c.
only enter into a subcontract:
i.
pursuant to which the subcontractor undertakes to:
A.
comply with the Building Code in performing the Contractor’s Work;
B.
comply with the version of the Tenderer's Workplace Relations
Management
Plan (Commonwealth) approved by the ABCC for the performance of the
Contractor’s Work; and
C.
only use products in relation to the Contractor’s Work that comply with the
relevant Australian standards published by, or on behalf of, Standards Australia
Limited (ABN 85 087 326 690);
ii.
where the subcontractor has submitted
a declaration of compliance, including the
further information outlined in Attachment A to the declaration of compliance, in
substantively the same form as the model declaration of compliance applicable to
contractors and subcontractors in relation to the Building Code issued by the ABCC
from time to time; and
iii.
where the subcontract with the subcontractor contains clauses in substantively the
same form as the model contract clauses applicable to contractors and subcontractors
in relation to the Building Code issued by the ABCC from time to time.
7.
The Tenderer declares that it has provided in its Tender:
a.
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; and
b.
all of the further information required by Attachment A to this Declaration of Compliance.
8.
The Tenderer declares that:
a.
it is not subject to an Exclusion Sanction;
b.
it has not 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;
c.
it will only use products in relation to the Contractor’s Work that comply with the relevant
Australian standards published by, or on behalf of, Standards Australia Limited (ABN 85
087 326 690), should it be the successful Tenderer.
Signed for the Tenderer/Participant by:
………………………………………………..
Name (in block letters):
………………………………………………… (Authorised Officer)
In the Office Bearer capacity of: ………………………………………………………………………..
Date: ………………………………..
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Request for Tender
Edition 1, Revision 21, September 2017
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ATTACHMENT A – INFORMATION REGARDING
COMPLIANCE WITH THE CODE FOR THE TENDERING
AND PERFORMANCE OF BUILDING WORK 2016
Tenderers must provide the following information as part of their Declaration of Compliance. This
information can either be set out in this table or in an annexure to this Attachment and the Declaration of
Compliance.
Where the Tenderer comprises of more than one Participant, each Participant that is or will be a “building
contractor” or a “building industry participant”
(as defined in section 5 of the BCIIP Act)
must provide all
details requested in part A1 below, with its Declaration of Compliance.
Where the Tenderer comprises of only one Participant or the Tenderer is
an incorporated joint venture,
the Tenderer must provide all details requested in part A1 below, with its Declaration of Compliance.
Details requested in part A2 below (as well as the Workplace Relations Management Plan
(Commonwealth)) are not required to be provided by each Participant but are required to be prepared and
submitted on behalf of the Tenderer, as project specific information.
PART A1 OF THE ATTACHMENT A
Item
Requirement
Compliance
A1.1
Is the Participant/Tenderer
excluded from performing Building
Work funded by a state or territory
government? If so, the
Commonwealth reserves the right
to exclude the Tenderer from
further consideration.
Yes/No
Details:
A1.2
Does the Participant/Tenderer
positively commit to
the provision
of appropriate training and skills
development for their workforce,
and, if so, what evidence can the
Participant/Tenderer supply in
relation to this (for example,
evidence of its compliance with any
state or territory government
building training policies and
evidence of its support in the
delivery of nationally endorsed
building and construction
competencies)?
Yes/No
Details:
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D&C Request for Tender
Edition 1, Revision 21, September 2017
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PART A1 OF THE ATTACHMENT A
Item
Requirement
Compliance
A1.3
Has the Participant/Tenderer within
the preceding 3
years had an
adverse decision, direction or order
of a court or tribunal made against
it 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)?
Yes / No
Details:
A1.4
Has the Participant/Tenderer or its
Related Entities within the
preceding 3
years been required to
pay any amount 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) to a Building
Contractor or Building Industry
Participant?
Yes / No
Details:
A1.5
Has the Participant/Tenderer or its
Related Entities within the
preceding 3 years owed any
unsatisfied judgement debts to a
Building Contractor or Building
Industry Participant?
Yes / No
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D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 86