01 EST05904 Medium Works Tender Documents

ATM ID: EST05904
PROJECT NO: EST05904
PROJECT NAME: HOLSWORTHY BASE ROADS, NSW
ESTATE WORKS PROGRAM SUITE

MEDIUM WORKS CONTRACT
(EWP MEWC-1 2014)
CONSTRUCT ONLY
TENDER DOCUMENTS
Please note:
 matters in [SQUARE BRACKETS AND BOLD] are to be completed by the Tenderer before
lodging a Tender.
Contents
PART 1 - TENDER CONDITIONS............................................................................................................................4

1. INFORMATION FOR TENDERERS.....................................................................................................5
2. INTERPRETATION OF TENDER DOCUMENTS, QUESTIONS AND
AMENDMENTS........................................................................................................................................5
3. TENDERS................................................................................................................................................10
4. EVALUATION OF TENDERS..............................................................................................................13
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Department of Defence - Estate Works Program Suite - Tender Documents - Medium Works Contract (EWP MEWC-1 2014)
5. TENDERER'S DUE DILIGENCE........................................................................................................16

6. INFORMATION DOCUMENTS...........................................................................................................17
7. PROPOSED PROCEDURE BEFORE AND AFTER ATM CLOSE DATE AND
ATM CLOSE TIME................................................................................................................................18
8. ACCEPTANCE OF TENDERS.............................................................................................................19
9. NOTIFICATION AND DEBRIEF.........................................................................................................20
10. COSTS AND CLAIMS............................................................................................................................20
11. JOINT BIDS.............................................................................................................................................21
12. USE OF FORMER DEFENCE PERSONNEL IN PREPARATION OF TENDER.........................21
13. CONFLICT OF INTEREST..................................................................................................................21
14. USE OF TENDERS.................................................................................................................................22
15. UNLAWFUL CONDUCT.......................................................................................................................22
16. BUILDING CODE 2016..........................................................................................................................22
17. INFORMATION SECURITY - DEFENCE INDUSTRY SECURITY
PROGRAM AND CONFIDENTIAL INFORMATION......................................................................24
18. INFORMATION SECURITY - SENSITIVE AND CLASSIFIED
INFORMATION......................................................................................................................................24
19. COMMONWEALTH POLICIES..........................................................................................................24
20. AUSTRALIAN NATIONAL AUDIT OFFICE....................................................................................25
21. COMPLAINTS........................................................................................................................................25
22. FREEDOM OF INFORMATION..........................................................................................................26
23. TENDERER'S COMMERCIAL-IN-CONFIDENCE INFORMATION...........................................26
24. PRIVACY.................................................................................................................................................27
25. WORKPLACE GENDER EQUALITY................................................................................................27
26. EMPLOYEE ENTITLEMENTS...........................................................................................................27
27. DEFENCE'S SECURITY ALERT SYSTEM.......................................................................................28
28. FINANCIAL VIABILITY......................................................................................................................28
29. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE.....................................30
30. LOCAL INDUSTRY CAPABILITY.....................................................................................................32
31. INDIGENOUS PROCUREMENT POLICY........................................................................................33
32. WHS ACCREDITATION SCHEME....................................................................................................34
33. STATEMENT OF TAX RECORD........................................................................................................35
34. SPECIAL CONDITIONS OF TENDER...............................................................................................36
PART 2 - TENDER PARTICULARS.......................................................................................................................37
PART 3 - TENDER FORM AND STATUTORY DECLARATION.....................................................................42
PART 4 - TENDER SCHEDULES............................................................................................................................55
TENDER SCHEDULE A WORKLOAD AND PROPOSED RESOURCES.......................................................56
L\334978512.5
TENDER SCHEDULE B TASK APPRECIATION AND METHODOLOGY...................................................61

TENDER SCHEDULE C PREVIOUS PERFORMANCE....................................................................................63
TENDER SCHEDULE D PROGRAM....................................................................................................................66
TENDER SCHEDULE E SECURITY AND INSURANCE DETAILS................................................................67
TENDER SCHEDULE F MISCELLANEOUS CONTRACT PARTICULARS.................................................71
TENDER SCHEDULE G TENDERER'S COMMERCIAL-IN-CONFIDENCE
INFORMATION......................................................................................................................................72
TENDER SCHEDULE H INFORMATION SECURITY.....................................................................................74
TENDER SCHEDULE I LOCAL INDUSTRY CAPABILITY PLAN................................................................78
TENDER SCHEDULE J INDIGENOUS PROCUREMENT POLICY...............................................................79
TENDER SCHEDULE K BUILDING CODE 2016...............................................................................................80
TENDER SCHEDULE L STATEMENT OF TAX RECORD..............................................................................87
TENDER SCHEDULE M CONTRACT PRICE....................................................................................................90
TENDER SCHEDULE N ALTERNATIVE PROPOSALS - DESIGN DOCUMENTS.....................................97
PART 5 - CONTRACT...............................................................................................................................................99
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PART 1 - TENDER CONDITIONS
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TENDER CONDITIONS
1. INFORMATION FOR TENDERERS
1.1 General
The Tenderer is invited to lodge a Tender for the Contractor's Activities and the Works on the terms of the Tender
Documents.
1.1 AusTender, the Australian Government Tender System
(a) AusTender is the Australian Government's procurement information system. Access to and use of
AusTender is subject to terms and conditions. In participating in this tender process, the Tenderer must
comply with those terms and conditions and any applicable instructions, processes, procedures and
recommendations as advised on AusTender at https://www.tenders.gov.au/?event=public.termsOfUse.
(b) The Tenderer must direct all queries and requests for technical or operational support related to
AusTender to:
AusTender Help Desk

Telephone: 1300 651 698
International: +61 2 6215 1558
Email: tenders@finance.gov.au
The AusTender Help Desk is available between 9.00am and 5.00pm ACT Local Time, Monday to
Friday (excluding ACT and national public holidays).
(c) The Tenderer must direct all questions related to the Tender Documents or the tender process to the
Contact Officer under clause 2.2(a).
2. INTERPRETATION OF TENDER DOCUMENTS, QUESTIONS AND

AMENDMENTS
2.1 Interpretation
In the Tender Conditions and in the other Tender Documents:
(a) all words and expressions will (unless the context otherwise requires) have the meanings assigned to
them under clauses 25.1 and 25.2 of the Conditions of Contract in Part 5 or the meanings assigned to
them in these Tender Conditions;
(b) Annual Financial Report means:
(i) the financial statements for the year comprising a profit and loss statement for the year, a
balance sheet at the end of the year, a statement of cash flows for the year and (if required
by the accounting standards) a consolidated profit and loss statement, balance sheet and
statement of cash flows;
(ii) the notes to the financial statements; and
(iii) the directors' declaration about the financial statements and notes;
(c) ATM Close Date and ATM Close Time means the date and time specified on AusTender;
(d) Australian Government Information Security Manual means the Australian Government
Information Security Manual available at https://www.asd.gov.au/infosec/ism/;
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(e) Australian Government Protective Security Policy Framework means the Australian Government's
Protective Security Policy Framework available at https://www.protectivesecurity.gov.au;
(f) Australian Privacy Principle has the meaning given in the Privacy Act;
(g) Claim includes (without limitation) any claim (at law or in equity):
(i) under, arising out of, or in any way in connection with, any contract which the Tenderer
may enter into with the Commonwealth for the Contractor's Activities and the Works;
(ii) arising out of, or in any way in connection with, any task, thing or relationship connected
with the Contractor's Activities, the Works or the Project; or
(iii) otherwise at law or in equity including (without limitation):
A. by statute;
B. in tort for negligence or otherwise, including (without limitation) negligent

misrepresentation; or
C. for restitution;
(h) Contact Officer means the person specified on AusTender;
(i) Covered Procurement has the meaning in the Judicial Review Act;
(j) Defence means the Department of Defence;
(k) Defence Security Principles Framework is a reference to that document as amended from time to
time;
(l) Defence Strategic Interest Issue means any issue that involves an actual, potential or perceived risk of
an adverse effect on the interests of the Commonwealth including:
(i) protecting Australia’s national security requirements, in accordance with Commonwealth

requirements and policies, Statutory Requirements and Defence Requirements (including
the Australian Government Protective Security Policy Framework, the Australian
Government Physical Security Management Protocol, the Australian Government Personnel
Security Management Protocol, the Australian Government Information Security Manual
and the Defence Security Principles Framework);
(ii) ensuring that the whole (or any part of) the Confidential Information and if applicable,
Sensitive and Classified Information will be treated strictly in accordance with the
Disclaimer and Confidentiality Agreement and the Tender Documents; and
(iii) ensuring compliance by all Tenderers and the successful Tenderer with Australia's national
security requirements, in accordance with Commonwealth requirements and policies,
Statutory Requirements and Defence Requirements (including the Australian Government
Protective Security Policy Framework, the Australian Government Physical Security
Management Protocol, the Australian Government Personnel Security Management
Protocol, the Australian Government Information Security Manual and the Defence Security
Principles Framework);
(m) Financial Representative means the Tenderer's chief financial officer, financial controller or other
officer or employee with primary responsibility for managing the financial affairs of the Tenderer;
(n) Financial Viability Assessment means an assessment of whether the Tenderer has the necessary
financial viability to perform the Contractor's Activities, achieve Completion of the Works and
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otherwise meet its obligations under the Contract in Part 5 if it is the successful Tenderer carried out by
an Independent Financial Adviser;
(o) Independent Financial Adviser means an independent financial adviser engaged by the
Commonwealth;
(p) Indigenous Enterprise means an organisation that is 50% or more Indigenous owned that is operating a
business;
(q) Indigenous Participation Plan means a plan detailing how the Tenderer will meet the minimum
mandatory requirements for the Indigenous Procurement Policy;
(r) Indigenous Procurement Policy means the Commonwealth's Indigenous Procurement Policy, as
updated from time to time, available on the Indigenous Procurement Website;
(s) Indigenous Procurement Website means the website at www.niaa.gov.au/indigenous-

affairs/economic-development/indigenous-procurement-policy-ipp;
(t) Information Documents means:
(i) the documents listed in the disclaimer and confidentiality agreement published on
AusTender or issued by the Contact Officer by email (Disclaimer and Confidentiality
Agreement), with such listed Information Documents being published on AusTender or
issued by the Contact Officer by email, as indicated in the Disclaimer and Confidentiality
Agreement; and
(ii) any other document or amendment to a document which is published on AusTender (with
attachments to the Information Document published on AusTender or issued by the Contact
Officer by email, as indicated in the Information Document) prior to the ATM Close Date
and ATM Close Time and at the time of being published or issued, expressly stated to be an
"Information Document" or an amendment to an Information Document,
(notwithstanding that AusTender describes such documents as "addenda" or "ATM Documents");
(u) Joint Bid Basis means a Tender lodged:
(i) by an incorporated or unincorporated joint venture or special purpose vehicle; or
(ii) on any other basis involving more than one party if the Commonwealth is relying upon a
representation that those parties will be jointly (whether fully or partially) responsible for
performing the Contractor's Activities, achieving Completion of the Works and otherwise
meeting the obligations under the Contract in Part 5 if the parties are the successful
Tenderers;
(v) Judicial Review Act means the Government Procurement (Judicial Review) Act 2018 (Cth);
(w) Large Proprietary Company has the meaning in the Corporations Act 2001 (Cth);
(x) Material Change means any actual, potential or perceived material change to the circumstances of the
Tenderer including any change:
(i) arising out of or in connection with:
A. a Change of Control;
B. an Insolvency Event; or
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C. the Tenderer's financial viability, availability, capacity or ability to perform the
Contractor's Activities, achieve Completion of the Works and otherwise meet its
obligations under the Contract in Part 5; or
(ii) which affects the truth, completeness or accuracy of:
A. if the Tenderer has lodged a Tender, the Tender; or
B. any other information, documents, evidence or clarifications provided by the

Tenderer to the Commonwealth arising out of or in connection with its Tender
or the tender process;
(y) Personal Information has the meaning given in the Privacy Act;
(z) Privacy Act means the Privacy Act 1988 (Cth);
(aa) Project means the project described in the Tender Documents;
(bb) Public Company has the meaning in the Corporations Act 2001 (Cth);
(cc) Relevant Commonwealth Procurement Rules has the meaning in the Judicial Review Act;
(dd) Remote Area means an area identified on the map located on the Indigenous Procurement Website, as
updated from time to time;
(ee) Remote Area Contract has the meaning in the Indigenous Procurement Policy;
(ff) Separation Arrangement means any arrangement that the Tenderer:
(i) has in place;
(ii) will put in place; or
(iii) is required to put in place under clause 29.3,
for the purpose of preventing, ending, avoiding, mitigating, resolving or otherwise managing any
Material Change or Defence Strategic Interest Issue;
(gg) Small Proprietary Company has the meaning in the Corporations Act 2001 (Cth);
(hh) Tender means the documents lodged with the Commonwealth pursuant to these Tender Conditions;
(ii) Tender Conditions means these tender conditions in Part 1;
(jj) Tender Documents means:
(i) the Tender Conditions;
(ii) the Tender Particulars in Part 2;
(iii) the Tender Form and Statutory Declaration in Part 3;
(iv) the Tender Schedules in Part 4;
(v) the Contract in Part 5;
(vi) the Design Documents (as defined in the Conditions of Contract in Part 5); and
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(vii) the other documents referred to in the reference in the Contract Particulars in Part 5, which
correspond to the definition of "Contract" under clause 25.1 of the Conditions of Contract in
Part 5,
but excludes the Information Documents;
(kk) Tender Validity Period means:
(i) 90 days from the ATM Close Date and ATM Close Time; or
(ii) if the procurement is suspended under the Judicial Review Act or in accordance with clause
21.2, the period specified in paragraph (i) extended by the period of suspension, up to a
maximum of 180 days;
(ll) Tenderer means the person (or persons) or other entity invited to lodge a Tender;
(mm) WHS Accreditation Scheme Building Work has the same meaning as section 6 of the Building and
Construction Industry (Improving Productivity) Act 2016 (Cth);
(nn) any reference to a Part is a reference to a Part of the Tender Documents; and
(oo) any reference to one of the documents described in the definition of the "Tender Documents" under
paragraph (jj) is a reference to the document so entitled which is included in the Tender Documents.
2.2 Questions and Amendments to Tender Documents
(a) If the Tenderer finds any discrepancy, ambiguity, error or omission in the Tender Documents, has any
questions or concerns, or wishes to make any enquiry concerning the Tender Documents or the tender
process, it must notify the Contact Officer by email no later than 7 days prior to the ATM Close Date
and ATM Close Time. Subject to the Commonwealth Procurement Rules, neither the Commonwealth
nor the Contact Officer is obliged to respond to all such notices, questions, concerns or enquiries.
Subject to paragraph (b), the Commonwealth may (in its absolute discretion) respond to such notices,
questions, concerns or enquiries in the form of addenda under paragraph (d) or as an Information
Document.
(b) At the time of its notice under paragraph (a), the Tenderer may request that a matter notified under
paragraph (a) and any response remain confidential on the basis that the whole or any part of the matter
notified contains commercial in confidence information. The Tenderer must clearly state in its notice
that it is a request under clause 2.2(b) and must provide justifications for its request. If a request is made
under this paragraph (b), the Contact Officer will notify the Tenderer by email that the Commonwealth
(in its absolute discretion) either:
(i) agrees that the whole or any part of the matter notified contains commercial in confidence
information (in which case the relevant matter notified and any response will not be
published on AusTender or issued to all Tenderers); or
(ii) does not agree that the whole or any part of the matter notified or any response should
remain confidential on the basis that the request or any response contains commercial in
confidence information.
(c) If the Contact Officer notifies the Tenderer under paragraph (b)(ii):
(i) the Tenderer must notify the Contact Officer by email no later than 2 days after receiving
the notice if it wishes to withdraw its notice under paragraph (b); and
(ii) if the Tenderer does not withdraw its notice under subparagraph (i), the Commonwealth
may (in its absolute discretion) respond to the notice in the form of addenda under
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paragraph (d) or as an Information Document (in which case the relevant matter notified and
any response will be published on AusTender or otherwise issued to all Tenderers).
(d) The Commonwealth may (in its absolute discretion) amend the Tender Documents at any time prior to
the ATM Close Date and ATM Close Time. All amendments to the Tender Documents will be in the
form of addenda published on AusTender (with attachments to addenda being published on AusTender
or issued by the Contact Officer by email, as indicated in the addendum). No explanation or
interpretation of the Tender Documents may be relied upon by the Tenderer unless in the form of
addenda. All addenda under this paragraph (d) will become part of the Tender Documents.
(e) In the event of a discrepancy between:
(i) AusTender and the Tender Particulars, AusTender will prevail; and
(ii) a communication by AusTender and a communication by email, the communication by

AusTender will prevail.
2.3 Industry Briefing
Clause 2.3 applies unless the Tender Particulars state that it does not apply.
(a) The Commonwealth will conduct an industry briefing in relation to the Tender Documents, the tender
process, the Contractor's Activities, the Works and the Project. The details of the industry briefing are
specified in the Tender Particulars.
(b) If the Tenderer wishes to attend the industry briefing, it must notify the Contact Officer by email no
later than the time and date specified in the Tender Particulars, providing details of the Tenderer, the full
names and addresses of all Tenderer personnel proposed to attend the industry briefing and all other
information required under paragraph (a).
(c) The Commonwealth may (in its absolute discretion):
(i) limit or restrict the number of Tenderer personnel; or
(ii) exclude any or all Tenderer personnel from,
attending the industry briefing for any reason, including if the Tenderer:
(iii) exceeds the maximum number of Tenderer personnel specified in the Tender Particulars;
(iv) fails to comply with paragraph (b); or
(v) substitutes or replaces Tenderer personnel after the time and date specified in the Tender
Particulars.
(d) The industry briefing will be conducted for the purpose of providing background information only. The
Tenderer must not in any way rely upon the industry briefing for the purposes of preparing, amending or
negotiating its Tender or entry into any contract with the Commonwealth.
(e) The Tenderer:
(i) will not be provided with copies of the industry briefing materials (including presentations),
unless such materials are issued as Information Documents; and
(ii) is not permitted to take:
A. photographs at the industry briefing unless specifically permitted to do so by the

