GC21 Edition 2 (Procurement System for Construction)
APRIL21, 2016
Preliminaries
Clause 4.2 Aboriginal Participation – amended to clarify that the agency sets a minimum value for the spend on aboriginal participation.
Clause 4.3Skills development and training– new provisions consistent with Procurement Board Direction PBD-2016-02 Construction apprenticeships and new NSW Government Procurement Guideline Skills and Training in the Construction Industry.
Clause 5.5 Work Health and Safety Management: Independent Certification of Formwork – amended to clarify application to vertical and horizontal formwork.
Conditions of Tendering
Clause 4.10Skills development and training– new provisions consistent with Procurement Board Direction PBD-2016-02 Construction apprenticeships and new NSW Government Procurement Guideline Skills and Training in the Construction Industry.
Clause 8.1 Evaluation of tenders – amendment to clarify that the principal can assign a value to a qualification in a tender without reference to the tenderer.
Tender Schedules
Schedule 21 Schedule of Skills Development and Training– new schedule identifying targets for the engagment of apprentices and trainees. This is consistent with with Procurement Board Direction PBD-2016-02.
General Conditions of contract
Clause 15Compliance with NSW Government requirements– include reference to the new NSW Government Procurement Guideline Skills and Training in the Construction Industry.
Clause 55 The Contract Priceand Contract Information 40Contract Price at Date of Contract –clarification of arrangements where the Contract Price includes a combination of lump sums and rate items.
Contract Information 15 - Compliance with NSW Government Requirements – E Training Management - amendment consistent with Procurement Board Direction PBD-2016-02.
Contract Information Insurance– amendments to guidance notes clarifying the application of Treasury Circular TC12/11 requiring agencies to take out principal arranged insurance for projects over $10 million with SICorp.
Contract Schedule 10 Principal Arranged Insurance – Amendments to clarify that Treasury Circular TC12/11 requires agencies to take out principal arranged insurance for projects over $10 million with SICorp.
OctoBER 19, 2015
Conditions of Tendering
Clause 4.6Workplace Relations management– amended consistent with revisions to Schedule of Workplace Relations Information.
Tender Schedules
Tender Form – guide notes amended to reference new Preliminaries clause – Application of Tendered Rates.
Schedule of Rates – guide notes referring to Preliminaries clause – Application of Schedule of Rates amended; guide note added about using Tender Form Option 2.
Schedule of Prices – Lump Sum – guide notes and references to Preliminaries clause - Application of Tendered Rates amended; clarification added that tendered rates include overheads and profit; guide note about Tender Form Option 1 added.
General Conditions of Contract
Schedule 6Combined Subcontractor’s Statement and Supporting Statement– Item (g) added to provide assurance to the Principal, with each payment claim, that the Contractor has met its obligation to hold Subcontractor retention money in trust.
Preliminaries
Clause 3.1 Application of Schedule of Rates – additional guidenotes added to assist in drafting the clause.
Clause 3.2 Application of Tendered Rates – new clause added to describe application of Rate Items in the Schedule of Prices – Lump Sum.
JUly 1, 2015
General Conditions of Contract
Clause 55 Provisional Sums amended to clarify definition and meaning.
Contract Information
Clause 43 Provisional Sum marginamended to clarify definition and meaning.
JUNE3, 2015
General Conditions of Contract
Clause 33.11 and Schedule 13 Retention money trust account obligations addedto reflect requirements under Part 2 (Trust accounts for retention money) of the Building and Construction Industry Security of Payment Regulation 2008
Tender Schedules
21 Schedule of Training Management and Apprentice Participation added.
MAY 1, 2015
Conditions of Tendering
Clause 4.9Aboriginal participation– amended to reflect NSW Government Policy on Aboriginal Participation in Construction.
Tender Schedules
Schedule of Aboriginal Participation Information removed.
General Conditions of Contract
Page 3: list of Government Codes and Guidelines – incorporated reference to NSW Government Policy on Aboriginal Participation in Construction.
Clause 15 Compliance with NSW Government Requirements – incorporated reference to NSW Government Policy on Aboriginal Participation in Construction (in sub-clause 15.1.6).
Contract Information item 15 Compliance with NSW Government guidelines – corrected clause references.
Contract Information item 15F Aboriginal Participation – updated to incorporate requirements of NSW Government Policy on Aboriginal Participation in Construction.
Preliminaries
Clause 4.2 Aboriginal participation – amended to reflect NSW Government Policy on Aboriginal Participation in Construction.
Clause 5.4 Existing services – updated, added requirements in relation to preventing unplanned contact with live services and simplified by combining options.
Clause 5.5 Work health and safety management – added a requirement for a Certificate of Compliance– Electrical Work.
Generally
Updated footers and initial guide notes for consistency; checked dot point formatting.
MARCH10, 2015
Conditions of Tendering
Clause 1.2NSW Government Code of Practice for Procurement and Implementation Guidelines– minor inconsistencies removed.
Clause 3.3 Provisional Sums – amended to refer to new Schedule of Provisional Sums.
Clause 3.6 Insurance – Option 3 added, addressing when the Contractor is to effect insurance; some guide notes about SiCorp insurance added.
Clause 4.6 Workplace Relations management – Option 2 removed.
Clause 4.7 Unconditional undertakings – approved institutions – text made generic to suit all agencies.
Clause 7.1 Documents to be submitted – requirements for completion of documents clarified.
