Contract management - GC21 Ed 2

Sample letter 15B

Instruct the Contractor to comply with NSW Government requirements

Mentioned in Contract Information item 15 and clause 15

User guidance

Guidance for GC21 Edition 2, including clause commentary and a suite of Sample letters, is provided on the Procurepoint website. See Policy Contract Management - GC21 Edition 2.

Refer specifically to the commentary on clause 15.

Instructions in the sample text below have been highlighted in yellow. If highlighting is not visible, see Sample letter guidancelocated immediately above the list of Sample letters.

Sample text for letter to the Contractor

The Contractor,
» insert the name of the Contractor
ABN » insert the Contractor’s ABN
» insert the Contractor’s address
Attention: » insert the name of the Contractor’s Authorised Person
» insert the Contract name
Contract No. » insert the Contract No.
Failure to comply with NSW Government requirements for » insert the relevant category, eg‘WHS management’, ‘environmental management or aboriginal participation
Under clause 15.3 of the General Conditions of Contract and Contract Information item » insert the relevant item number,you are required to implementa management plan complying with the NSW Government » insert the relevant title Management Guidelines.
Further, Preliminaries clause » insert the relevant clause number requires you to » insert a description of the specific requirement(s).
You have failed to comply with these requirementsbecause » insert a description of what the Contractor has /has not done. Refer to specific clauses in the Contract.
You are instructed to rectify this failure by » insert a description of what the Contractor is required to do to achieve compliance. This action is to be taken within » insert a reasonable time, eg 48 hours.
Use option 1 for whs, environmental, industrial relations or aboriginal participation matters.
use option 2 for quality management matters.
option 1
Please note that Preliminaries clause » insert the applicable clause numberstatesthat no payment will be due under the Contract until the 7th day after action is taken to rectify this non-compliance.
option 2
Please note that, if you fail to rectify these matters, Preliminaries clause » insert the applicable clause numberprovides for the Principal to implement such inspections and tests as the Principal determines. The Principal’s costs will be a debt due from the Contractor.
end of options
Yours sincerely,
» insert the name of the Principal’s Authorised Person
Principal’s Authorised Person

Guide Notes

  1. Option 1 applies to WHS, environmental and industrial relations management matters and to aboriginal participation requirements.
  2. Option 2 applies if the Contractor fails to meet its quality management obligations.
  3. The Contract does not include a specific penalty if the Contractor does not meet its training management obligations.
  4. Ensure that you have evidence that the relevant requirements have not been met, to support the allegations made in the letter.