Contact Officer (in consultation with the Commonwealth); or
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B. other electronic recordings of the industry briefing (including any presentation,
Site visit or inspection).
If the Tenderer wishes to request photographs, it must submit its request under clause 2.2(a).
(f) Without limiting any other provision of the Tender Conditions:
(i) subject to the Commonwealth Procurement Rules, neither the Commonwealth nor the
Contact Officer is obliged to respond to any or all questions, enquiries or other matters
notified during the industry briefing; and
(ii) the Commonwealth may (in its absolute discretion) publish or issue addenda under clause
2.2(d) or Information Documents to address any matters arising out of or in connection with
the industry briefing.
3. TENDERS
3.1 Conforming Tender, including ATM Close Date and ATM Close Time, Minimum
Form and Content Requirements and Conditions for Participation
To lodge a conforming Tender:
(a) the Tender must be lodged:
(i) by AusTender;
(i) before the ATM Close Date and ATM Close Time; and
(ii) in accordance with the response lodgement procedures described in the Tender
Documents and on AusTender;
(b) the Tender must satisfy each minimum form and content requirement as follows:
(i) the Tender must remain valid for the duration of the Tender Validity Period, during
which period the Tenderer cannot withdraw its Tender;
(ii) the Tenderer must complete, execute and lodge the Tender Form and Statutory
Declaration in Part 3;
(iii) if clauses 31.3 and 31.4 apply, the Tenderer must complete and lodge Tender Schedule
J - Indigenous Procurement Policy;
(iv) if clause 33 applies, the Tenderer must complete and lodge Tender Schedule L -
Statement of Tax Record;
(v) the Tenderer must accept (without departure, qualification, amendment, limitation or
exclusion) the Contract in Part 5, except to the extent provided for under clause 3.2
and expressly set out by the Tenderer in Tender Schedule N - Alternative Proposals -
Design Documents; and
(vi) the Tender must be completely self-contained, without hyperlinks for other material
incorporated by reference; and
(c) the Tenderer must, at the time of lodging its Tender, satisfy each condition for participation as
follows:
(i) if clause 16 applies, the Tenderer meets the eligibility requirements in section 23 of the
Building Code 2016; and
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(ii) each additional condition for participation specified in the Tender Particulars (if any)
regardless of tendered value.
(d) The ATM Close Date and ATM Close Time will be displayed on the relevant AusTender webpage
together with a countdown clock that displays (in real time) the amount of time left until the ATM Close
Date and ATM Close Time (for more information, see the terms and conditions at
https://www.tenders.gov.au/?event=public.termsOfUse.). For the purpose of determining whether or not
a Tender has been lodged before the ATM Close Date and ATM Close Time, the countdown clock will
be conclusive.
3.2 Alternative Proposals - Design Documents only
(a) The Commonwealth offers the Tenderer the opportunity to provide alternative proposals with respect to
the Design Documents forming part of the Contract in Part 5 in the pursuit of greater value for money.
The Tenderer should note, however, that (subject to the Commonwealth's absolute discretion
under clause 3.3(b)) it must lodge a conforming Tender before an alternative proposal will be
considered.
(b) If the Tenderer wishes to provide any alternative proposal with respect to the Design Documents
forming part of the Contract in Part 5, it must be expressly set out in Tender Schedule N -
Alternative Proposals - Design Documents. The Tenderer should note that this is a minimum
form and content requirement for its Tender under clause 3.1(b)(v).
(c) If the Commonwealth (in its absolute discretion) selects or accepts any alternative proposal with respect
to the Design Documents, the Commonwealth will make any necessary alterations to the Contract in
Part 5.
3.3 Non-Conforming Tender
The Tenderer acknowledges and agrees that:
(a) the Tenderer is responsible for lodging its Tender in accordance with clause 3.1(a) and managing all
surrounding risks, including those associated with the use of AusTender and all information technology
risks. If the Tender is not lodged in accordance with clause 3.1(a), the Tender will be non-conforming
and will not be evaluated (or continue to be evaluated) unless the reason it was not lodged in accordance
with clause 3.1(a) was solely due to mishandling by the Commonwealth;
(b) if the Tender does not satisfy each minimum form and content requirement specified under clause
3.1(b), the Tender will be non-conforming and will not be evaluated (or continue to be evaluated) unless
the Commonwealth considers (in its absolute discretion) that the failure to satisfy a minimum form and
content requirement was due to an unintentional error by the Tenderer. If the Commonwealth
considers (in its absolute discretion) that the failure to satisfy a minimum form and content
requirement may be due to an unintentional error by the Tenderer:
(i) the Contact Officer will notify the Tenderer by email that there has been a failure to satisfy a
minimum form and content requirement and that it requires the Tenderer to provide a
response to the Contact Officer by email by the time and date stated in the notice; and
(ii) the Commonwealth may (in its absolute discretion) review and accept any correction of an
unintentional error in respect of a minimum form and content requirement provided in
the Tenderer's response; and
(c) if the Tenderer does not satisfy each condition for participation specified under clause 3.1(c), the
Tender will be non-conforming and will not be evaluated (or continue to be evaluated).
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3.4 Administrative Arrangements
(a) To the extent that the Tender Documents and any Information Documents are not published on
AusTender and are otherwise issued to the Tenderer, one copy will be supplied to the Tenderer without
charge.
(b) The Tenderer is requested to:
(i) lodge:
A. subject to clause 3.1(b)(ii) (minimum form and content requirement), the

Tender Form and Statutory Declaration in Part 3;
B. Tender Schedule A - Workload and Proposed Resources;
C. Tender Schedule B - Task Appreciation and Methodology;
D. Tender Schedule C - Previous Performance;
E. Tender Schedule D - Program;
F. Tender Schedule E - Security and Insurance Details;
G. Tender Schedule F - Miscellaneous Contract Particulars;
H. Tender Schedule G - Tenderer's Commercial-in-Confidence Information;
I. Tender Schedule H - Information Security;
J. Tender Schedule I - Local Industry Capability Plan;
K. if clauses:
1) 31.1 and 31.2 apply, Tender Schedule J - Indigenous Procurement

Policy; or
2) subject to clause 3.1(b)(iii) (minimum form and content

requirement), if clauses 31.3 and 31.4 apply, Tender Schedule J -
Indigenous Procurement Policy;
L. if clause 16 applies, Tender Schedule K - Building Code 2016;
M. if clause 33 applies (minimum form and content requirement), Tender

Schedule L - Statement of Tax Record;
N. Tender Schedule M - Contract Price; and
O. subject to clause 3.1(b)(v) (minimum form and content requirement), Tender

Schedule N - Alternative Proposals - Design Documents,
in the unsecured format/s specified in the Tender Particulars and in the case of Tender
Schedule M - Contract Price and Tender Schedule N - Alternative Proposals - Design
Documents, each in a separate, clearly labelled file. The Tenderer is requested not to lodge
a USB or thumb drive, ipad, tablet or other similar electronic device;
(ii) lodge (in respect of the Tender Form and Statutory Declaration and Tender Schedules
described under subparagraph (i)) files which:
A. identify:
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1) the Project;
2) the Tenderer's name; and
3) the relevant Tender Form and Statutory Declaration and Tender

Schedule references;
B. do not exceed the combined file size specified in the Tender Particulars;
C. do not contain any virus, malicious code or any other matter or thing which
might affect the integrity, useability, security or operation of the
Commonwealth's or the Contact Officer's systems; and
D. do not contain macros, scripts or executable codes of any kind;
(iii) unless otherwise specified, express measurements in Australian legal units of measurement;
(iv) unless otherwise specified, state all prices in Australian Dollars; and
(v) ensure all contents are clear, legible and readable by using appropriate print colours and font
sizes (equivalent to at least Arial 10 point or Times New Roman 11 point),
but these are not minimum form and content requirements for its Tender.
(c) If the Contact Officer (in its absolute discretion) notifies the Tenderer by email that the Tenderer is to
provide clarification or authentication of material included in the Tender (including any scanned or
imaged material such as the Tender Form and Statutory Declaration or other declarations), the Tenderer
must provide the originals of such material:
(i) by post to the Contact Officer at the postal address specified in the Contact Officer's notice;
and
(vi) by the time and date specified in the Contact Officer's notice,
but these are not minimum form and content requirements for its Tender.
4. EVALUATION OF TENDERS
Subject to the Tender Conditions, Tenders will be evaluated to determine the Tender which represents the best value
for money to the Commonwealth. In considering the Tender, the Commonwealth:
(a) will apply the following evaluation criteria:
(i) workload and proposed resources (15% weighting). The extent to which the Tenderer
has demonstrated that it has the availability, capacity and ability to perform the Contractor's
Activities, achieve Completion of the Works and otherwise meet its obligations under the
Contract in Part 5 if it is the successful Tenderer (noting that the type of information the
Commonwealth is seeking is outlined in Tender Schedule A - Workload and Proposed
Resources);
(ii) task appreciation and methodology (60% weighting). The extent to which the Tenderer
has demonstrated that it:
A. comprehends key issues and will implement appropriate solutions and

management strategies in performing the Contractor's Activities (including in
accordance with any Australian standards, or if not applicable, international
standards), achieving Completion of the Works and otherwise meeting its
obligations under the Contract in Part 5; and
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B. has satisfactory practices regarding labour regulations including ethical
employment practices, work health and safety and environmental impacts,
(noting that the type of information the Commonwealth is seeking is outlined in Tender
Schedule A – Workload and Proposed Resources, Tender Schedule B - Task Appreciation
and Methodology and Tender Schedule C – Previous Performance);
(iii) previous performance (15% weighting). The extent to which the Tenderer has
demonstrated that it has the experience and ability to perform the Contractor's Activities,
achieve Completion of the Works and otherwise meet its obligations under the Contract in
Part 5 if it is the successful Tenderer (noting that the type of information the Commonwealth
is seeking is outlined in Tender Schedule C - Previous Performance);
(iv) program (10% weighting). The extent to which the Tenderer has demonstrated that it will
satisfactorily program the Contractor's Activities, achieve Completion of the Works and
otherwise meet its obligations under the Contract in Part 5 if it is the successful Tenderer
(noting that the type of information the Commonwealth is seeking is outlined in Tender
Schedule D - Program);
(v) commercial position (no weighting, the Tender will be evaluated with reference to
whether value for money has been demonstrated). The extent to which the Tenderer has
demonstrated that it has a satisfactory commercial position in respect of the Contract in Part
5, performing the Contractor's Activities, achieving Completion of the Works and otherwise
meeting its obligations under the Contract in Part 5 if it is the successful Tenderer, which
will include at least the following:
A. security and insurance details (noting that the type of information the
Commonwealth is seeking is outlined in Tender Schedule E - Security and
Insurance Details);
B. miscellaneous Contract Particulars (noting that the type of information the

Commonwealth is seeking is outlined in Tender Schedule F - Miscellaneous
Contract Particulars);
C. commercial-in-confidence information (if any) (noting that the type of

information the Commonwealth is seeking is outlined in Tender Schedule G -
Tenderer's Commercial-in-Confidence Information); and
D. agreed damages (noting that the type of information the Commonwealth is

seeking is outlined in item 5 of Tender Schedule M - Contract Price);
E. liquidated damages (noting that the type of information the Commonwealth is

seeking is outlined in item 6 of Tender Schedule M – Contract Price);
(vi) information security (no weighting, the Tender will be evaluated with reference as to
whether or not this evaluation criterion is met). Whether or not the Tenderer has
demonstrated that it has the ability to meet its information security obligations under the
Contract in Part 5 if it is the successful Tenderer (noting that the type of information the
Commonwealth is seeking is outlined in Tender Schedule H - Information Security);
(vii) local industry capability (no weighting, the Tender will be evaluated with reference to
whether value for money has been demonstrated). If clause 30 applies: The extent to
which the Tenderer has demonstrated its commitment to local industry participation and will
implement appropriate solutions and management strategies to ensure that local industry is
given full, fair and reasonable opportunity to participate in the delivery of the Works if it is
the successful Tenderer (noting that the type of information the Commonwealth is seeking is
outlined in Tender Schedule I – Local Industry Capability Plan);
DEWPO V8.1
(viii) Indigenous Procurement Policy (no weighting, the Tender will be evaluated with
reference to whether value for money has been demonstrated). The extent to which the
Tenderer has demonstrated that:
A. if clauses 31.1 and 31.2 apply, that it has a satisfactory approach to delivering
Indigenous employment and supplier use outcomes;
B. if clauses 31.3 and 31.4 apply:
1) its commitment to increasing Indigenous participation, including:
a) that it has a satisfactory approach to delivering

Indigenous employment and Indigenous supplier use
outcomes;
b) that its Indigenous Participation Plan will meet the

mandatory minimum requirements for the Indigenous
Procurement Policy; and
c) its past performance and/or demonstrated commitment

in relation to increasing Indigenous participation,
including, where relevant, compliance with:
i) an Indigenous Participation Plan; and
ii) the mandatory minimum requirements of

the Indigenous Procurement Policy; and
2) if clause 31.5 applies, that it will ensure that the Contractor's

Activities and the Works deliver significant Indigenous employment
and Indigenous supplier use outcomes in the Remote Area,
and will otherwise meet its obligations under the Contract in Part 5 if it is the
successful Tenderer (noting that the type of information the Commonwealth is
seeking is outlined in Tender Schedule J - Indigenous Procurement Policy);
(ix) if clause 16 applies, Building Code 2016 (no weighting, the Tender will be evaluated
with reference as to whether or not this evaluation criterion is met). The Tenderer has
demonstrated compliance with the Building Code 2016 (noting that the type of information
the Commonwealth is seeking is outlined in Tender Schedule K - Building Code 2016);
(x) Contract Price (no weighting, the Tender will be evaluated with reference to whether
value for money has been demonstrated). The extent to which the Tenderer has
demonstrated that its Contract Price, when considered in conjunction with all other
evaluation criteria and all other information is value for money (noting that the type of
information the Commonwealth is seeking is outlined in Tender Schedule M - Contract
Price);
(xi) subject to clause 3.2 (including the Commonwealth's absolute discretion with respect to
alternative proposals), alternative proposals with respect to the Design Documents (if
any) (no weighting, the Tender will be evaluated with reference to whether value for
money has been demonstrated). The extent to which the Tenderer has demonstrated
greater value for money (noting that the type of information the Commonwealth is seeking
is outlined in Tender Schedule N - Alternative Proposals - Design Documents); and
(xii) (if the procurement is valued at over $4 million) the extent to which the Project and the
Tenderer's approach to the performance of the Contractor's Activities and the Works
DEWPO V8.1
will directly benefit the Australian economy (no weighting, the Tender will be
evaluated with reference to whether value for money has been demonstrated).
(b) will apply any additional evaluation criteria specified in the Tender Particulars;
(c) may (in its absolute discretion) take into account the information which the Tenderer provides under
clause 7.1(b) but not the information which the Tenderer provides under clause 7.1(a); and
(d) may (in its absolute discretion):
(i) obtain and take into account information from its own knowledge, enquiries and
investigations, including:
A. from referees on prior or current projects on which a Tenderer may have been
involved (whether or not nominated by the Tenderer in its Tender);
B. in connection with any other Commonwealth project; or
C. from financial information or documents (whether provided by the Tenderer

under clause 28 or otherwise and any Financial Viability Assessment under
clause 28 or otherwise);
(ii) take into account any information lodged or likely to be lodged by the Tenderer in any
registration of interest process, tender process or similar procurement process in connection
with the Project or any other Commonwealth project; and
(iii) without limiting any other right or remedy of the Commonwealth (under the Tender
Documents or otherwise at law or in equity):
A. decide not to evaluate a Tender (or continue to evaluate a Tender); or
B. decide to discontinue negotiations with any preferred Tenderer appointed under

clause 7.1(d),
if:
C. the Commonwealth considers (in its absolute discretion) that the Tenderer does
not have the necessary financial viability to perform the Contractor's Activities,
achieve Completion of the Works and otherwise meet its obligations under the
Contract in Part 5 if it is the successful Tenderer, whether as a result of financial
information or documents (whether provided by the Tenderer under clause 28 or
otherwise) and any Financial Viability Assessment under clause 28 or
otherwise; or
D. the Tenderer has:
1) failed to duly complete, execute and return the Disclaimer and

Confidentiality Agreement by email to the Contact Officer in
accordance with clause 6.1(b)(ii);
2) failed to comply with any of its obligations in the Disclaimer and

Confidentiality Agreement or the Tender Conditions; or
3) otherwise acted inconsistently with the tender process.
DEWPO V8.1
5. TENDERER'S DUE DILIGENCE
(a) No representation has been or is made to the Tenderer by the Commonwealth, the Contact Officer, the
PDS Contractor or any of their employees, agents or consultants about the accuracy, completeness or
sufficiency of the Design Documents or that the Design Documents represents a completed design of the
Works which is suitable for construction or estate works program purposes and the Commonwealth:
(i) has not assumed; nor
(ii) does it assume,
a duty of care to the Tenderer concerning the Design Documents.
(b) The Tenderer is required to do, and will be deemed to have done, everything that would be expected of a
prudent, competent and experienced contractor in:
(i) assessing the risks which it is assuming under the Contract in Part 5; and
(ii) ensuring that its tendered Contract Price contains allowances to protect it against any of
these risks, including all those things, activities and tasks set out in the Tender Form and
Statutory Declaration.
(c) If a Tenderer wishes to inspect the Site and related Information Documents, it must notify the Contact
Officer by email no later than 14 days prior to the ATM Close Date and ATM Close Time, providing
details of its request.
(d) If a request is made under paragraph (c), the Contact Officer will notify the Tenderer by email that the
Commonwealth (in its absolute discretion) either:
(i) grants permission, whether with or without such conditions and restrictions as the
Commonwealth thinks fit; or
(ii) refuses permission.
6. INFORMATION DOCUMENTS
(a) With respect to the Information Documents:
(i) the Information Documents referred to under:
A. clause 2.1(t)(i) are immediately available for the information only of the

Tenderer; and
B. clause 2.1(t)(ii) may from time to time prior to the ATM Close Date and ATM
Close Time be published on AusTender (with attachments to the Information
Document published on AusTender or issued by the Contact Officer by email,
as indicated in the Information Document) for the information only of the
Tenderer;
(ii) they do not form part of the Tender Documents and will not form part of the Contract in Part
5; and
(iii) this clause 6 applies notwithstanding that AusTender describes such documents as
"addenda" or "ATM Documents".
(b) The Tenderer:
DEWPO V8.1
(i) acknowledges and agrees that the Commonwealth published on AusTender the Disclaimer
and Confidentiality Agreement;
(ii) warrants that to the extent that the Tender Documents and the Information Documents:
A. are published on AusTender, before the Tenderer downloaded any of the Tender
Documents or the Information Documents from AusTender; or
B. are not published on AusTender, before the Contact Officer issued any of the
Tender Documents or the Information Documents to the Tenderer by email,
the Tenderer duly completed, executed and returned the Disclaimer and Confidentiality
Agreement by email to the Contact Officer; and
(iii) acknowledges and agrees that if requested by the Contact Officer by email, the Tenderer
must provide to the Contact Officer by email the names and addresses of all persons to
whom the Tenderer has issued the whole or any part of the Tender Documents and
Information Documents by the time and date specified in the Contact Officer's request.
7. PROPOSED PROCEDURE BEFORE AND AFTER ATM CLOSE DATE AND ATM
CLOSE TIME
(a) The Commonwealth requires the lodgement of fully competitive Tenders from each Tenderer, which
will generally maximise the possibility of exceptional performance by the successful Tenderer in
accordance with the terms of the Tender Documents. In light of this paragraph (a) (and without limiting
any other provision of the Tender Conditions), before the ATM Close Date and ATM Close Time, the
Commonwealth may (in its absolute discretion) do one or more of the following from time to time with
one or more Tenderers:
(i) meet separately with representatives of each Tenderer to:
A. obtain information in relation to, and clarify aspects of, the Tenderer's proposed
Tender; and
B. explain the intention of, and answer questions about, any aspect of the Tender
Documents;
(ii) require the Tenderer to provide the Contact Officer with further information or clarification
in relation to aspects of the Tenderer's proposed Tender;
(iii) amend the Tender Documents as the Commonwealth considers necessary or desirable to
further the objective under this paragraph (a);
(iv) because each Tenderer is likely to have a different approach to its Tender, the performance
of the Contractor's Activities, the Completion of the Works and the Contract in Part 5, the
Commonwealth may (in its absolute discretion):
A. raise issues with a Tenderer which it does not raise with other Tenderers;
B. raise issues with a Tenderer which improves the proposed Tender to be lodged
by that Tenderer; and
C. provide a Tenderer with opportunities to ask questions, provide information in

relation to or clarify aspects of its proposed Tender, or improve its proposed
Tender, which it does not provide to other Tenderers,
but the Commonwealth is not obliged to:
DEWPO V8.1
(v) provide any information or explanation, answer any questions or otherwise act in any
particular manner in or arising out of or in connection with any meeting convened under this
paragraph (a); or
(vi) amend the Tender Documents arising out of or in connection with any meeting under this
paragraph (a).
(b) After the ATM Close Date and ATM Close Time, the Commonwealth may (in its absolute discretion)
do one or more of the following from time to time with one or more Tenderers:
(i) meet with representatives of the Tenderer to obtain further information, documents or
evidence in relation to, and otherwise clarify, aspects of the Tenderer's Tender;
(ii) require the Tenderer to provide the Commonwealth and the Contact Officer with further
information, documents, evidence or clarification in relation to any aspect of the Tenderer's
Tender or as otherwise described in the Tender Documents; and
(iii) set aside a Tender, pending negotiations with one or more preferred Tenderers under
paragraph (d).
(c) The Tenderer must:
(i) attend and participate in all meetings required by the Commonwealth under paragraph (a) or
(b); and
(ii) provide all information, documents, evidence or clarifications required by the

