c.
allow NSW Government authorised personnel to :
i. access the
site and other premises;
ii. monitor and investigate compliance with the
NSW Code and
NSW Guidelines;
iii. inspect any work, material, machinery, appliance, article or facility;
iv. inspect and copy any record relevant to the project; and
v. interview any person,
as is necessary to demonstrate compliance with the
NSW Code and
NSW Guidelines; and
d.
ensure contractors and consultants similarly undertake, or allow for, each of these
obligations.
Declaration by Tenderer's authorised representative
11.
By signing this declaration on behalf of the Tenderer, the authorised
representative declares that
they have full authority to execute it and has obtained any necessary consents and approvals to do
so.
Signed for the Tenderer/Participant by:
………………………………………………..
Name (in block letters):
………………………………………………… (Authorised Officer)
In the Office Bearer capacity of: ………………………………………………………………………..
Date: …………………………………..
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Annexure 2A to the Tender Form - Declaration of Compliance with Building Code
This “Declaration of Compliance” must be completed by each Participant in the Tenderer that is or will
be a “building contractor” or a “building industry participant”
(as defined in section 5 of the BCIIP Act)
and lodged with the Tender. Any Tender in which this Declaration is not completed may be regarded as
non-conforming.
Refer to clause 4.11.1
DECLARATION OF COMPLIANCE WITH THE CODE FOR THE TENDERING AND
PERFORMANCE OF BUILDING WORK 2016
Tender: [insert Tender reference]
Tenderer: [insert full legal name of the Tenderer/Participant, including ABN and ACN where
applicable]
Tenderer's authorised representative: [insert full name and title of natural person completing this
Declaration of Compliance on behalf of the Tenderer/Participant]
1.
In this Declaration of Compliance:
ABCC
means the body referred to in section 29 of the BCIIP Act.
ABC Commissioner
means the Australian Building and Construction Commissioner
referred to in subsection 15(1) of the BCIIP Act.
BCIIP Act
means the
Building and Construction Industry (Improving
Productivity) Act 2016 (Cth).
Building Code
means the Building Code issued under subsection 34(1) of the
BCIIP Act,
being the document titled 'Code for the Tendering
and Performance of Building Work 2016', which is available at
www.legislation.gov.au
.
Building Contractor
has the same meaning as in the BCIIP Act.
Building Industry
Participant
has the same meaning as in the BCIIP Act.
Building Work
has the same meaning as in subsection 3(4) of the Building
Code.
Commonwealth Funded
Building Work
Contractor’s Work
means Building Work in items 1-8 of Schedule 1 of the Building
Code.
means the Commonwealth Funded Building Work that is the
subject of this Request for Tender.
Designated Building
Law
has the same meaning as in the BCIIP Act.
Exclusion Sanction
has the same meaning as in subsection 3(3) of the Building
Code.
Related Entity
has the same meaning as in subsection 3(2) of the Building
Code.
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Workplace Relations
Management Plan
(Commonwealth)
has the meaning given to 'WRMP' in subsection 3(1) of the
Building Code.
2.
The Tenderer confirms that it has complied with the Building Code in preparing its tender.
3.
Should it be the successful Tenderer, 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 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 Contractor’s Work.
4.
The Tenderer undertakes to ensure that it and its subcontractors that it subcontracts any of the
Contractor’s Work to, should it be the successful Tenderer, comply with the Building Code.
5.
The Tenderer acknowledges the powers and functions of the ABC Commissioner and the ABCC
under the BCIIP 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 BCIIP
Act, requests to interview any person under section 74 of the BCIIP Act, requests to produce
records or documents under sections 74 and 77 of the of the BCIIP Act and requests for
information concerning matters relating to the Building Code under subsection 7(c) of the Building
Code.
6.
The Tenderer declares that where it proposes to subcontract any of the Contractor’s Work, should it
be the successful Tenderer, it will:
a.
require each subcontractor to whom it proposes to subcontract any of the Contractor’s Work
to confirm, prior to entering into the subcontract and every six months during the term of the
relevant subcontract, that it has not, within the preceding three year period:
i.
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
ii.
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 owed any unsatisfied judgement
debts (including by any Related Entity) to a Building Contractor or Building Industry
Participant;
b.
not enter into a subcontract with a subcontractor who:
i.
is subject to an Exclusion Sanction or is excluded from performing Building Work
funded by a state or territory government (unless prior approval to engage that
subcontractor is obtained from the ABC Commissioner); and
ii.
in the three years prior to the date on which the Tenderer submits
their response to this
Request for Tender, has 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;
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