Clause 7.2 Submission procedure – updated to reflect current preference for eTendering.
Clauses 7.3, 7.4 and 7.5 – eTendering, Hard copy tenders and Facsimile tenders – clauses updated to reflect current practices.
(Old) Clause 7.6 Alternative tender box and facsimile number – clause deleted.
(New) Clause 7.6 Special requirements for the two-envelope system – clause added.
References to ‘tender documents’ amended to ‘RFT documents’ for clarity.
Tender Schedules
Tender Form amended to incorporate Provisional Sums in all options.
Schedule of Prices – Lump Sum amended to include options for Provisional Sums and Rate Items.
Schedule of Prices – Scheduled Ratesdeleted.
Schedule of Provisional Sums added.
General Conditions of Contract
Clause 1 General responsibilities – Reference to Contract Information item 38A deleted.
Clause 13 Codes of Practice and Implementation Guidelines – reference to Construction Compliance Unit added.
Clause 20 Long service levy – Reference to corporation name updated.
Clause 33 Security – reference to ‘Undertakings’ corrected (see 33.2) and reference corrected in clause 33.4.
Clause 38.1 Faults in Contract Documents – changed from ‘any’ Contract Document to ‘a’ Contract Document.
Clause 39.1 Contractor’s Design Responsibilities–wording amended to clarify. References to Contract Information items 38A.1 and 38A.2 updated to reflect changes to these items.
Clause 39.7 Departures from the Principal’s Design – reference updated to the Contract Information item.
Clause 48.4Variations – provision for instructing Daywork clarified.
Clause 51 Delay costs – application of delay costs clarified for when there are Milestones.
Clause 79 Definitions – ‘Day’ removed as a defined term.
Contract Information item 24 Professional Indemnity Insurance – updated references in the guide note.
Contract Information item 26 Other Contract Documents – clarified and amended for consistency with the Letter of Award.
Contract Information item 30 – Payment period for Subcontracts – amended for consistency with the Building and Construction Industry Security of Payment Act amendments of 21 April 2014.
Contract Information item 37 Site Conditions–Minor change to wording.
Contract Information item 38 Design by the Contractor – redrafted for consistency with clause 39.
Contract Information item 42 Provisional Sums– Guide note amended to refer to new Schedule of Provisional Sums.
Contract Information item 49 A2 Delay costs – amended to clarify application of delay costs.
Contract Information item 49B Liquidated damages – clause references amended.
Contract Information item 53 Person to nominate an Expert – contact details updated.
Schedule 6 Combined Subcontractor’s Statement and Supporting Statement – typos corrected and hyperlinks updated.
Schedule 10 Principal Arranged Insurances – reference made to Treasury requirement to use SICorp insurance for projects estimated to cost more than $10M; name of Procurement System insurer corrected.
Schedule 12: Compliance with Building Code 2013 – paragraph numbering corrected.
Preliminaries
Clause 3.1 Application of Schedule of Rates – corrected guide note.
Clause 3.5 Provisional Sums – deleted (replaced by Schedule of Provisional Sums).
Clause 4.2 Industrial Relations management – clause deleted. Requirements have been replaced by workplace relations management requirements.
Clause 4.3 Protection of children and other vulnerable people – included a requirement for workers to make declarations under the Child Protection Act upon request.
Clause 4.6NSW Government Industrial Relations Management Guidelinesdeleted.
Clause 5.5 Work Health and Safety Management – deleted subclause on engagement as principal contractor; this is included in GC21 Edition 2 General Conditions of Contract.
Clause 5.6 Hazardous substances – amended and updated.
Clause 5.7 Asbestos removal – amended and updated; option covering DEC requirements added.
Generally
Updated references to Office of Finance and Services, ProcurePoint, NSWBuy, ‘RFT’ documents and ‘workplace’ relations; some typos corrected, fonts made consistent.
May 14, 2014
Conditions of Tendering
Clause 4.6NSW Government Industrial Relations Management Guidelinesdeleted.
General Conditions of Contract
Government Codes and Guidelines NSW Government Industrial Relations Management Guidelinesdeleted.
APRIL 8, 2014
Preliminaries
5.5OHS updated to WHS.
5.5 OHS Management Systems Guidelines Edition 4 updated to Work Health and Safety Management Systems and Auditing Guidelines Edition 5.
January 15, 2013
Conditions of Tendering
Clause 2.3OHS updated to WHS.
Clause 8.1OHS updated to WHS.
DECEMBER 17, 2012
General Conditions of Contract
Clause 38.1Notification of Faults updated.
Clause 38.3 Notification of Faults updated
Clause 39.4 Design Responsibility updated
Clause 47.1 Valuation of Changes updated
Clause 47.2 Valuation of Changes updated
Clause 47.3 Valuation of Changes updated
Clause 48.2 Variations deleted
Clause 48.4 Variations updated
Clause 48.4 Variationsupdated
Clause 49.1Changes to Statutory Requirements updated
Clause 50 Changes to Contractual Completion Dates updated
Clause 63.1 Set-off updated
Clause 68.3 Contractor’s Claimsupdated
Contract Information Item 13 Times for Site Access and Completion CT Option 3, Item 3 updated
Contract Information Item 49 Delay Costs and Liquidated Damages A1 updated
JUNE 27, 2012
General Conditions of Contract
Clause 47.3Valuation of Changes updated.