Commonwealth under paragraph (a) or (b):
A. by the time and date specified by the Commonwealth; and
B. by the form of communication specified by the Tender Documents or otherwise

specified by the Commonwealth.
(d) The Commonwealth may (in its absolute discretion) by notice by email appoint one or more Tenderers
as preferred Tenderers:
(i) with whom the Commonwealth will enter into negotiations; and
(ii) subject to the satisfaction of such conditions (if any) as may be stated in the notice,
including:
A. the Tenderer duly completing, executing and returning a preferred Tenderer

negotiation protocol in the form specified by the Commonwealth (setting out the
basis on which the Commonwealth will negotiate with the preferred Tenderer):
1) by the time and date specified by the Commonwealth; and
2) by the form of communication specified by the Commonwealth; and
B. any Financial Viability Assessment under clause 28 or otherwise.
(e) Without limiting clause 8 or the legal effect of the preferred Tenderer's obligations under any preferred
Tenderer negotiation protocol required under paragraph (d)(ii)B, the appointment of a Tenderer as a
preferred Tenderer under paragraph (d)(ii)B is not to be taken as a representation that the
Commonwealth will award the Contract in Part 5 to the preferred Tenderer and does not bind the
Commonwealth to do so.
(f) Negotiations with preferred Tenderers under paragraph (d)(ii)B:
DEWPO V8.1
(i) may be conducted on any basis which the Commonwealth (in its absolute discretion)
considers will enable the Commonwealth to improve the value for money which it would
obtain from acceptance of any preferred Tenderer's Tender;
(ii) without limiting subparagraph (i), may involve the amendment of any aspect of the Tender
Documents (including the Contract in Part 5) or a preferred Tenderer's Tender, regardless of
how substantial the amendment or the fact that the amendment is only proposed to a
particular preferred Tenderer; and
(iii) do not require the Commonwealth to provide each preferred Tenderer (if more than one)
with the same information, opportunity to negotiate, or proposed amendment of any aspect
of the Tender Documents (including the Contract in Part 5) or the preferred Tenderer's
Tender.
(g) The Commonwealth may (in its absolute discretion) by notice by email:
(i) discontinue negotiations at any time and for any reason with a preferred Tenderer; or
(ii) without limiting paragraph (d), appoint one or more other preferred Tenderers with which to
enter into negotiations.
8. ACCEPTANCE OF TENDERS
(a) The Commonwealth is not bound or required to accept the lowest or any Tender.
(b) A Tenderer's Tender (as amended, if at all, under clause 7) will not be deemed to be accepted unless and
until the Formal Agreement set out in Part 5 is signed by the Tenderer and the Commonwealth.
(c) No other document issued or made available and no other representation made or conduct engaged in,
by or on behalf of the Commonwealth (other than as set out under paragraph (b)) will be deemed to be
acceptance of a Tenderer's Tender or to create any contractual or other legal relationship between the
Commonwealth and a Tenderer or otherwise oblige the Commonwealth to enter into a contract with the
Tenderer.
9. NOTIFICATION AND DEBRIEF
(a) If the Tenderer:
(i) did not lodge a conforming Tender, the Commonwealth will notify the Tenderer by email
and no debrief will be provided; or
(ii) did lodge a conforming Tender, the Commonwealth:
A. may (in its absolute discretion) notify the Tenderer by email if its Tender has
been set aside under clause 7.1(b)(iii); and
B. will notify the Tenderer by email if its Tender was unsuccessful (regardless of
whether or not its Tender was set aside under clause 7.1(b)(iii)).
(b) Within 14 days of:
(i) receipt of a notice from the Commonwealth under paragraph (a)(ii)B; or
(ii) the date upon which the Tenderer's Tender is accepted under clause 8,
the Tenderer may notify the Contact Officer by email that a debrief is requested.
(c) If a request is made under paragraph (b):
DEWPO V8.1
(i) subject to subparagraph (iii), the Commonwealth will determine (in its absolute discretion) a
suitable time, date and place for the debrief after the Award Date;
(ii) the Contact Officer will notify the Tenderer by email of the time, date and place for the
debrief; and
(iii) the Commonwealth will provide the debrief.
(d) The purpose of the debrief is to discuss the reasons why the Tenderer's Tender was successful or
unsuccessful and neither the Commonwealth nor the Contact Officer is obliged to make any comparison
with or provide any information about any other Tenderer or Tender at the debrief.
10. COSTS AND CLAIMS
Without limiting any other provision of these Tender Documents and to the extent of any compensation awarded
under the Judicial Review Act, no payment will be made by the Commonwealth to the Tenderer or any other person
or entity for any costs, expenses, losses, damages or liabilities incurred or suffered by the Tenderer or any other
person or entity arising out of or in connection with:
(a) preparing a Tender;
(b) the tender process (including an industry briefing, a debrief or any discussions, negotiations or enquiries
or any work undertaken by the Tenderer before or after the ATM Close Date and ATM Close Time,
including in relation to anything that occurs under clause 7); or
(c) any failure to comply with the Disclaimer and Confidentiality Agreement or the Tender Conditions.
11. JOINT BIDS
11.1 Tender lodged on a Joint Bid Basis
The Commonwealth offers the Tenderer the opportunity to lodge its Tender on a Joint Bid Basis.
11.2 Amendments to Contract
If the Commonwealth considers negotiating or accepting a Tender lodged on a Joint Bid Basis, the Commonwealth
reserves the right to require such amendments to the Contract in Part 5 as the Commonwealth considers (in its
absolute discretion) are necessary to:
(a) ensure the joint and several liability of the parties comprising the Contractor; and
(b) otherwise provide it with sufficient protection in the event of default or financial difficulty of any type
(including the circumstances described in the definition of Insolvency Event under clause 25.1 of the
Conditions of Contract in Part 5),
including in relation to the provision of cross guarantees, parent company guarantees, indemnities, collateral
warranties, direct collateral covenants with subcontractors or otherwise.
12. USE OF FORMER DEFENCE PERSONNEL IN PREPARATION OF TENDER
(a) Subject to paragraph (c)(i), the Tenderer must ensure that its Tender is not prepared (in whole or in part)
by any officer, employee, agent or adviser of the Tenderer who was:
(i) an employee of, service provider to or otherwise engaged by, the Department of Defence at
any time during the six months immediately preceding the date on which the Tender
Documents were published on AusTender or otherwise issued to the Tenderer;
DEWPO V8.1
(ii) involved in the planning or performance of the Contractor’s Activities, the Works or the
Project at any time during the 12 months immediately preceding the date on which the
Tender Documents were published on AusTender or otherwise issued to the Tenderer; or
(iii) involved in the management of the tender process or preparation of the Tender Documents
at any time.
(b) If the Tenderer wishes to request permission to have a person described under paragraph (a) contribute
to or participate in the preparation of the Tender, it must notify the Contact Officer by email no later
than 14 days prior to the ATM Close Date and ATM Close Time, providing details of the person, the
person's status under paragraph (a) and the person’s proposed contribution to or participation in the
preparation of the Tender.
(c) If a request is made under paragraph (b), the Contact Officer will notify the Tenderer by email that the
Commonwealth (in its absolute discretion) either:
(i) grants permission, whether with or without such conditions as the Commonwealth thinks fit
(which may include requiring the relevant person to make a statutory declaration or duly
execute a deed); or
(ii) refuses permission.
13. CONFLICT OF INTEREST
(a) The Tenderer must not place itself, and must ensure that its officers, employees, agents and advisers do
not, place themselves, in a position that may or does give rise to an actual, potential or perceived
conflict of interest between the interests of the Commonwealth and the Tenderer during this tender
process.
(b) If during this tender process a conflict of interest arises, or appears likely to arise, the Tenderer must
immediately notify the Contact Officer by email, providing details of such conflict of interest and the
steps which the Tenderer has taken (or will take) to prevent, end, avoid, mitigate, resolve or otherwise
manage the conflict of interest.
(c) If a notice is given under paragraph (b), the Contact Officer will notify the Tenderer by email of any
steps the Commonwealth requires the Tenderer to take to prevent, end, avoid, mitigate, resolve or
otherwise manage the conflict of interest.
(d) Without limiting clause 4.1(d)(iii), the Commonwealth may (in its absolute discretion) decide not to
evaluate (or continue to evaluate) a Tender if the Tenderer:
(i) has not complied with paragraph (a);
(ii) fails to notify the Contact Officer under paragraph (b); or
(iii) fails to take the steps notified by the Contact Officer under paragraph (c) to prevent, end,
avoid, mitigate, resolve or otherwise manage the conflict of interest.
14. USE OF TENDERS
The Tenderer acknowledges that:
(a) its Tender and any other documents arising out of or in connection with this tender process become the
property of the Commonwealth; and
(b) subject to the Commonwealth Procurement Rules, the Commonwealth may (in its absolute discretion)
use, retain and copy the information contained in its Tender and any other documents arising out of or in
connection with this tender process for any purpose arising out of or in connection with:
DEWPO V8.1
(i) the evaluation and selection of applicants and tenderers;
(ii) the development and preparation of tender documents and any subsequent tender process
conducted by the Commonwealth in respect of the Contractor’s Activities, the Works or the
Project;
(iii) verifying the accuracy, consistency and adequacy of information provided under any other
invitation to register interest process, tender process or similar procurement process
conducted by the Commonwealth; or
(iv) the development and preparation of invitation to register interest documents, tender
documents or similar documents and any subsequent invitation to register interest process,
tender process or similar procurement process conducted by the Commonwealth.
15. UNLAWFUL CONDUCT
Without limiting clause 4.1(d)(iii), the Commonwealth may (in its absolute discretion) decide not to evaluate (or
continue to evaluate) a Tender if the Tender has been prepared:
(a) in breach of or otherwise inconsistently with any Statutory Requirement regarding the offering of
unlawful inducements in connection with the preparation of a tender or during a tender process; or
(b) with the utilisation of information unlawfully obtained from the Commonwealth.
16. BUILDING CODE 2016
Clause 16 applies unless the Tender Particulars state that it does not apply.
16.1 General
The Tenderer's attention is drawn to the Building and Construction Industry (Improving Productivity) Act 2016
(Cth) and to the Building Code 2016, which apply to the Commonwealth Funded Building Work that is the subject
of the Project. More information about the Building and Construction Industry (Improving Productivity) Act 2016
(Cth) and the Building Code 2016 is available at http://www.abcc.gov.au.
The Tenderer:
(a) will be deemed to have read; and
(b) agrees that it and its Related Entities must comply with,
the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Building Code 2016 from
the time of lodging its Tender.
16.2 Tenderer's Response
As part of its Tender, the Tenderer must complete and lodge Tender Schedule K - Building Code 2016.
If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it must complete and lodge the information
requested in, Section A of the Declaration of Compliance and Attachment A to the Declaration of Compliance
in Tender Schedule K - Building Code 2016, for each joint bid party (as applicable).
Where a Workplace Relations Management Plan is required to be submitted and a Tender is submitted on
Joint Bid Basis, a single Workplace Relations Management Plan must be provided with the Tenderer's
response to Tender Schedule K - Building Code 2016, which relates to both joint bid parties.
The Tenderer should also note:
(a) the evaluation criterion under clause 4.1(a)(ix); and
DEWPO V8.1
(b) the condition for participation under clause 3.1(c)(i).
If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, each joint bid party must satisfy the condition for
participation (as applicable).
16.3 Compliance with the Building Code 2016
(a) The following are essential requirements:
(i) the Tenderer confirms that it and its Related Entities are eligible to perform Commonwealth
Funded Building Work at the time of lodging its Tender;
(ii) the Tenderer and its Related Entities are not covered by an Enterprise Agreement that does
not meet the requirements of section 11 of the Building Code 2016;
(iii) the Tenderer is not subject to an Exclusion Sanction;
(iv) the Tenderer has not had an adverse decision, direction or order made by a court or tribunal
for a breach of the Building and Construction Industry (Improving Productivity) Act 2016
(Cth), a designated building law, work health and safety law or competition and consumer
law which has not been stayed or revoked and for which the period for compliance has
expired without it having complied with the decision, direction or order;
(v) the Tenderer will only use products in relation to the Project that comply with the relevant
Australian standards published by, or on behalf of, Standards Australia; and
(vi) if the Tender Particulars state that a Workplace Relations Management Plan is required, the
Tenderer has submitted a Workplace Relations Management Plan as part of Tender
Schedule K - Building Code 2016 for approval by the ABCC in accordance with Part 6 of
the Building Code 2016.
(b) Without limiting clause 16.4, the Tenderer acknowledges and agrees that the Commonwealth:
(i) will only enter into a contract with a Tenderer whose Workplace Relations Management
Plan (if required) has been approved by the ABCC;
(ii) will exclude the Tenderer from further consideration if at any time before a contract is
executed in relation to the Project the Commonwealth considers that it does not comply with
the essential requirements;
(iii) may exclude the Tenderer from further consideration if at any time before a contract is
executed in relation to the Project it is excluded from performing Building Work funded by
a State or Territory Government; and
(iv) may (in its absolute discretion) exclude the Tenderer from further consideration if the
Tenderer's Workplace Relations Management Plan (if required) is not approved by the
ABCC.
16.4 ABCC evidence of Tenderer eligibility under Building Code 2016
(a) In order for the Commonwealth to assess the Tenderer's eligibility to lodge a Tender for the Project, the
Tenderer must provide evidence of its eligibility to lodge a Tender, as set out in Tender Schedule K -
Building Code 2016. This evidence must establish that the Tenderer and its Related Entities are not
covered by an Enterprise Agreement that does not meet the requirements of section 11 of the Building
Code 2016 and must align with that specified by the ABCC as acceptable to establish eligibility to lodge
a Tender.
DEWPO V8.1
(b) The Tenderer acknowledges and agrees that if it does not provide the required evidence set out in
Tender Schedule K - Building Code 2016 when lodging its Tender, the Commonwealth may (in its
absolute discretion and without limiting clause 4.1(d)(iii)):
(i) decide not to evaluate the Tender; or
(ii) notify (via the Contact Officer) by email that the Commonwealth requires the Tenderer to
provide the required evidence, and such evidence must be provided by the time and date
stated in the notice in order for the Commonwealth to evaluate the Tender (failing which the
Tenderer will be deemed ineligible to lodge a Tender for the Project and its Tender will not
be evaluated).
17. INFORMATION SECURITY - DEFENCE INDUSTRY SECURITY PROGRAM AND

CONFIDENTIAL INFORMATION
(a) The Tenderer’s attention is drawn to the Commonwealth’s requirements in respect of the Defence
Industry Security Program (DISP) and Confidential Information in the Contract in Part 5.
(b) As part of its Tender, the Tenderer is requested to complete and lodge Tender Schedule H - Information
Security. The Tenderer should also note the evaluation criterion under clause 4.1(a)(vi).
(c) If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it is requested to provide any
information in Tender Schedule H - Information Security which it considers relevant to proposed joint
bid arrangements (as applicable).
18. INFORMATION SECURITY - SENSITIVE AND CLASSIFIED INFORMATION
(a) Clause 18 does not apply unless the Tender Particulars state that it applies.
(b) The Tenderer’s attention is drawn to the Commonwealth’s requirements in respect of Sensitive and
Classified Information in the Contract in Part 5. As part of its Tender, the Tenderer is requested to
complete and lodge Tender Schedule H - Information Security. The Tenderer should also note the
evaluation criterion under clause 4.1(a)(vi).
(c) If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it is requested to provide any
information in Tender Schedule H - Information Security which it considers relevant to proposed joint
bid arrangements (as applicable).
19. COMMONWEALTH POLICIES
The Commonwealth is and will be subject to a number of Commonwealth requirements and policies, which support
internal and external scrutiny of its tendering and contracting processes and the objectives of transparency,
accountability and value-for-money, including requirements to:
(a) publish details of agency agreements, Commonwealth contracts, amendments and variations to any
agreement or contract and standing offers with an estimated value of $10,000 or more on AusTender
(the Commonwealth's business opportunity website located at http://www.tenders.gov.au);
(b) report and post on the internet a list of contracts valued at $100,000 or more and identify confidentiality
requirements in accordance with the Senate Order on Department and Agency Contracts; and
(c) report and post on the internet information about its contracts in other ways pursuant to its other
reporting and disclosure obligations, including annual reporting requirements and disclosure to any
House or Committee of the Parliament of the Commonwealth of Australia.
DEWPO V8.1
20. AUSTRALIAN NATIONAL AUDIT OFFICE
(a) The Tenderer's attention is drawn to the Auditor-General Act 1997 (Cth), which provides the Auditor-
General or an authorised person with certain rights to have access to information, documents and
records.
(b) Without limiting the PDS Contractor's rights, or the Contractor's obligations or liabilities under clause
5.7 of the Conditions of Contract in Part 5, the Auditor-General or other authorised persons may be
nominated by the PDS Contractor under clause 5.7 of the Conditions of Contract in Part 5 for the
purpose of exercising their rights under the Auditor-General Act 1997 (Cth).
21. COMPLAINTS
21.1 General Complaints
If the Tenderer wishes to make a complaint in relation to this tender process:
(a) subject to paragraph (b), the Tenderer should submit the complaint in writing to the email address set
out in the Tender Particulars; or
(b) if the Tenderer has reason to believe that the complaint satisfies the requirements of the Judicial Review
Act, the Tenderer may submit the complaint under the process set out in clause 21.2.
21.2 Complaints under the Government Procurement (Judicial Review) Act 2018
(a) Clause 21.2 only applies if this tender process is a Covered Procurement for the purposes of the Judicial
Review Act.
(b) The Judicial Review Act establishes a statutory framework for suppliers to make complaints about non-
compliance with specific provisions of the Commonwealth Procurement Rules in respect of Covered
Procurements.
(c) If this clause 21.2 applies and the Tenderer has reason to believe that:
(i) the Commonwealth or an official of the Commonwealth has engaged, is engaging or is

