the Contractor will be required to provide quarterly reports to RMS (at the end of
March, June, September and December), giving details of the apprentices and trainees engaged in
the carrying out of the Contractor's Work and demonstrating that the Contractor is meeting (or
will meet at Completion) the commitments made in the Deed.
4.10.3 NSW Government Policy on Aboriginal Participation in Construction
(a)
The Tenderer’s attention is drawn to the requirements of the NSW Government
Policy on
Aboriginal Participation in Construction
(1 May 2015 or any later update).
The Policy is available
at:
https://www.procurepoint.nsw.gov.au/policy-and-reform/nsw-procurement-reform/construction/policy-
framework-construction.
(b)
If successful, the Contractor will be required to comply with [
insert Category] requirements of
the Policy. The mandatory Targeted Project Spend (TPS) for the [
insert project Name] project is
1.5% of the design and construct Contract award value (excl GST) less
allowable exclusions, in
line with the Policy goals.
(c)
RMS will determine the TPS before the Deed is executed and the TPS will be included in the
executed Deed. The TPS will remain fixed for the Contract period, except where RMS and the
Contractor agree to re-set it (e.g. where legitimate exclusions were overlooked at tender time).
(d)
If successful, the Contractor will be required to provide to RMS and the NSW Procurement
Board the Aboriginal Participation Plan and the Aboriginal Participation Reports, at the times
specified in the Deed and in the format prescribed by the NSW Procurement Board. Templates
are available at:
https://www.procurepoint.nsw.gov.au/aboriginal-participation-construction-information-
contractors
4.11
B
UILDING
C
ODE AND
A
USTRALIAN
G
OVERNMENT
W
ORK
H
EALTH AND
S
AFETY
A
CCREDITATION
S
CHEME
4.11.1
Building Code
(a)
This clause 4.11.1 only applies if the Contractor's Work will be partially or fully funded by the
Commonwealth, as identified in Item 20 of Schedule 1.
(b)
The Tenderer agrees that it must include in its Tender:
NOTE TO DOCUMENTER (delete this text box after customising the model RFT document):
The NSW Procurement Board may vary the minimum targeted project spend at any time. The
latest version of the Aboriginal Participation Policy as well as any directions issued by the NSW
Procurement Board in relation to these targets must be checked at the time of preparing the RFT
documents, to ensure that the RFT reflects the current targets. These details can be obtained
from the website provided in clause above.
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