proposing to engage in any conduct in contravention of the Relevant Commonwealth
Procurement Rules in relation to this tender process; and
(ii) the interests of the Tenderer are affected by the conduct,
the Tenderer may submit a complaint about the conduct in writing to the email address set out in the
Tender Particulars.
(d) Where requested by the Commonwealth, the Tenderer must do all things reasonably necessary to
cooperate with the Commonwealth (including providing information or answering questions) in the
investigation and attempted resolution of any complaint in respect of this tender process under this
clause 21.2.
(e) A public interest certificate under the Judicial Review Act in relation to the tender process:
(i) is in force if stated in the Tender Particulars as being in force; or
(ii) may otherwise be issued by the Commonwealth at any time during the tender process
(including after any complaint has been made by a Tenderer under this clause 21.2), in
which case the Contact Officer will notify all Tenderers of the issue of the public interest
certificate by notice:
A. if the Commonwealth is using AusTender, published on AusTender; or
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B. if the Commonwealth is not using AusTender, by email or post.
(f) Without limiting the operation of the Judicial Review Act, if a Tenderer makes a complaint under this
clause 21.2 and at the time of the complaint no public interest certificate is in force in relation to this
tender process, the Commonwealth may suspend this tender process in accordance with section 20 of the
Judicial Review Act by notice to all Tenderers:
(i) if the Commonwealth is using AusTender, published on AusTender; or
(ii) if the Commonwealth is not using AusTender, by email or post.
22. FREEDOM OF INFORMATION
(a) The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to
official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as
possible, rights to access information (generally documents) in the possession of the Commonwealth
Government, limited only by considerations for the protection of essential public interest and of the
private and business affairs of entities in respect of whom information is collected and held by
departments and public authorities.
(b) Commonwealth requirements and policies will require certain identifying details of the Contract in Part
5 to be made available to the public via the internet.
23. TENDERER'S COMMERCIAL-IN-CONFIDENCE INFORMATION
(a) Subject to paragraph (b), the Commonwealth must keep confidential any information provided to the
Commonwealth by a Tenderer after the Award Date when:
(i) a request to keep specific information confidential and the justification for keeping such
information confidential is included in a Tender by a Tenderer in Tender Schedule G -
Tenderer's Commercial-in-Confidence Information;
(ii) the Commonwealth agrees (in its absolute discretion) that such information is commercial-
in-confidence information; and
(iii) the Contact Officer notifies the Tenderer by email that the Commonwealth (in its absolute
discretion) agrees, including the terms of any agreement under subparagraph (ii),
(Commercial-in-Confidence Information).
(b) The Commonwealth's obligation under paragraph (a) does not apply if the Commercial-in-Confidence
Information is:
(i) disclosed by the Commonwealth to its legal or other advisers, or to its officers, employees,
contractors or agents by virtue of or in connection with evaluation of the Tender;
(ii) disclosed by the Commonwealth to any responsible Minister or any Ministerial adviser or
assistant;
(iii) disclosed by the Commonwealth to any House or Committee of the Parliament of the
Commonwealth of Australia;
(iv) disclosed to any Commonwealth department, agency or authority by virtue of or in

connection with its functions, or statutory or portfolio responsibilities;
(v) authorised or required by law to be disclosed; or
(vi) in the public domain otherwise than due to a breach of paragraph (a).
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24. PRIVACY
(a) The Tenderer agrees, when doing any act or engaging in any practice for the purposes of lodging a
Tender under these Tender Conditions, to comply with the Australian Privacy Principles as if the
Tenderer were an agency as defined in the Privacy Act.
(b) The Tenderer acknowledges that, in addition to the requirements of this clause 24, the Tenderer may
also be obliged to comply with other obligations in relation to the handling of Personal Information,
such as the Australian Privacy Principles or other Statutory Requirements.
(c) Clause 24 survives the expiration or earlier termination of the tender process for the Contract in Part 5.
25. WORKPLACE GENDER EQUALITY
The Workplace Gender Equality Act 2012 (Cth) (WGE Act) requires private sector employers of 100 or more
employees (or employers of 80 or more employees if the employer used to be covered by the WGE Act) and higher
education institutions to prepare, submit to the Workplace Gender Equality Agency and otherwise make available
(in accordance with the WGE Act) public reports in relation to gender equality indicators, and to comply with
minimum standards determined by the Workplace Gender Equality Agency within relevant time periods specified in
the WGE Act. The Australian Government has adopted a policy of not purchasing goods or services from suppliers
who do not comply with their obligations, if any, under the WGE Act.
At the Award Date, the successful Tenderer must comply with the WGE Act if it applies to the successful Tenderer.
At any time before the Award Date, the Contact Officer may (in its absolute discretion) notify the Tenderer by email
that the Commonwealth requires the Tenderer to provide to the Contact Officer by email by the time and date
specified in the notice:
(a) if the WGE Act does not apply to the Tenderer, a statutory declaration by one of its officers that the
WGE Act does not apply to the Tenderer; or
(b) if the WGE Act applies to the Tenderer, a letter or such other evidence in writing confirming that the
Tenderer is not named by the Workplace Gender Equality Agency as an employer not currently
complying with the WGE Act.
If the Tenderer has lodged its Tender on a Joint Bid Basis, it must provide this statutory declaration, letter or such
other evidence for each joint bid party (as applicable).
26. EMPLOYEE ENTITLEMENTS
The Tenderer should note that it is a requirement of the Commonwealth Procurement Rules that the Commonwealth
must not enter into a contract with a Tenderer who has a judicial decision (being a decision of any court, tribunal or
other body with authority to make a decision or determination which is binding on the Tenderer) against it (not
including a decision under appeal) relating to employee entitlements and has not paid the claim.
At the Award Date, the successful Tenderer must not:
(a) have a judicial decision against it (not including a decision under appeal) relating to employee
entitlements; and
(b) have not paid the claim.
specified in the notice a declaration in a form approved by the Commonwealth:
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(c) stating that it has not had any judicial decision against it (not including a decision under appeal) relating
to any employee entitlements which requires the entitlement to have been paid, yet which remains
unpaid at the date of the declaration; and
(d) providing details of any matter in respect of which the Tenderer is a party which is before any court,
tribunal or authority referred to under paragraph (c) and which relates to any employee related
entitlement (whether on appeal or otherwise).
If the Tenderer has lodged its Tender on a Joint Bid Basis, it must provide this declaration for each joint bid party
(as applicable).
27. DEFENCE'S SECURITY ALERT SYSTEM
The Tenderer should note that clause 17.4 of the Conditions of Contract in Part 5 requires the Contractor (and its
subcontractors) to comply with the requirements of Defence's Security Alert System:
(a) at the level set out in the Contract Particulars; and
(b) at any alternative level (or individual measure from a higher level to meet a specific threat or threats)
applicable to the Site from time to time.
28. FINANCIAL VIABILITY
28.1 Solvency Statement and Financial Information
Without limiting clauses 4.1(d) and 7, at any time before the Award Date, the Contact Officer may (in its absolute
discretion) notify the Tenderer by email that the Commonwealth requires the Tenderer to provide to the Contact
Officer (or the Independent Financial Adviser engaged by the Commonwealth and notified to the Tenderer under
clause 28.2, if specified in the request) by email by the time and date specified in the notice, any of the following
information or documents:
(a) a duly executed solvency statement in the form attached to the Contact Officer's notice;
(b) if the Tenderer is a:
(i) Public Company or a Large Proprietary Company, the following:
A. audited Annual Financial Reports for the last three financial years; and
B. the most recent audited or reviewed half yearly financial report (if the
Corporations Act 2001 (Cth) requires it to prepare such a report) if that report
postdates the latest annual financial report provided pursuant to
subsubparagraph A;
(ii) Small Proprietary Company, partnership, person or organisation not falling within the scope
of subparagraph (i) the following:
A. audited Annual Financial Reports for the last three financial years if they are
required to be prepared by law or pursuant to a contractual arrangement to
which the Tenderer is a party (and if the Tenderer does not have at least three
years of audited Annual Financial Reports, the Tenderer must provide details as
to why this is the case); or
B. if subsubparagraph A does not apply, audited or unaudited financial accounts

and records for the last three financial years (and if the Tenderer does not have
at least three years of financial accounts and records, the Tenderer must provide
details as to why this is the case); or
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(iii) foreign individual, firm, corporation or otherwise, the following:
A. audited or unaudited financial accounts and records for the last three financial
years (and if the Tenderer does not have at least three years of financial
accounts and records, the Tenderer must provide details as to why this is the
case); and
B. details of all assets and liabilities in Australia;
(c) if the Tenderer is a company and forms part of a corporate group, details of the structure of the corporate
group, including whether or not there are any deeds of cross-guarantee in place and the information
described under paragraph (a) for the ultimate holding company of the corporate group;
(d) if substantial inter-group or inter-associated company or other loans exist, the information described
under paragraph (b)(i), (b)(ii) or (b)(iii) (as applicable) for the companies or entities to which those
loans have been provided or from whom they have been obtained;
(e) details of any pending, threatened or actual litigation, arbitration or other forms of dispute resolution
involving the Tenderer;
(f) details of all securities provided by the Tenderer (including details of the type of security, the issuer of
the security, details as to whom the security has been provided, the assets secured and the amounts
secured);
(g) an outline of key management control systems (including budgetary control systems, inventory
management systems and cost estimating processes);
(h) details of any contingent liabilities;
(i) details of all finance facilities that the Tenderer has in place, including the dates upon which the
facilities expire;
(j) full contact details for its Financial Representative for the purpose of providing further financial
information and documents (including internal monthly management accounts), answering questions,
co-operating with and doing everything necessary to assist the Commonwealth, the Contact Officer and
the Independent Financial Adviser; and
(k) any additional financial information or documents specified in the notice,
for the purpose of assessing whether or not the Tenderer has the necessary financial viability to perform the
Contractor's Activities, achieve Completion of the Works and otherwise meet its obligations under the Contract in
Part 5 if it is the successful Tenderer.
(l) if the Tenderer lodged its Tender on a Joint Bid Basis, it must provide the information or documents in
clause 28.1 for each joint bid party (as applicable); and
(m) the Contact Officer may (in its absolute discretion) make a request under clause 28 to one or more
Tenderers without making such a request to all Tenderers.
28.2 Independent Financial Adviser
(a) the Commonwealth may (in its absolute discretion) engage an Independent Financial Adviser:
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(i) to assess whether or not the Tenderer has the necessary financial viability to perform the
Contractor's Activities, achieve Completion of the Works and otherwise meet its obligations
under the Contract in Part 5 if it is the successful Tenderer (including an assessment of the
information or documents provided by the Tenderer under clause 28.1 or otherwise); and
(ii) in respect of one or more Tenderers without engaging the Independent Financial Adviser in
respect of all Tenderers;
(b) the Independent Financial Adviser may (in its absolute discretion) contact the Financial Representative
nominated by the Tenderer (whether in response to a request under clause 28.1 or otherwise) directly for
the purpose of the Financial Viability Assessment; and
(c) it will ensure that its Financial Representative co-operates with and does everything necessary to assist
the Commonwealth, the Contact Officer and the Independent Financial Adviser in the Financial
Viability Assessment process including providing such further financial information and documents and
answering all such questions as the Commonwealth, the Contact Officer and the Independent Financial
Adviser may (in their absolute discretion) require for the purposes of the Financial Viability
Assessment.
If the Commonwealth engages an Independent Financial Adviser, the Contact Officer will notify the Tenderer by
email of the identity of the Independent Financial Adviser.
29. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE
29.1 Tenderer's Warranty
The Tenderer warrants that, at the time of lodging its Tender, it is not aware of any:
(a) Material Change; or
(b) Defence Strategic Interest Issue,
in relation to the Tenderer.
29.2 Notice of Material Change or Defence Strategic Interest Issue
If, at any time after lodging its Tender, the Tenderer becomes aware of any:
(a) Material Change; or
(b) Defence Strategic Interest Issue,
the Tenderer must immediately notify the Contact Officer by email, providing details of:
(c) the Material Change or Defence Strategic Interest Issue; and
(d) the steps which the Tenderer has taken (or will take) to prevent, end, avoid, mitigate, resolve or
otherwise manage the risk of any adverse effect of the Material Change or Defence Strategic Interest
Issue on the interests of the Commonwealth.
29.3 Acknowledgement, release and indemnity
Without limiting any other provision of the Tender Documents, the Tenderer:
(a) acknowledges and agrees that:
(i) the Commonwealth is proceeding with the tender process strictly on the basis of, and in
reliance upon, the warranties, obligations, releases and indemnities under clause 29; and
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(ii) without limiting any other right or remedy of the Commonwealth (under the Tender
Documents or otherwise at law or in equity), if:
A. the Tenderer:
1) notifies the Contact Officer under clause 29.2; or
2) has failed to strictly comply with clause 29; or
B. the Commonwealth otherwise considers (in its absolute discretion) that there
exists (or is likely to exist) a Material Change or Defence Strategic Interest Issue
in relation to the Tenderer,
the Commonwealth may (in its absolute discretion) do any one or more of the following:
C. notify the Tenderer by email that it is required to:
1) meet with the Commonwealth to provide further information,

documents or evidence in relation to, and otherwise clarify, the:
a) nature and extent of the Material Change or Defence

Strategic Interest Issue; and
b) steps which the Tenderer has taken (or will take) to

prevent, end, avoid, mitigate, resolve or otherwise
manage the risk of any adverse effect of the Material
Change or Defence Strategic Interest Issue on the
interests of the Commonwealth,
by the time and date specified in the notice; or
2) provide the Contact Officer by email with further information,

documents or evidence in relation to, and otherwise clarify, the:
a) nature and extent of the Material Change or Defence

Strategic Interest Issue; and
b) steps which the Tenderer has taken (or will take) to

prevent, end, avoid, mitigate, resolve or otherwise
manage the risk of any adverse effect of the Material
Change or Defence Strategic Interest Issue on the
interests of the Commonwealth,
by the time and date specified in the notice; and
D. regardless of whether or not the Commonwealth has notified the Tenderer under
subsubparagraph C:
1) notify the Tenderer by email that the Tenderer:
a) is specifically excluded from participating in the tender

process and its Tender will not be evaluated (or
continue to be evaluated); or
b) may continue to participate in the tender process,

whether with or without such conditions as the
Commonwealth thinks fit (in its absolute discretion)
including the Tenderer:
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i) implementing Separation Arrangements; or
ii) completing, duly executing and returning to

the Contact Officer by email a deed in a
form approved by the Commonwealth,
by the time and date specified in the notice; or
2) take such Material Change or Defence Strategic Interest Issue or

failure into account in any registration of interest process, tender
process or similar procurement process in connection with the
Project or any other Commonwealth project;
(b) releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or
incurred by the Tenderer or any other person or entity arising out of or in connection with the exercise
of any of the Commonwealth's absolute discretions under clause 29 or a corresponding clause in respect
of any other Tenderer; and
(c) indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered
or incurred by the Commonwealth arising out of or in connection with:
(i) a Material Change or Defence Strategic Interest Issue;
(ii) the Tenderer's failure to strictly comply with clause 29; or
(iii) the exercise of any of the Commonwealth's absolute discretions under clause 29 or a
corresponding clause in respect of any other Tenderer.
30. LOCAL INDUSTRY CAPABILITY
(a) Clause 30 does not apply unless the Tender Particulars state that they do apply.
1.1 General
(b) Local industry participation is an expected outcome of Commonwealth expenditure. This expectancy
builds on the Commonwealth Procurement Rules, which require procurement practices that do not
unfairly discriminate against Small and Medium Enterprises (SMEs) and provide appropriate
opportunities for SMEs to compete for Commonwealth funded work.
(c) A core requirement of Commonwealth procurement is for the Commonwealth to consider, in the context
of determining value for money:
(i) the benefits of doing business with competitive SMEs when specifying requirements and
evaluating value for money;
(ii) barriers to entry that may prevent SMEs for competing (for example, costly preparation of
tenders);
(iii) the capabilities of SMEs and their commitment to local or regional markets; and
(iv) the potential benefits of having a larger, more competitive supplier base.
(d) To ensure compliance with the relevant requirements in the Commonwealth Procurement Rules, the
Contractor is required to develop a Local Industry Capability Plan. The Local Industry Capability Plan
will outline the Contractor's approach to ensuring that full, fair and reasonable opportunity is afforded to
local industry in the delivery of the project.
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30.2 Local Industry Capability Plan
(a) As part of its Tender, the Tenderer is requested to prepare, complete and lodge a draft Local Industry
Participation Plan in Tender Schedule I – Local Industry Capability Plan, which includes providing
details regarding:
(i) the expected total value of the subcontracts for the project and the percentage of that value
that will be let to subcontractors from within the areas specified in item A;
(ii) the expected total number of contracts let and the percentage of those subcontracts that will
be let to subcontractors from within the areas specified in item A;
(iii) the proposed local industry participation in the development (if applicable) and delivery of
the Works in item B;
(iv) project contestability in item C; and
(v) the Tenderer's proposed approach for implementing and reporting on the Local Industry
Capability Plan in item D.
(b) The Tenderer should also note the evaluation criterion under clause 4.1(a)(vii).
(c) The successful Tenderer will be required to prepare a Local Industry Capability Plan and submit it to the
PDS Contractor after the Award Date of the Contract. The Local Industry Capability Plan must be:
(i) based on the draft Local Industry Capability Plan provided by the successful Tenderer in its
response to Tender Schedule I – Local Industry Capability Plan; and
(ii) finalised in accordance with clause 8.7 of the Conditions of Contract in Part 5.
(d) If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it is requested to provide any
information in Tender Schedule I – Local Industry Capability Plan which it considers relevant to its
proposed joint bid arrangements (as applicable).
(e) The Local Industry Capability Plan must detail the Contractor's approach to the market and intended
Australian engagement locally, regionally, state or territory wide and nationally for the project.
(f) For projects valued at $7.5 million and above, the Local Industry Capability Plan will be used by the
Commonwealth in considering the economic benefits to the Australian economy to be derived from the
project during the term of the Contract in accordance with paragraph 4.7 of the Commonwealth
Procurement Rules.
(g) During the term of the Contract:
(i) the Contractor will use the Local Industry Capability Plan to:
A. demonstrate how local Australian industry is, or will be, engaged and provided
opportunity to contribute to the delivery of Defence capability requirements;
B. provide evidence of the local and broader Australian industry commitment, in

dollar value, benefits and work package terms;
C. deliver data on the economic benefits for the Australian industry locally,
regionally, state or territory wide and nationally; and
D. indicate how these obligations will be monitored and managed during the term
of the Contract; and
(ii) the Commonwealth will use the Local Industry Capability Plan to:
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A. determine the extent of the economic benefit to the Australian economy;
B. validate engagement and commitment to opportunities for local industry

participation in the procurement or the supply chain; and
C. identify further opportunities to support and develop Australian industry.
31. INDIGENOUS PROCUREMENT POLICY
Clauses 31.1 and 31.2 apply unless the Tender Particulars state that they do not apply.
Clauses 31.3 and 31.4 do not apply unless the Tender Particulars state that they apply.
Clause 31.5 does not apply unless the Tender Particulars state that it applies.
31.1 General - Not a High Value Contract
The Tenderer's attention is drawn to the Indigenous Procurement Policy (including the mandatory minimum
requirements for the Indigenous Procurement Policy) available on the Indigenous Procurement Website. The
purpose of the Indigenous Procurement Policy is to stimulate Indigenous entrepreneurship and business
development and provide Indigenous Australians with more opportunities to participate in the economy. More
information on Indigenous Enterprises is available at http://www.supplynation.org.au and in the Indigenous
Procurement Policy.
31.2 Tenderer’s Response - Not a High Value Contract
The Tenderer is requested to describe in Tender Schedule J - Indigenous Procurement Policy its approach to
delivering:
(a) Indigenous employment; and
(b) Indigenous supplier use outcomes.
The Tenderer should also note that such information is also an evaluation criterion under clause 4.1(a)(viii)A of the
Tender Conditions.
31.3 General - High Value Contract
The Tenderer's attention is drawn to the Indigenous Procurement Policy (including the mandatory minimum
requirements for the Indigenous Procurement Policy) available on the Indigenous Procurement Website. The
purpose of the Indigenous Procurement Policy is to stimulate Indigenous entrepreneurship and business
development and provide Indigenous Australians with more opportunities to participate in the economy. More
information on Indigenous Enterprises is available at www.supplynation.org.au and in the Indigenous Procurement
Policy.
31.4 Tenderer's Response - High Value Contract
As part of its Tender, the Tenderer must complete and lodge Tender Schedule J - Indigenous Procurement Policy,
which includes:
(a) signing a Declaration of Compliance (which includes providing details of its past performance) in the
form set out in item A;
(b) providing an Indigenous Participation Plan in item B; and
(c) providing details of its past performance in item C.
The Tenderer should note that this is a minimum form and content requirement for its Tender under clause 3.1(b)
(iii) of the Tender Conditions. If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it must complete and
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lodge the information in this Tender Schedule J - Indigenous Procurement Policy for each joint bid party (as
applicable).
The Tenderer should also note the evaluation criteria under:
(d) clause 4.1(a)(viii)B.1 of the Tender Conditions; and
(e) if clause 31.5 of the Tender Conditions applies, clause 4.1(a)(viii)B.2 of the Tender Conditions.
31.5 High Value Contract and Remote Area Contract
If the Contractor's Activities or the Works will be delivered in a Remote Area, this creates an opportunity to deliver
significant Indigenous employment or Indigenous supplier use outcomes in that Remote Area.
The Tenderer should describe in its Indigenous Participation Plan how it will ensure that the Contractor's Activities
and the Works deliver significant Indigenous employment or Indigenous supplier use outcomes in the Remote Area.
More information on Remote Areas is available in section 4.4.1 of the Indigenous Procurement Policy, including
examples of options available to ensure the Contractor's Activities and the Works will deliver significant Indigenous
employment or Indigenous supplier use outcomes in the Remote Area.
The Tenderer should also note the evaluation criterion under clause 4.1(a)(viii)B.2.
32. WHS ACCREDITATION SCHEME
Clause 32 applies unless the Tender Particulars state that it does not apply.
The Tenderer's attention is drawn to the WHS Accreditation Scheme described in section 43 of the Building and
Construction Industry (Improving Productivity) Act 2016 (Cth). More information on the WHS Accreditation
Scheme is available at www.fsc.gov.au or by contacting the Federal Safety Commissioner on 1800 652 500.
Section 43(4) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) provides that the
Commonwealth must not fund WHS Accreditation Scheme Building Work unless:
(a) contracts for the WHS Accreditation Scheme Building Work will be entered into with builders who are
accredited persons; and
(b) at the time of funding, the Commonwealth takes appropriate steps to ensure that builders will be
accredited persons when they carry out the WHS Accreditation Scheme Building Work.
At the Award Date, the successful Tenderer must be fully accredited in accordance with the WHS Accreditation
Scheme.
The successful Tenderer will also be required to:
(c) comply with all conditions of accreditation under the WHS Accreditation Scheme; and
(d) maintain accreditation while the WHS Accreditation Scheme Building Work is being carried out.
The Tenderer must provide in the Tender Form at item 5 evidence of its WHS Accreditation Scheme status
(including whether it holds WHS Accreditation Scheme accreditation or is in the process of applying for such
accreditation).
If the Tenderer has lodged its Tender on a Joint Bid Basis, it must provide:
(e) details regarding which parties will carry out the WHS Accreditation Scheme Building Work;
(f) if each joint bid party will carry out WHS Accreditation Scheme Building Work, evidence of each
parties accreditation under the WHS Accreditation Scheme (including any expiry dates for such
accreditation); or
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(g) if any WHS Accreditation Scheme Building Work will be carried out by a joint bid party that has not
obtained accreditation in accordance with the WHS Accreditation Scheme, evidence that all joint bid
parties operate (or will operate) under the accredited person's work health safety management system,
including:
(i) copies of the written undertakings provided to the Federal Safety Commissioner; and
(ii) any other information as requested by the Commonwealth regarding accreditation under the
WHS Accreditation Scheme applicable to the Tenderer.
specified in the notice evidence:
(h) that it has obtained accreditation in accordance with the WHS Accreditation Scheme (including any
expiry dates for such accreditation);
(i) it has taken steps to obtain accreditation in accordance with the WHS Accreditation Scheme; or
(j) regarding any other information as requested by the Commonwealth concerning accreditation under the
WHS Accreditation Scheme applicable to the Tenderer.
33. STATEMENT OF TAX RECORD
(a) Clause 33 applies unless the Tender Particulars state that it does not apply.
(b) The Tenderer’s attention is drawn to the Black Economy Procurement Connected Policy, which imposes
obligations on the Commonwealth to obtain from tenderers satisfactory and valid STRs. More
information about the requirements arising under the Black Economy Procurement Connected Policy is
available from the Department of Treasury at https://treasury.gov.au/policy-topics/economy/black-
economy/procurement-connected-policy.
(c) As part of its Tender, the Tenderer must complete and lodge Tender Schedule L - Statement of Tax
Record, which includes:
(i) subject to subparagraph (ii), providing all of the satisfactory and valid STRs required from
the Tenderer under Tender Schedule L - Statement of Tax Record;
(ii) if the Tenderer has requested any of the STRs required under Tender Schedule L -
Statement of Tax Record but the STR has not been issued by the Australian Taxation Office
prior to the ATM Close Date and ATM Close Time, providing an STR receipt issued by the
Australian Taxation Office demonstrating that the STR was requested from the Australian
Taxation Office prior to the ATM Close Date and ATM Close Time; and
(iii) signing a Declaration in the form set out in item B.
The Tenderer should note that this is a minimum form and content requirement for its Tender under
clause 3.1(b)(iv) of the Tender Conditions.
(d) If the Tenderer provides in its response to Tender Schedule L - Statement of Tax Record an STR receipt
issued by the Australian Taxation Office demonstrating that any of the STRs required under Tender
Schedule L - Statement of Tax Record were requested from the Australian Taxation Office prior to the
ATM Close Date and ATM Close Time, then:
(i) the Tenderer must provide all of the required satisfactory and valid STRs to the Contact
Officer by email within 4 business days after the ATM Close Date and ATM Close Time;
and
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(ii) if the Tenderer does not provide all of the required satisfactory and valid STRs to the
Contact Officer by email within 4 business days after the ATM Close Date and ATM Close
Time, the Commonwealth may (in its absolute discretion) decide not to evaluate (or
continue to evaluate) the Tender.
(e) The Tenderer's attention is also drawn to the Declaration in item B of Tender Schedule L - Statement of
Tax Record, which requires the Tenderer to declare that:
(i) it has complied with the requirements in Tender Schedule L - Statement of Tax Record to
provide and attach each of the required valid and satisfactory STRs (or to provide and attach
a receipt issued by the Australian Taxation Office demonstrating that any relevant STRs
were requested from the Australian Taxation Office prior to the ATM Close Date and ATM
Close Time);
(ii) it has obtained and holds valid and satisfactory STRs for each subcontractor that it will
engage for the Contractor's Activities or the Works under a subcontract with an expected
value of over $4 million (GST inclusive), if known as at the ATM Close Date and ATM
Close Time; and
(iii) if it is the successful Tenderer, it will ensure that any subcontractor that it subsequently
engages for the Contractor's Activities or the Works under a subcontract with an expected
value of over $4 million (GST inclusive) provides it with a valid and satisfactory STR prior
to entering into the relevant subcontract.
(f) For the purposes of the Tender Documents:
(i) an STR is taken to be:
A. satisfactory if the STR states that the entity has met the conditions, as set out in
the Black Economy Procurement Connected Policy, of having a satisfactory
engagement with the Australian tax system;
B. valid if the STR has not expired as at the date on which the STR is required to
be provided or held;
(ii) business day means a day other than a Saturday, Sunday or a public holiday in the
Australian Capital Territory; and
(iii) Statement of Tax Record or STR has the meaning given in the Black Economy
Procurement Connected Policy.
34. SPECIAL CONDITIONS OF TENDER
These Tender Conditions also include any special conditions of tender specified in the Tender Particulars.
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PART 2 - TENDER PARTICULAR
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TENDER PARTICULARS
Industry briefing: Clause 2.3 DOES apply.

(Part 1, clause 2.3)
Time for industry briefing: 12:00pm – 01:00pm (AEDT time)

Industry briefing details:
(Part 1, clause 2.3(a))
Date for industry briefing: 17 August 2021
Location: Online (Teams / Skype)

Details will be provided directly to those
who have registered.
Maximum number of 1
Tenderer personnel
permitted to attend the
industry briefing:
Other information None stated

required:
Other requirements: Tenderers must register to attend the

Industry Briefing see Time and Date for
Tenderer details for industry briefing
below.
Tenderers must make themselves
familiar with the Design Documents as
well as any issued Addenda prior to the
Industry Briefing.
Time and Date for Tenderer details For all Tenderer personnel proposed to attend the industry briefing
for industry briefing: tenderers must notify the Contact Officer by email the following
(Part 1, clause 2.3(b) and 2.3(c)(v)) information to register:
Full Name, Address, Phone Number, Company Name, copy of Driver’s
License (for site meetings)
By no later than 5pm (AEST) 13 August 2021 which is the cut off for
Industry Briefing Registration.
Additional conditions for The additional conditions for participation applicable to this tender
participation: process are that the Tenderer must:
(Part 1, clause 3.1(c)(ii))
1. Complete and return the signed Disclaimer and Confidentiality
Agreement.
2. Complete and sign the Tender Form and Statutory Declaration.
The Tenderer should note that these are additional condition/s for
participation in this tender process under clause 3.1(c)(ii) of the Tender
Conditions and it is requested to lodge information in its Tender
demonstrating that it meets each additional condition for participation. If
the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it is
DEWPO V8.1
requested to lodge this information for each joint bid party (as
applicable).
Format of Tender: All files must be in unsecured PDF format to ISO 32000-1:2008 PDF
(Part 1, clause 1.1(a)(i)) 1.7 standard.
AusTender Terms and Conditions of Tender specifies
1.8.4 Late Tenders or incomplete Tender Responses; including those

with electronic files that cannot be read or decrypted, Tender Responses
which the Tendering Agency believes to potentially contain any virus,
malicious code or anything else that might compromise the integrity or
security of AusTender and/or the Tendering Agency’s ICT environment,
may be excluded from the evaluation process.
AND
Part 1, clause 3.4 (b)(ii)(C) do not contain any virus, malicious code or
any other matter or thing which might affect the integrity, useability,
security or operation of the Commonwealth's or the Contact Officer's
systems.
As such any embedded file will be excluded from the evaluation
process.
Maximum combined file size of 30 megabytes per upload (with files compressed or zipped as required).
Tender:
(Part 1, clause 3.4(a)(ii)B)
Additional Evaluation Criteria: None stated.

(Part 1, clause 4.1(b))
Building Code 2016: Clause 16 DOES apply.

(Part 1, clause 16)
Building Code 2016 - Workplace A Workplace Relations Management Plan IS NOT required if quoted
Relations Management Plan: price is less than $5,000,000 including GST.
(Part 1, clause 16.3(a)(vi) and Part 4,
A Workplace Relations Management Plan IS required if quoted price is
Tender Schedule K - Building Code
$5,000,000 including GST or above.
2016, item B)
A model WRMP can be found on the
ABCC website at:
https://www.abcc.gov.au/building-
code/contractors/tendering/workplace-
relations-management-plans-wrmp
Information Security - Sensitive and Clause 18 DOES NOT apply.

Classified Information:
(Part 1, clause 18)
Email address for submitting procurement.complaints@defence.gov.au

general complaints:
Complaints under the Judicial Email address for Not Applicable
DEWPO V8.1
Review Act: submitting complaints

(Part 1, clause 21.2) under the Judicial Review
Act:
(Part 1, clause 21.2(c))
Public interest certificate: Not Applicable

(Part 1, clause 21.2(e)(i))
Local Industry Capability : A Local Industry Capability Plan IS NOT required if quoted price is less
(Part 1, clause 30) than $7,500,000 including GST.
A Local Industry Capability Plan IS required if quoted price is more than
$7,500,000 including GST.
Indigenous Procurement Policy: Clauses 31.1 and 31.2 apply.

(Part 1, clause 31)
Indigenous Procurement Policy - Clauses 31.3 and 31.4 do not apply.

High Value Contract:
(Part 1, clause 31)
Indigenous Procurement Policy - Clause 31.5 does not apply.

Remote Area Contract
WHS Accreditation Scheme: Clause 32 DOES NOT apply if quoted price is less than $4,000,000
(Part 1, clause 32) including GST.
Clause 32 DOES apply if quoted price is $4,000,000 including GST or
above.
Statement of Tax Record
Clause 33 DOES NOT apply if quoted price is less than $4,000,000
(Part 1, clause 33)
including GST.
Clause 33 DOES apply if quoted price is $4,000,000 including GST or
above.
Special Conditions of Tender: None stated.

(Part 1, clause 34)
Contractor’s Representative
Key People:
Project Manager
(Part 4, Tender Schedule A - Workload
Contract Administrator
and Proposed Resources, item 2(c))
WHS Officer
Site Manager / Foreman
1. Site Management Plan

Outline Project Plans:
(Part 4, Tender Schedule B - Task 2. Environmental Management Plan
Appreciation and Methodology, item )
3. Quality Plan
4. Project Lifecycle and HOTO Plan / Commissioning and Handover

Plan
5. Methodology
6. Defects Liability Period Management Plan
DEWPO V8.1
Program format: Unsecured PDF to ISO 32000-1:2008 PDF 1.7 standard of a Microsoft
(Part 4, Tender Schedule D - Program, Project Version 2010 (or above) or equivalent approved by the Contact
item 1) Officer.
Adjustment for Imported Items: Item 4 of Tender Schedule M - Contract Price DOES NOT apply.
(Part 4, Tender Schedule M - Contract
Price, item 4)
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PART 3 - TENDER FORM AND STATUTORY DECLARATION
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TENDER FORM AND STATUTORY DECLARATION

It is a minimum form and content requirement for its Tender under clause 3.1(b)(ii) that the Tenderer must
complete, execute and lodge the Tender Form and Statutory Declaration with its Tender.
TENDER FORM
To: Commonwealth of Australia (Commonwealth)
By: [INSERT NAME OF TENDERER INCLUDING ABN]
1. THE OFFER
1. We tender to perform the Contractor's Activities and the Works in accordance with the Tender
Documents and the enclosed Tender Schedules.
2. We undertake, if this Tender is accepted, to immediately commence the Contractor's Activities

and to carry them out in accordance with the Tender Documents.
3. In consideration of the Commonwealth promising to pay us the sum of One Dollar ($1.00), we
agree to be bound by this Tender for the duration of the Tender Validity Period and that this
Tender may be accepted by the Commonwealth at any time before the expiration of that period.
4. The Tender will not be deemed to have been accepted unless and until the Formal Agreement set
out in Part 5 is signed by us and the Commonwealth.
5. We understand that the Commonwealth is not bound to accept the lowest or any tender it may
receive.
6. We warrant that, in preparing our Tender, we did not communicate (verbally or otherwise) or have
any arrangement or arrive at any understanding with any of the other tenderers or with any
employee of an association of which we or any of the other Tenderers are a member concerning
the Tender Documents or any aspect of the Contractor's Activities or the Works and, without
limitation, further warrant that we did not engage in:
1. any discussion or correspondence with such entities concerning the prices included in our
Tender;
2. any collusive tendering with any of the other Tenderers; or
3. any other conduct or have any other arrangement or arrive at any other understanding with
any of the other Tenderers,
which in any way reduced, or could have the effect of reducing, the competitiveness of the tender
process for the Contractor's Activities and the Works.
7. We:
1. prepared our Tender, and will enter into any contract with the Commonwealth, based on our
own investigations, interpretations, deductions, information and determinations;
2. calculated our tendered Contract Price to cover, in addition to all other obligations under the
Contract, the assumption of the risks described under clause 5 of the Tender Conditions;
3. obtained independent legal advice as to the effect of the provisions of these Tender
Conditions and the Contract in Part 5 as to the assumption by the successful Tenderer of the
risks described under clause 5 of the Tender Conditions;
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4. examined all information relevant to the risks, contingencies and other circumstances having
an effect on our Tender including (without limitation) the Information Documents, the
material contained in the Tender Documents, any relevant technical advice made available by
the Commonwealth and the terms and conditions of all Statutory Requirements;
5. examined the Site and its surroundings, conditions and characteristics and made an
appropriate allowance in our Tender for any effect on our Tender;
6. satisfied ourselves as to the correctness and sufficiency of our Tender for the Contractor's
Activities and the Works and that our tendered Contract Price covers the cost of complying
with all the Contractor's obligations under the Contract in Part 5;
7. examined all Statutory Requirements relevant to any part of the Contractor's Activities and
the Works which may restrict or inhibit the execution of any part of the Contractor's Activities
or the Works and satisfied ourselves of our capacity to perform the Contractor's Activities,
achieve Completion of the Works and otherwise meet our obligations under the Contract in
Part 5 without breaching any such Statutory Requirement;
8. understand that our failure to do all or any of the things we are deemed to have done under the
Contract in Part 5 will not relieve us of our liability to perform and complete the Contract in
accordance with its terms and conditions;
9. are aware that if selected as the Contractor we will, except as expressly contained in the
Contract in Part 5, accept total responsibility for and assume the whole risk of all increased
costs and expenses and all damages and other losses arising out of or in any way connected
with:
1. the physical conditions and characteristics of the Site and its surroundings encountered in
the execution of the Contractor's Activities and the Works; and
2. the relevance, completeness, accuracy or adequacy of any information in the Information

Documents,
and further that, except as expressly contained in the Contract in Part 5, we hereby
acknowledge that if we are the successful Tenderer we will have no entitlement whatsoever
to make any Claim for any extension of time or costs, expenses, losses, damages or other
liabilities if delayed or disrupted as a result of any of the above matters; and
10. are aware that the Commonwealth will be relying upon each of the promises, representations
and warranties given by us if we are selected as the successful Tenderer.
8. We acknowledge and agree that:
1. the entire tender process (including the process for meeting with Tenderers under clause 7 or
29.3 of the Tender Conditions, obtaining, evaluating and (if applicable) negotiating Tenders)
(Process) is being conducted solely for the benefit of the Commonwealth;
2. to the extent permitted by law:
1. without limiting the legal effect of a preferred Tenderer's obligations under any preferred
tenderer negotiation protocol required under clause 7.1(d)(ii)B of the Tender Conditions,
the Commonwealth does not intend to create any contract or other relationship under
which the Commonwealth is legally obliged to conduct the Process in any manner or at
all (whether in accordance with the terms of the Tender Documents or otherwise) and
that there is in fact no such contract or other relationship in existence;
2. there will be no procedural or substantive limitation upon the manner in which the
Commonwealth may (in its absolute discretion) conduct the Process;
DEWPO V8.1
3. the Commonwealth does not make any warranty, guarantee or representation about our
Tender, the Commonwealth's requirements for the Contractor's Activities, the Works, the
Project or the way in which it will evaluate our Tender arising out of or in connection
with anything which the Commonwealth states or does or omits to state or do in, arising
out of or in connection with any meeting under clause 7 or 29.3 of the Tender Conditions
or any industry briefing (Meeting Conduct);
4. the Commonwealth does not owe any duty of care to us in respect of any Meeting
Conduct; and
5. we did not in any way rely upon any such Meeting Conduct for the purposes of
preparing, amending or negotiating our Tender or entry into any contract with the
Commonwealth;
3. without limiting subparagraph 2.2, the Commonwealth may (in its absolute discretion) by
notice to us published on AusTender, if the Commonwealth believes (in its absolute
discretion) that it may do so in accordance with the Commonwealth Procurement Rules or the
Commonwealth is required by law to do so, vary, suspend, discontinue or terminate the
Process at any time and for any reason;
4. notwithstanding subparagraphs 1 - 3, we are submitting to the Process because we consider

that this represents a valuable commercial opportunity for us;
5. we release the Commonwealth in respect of any costs, expenses, losses, damages or liabilities
suffered or incurred arising out of or in connection with the Process, the rejection of, failure to
evaluate or failure to accept our Tender, any failure to comply with the Tender Documents,
any Meeting Conduct, any debrief, any variation or suspension of the Process or any
discontinuance or termination of the Process, except to the extent of any compensation
awarded under the Judicial Review Act;
6. the Commonwealth is proceeding with the Process strictly on the basis of, and in reliance
upon, the acknowledgements and releases set out above;
7. we indemnify the Commonwealth in respect of all costs, expenses, losses, damages and
liabilities suffered or incurred by the Commonwealth arising out of or in connection with any
breach of any acknowledgement or release given by us under this paragraph 8; and
8. we accept (without departure, qualification, amendment, limitation or exclusion) the Contract

in Part 5, except to the extent we have completed and lodged an alternative proposal in
Tender Schedule N - Alternative Proposals - Design Documents.
9. We acknowledge that each party constituting the Tenderer is bound jointly and severally by this
Tender.
10. We acknowledge and agree that:
1. we were responsible for lodging our Tender in accordance with clause 3.1(a) of the Tender
Conditions and managing all surrounding risks, including those associated with use of
AusTender and all information technology risks;
2. if our Tender does not satisfy each minimum form and content requirement specified
under clause 3.1(b) of the Tender Conditions, our Tender will be non-conforming and will not
be evaluated (or continue to be evaluated) unless the Commonwealth considers (in its
absolute discretion) that the failure to satisfy a minimum form and content requirement
was due to an unintentional error by us. If the Commonwealth considers (in its absolute
discretion) that the failure to satisfy a minimum form and content requirement may be due
to an unintentional error by us:
DEWPO V8.1
1. the Contact Officer will notify us by email that there has been a failure to satisfy a
relevant minimum form and content requirement and that it requires us to provide a
response to the Contact Officer by email by the time and date stated in the notice; and
2. the Commonwealth may (in its absolute discretion) review and accept any correction of
an unintentional error in respect of the minimum form and content requirement
provided in our response; and
3. if we do not satisfy each condition for participation specified under clause 3.1(c) of the
Tender Conditions, then our Tender will be non-conforming and will not be evaluated (or
continue to be evaluated).
11. We acknowledge and agree that, following the ATM Close Date and ATM Close Time, we will:
1. attend and participate in all meetings required by the Commonwealth; and
2. provide all information, documents, evidence or clarifications required by the Commonwealth

and the Contact Officer within the time periods and in the formats specified by the Tender
Conditions or as otherwise specified by the Commonwealth or the Contact Officer.
12. Without limiting paragraph 11, we acknowledge and agree that if the Commonwealth notifies us
by email that we are a/the preferred Tenderer, we will:
1. attend and participate in all meetings, provide all information, documents and evidence and
clarifications necessary to assist in the finalisation of the Contract for execution;
2. negotiate in good faith all issues (if any) necessary prior to finalisation of the Contract for
execution; and
3. if required by the Commonwealth, execute 3 copies of the Formal Agreement in Part 5 of the
Tender Documents on the date required by the Commonwealth.
13. We acknowledge and agree that, without limiting any right or remedy of the Commonwealth
(under the Tender Documents or otherwise at law or in equity), the Commonwealth may (in its
absolute discretion):
1. decide not to evaluate our Tender; or
2. decide to discontinue negotiations with us if we are a preferred Tenderer appointed under

clause 7.1(d),
if:
3. the Commonwealth considers (in its absolute discretion) that we do not have the necessary
financial viability to perform the Contractor's Activities, achieve Completion of the Works
and otherwise meet our obligations under the Contract in Part 5 if we are the successful
Tenderer whether as a result of financial information or documents (whether provided by the
Tenderer under clause 28 of the Tender Conditions or otherwise) and any Financial Viability
Assessment under clause 28 of the Tender Conditions or otherwise; or
4. we have:
1. failed to comply with any of our obligations in the Disclaimer and Confidentiality
Agreement or the Tender Conditions; or
2. have otherwise acted inconsistently with the tender process.
2. ADDENDA
DEWPO V8.1
We have allowed in our Tender for the requirements contained in all addenda under clause 2.2(d) of the Tender
Conditions and identify each addendum by its number and date as follows:
Number [INSERT] Dated [INSERT]
Number [INSERT] Dated [INSERT]
3. DETAILS OF TENDERER
Full Name
ABN/ACN (if applicable)
Street address (not PO Box)
Email address
Builders' registration or licence number (if Defence Vendor No (if any)

applicable)
Name of contact person
Contact person - telephone (office) Contact person - telephone (mobile)
The Tenderer is requested to provide the following details:
1. if the Tenderer is:
1. an individual, the full name and address of the individual;
2. a corporation, the full name of the corporation, the date and place of incorporation, the
address of its registered office, the address of its principal place of business and ABN;
3. a firm, the full name and address of each member of the firm, its principal place of business
and its ABN;
DEWPO V8.1
4. a trust or otherwise operating under any other fiduciary arrangements, the full name of the
trust or otherwise and full details of the trust or fiduciary arrangements (including a copy of
the trust deed and all relevant documents), its principal place of business and its ABN; or
5. otherwise operating under any other arrangement, full details of the arrangement (including
details of incorporation or otherwise) (including a copy of all relevant documents), its
principal place of business and its ABN;
2. full details concerning:
1. organisational structure (including by way of a current organisational chart or diagram);
2. any trading or business name, if different from a registered name;
3. related bodies corporate within the meaning of the Corporations Act 2001 (Cth);
4. for a foreign individual, corporation, firm, trust or otherwise, its:
1. registration, incorporation and place of business in Australia, together with the full name
and address of any Australian representative; and
2. registration, incorporation and place/s of business outside Australia together with the full
name and address of a representative; and
5. for a foreign-owned corporation, firm or otherwise, its:
1. foreign owner's registration, incorporation and place of business in Australia, together

with the full name and address of any Australian representative; and
2. foreign owner's registration, incorporation and place/s of business outside Australia,

together with the full name and address of a representative.
If the Tenderer does not have a current Defence vendor number, the Tenderer is requested to provide details of the
following (by providing a pdf copy of the Tenderer's letterhead):
3. business name (if applicable);
4. trading name (if applicable);
5. ABN (if applicable);
6. address (physical and postal);
7. contact name and number;
8. contact email address (for remittance advices); and
9. bank account details for payment (including full name of financial institution, bank account name,
bank account number and BSB number).
DEWPO V8.1
If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it is requested to provide (for each joint bid party as
applicable) the following details and information:
10. if the joint bid party is:
1. an individual, the full name and address of the individual;
2. a corporation, the full name of the corporation, the date and place of incorporation, the
address of its registered office, the address of its principal place of business and its ACN and
ABN;
3. a firm, the full name and address of each member of the firm, its principal place of business
and its ABN;
4. a trust or otherwise operating under any other fiduciary arrangements, the full name of the
trust or otherwise and full details of the trust or fiduciary arrangements (including a copy of
the trust deed and all relevant documents), its principal place of business and its ABN; or
5. otherwise operating under any other arrangement, full details of the arrangement (including
details of incorporation or otherwise) (including a copy of all relevant documents), its
principal place of business and its ABN; and
11. full details concerning:
1. organisational structure (including by way of a current organisational chart or diagram);
2. any trading or business name, if different from a registered name;
3. related bodies corporate within the meaning of the Corporations Act 2001 (Cth);
4. for a foreign individual, corporation, firm, trust or otherwise, its:
1. registration, incorporation and place of business in Australia, together with the full name
and address of any Australian representative; and
2. registration, incorporation and place/s of business outside Australia together with the full
name and address of a representative;
5. for a foreign-owned corporation, firm or otherwise, its:
1. foreign owner's registration, incorporation and place of business in Australia, together

with the full name and address of any Australian representative; and
2. foreign owner's registration, incorporation and place/s of business outside Australia,

together with the full name and address of a representative;
DEWPO V8.1
6. full details of the joint bid arrangements, including details of incorporation or otherwise, joint
venture or special purpose vehicle (including a copy of the joint venture agreement, special
purpose vehicle agreement and all relevant documents); and
7. confirmation that each party to the joint bid will be jointly and severally liable to the
Commonwealth if they are the successful Tenderer.
The Tenderer confirms that each party to the joint bid will be jointly and severally liable to the Commonwealth
if they are the successful Tenderer.
The Tenderer is requested to provide details of the basis on which the Tenderer gives the warranty under clause 29.1
of the Tender Conditions and to the extent applicable, the steps which the Tenderer has taken to prevent, and avoid,
mitigate, resolve or otherwise manage the risk of any Material Change or Defence Strategic Issue on the interests of
the Commonwealth (if applicable).
4. CPR COMPLIANCE STATEMENT
The Tenderer is requested to provide the following details.
1. The Tenderer is requested to provide a list of the Australian standards which are applicable to the
Contractor's Activities or the Works (or relevant international standard, in the absence of an
applicable Australian standard).
2. Where an Australian standard is applicable to the Contractor's Activities or the Works (as
identified in paragraph (a)), the Tenderer is requested to demonstrate its capability to meet the
applicable Australian standard.
DEWPO V8.1
3. The Tenderer is requested to provide details of its practices regarding labour regulations and
ethical employment practices, work health and safety, and dealing with environmental impacts.
4. The Tenderer is requested to outline how the Project (and the Tenderer's approach to performance
of the Contractor's Activities) may directly benefit the Australian economy.
5. EVIDENCE OF ACCREDITATION UNDER THE WHS ACCREDITATION SCHEME
1. In accordance with clause 32:
1. the Tenderer is required to provide evidence of:
1. accreditation in accordance with the WHS Accreditation Scheme (including any expiry
dates for such accreditation); or
2. the steps taken to obtain accreditation in accordance with the WHS Accreditation
Scheme.
2. for Tenders lodged on a Joint Bid Basis the Tenderer is required to provide:
1. where clause 32.1(f) applies, evidence of each parties accreditation in accordance with
the WHS Accreditation Scheme (including any expiry dates for such accreditation); or
2. where clause 32.1(g) applies, evidence:
1. that at least one party has obtained accreditation in accordance with the WHS
Accreditation Scheme (including any expiry dates for such accreditation); and
2. of the written undertakings provided under clause 32.1(g)(i).
6. DEFENCE INDUSTRY SECURITY PROGRAM
DEWPO V8.1
The Tenderer confirms that if it is the successful Tenderer it will at its cost be in a position to comply with
obligations under the Contract relating to the DISP and will be "Defence-ready" for the purposes of the DISP.
7. EXECUTION OF THE TENDER FORM AND STATUTORY DECLARATION
The Tenderer is requested to execute the Tender Form and Statutory Declaration by:
(a) having a person or persons with full authority to bind the Tenderer for the purposes of the Tender, the
Contractor's Activities and the Works execute the Tender Form and Statutory Declaration; or
1. if the Tenderer consists of more than one party, having each party execute the Tender Form and
Statutory Declaration in accordance with paragraph (a),
and provide evidence of the full authority of the person or persons executing the Tender Form and Statutory
Declaration.
[COMPLETE ONE OF THE FOLLOWING SIGNING BLOCKS, OR INSERT AS APPROPRIATE, THEN

DELETE ANY SIGNING BLOCK NOT USED]
DATED this day of 20
[S 127 OF CORPORATIONS ACT]
Executed by [INSERT NAME] in accordance with

section 127 of the Corporations Act 2001 (Cth):
Signature of director Signature of company secretary/director
Full name of director Full name of company secretary/director
[OR - AUTHORISED SIGNATORY OF COMPANY]
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Signed for and on behalf of [INSERT NAME] by its
authorised signatory in the presence of:
Signature of witness Signature of authorised signatory
Full name of witness Full name of authorised signatory
[THE TENDERER IS REQUESTED TO ENSURE THAT THE TENDER FORM IS COMPLETE,

ACCURATE, DULY EXECUTED AND VALID]
DEWPO V8.1
STATUTORY DECLARATION
Commonwealth of Australia Statutory Declaration
Statutory Declarations Act 1959 (Cth)
I, [INSERT NAME, ADDRESS AND OCCUPATION OF PERSON MAKING THE DECLARATION], make
the following declaration under the Statutory Declarations Act 1959 (Cth):
DEFINITIONS
1. In this statutory declaration:
Commonwealth means the Commonwealth of Australia;
Contractor's Activities means all tasks and things which the Tenderer would be required to do if it were the
successful Tenderer for [INSERT PROJECT NUMBER AND PROJECT NAME];
Industry Association means any organisation of building or construction contractors and includes the Master
Builders' Association and the Australian Federation of Construction Contractors;
Tenderer means [INSERT NAME, ACN AND ABN OF TENDERER, AS APPLICABLE]; and
tender price means the amount indicated by a Tenderer as being the lowest amount for which that Tenderer was
prepared to perform any of the Contractor's Activities.
PREAMBLE
2. I hold the position of [INSERT TITLE - E.G. MANAGING DIRECTOR] of the Tenderer and am
duly authorised by the Tenderer to make this declaration on its behalf.
3. I make this declaration on behalf of the Tenderer and on behalf of myself.
COLLUSIVE TENDERING
4. Neither the Tenderer nor any of its servants or agents had knowledge of the tender price of any other
Tenderer prior to the Tenderer lodging its Tender for the Contractor's Activities.
5. Neither the Tenderer nor any of its servants or agents disclosed the tender price lodged by the Tenderer
to any other Tenderer who lodged a Tender for the Contractor's Activities or to any other person or
organisation prior to the ATM Close Date and ATM Close Time.
COVER BIDDING
6. Neither the Tenderer nor any of its servants or agents provided information to any Tenderer, person or
organisation, to assist another tenderer for the Contractor's Activities to prepare a Tender known in the
building and construction industry as a "cover bid", whereby the Tenderer was of the opinion or belief
that another Tenderer did not intend to genuinely compete for the contract.
7. The Tenderer is genuinely competing for the contract for the Contractor's Activities and its Tender is not
a "cover bid".
INDUSTRY ASSOCIATION AGREEMENTS
8. Prior to the Tenderer lodging its Tender for the Contractor's Activities, neither the Tenderer nor any of
its servants or agents entered into any contract, agreement, arrangement or understanding, other than as
disclosed to the Commonwealth, that the successful Tenderer would pay any money to, or would
provide any other benefit or other financial advantage to, an Industry Association in respect of the
Tender.
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UNSUCCESSFUL TENDERERS' FEES
9. Prior to the Tenderer lodging its Tender for the Contractor's Activities, neither the Tenderer nor any of
its servants or agents entered into any contract, agreement, arrangement or understanding that the
successful Tenderer for the Contractor's Activities would pay any money, or would provide any other
benefit or other financial advantage, to or for the benefit of any other Tenderer who unsuccessfully
tendered.
I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence
under section 11 of the Statutory Declarations Act 1959 (Cth), and I believe that the statements in this declaration
are true in every particular.
Signature of declarant
Declared at [INSERT PLACE]on the [INSERT DAY] day of [INSERT MONTH] 20[INSERT YEAR]
Before me:
Signature of person before whom the declaration is made
Full name, qualification and address of person before

whom the declaration is made
Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the
punishment for which is imprisonment for a term of 4 years - see section 11 of the Statutory
Declarations Act 1959 (Cth).
Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 - see
section 5A of the Statutory Declarations Act 1959 (Cth).
A list of "Prescribed Persons" (witnesses) for the purposes of the Statutory Declarations Act 1959 (Cth) is available
at www.defence.gov.au/estatemanagement.
[THE TENDERER IS REQUESTED TO ENSURE THAT THE STATUTORY DECLARATION IS

COMPLETE, ACCURATE, DULY EXECUTED AND VALID]
DEWPO V8.1
PART 4 - TENDER SCHEDULES
DEWPO V8.1
TENDER SCHEDULE A
WORKLOAD AND PROPOSED RESOURCES

1. CURRENT AND POTENTIAL FUTURE WORKLOAD
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(i) of
the Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer is requested to
provide details of its current and potential future workload (including those contracts for which tenders have been
lodged but not yet accepted or rejected) in table format as set out below.
CURRENT WORKLOAD
PROJECT AND CLIENT AND CONTRACT PRICE CONTRACT PRICE KEY START AND KEY DISCIPLINES/
LOCATION CONTACT REMAINING COMPLETION TRADES
DETAILS DATES
POTENTIAL FUTURE WORKLOAD
PROJECT AND CLIENT AND CONTACT APPROX VALUE KEY AWARD, START KEY DISCIPLINES/
LOCATION DETAILS AND COMPLETION TRADES
DATES
The Tenderer is also requested to provide a statement:
(a) confirming that, in light of its current and potential future workload, it has the availability, capacity and
ability to perform the Contractor's Activities, achieve Completion of the Works and otherwise meet its
obligations under the Contract in Part 5 if it is the successful Tenderer:
[INSERT]; and
(b) identifying any matter, risk or thing of which it is aware or ought reasonably to be aware which may
have a material effect on its availability, capacity and ability to perform the Contractor's Activities,
achieve Completion of the Works and otherwise meet its obligations under the Contract in Part 5 if it is
the successful Tenderer:
[INSERT].
The Tenderer is permitted to provide the information requested in this item 1 of Tender Schedule A - Workload and
Proposed Resources in folded A3 or landscape format.
DEWPO V8.1
If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it is requested to provide any information in this
item 1 of Tender Schedule A - Workload and Proposed Resources which it considers relevant to proposed joint bid
arrangements (as applicable).
2. PROPOSED RESOURCES (INCLUDING CONTRACTOR'S REPRESENTATIVE,

PROJECT MANAGER AND KEY PEOPLE)
provide details of its proposed key people for the Contractor's Activities and the Works, including:
(a) the Contractor's Representative;
(b) the Project Manager; and
(c) the key people for the roles described in the Tender Particulars.
Such details include the key person’s:
(d) current and proposed future location (including identifying whether the key person is located within the
general geographical location/s of the Works). The Tenderer is also requested to provide:
1. details of how the key person will perform the relevant part of the Contractor's Activities and
the Works in the location/s of the Works; and
2. a statement confirming that the key person has the availability, capacity, ability and
qualifications / licences / accreditations / certifications / memberships of professional bodies /
associations (or similar) to perform the relevant part of the Contractor's Activities and the
Works in the location/s of the Works;
(e) current and potential future workload, capacity and availability and the extent to which the key person is
proposed to perform the relevant part of the Contractor's Activities and the Works, including the
estimated number of hours per week that they will be dedicated to the relevant part of the Contractor's
Activities and the Works (the Tenderer should assume that 37.5 hours comprises one week for this
purpose);
(f) involvement in the current and potential future projects identified in item 1 above;
(g) involvement in projects identified in Tender Schedule C – Previous Performance and other relevant
experience; and
(h) qualifications / licences / accreditations / certifications / memberships of professional bodies /

associations (or similar).
Such details should be provided in table format as set out below.
DEWPO V8.1
ROLE NAME LOCA- DETAILS STATE- CURRENT INVOLVE- INVOLVE- QUALIFIC-
TION MENT AND MENT IN MENT IN ATIONS
POTENTIAL ITEM 1 TENDER ETC
FUTURE PROJECTS SCHEDULE
WORK- C–
LOAD, PREVIOUS
CAPACITY, PERFORM-
AVAILAB- ANCE
ILITY AND PROJECTS
PROPOSED AND
INVOLVE- OTHER
MENT RELEVANT
(INCLUDING EXPER-
ESTIMATED IENCE
HOURS)
CONTRACTOR'S
REPRESENTATIV
E
PROJECT
MANAGER
CONTRACT
ADMINISTRATOR
WHS OFFICER
SITE MANAGER /
FOREMAN
[TENDERER TO
PROPOSE
ADDITIONAL
KEY PEOPLE]
The Tenderer is also requested to provide:
(i) a proposed organisational chart; and
(j) curriculum vitae for each of the Contractor's Representative, the Project Manager and each key person
for the roles specified in the Tender Particulars, which should provide details of all relevant projects in
the last 5 years and the name and telephone number of a client referee. The Tenderer is requested not to
exceed 3 pages for each curriculum vitae.
If the Tenderer has lodged a registration of interest, has been invited to lodge a tender, has lodged a tender, has been
invited to lodge a proposal (or similar) or has lodged a proposal for this Project or any other Commonwealth project
which will include or has included any of the proposed key people described above, the Tenderer is requested to
provide details of any amendments to the information provided by the Tenderer in this item 2 of Tender Schedule A
- Workload and Proposed Resources which would be proposed by the Tenderer in the event that the Tenderer is
invited to lodge a tender or proposal, selected as a preferred tenderer or the successful tenderer (or similar) for this
Project or for those projects.
[INSERT]
DEWPO V8.1
The information provided by a Tenderer in this item 2 of Tender Schedule A - Workload and Proposed Resources is
for evaluation purposes only and will not limit or affect the scope of the Contractor's Activities, the Works or the
Contract in Part 5.
The Commonwealth reserves the right to negotiate the information provided by any Tenderer in this item 2 of
Tender Schedule A - Workload and Proposed Resources with a view to amending the terms of the Contract before
entering into any Contract with the successful Tenderer.
3. PROPOSED SUBCONTRACTORS, CONSULTANTS AND MATERIAL SUPPLIERS
provide details of its proposed subcontractors, consultants and material suppliers (and their key people) for the
Contractor's Activities and the Works if it is the successful Tenderer.
Such details include the subcontractor’s, consultant’s or material supplier’s (and their key people's):
(a) current and future proposed location (including identifying whether the subcontractor, consultant or
material supplier (and its key people) is located in the general geographical location/s of the Works).
1. details of how the subcontractor, consultant or material supplier (and its key people) will
perform the relevant part of the Contractor's Activities and the Works in the location/s of the
Works; and
3. a statement confirming that the subcontractor, consultant or material supplier has (and its key
people have) the availability, capacity, ability and qualifications / licences / accreditations /
certifications / memberships of professional bodies / associations (or similar) to perform the
relevant part of the Contractor's Activities and the Works in the location/s of the Works;
(b) current and potential future workload, capacity and availability and the extent to which the
subcontractor, consultant or material supplier (and its key people) is proposed to perform the relevant
part of the Contractor's Activities and the Works, including the estimated number of hours per week to
be dedicated to the relevant part of the Contractor's Activities and the Works (the Tenderer should
assume that 37.5 hours comprises one week for this purpose);
(c) involvement in the current and potential future projects identified in item 1 above;
(d) involvement in projects identified in Tender Schedule C - Previous Performance and other relevant
experience; and
(e) qualifications / licences / accreditations / certifications / memberships of professional bodies /

associations (or similar).
Such details should be provided in table format as set out below.
[DISCIPLINE, LEGAL KEY LOCATIO DETAIL STATEME CURRENT INVOLV INVOLVE- QUALIFI
TRADE, NAME AND PEOPL N S NT AND E-MENT MENT IN C-
ITEM, ABN E POTENTIA IN ITEM TENDER ATIONS
GOODS OR L FUTURE 1 SCHEDULE ETC
MATERIAL (AND WORKLOA PROJEC C–
DESCRIPTIO OTHER D, TS PREVIOUS
N] NAMES, IF CAPACITY, PERFORM-
APPLICABL AVAILABIL ANCE
E) -ITY AND PROJECTS
PROPOSED AND
INVOLVE- OTHER
MENT RELEVANT
EXPERIEN
(INCLUDIN CE
G
DEWPO V8.1
ESTIMATE
D HOURS)
(f) a proposed organisational chart; and
(g) curriculum vitae for each key person from each subcontractor, consultant and material supplier which
should provide details of all relevant projects worked on in the last 5 years and the name and telephone
number of a client referee. The Tenderer is requested not to exceed 3 pages for each curriculum vitae.
If the Tenderer has lodged a registration of interest, has been invited to lodge a tender, has been invited to lodge a
proposal (or similar) or has lodged a proposal (or similar) for this Project or any other Commonwealth project which
will include or has included any of the proposed subcontractors, consultants and material suppliers (and the key
people) described above, the Tenderer is requested to provide details of any amendments to the information
provided by the Tenderer in this item 3 of Tender Schedule A - Workload and Proposed Resources which would be
proposed by the Tenderer in the event that the Tenderer is invited to lodge a tender or proposal, selected as a
preferred tenderer or the successful tenderer (or similar) for this Project or for those projects.
[INSERT]
The information provided by a Tenderer in this item 3 of Tender Schedule A - Workload and Proposed Resources is
for evaluation purposes only and will not limit or affect the scope of the Contractor's Activities, the Works or the
Contract in Part 5.
The Commonwealth reserves the right to negotiate the information provided by any Tenderer in this item 3 of
Tender Schedule A - Workload and Proposed Resources with a view to amending the terms of the Contract before
DEWPO V8.1
TENDER SCHEDULE B
TASK APPRECIATION AND METHODOLOGY

1. TASK APPRECIATION AND METHODOLOGY
The Tenderer's attention is drawn to the definition of Project Plans and Work Health and Safety Plan under clause
25.1 of the Conditions of Contract in Part 5 and clause 8.7 of the Conditions of Contract in Part 5.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(ii) of
the Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer is requested to prepare
and provide:
(a) a brief narrative:
1. setting out its understanding of the nature and scope of the Contractor's Activities and the
Works including any applicable Australian or international standards; and
4. describing its understanding of specific problems which may arise in the performance of the
Contractor's Activities and the Works and any potential solutions for those problems;
(b) a brief narrative explaining its methodology for undertaking the Works; and
(c) a brief narrative explaining its methodology for undertaking the role and responsibilities of the
Contractor, including:
1. an outline of the management of the project including quality assurance, time and cost control
and co-operation and co-ordination with Other Contractors and other Persons Conducting a
Business or Undertaking (PCBUs) including Department of Defence;
2. ensuring compliance with the Smart Infrastructure Handbook, the ESD and WOL Plan Guide
and other Statutory Requirements;
3. its labour regulations and ethical employment practices, including gender equality in the
workplace and adding and retaining trainees and apprentices;
4. its practices for dealing with environmental impacts;
5. an outline Work Health and Safety Plan which includes the below; and
1. Identification of the top three work practices with High Risk Construction Work and
describe the critical controls that would be implemented for this project;
2. Explanation on how safety is managed with subcontractors during construction,

including:
1. how subcontractor safety management plans are reviewed and adapted to align with
the Tenderer’s Work Health and Safety Plan;
2. how risks identified by subcontractors are managed by the Tenderer; and
3. Identification of how non-conformances/corrective actions requests received in the last

12 months on any other projects, in particular Australian Government projects, have been
addressed and how learnings have been incorporated into the Tenderer’s Work Health
and Safety Plan and Policy.
6. an outline of any other Project Plans specified in the Tender Particulars,
DEWPO V8.1
to demonstrate that the Tenderer comprehends key issues and will implement appropriate solutions and management
strategies in performing the Contractor's Activities, achieving Completion of the Works and otherwise meeting its
obligations under the Contract in Part 5 if it is the successful Tenderer.
The Tenderer is requested to ensure that the narratives, outline Work Health and Safety Plan and outline of any other
Project Plans specified in the Tender Particulars are focused on the Contractor's Activities and the Works described
in the Contract in Part 5.
The Tenderer should note that:
(d) subject to paragraph (e), the outline Work Health and Safety Plan and the outlines of any other Project
Plans provided by the successful Tenderer will become the outline Project Plans for the purposes of
clause 8.7(a)(ii)A of the Conditions of Contract in Part 5; and
(e) the Commonwealth reserves the right to negotiate the outline Project Plans provided by the Tenderer,
with a view to amending the terms of the outline Project Plans, before entering into any Contract with
the successful Tenderer.
The Commonwealth acknowledges that the nature and extent of the narratives and outline Project Plans (in
particular, the Smart Infrastructure Handbook and ESD and WOL requirements, including any ESD and WOL Plan
and the quality requirements, including any Quality Plan) provided by the Tenderer will vary for each project and
the extent to which the delivery method and the Contract in Part 5 provides that design forms part of the Contractor's
Activities (including the preparation of design and Provisional Sum Work).
item 1 of Tender Schedule B - Task Appreciation and Methodology which it considers relevant to proposed joint bid
The Tenderer is requested to ensure that, if it proposes the preparation and finalisation of additional plans, such
plans do not address material already required to be addressed in the Project Plans required by the Contract in Part 5.
The Tenderer should also note that plans required as part of its internal governance processes may not be consistent
with or be in accordance with the Contract in Part 5.
DEWPO V8.1
TENDER SCHEDULE C
PREVIOUS PERFORMANCE
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)
(iii) of the Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer is requested
to provide details of its previous performance as follows:
1. all relevant projects carried out or completed in the 12 months prior to the ATM Close Date
and ATM Close Time; and
2. no more than the number of relevant projects for the values set out below,
in table format as set out below.
ALL RELEVANT PROJECTS TO NO MORE THAN 5 PROJECTS CARRIED OUT AND

COMPLETED IN APPROXIMATELY 12 MONTHS (BUT NO LATER THAN 24 MONTHS) PRIOR
TO THE ATM CLOSE DATE AND ATM CLOSE TIME
[PROJECT NAME, SCOPE [PROJECT NAME, SCOPE [ETC]

AND LOCATION] AND LOCATION]
CLIENT
NATURE AND EXTENT OF INVOLVEMENT OF ANY

PROPOSED RESOURCES IDENTIFIED IN TENDER
SCHEDULE A - WORKLOAD AND PROPOSED
RESOURCES
DETAILS OF NON-COMPLIANCE/S WITH QUALITY

PROCEDURE/SYSTEM/FRAMEWORK AND
RECTIFICATION OF SAME
DETAILS OF NON-COMPLIANCE/S WITH ESD/WOL

OBLIGATIONS AND RECTIFICATION OF SAME
DETAILS OF ANY WHS INCIDENTS AND STEPS

TAKEN TO ADDRESS SAME
DETAILS OF ANY ENVIRONMENTAL INCIDENTS

AND STEPS TAKEN TO ADDRESS SAME
CONTRACT PRICE (AGREED)
CONTRACT PRICE (ADJUSTED)
REASONS FOR DIFFERENCE IN CONTRACT PRICE

(AGREED) AND CONTRACT PRICE (ADJUSTED) (IF
ANY)
DATE FOR COMPLETION (AGREED)
DATE FOR COMPLETION (ADJUSTED)
DATE OF COMPLETION (ACTUAL)
NUMBER OF EXTENSION OF TIME CLAIMS AND

REASONS FOR EACH EXTENSION OF TIME
DETAILS OF CLAIMS/DISPUTES BY EITHER PARTY

OVER $50,000 (EXCLUDING PROGRESS CLAIMS)
DEWPO V8.1

DETAILS OF ANY CALLS ON SECURITY
DETAILS OF OTHER INNOVATIONS AND VALUE

ADDING INCLUDING LONG TERM BENEFITS
DETAILS OF PROBLEMS AND SOLUTIONS WHICH

RESOLVED PROBLEMS
CLIENT REFEREE - NAME AND CURRENT

TELEPHONE NUMBER
PROJECT MANAGER
PROJECT MANAGER REFEREE - NAME AND

CURRENT TELEPHONE NUMBER
NO MORE THAN 3 PROJECTS WITH A FINAL CONTRACT VALUE (EXCLUSIVE OF GST)

STRICTLY BETWEEN $2,000,000.00 - $6,000,000.00

CLIENT
NATURE AND EXTENT OF INVOLVEMENT OF ANY

PROPOSED RESOURCES IDENTIFIED IN TENDER
SCHEDULE A - WORKLOAD AND PROPOSED
RESOURCES
DETAILS OF NON-COMPLIANCE/S WITH QUALITY

PROCEDURE/SYSTEM/FRAMEWORK AND
RECTIFICATION OF SAME
DETAILS OF NON-COMPLIANCE/S WITH ESD/WOL

OBLIGATIONS AND RECTIFICATION OF SAME
DETAILS OF ANY WHS INCIDENTS AND STEPS

TAKEN TO ADDRESS SAME
DETAILS OF ANY ENVIRONMENTAL INCIDENTS

AND STEPS TAKEN TO ADDRESS SAME
CONTRACT PRICE (AGREED)
CONTRACT PRICE (ADJUSTED)
REASONS FOR DIFFERENCE IN CONTRACT PRICE

(AGREED) AND CONTRACT PRICE (ADJUSTED) (IF
ANY)
DATE FOR COMPLETION (AGREED)
DATE FOR COMPLETION (ADJUSTED)
DATE OF COMPLETION (ACTUAL)
NUMBER OF EXTENSION OF TIME CLAIMS AND

REASONS FOR EACH EXTENSION OF TIME
DETAILS OF CLAIMS/DISPUTES BY EITHER PARTY

OVER $50,000 (EXCLUDING PROGRESS CLAIMS)
DEWPO V8.1

DETAILS OF ANY CALLS ON SECURITY
DETAILS OF OTHER INNOVATIONS AND VALUE

ADDING INCLUDING LONG TERM BENEFITS
DETAILS OF PROBLEMS AND SOLUTIONS WHICH

RESOLVED PROBLEMS
CLIENT REFEREE - NAME AND CURRENT

TELEPHONE NUMBER
PROJECT MANAGER
PROJECT MANAGER REFEREE - NAME AND

CURRENT TELEPHONE NUMBER
The Tenderer should note that the Commonwealth may (in its absolute discretion) decide not to evaluate any
material provided in excess of the number or value of projects specified above.
The Tenderer is permitted to provide the information requested in this Tender Schedule C - Previous
Performance in folded A3 or landscape format.
Tender Schedule C - Previous Performance which it considers relevant to proposed joint bid arrangements (as
applicable).
DEWPO V8.1
TENDER SCHEDULE D
PROGRAM
1. PROGRAM
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(iv)
of the Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer is requested to
provide a detailed program showing its order of work, periods for carrying out all design, documentation and
construction activities, including off-site activities and key dates.
The program should also:
(a) be based on an assumed Award Date of 15 October 2021;
(b) allow for all necessary meetings (internal and external), reviews, consents and approvals;
(c) be in a format compatible with the software specified in the Tender Particulars; and
(d) otherwise satisfy the requirements for the program described in the Contract in Part 5.
The program should be based on achieving Completion of the Works or each Section by the relevant Date for
Completion.
The Tenderer should note that the program referred to in this Tender Schedule D - Program will not form part of the
Contract but will, subject to any negotiation of that program prior to the Award Date, form the basis of the initial
program provided by the successful Tenderer under clause 9.2 of the Conditions of Contract in Part 5.
The Tenderer is permitted to provide the program referred to in item 1 of Tender Schedule D - Program in folded A3
or landscape format.
2. DATE/S FOR COMPLETION
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(iv)
provide a proposed Date for Completion (as defined in clause 25.1 of the Conditions of Contract in Part 5) which
must be no later than the "latest date for Completion" in the table below:
LATEST DATE FOR

FOR THE WORKS IS DATE FOR COMPLETION
COMPLETION
[INSERT] MONTHS AFTER THE

WITHIN 5
AWARD DATE
MONTHS AFTER THE
AWARD DATE
(including 10 weeks of
HOTO review and approval)
Note: Tenderers to allow at least 10 weeks for HOTO review and approval process.
DEWPO V8.1 70
DEWPO V8.1 71
TENDER SCHEDULE E
SECURITY AND INSURANCE DETAILS

To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(v)A
provide details of the security and insurances which it has or proposes to put in place for the purposes of the
Contract in Part 5.
Tender Schedule E - Security and Insurance Details which it considers relevant to proposed joint bid arrangements
(as applicable).
1. SECURITY(IF APPLICABLE)
If clause 3 of the Conditions of Contract in Part 5 applies, the Tenderer's attention is drawn to the definition of
"Approved Security" in clause 25.1 and clause 3 of the Conditions of Contract in Part 5.
The terms of the Approved Security (which meet the requirements of the definition "Approved Security" in clause
25.1 and in clause 3 of the Conditions of Contract) are set out in the Schedule of Collateral Documents to the
Contract in Part 5.
Are the terms of the security which the Tenderer proposes to put in place for the purpose of the Contract in Part 5
exactly the same as the Approved Security set out in the Schedule of Collateral Documents to the Contract in Part 5?
 YES  NO
1. it is a minimum form and content requirement for its Tender under clause 3.1(b)(v) of the
Tender Conditions that the Tenderer must accept (without departure, qualification,
amendment, limitation or exclusion) the Contract in Part 5, except to the extent completed
and lodged in Tender Schedule N - Alternative Proposals- Design Documents; and
2. if it does not do so, its Tender may be regarded as non-conforming and clause 3.3 of the
Tender Conditions will apply.
2. INSURANCE
The Tenderer's attention is drawn to clause 4 of the Conditions of Contract in Part 5.
Do the terms of all insurances which the Tenderer has or proposes to put in place for the purpose of the Contract
comply with all requirements in clauses 4.3 - 4.6 of the Conditions of Contract in Part 5?
 YES  NO
Do the levels of all insurances which the Tenderer has or proposes to put in place for the purpose of the Contract
comply with the levels of insurance in clauses 4.3 - 4.6 of the Conditions of Contract in Part 5?
 YES  NO
If Yes to both, the Tenderer is requested to provide details of the terms and levels of the insurances which the
Tenderer has or proposes to put in place for the purpose of clauses 4.3 - 4.6 of the Conditions of Contract in Part 5,
including as set out below:
DEWPO V8.1 72
INSURANCE INSURER RATING POLICY IS THE COVER POLICY PERIOD DEDUCT-
TYPE AND NO TENDERER IBLE
BROKER A NAMED
INSURED?
CONSTRUCTION [YES/NO] (a) $[INSERT]

RISKS
INSURANCE [IF NO, (the Contract
PROVIDE Price if no
DETAILS] amount is
specified)
(b) $[INSERT] or
[INSERT] % of
the Contract
Price to cover
the costs of
demolition and
removal of
debris
(c) $[INSERT] or
[INSERT] % of
the Contract
Price to cover
the
Commonwealth's
consultant fees
(d) $[INSERT] for

the value of
materials or
things to be
supplied by the
Commonwealth
(e) [INSERT] % of
the total of the
amounts in (a) to
(d) to cover
escalation costs.
PUBLIC YES/NO] IF WRITTEN ON

LIABILITY OCCURRENCE BASIS:
INSURANCE [IF NO,
PROVIDE $[INSERT] each and
DETAILS] every occurrence
IF WRITTEN ON
CLAIMS MADE
BASIS:
$[INSERT] per claim
$[INSERT] in aggregate
Worldwide limits:
Jurisdictional limits:
WORKERS YES/NO] Prescribed by Statutory

COMPENSATION Requirement in the State
INSURANCE [IF NO, or Territory in which the
(AND IF PROVIDE Contractor's Activities are
APPLICABLE, DETAILS] performed or the
EMPLOYERS Contractor's employees
LIABILITY perform work, are
INSURANCE) employed or normally
reside.
Relevant States and

Territories:
If the Contractor's
Activities are performed
or the Contractor's
employees perform work,
DEWPO V8.1 73
INSURANCE INSURER RATING POLICY IS THE COVER POLICY PERIOD DEDUCT-
TYPE AND NO TENDERER IBLE
BROKER A NAMED
INSURED?
are employed or normally

reside in Western
Australia or any
jurisdiction outside
Australia, Employers
Liability Insurance:
$[INSERT]
The Tenderer is also requested to provide evidence from the insurer or a reputable broker (eg certificates of currency
no more than 20 days old, current policy wordings (except where such insurances are prescribed by Statutory
Requirement) and other written advice) stating that the relevant insurance complies with clauses 4.3 - 4.6 of the
Conditions of Contract in Part 5. If the Tenderer is self-insured, such evidence may include a self-insurer's
authorisation or licence.
If No to one or both, the Tenderer is requested to provide details of the terms and levels of the insurances which the
Tenderer has or proposes to put in place for the purpose of clauses 4.3 - 4.6 of the Conditions of Contract in Part 5,
including as set out below:
INSURANCE INSURER RATING POLICY IS THE COVER POLICY DEDUCT- DETAILS

TYPE AND NO TENDERE PERIOD IBLE
BROKER RA
NAMED
INSURED?
CONSTRUCTIO [YES/NO] (a) $[INSERT]

N RISKS
INSURANCE [IF NO, (the Contract
PROVIDE Price if no
DETAILS] amount is
specified)
(b) $[INSERT] or
[INSERT] % of
the Contract
Price to cover
the costs of
demolition and
removal of
debris
(c) $[INSERT] or
[INSERT] % of
the Contract
Price to cover
the
Commonwealth'
s consultant fees
(d) $[INSERT] for

the value of
materials or
things to be
supplied by the
Commonwealth
(e) [INSERT] % of
the total of the
amounts in (a) to
(d) to cover
escalation costs.
DEWPO V8.1 74
INSURANCE INSURER RATING POLICY IS THE COVER POLICY DEDUCT- DETAILS
TYPE AND NO TENDERE PERIOD IBLE
BROKER RA
NAMED
INSURED?
PUBLIC [YES/NO] IF WRITTEN ON

LIABILITY OCCURRENCE
INSURANCE [IF NO, BASIS:
PROVIDE
DETAILS] $[INSERT] each and
every occurrence
IF WRITTEN ON
CLAIMS MADE
BASIS:
$[INSERT] per claim
$[INSERT] in aggregate
Worldwide limits:
Jurisdictional limits:
WORKERS [[YES/NO] Prescribed by Statutory

COMPENSATIO Requirement in the State
N INSURANCE [IF NO, or Territory in which the
(AND IF PROVIDE Contractor's Activities
APPLICABLE, DETAILS] are performed or the
EMPLOYERS Contractor's employees
LIABILITY perform work, are
INSURANCE) employed or normally
reside.
Relevant States and

Territories:
If the Contractor's
Activities are performed
or the Contractor's
employees perform work,
are employed or
normally reside in
Western Australia or any
jurisdiction outside
Australia, Employers
Liability Insurance:
$[INSERT]
To the extent that an insurance complies with clauses 4.3 - 4.6 of the Conditions of Contract in Part 5, the Tenderer
is also requested to provide evidence from the insurer or a reputable broker (eg certificates of currency no more than
20 days old, current policy wordings (except where such insurances are prescribed by Statutory Requirement) and
other written advice) stating that the insurance complies with clauses 4.3 - 4.6 of the Conditions of Contract in Part
5. If the Tenderer is self-insured, such evidence may include a self-insurer's authorisation or licence.
To the extent that an insurance does not comply with clauses 4.3 - 4.6 of the Conditions of Contract in Part 5, the
Tenderer is requested to provide details and evidence from the insurer or a reputable broker (eg certificates of
currency no more than 20 days old, current policy wordings (except where such insurances are prescribed by
Statutory Requirement) and other written advice explaining how and why the insurance does not comply with
clauses 4.3 - 4.6 of the Conditions of Contract in Part 5. Such details may include a mark-up of proposed changes to
clauses 4.3 - 4.6 of the Conditions of Contract in Part 5. If the Tenderer is self-insured, such evidence may include a
self-insurer's authorisation or licence.
The Commonwealth reserves the right to negotiate the insurance provided by any Tenderer in this Tender Schedule
E - Security and Insurance Details with a view to amending the Contract before entering into any Contract with the
successful Tenderer. Accordingly, any departure, qualification, amendment, limitation or exclusion to the insurance
(including any proposed departure, qualification, amendment, limitation or exclusion of clauses 4.3 - 4.6 of the
DEWPO V8.1 75
Conditions of Contract in the Contract in Part 5) that is set out by the Tenderer in this Tender Schedule E - Security
and Insurance Details is not an alternative proposal for the purpose of the Tender Conditions.
The Tenderer is requested to ensure that the information provided in the tables above is consistent with the
information otherwise provided in this Tender Schedule E - Security and Insurance Details.
DEWPO V8.1 76
TENDER SCHEDULE F
MISCELLANEOUS CONTRACT PARTICULARS

To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(v)B
provide the following information for the purposes of the Contract Particulars in Part 5.
The Commonwealth reserves the right to negotiate the information provided by any Tenderer in this Tender
Schedule F - Miscellaneous Contract Particulars with a view to amending the terms of the Contract (including the
Contract Particulars) before entering into any Contract with the successful Tenderer. The Tenderer should ensure
that the information provided in this Tender Schedule F - Miscellaneous Contract Particulars is consistent with
information given in other parts of its Tender (as applicable).
ADDRESS AND EMAIL ADDRESS FOR THE ADDRESS (NOT PO BOX):

GIVING OR SERVING OF NOTICES UPON
THE CONTRACTOR: EMAIL ADDRESS:
(CLAUSE 16.1)
ATTN:
CONTRACTOR'S EXECUTIVE
NEGOTIATOR:
(The Tenderer is requested to note that its proposed
(CLAUSE 25.1)
Executive Negotiator should not be the same person as the
Contractor's Representative nominated in Tender Schedule A
- Workload and Proposed Resources.)
DEWPO V8.1 77
TENDER SCHEDULE G
TENDERER'S COMMERCIAL-IN-CONFIDENCE
INFORMATION
The Tenderer's attention is drawn to clause 23 of the Tender Conditions and clause 20 of the Conditions of Contract
in Part 5 and the Commonwealth's policy on the identification of Commercial-in-Confidence Information (including
the requirements set out in paragraph (c).
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(v)C
of the Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer:
(a) may identify any specific information provided by the Tenderer to the Commonwealth that it wishes the
Commonwealth to keep confidential; and
(b) must provide justification, in accordance with paragraph (c), why the information identified under
paragraph (a) should be kept confidential.
The Tenderer is referred to the Commonwealth's guidance on the identification of Commercial-in-Confidence

Information available at https://www.finance.gov.au/government/procurement/commonwealth-procurement-
rules/accountability-transparency.
The Tenderer should note that the Commonwealth policy principles of transparency and accountability promote the
disclosure of contractual information to the maximum extent and that a Tenderer's information is only kept
confidential where there are sound reasons for doing so.
Schedule G - Tenderer's Commercial in Confidence Information with a view to amending the terms of the Contract
(including the Contract Particulars) before entering into any Contract with the successful Tenderer.
Without limiting the Commonwealth's absolute discretion under clause 23.1(a)(ii) of the Tender Conditions, the
Tenderer is requested to note that:
(c) information must have all of the following characteristics before it may be considered to be
Commercial-in-Confidence Information:
(i) the information to be protected must be specifically identified;
(ii) the information must be commercially sensitive and not already in the public domain;
(iii) disclosure would cause unreasonable detriment to the owner of the information or another
party; and
(iv) the information was provided with an express or implied understanding that it would remain
confidential;
(d) without limiting paragraph (c), the following types of information in, or in relation to, contracts would
generally not be considered Commercial-in-Confidence Information:
1. performance and financial guarantees;
7. indemnities;
8. the price of an individual item, or groups of items of goods or services;
9. rebate, liquidated damages and service credit clauses;
DEWPO V8.1 78
10. performance measures applicable to the Contract;
11. clauses which describe how Intellectual Property Rights are to be dealt with;
12. payment arrangements; and
13. the performance of the Contractor against the requirements of the Contract and agreed
assessment criteria; and
(e) the following types of information may (in the Commonwealth’s absolute discretion) meet the criteria of
being protected as Commercial-in-Confidence Information:
1. trade secrets;
14. proprietary information (this could be information about how a particular technical or
business solution is to be provided);
15. internal costing information or information about profit margins; and
16. pricing structures (if this information would reveal whether there was a profit or loss on the
supply of a particular good or service).
Details of any specific information that the Tenderer wishes the Commonwealth to keep confidential should be
provided in table format as set out below:
SPECIFIC INFORMATION JUSTIFICATION PERIOD OF CONFIDENTIALITY
NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE
DEWPO V8.1 79
TENDER SCHEDULE H
INFORMATION SECURITY
The Tenderer's attention is drawn to clause 17 and, if it applies, clause 18 of the Tender Conditions.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion under clause 4.1(a)(vi) of the
Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer is requested to:
1. describe its general approach to ensuring the security of Confidential Information and, if clause 18
of the Tender Conditions applies, Sensitive and Classified Information, in accordance with the
Contract in Part 5 if it is the successful Tenderer; and
2. complete the Questionnaire in item B.
Schedule H - Information Security with a view to amending the terms of the Contract before entering into any
Contract with the successful Tenderer.
Tender Schedule H - Information Security which it considers relevant to proposed joint bid arrangements (as
applicable).
A GENERAL APPROACH TO INFORMATION SECURITY
[INSERT]
B QUESTIONNAIRE
The following questions apply to EST05904 – Holsworthy Base Roads, NSW, described in the Tender
Documents:
Does the Tenderer (and any proposed Recipient) have information security procedures, policies and measures in
place that are or may be relevant to the requirements, if it is the successful Tenderer, in the Contract in Part 5 in
respect of Confidential Information and, if clause 18 of the Tender Conditions applies, Sensitive and Classified
Information?
 YES  NO
If Yes, please provide details:
[INSERT]
Has the Tenderer (and any proposed Recipient) made significant changes to any information security procedures,
policies and measures in the last 2 years that are or may be relevant to the requirements, if it is the successful
Tenderer, in the Contract in Part 5 in respect of Confidential Information and, if clause 18 of the Tender Conditions
applies, Sensitive and Classified Information?
 YES  NO
[INSERT]
Has the Tenderer (and any proposed Recipient) made significant changes to its system architecture or information
security risk profile in the last 2 years that are or may be relevant to the requirements, if it is the successful Tenderer,
DEWPO V8.1 80
in the Contract in Part 5 in respect of Confidential Information and, if clause 18 of the Tender Conditions applies,
Sensitive and Classified Information?
 YES  NO
[INSERT]
Do the Tenderer's (and any proposed Recipient's) information security procedures, policies and measures comply
with the requirements, if it is the successful Tenderer, in the Contract in Part 5 in respect of Confidential
Information and, if clause 18 of the Tender Conditions applies, Sensitive and Classified Information?
 YES  NO
If No, please provide details:
[INSERT]
If No, please provide details of the steps that the Tenderer (and any proposed Recipient) will take to
ensure compliance with these requirements before the Award Date, including timeframes:
[INSERT]
What is the Tenderer's (and any proposed Recipient's) approach to preventing, detecting, reporting on, responding to
and closing out:
new and emerging threats to information security procedures, policies and measures:
[INSERT]
observed or suspected security weaknesses/threats to information security procedures, policies and measures:
[INSERT]
information security procedures, policies and measures not operating as effectively as intended:
[INSERT]
hardware or software malfunctions:
[INSERT]
if it is the successful Tenderer, any breach of the requirements in the Contract in Part 5:
[INSERT]
in respect of Confidential Information and if clause 18 of the Tender Conditions applies, Sensitive and
Classified Information?
What is the Tenderer's (and any proposed Recipient's) approach to reporting to and consulting with the
Commonwealth in respect of any breach of the requirements, if it is the successful Tenderer, in the Contract in Part
5 in respect of Confidential Information and, if clause 18 of the Tender Conditions applies, Sensitive and Classified
Information?
[INSERT]
What is the Tenderer's (and any proposed Recipient's) approach to managing Tenderer (and any proposed Recipient)
personnel who have breached the requirements, if it is the successful Tenderer, in the Contract in Part 5 in respect of
DEWPO V8.1 81
Confidential Information and, if clause 18 of the Tender Conditions applies, Sensitive and Classified Information?
(e.g. disciplinary process, employment policies)?
[INSERT]
Has the Tenderer (and any proposed Recipient) been the subject of any notices, investigations, proceedings,
investigations, consequences or sanctions during a procurement process, in connection with any alleged or actual
breach of contract or otherwise in relation to an unauthorised disclosure of confidential, sensitive or classified
information during the past 5 years?
 YES  NO
[INSERT]
If Yes, is the Tenderer (and any proposed Recipient) fully complying with the outcomes of such
investigations, proceedings, investigations, consequences or sanctions?
 YES  NO
If No, please provide details:
[INSERT]
If clause 18 of the Tender Conditions applies, what is the Tenderer's (and any proposed Recipient's) approach to
preventing, detecting, reporting on, responding to and closing out malicious code and other Cyber Security Incidents
or Cyber Security Events (as defined in the Contract in Part 5) (e.g. countermeasures, intrusion detection strategies,
audit analysis, system integrity checking, vulnerability assessments)?
[INSERT/NOT APPLICABLE]
If clause 18 of the Tender Conditions applies, what is the Tenderer's (and any proposed Recipient's) approach to
quantifying and monitoring the types, volumes and costs of hardware and software malfunctions, malicious code
and other Cyber Security Incidents or Cyber Security Events?
[INSERT/NOT APPLICABLE]
If clause 18 of the Tender Conditions applies, has the Tenderer (and any proposed Recipient) been subject to a
hardware and software malfunction, malicious code or other Cyber Security Incidents or Cyber Security Events in
the past 5 years?
 YES  NO  NOT APPLICABLE
[INSERT].
If clause 18 of the Tender Conditions applies, does each proposed Recipient of Sensitive and Classified Information
(or any part of it) hold a current security clearance at or above the level/s specified by the Commonwealth in the
Contract in Part 5 ?
 YES  NO  NOT APPLICABLE
[INSERT]
DEWPO V8.1 82
If No, please provide details of your understanding of the clearance process and steps that the Tenderer
(and each proposed Recipient) will take to properly apply for, obtain and hold a current security
clearance at or above the level/s specified by the Commonwealth in the Contract in Part 5 if it is the
successful Tenderer, including timeframes, having regard to the information available at
https://beta.defence.gov.au/security/clearances.
[INSERT]
the above is not a comprehensive list of information security matters; and
if the Tenderer is unsure of whether any aspect of the Tenderer's (and any proposed Recipient's) current or proposed
arrangements comply, if it is the successful Tenderer, with the requirements in the Contract in Part 5 in respect of
Confidential Information and, if clause 18 of the Tender Conditions applies, Sensitive and Classified Information, it
is preferable that the relevant arrangements be noted in this Tender Schedule H - Information Security so that an
assessment can be made.
DEWPO V8.1 83
TENDER SCHEDULE I
LOCAL INDUSTRY CAPABILITY PLAN

Not Used
DEWPO V8.1 84
TENDER SCHEDULE J
INDIGENOUS PROCUREMENT POLICY

The Tenderer's attention is drawn to clauses 31, 31.1 and 31.2 of the Tender Conditions.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described in clause 4.1(a)(viii)A of
describe its approach to delivering Indigenous employment and Indigenous supplier use outcomes.
Tender Schedule J - Indigenous Procurement Policy which it considers relevant to proposed joint bid arrangements
(as applicable).
DEWPO V8.1 85
TENDER SCHEDULE K
BUILDING CODE 2016

The Tenderer's attention is drawn to clauses 3.1(c)(i), 4.1(a)(ix) and 16 of the Tender Conditions.
If clause 16 of the Tender Conditions applies, the Tenderer must complete and lodge Tender Schedule K -
Building Code 2016. If the Tenderer wishes to lodge its Tender on a Joint Bid Basis, it must complete and
lodge the information requested in this Tender Schedule K - Building Code 2016, Section A of the Declaration
of Compliance and Attachment A to the Declaration of Compliance, for each joint bid party (as applicable).
See Section B of the Declaration of Compliance below regarding instructions for provision of a Workplace
Relations Management Plan, when a Tender is submitted on a Joint Bid Basis.
[SEE CLAUSE 17.4 OF THE TENDER CONDITIONS REGARDING PROVISION OF BUILDING CODE
2016 EVIDENCE OF ELIGIBILITY TO LODGE A TENDER FOR THE PROJECT AND THE
CONSEQUENCES OF A FAILURE TO PROVIDE THIS EVIDENCE - THE ONUS IS ON THE
TENDERER TO ESTABLISH TO THE COMMONWEALTH'S SATISFACTION ITS ELIGIBILITY TO
TENDER.]
A DECLARATION OF COMPLIANCE
Declaration of Compliance with the Building Code 2016
EST05904 – Holsworthy Base Roads, NSW
[INSERT NAME OF TENDERER, ABN AND ACN, AS APPLICABLE]
The Tenderer:
(a) confirms that it and its Related Entities are eligible to perform Commonwealth Funded Building Work
at the time of lodging its Tender;
(b) confirms that it has complied with the Building Code 2016 in preparing its Tender;
(c) acknowledges that it and its Related Entities must comply with the Building Code 2016 in relation to all
Building Work described in Schedule 1 of the Building Code 2016 for which an expression of interest or
request for tender (however described) is called on or after the date that the Building Code 2016
commenced, being 2 December 2016, and, should it be the successful Tenderer, in relation to the
Commonwealth Funded Building Work that is the subject of the Project;
(d) undertakes to ensure that it and its subcontractors that it subcontracts any of the Commonwealth Funded
Building Work that is the subject of the Project to, should it be the successful Tenderer, comply with the
Building Code 2016;
(e) acknowledges the powers and functions of the ABC Commissioner and the ABCC under the Building
and Construction Industry (Improving Productivity) Act 2016 (Cth) and the Building Code 2016 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 requests for entry under section
72 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), requests to
interview any person under section 74 of the Building and Construction Industry (Improving
Productivity) Act 2016 (Cth), requests to produce records or documents under sections 74 and 77 of the
Building and Construction Industry (Improving Productivity) Act 2016 (Cth) and requests for
information concerning matters relating to the Building Code 2016 under subsection 7(c) of the Building
Code 2016;
DEWPO V8.1 86
(f) declares that where it proposes to subcontract any of the Commonwealth Funded Building Work that is
the subject of the Project, should it be the successful Tenderer, it will:
(i) not enter into a subcontract with a subcontractor who:
A. is covered by, or has Related Entities covered by, an Enterprise Agreement that
does not meet the requirements of section 11 of the Building Code 2016;
B. is subject to an Exclusion Sanction; or
C. unless approved otherwise by the ABC Commissioner, is excluded from

performing Building Work funded by a State or Territory Government; and
(ii) only enter into a subcontract where:
A. the subcontractor undertakes to only use products in relation to the Project that
comply with the relevant Australian standards published by, or on behalf of,
Standards Australia;
B. the subcontractor undertakes to comply with the Workplace Relations

Management Plan (if required) approved by the ABCC in accordance with Part
6 of the Building Code 2016 that applies to the Project;
C. the subcontractor has submitted a declaration of compliance, including the

further information outlined in the attachment to the declaration of compliance,
in the form set out in the Proforma Building Code 2016 Subcontract Provisions
(or in such other form as notified in writing by the Commonwealth);
D. the subcontract with the subcontractor contains clauses in the form set out in the
Proforma Building Code 2016 Subcontract Provisions (or in such other form as
notified in writing by the Commonwealth);
E. the subcontractor has advised, prior to entering into the subcontract with the
Tenderer, whether the subcontractor has within the preceding three year period:
1) 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 or the Migration Act 1958 (Cth); or
2) been required to pay any amounts under an adjudication certificate

(provided in accordance with a law relating to the security of
payments 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 a Building Industry Participant;
and
F. the subcontractor has agreed to update the advice referred to in subsubparagraph

E every six months for the duration of the subcontract between the Tenderer and
the subcontractor.
(g) declares that it has provided all of the further information required by Attachment A to this Declaration
of Compliance;
(h) declares that:
(i) it and its Related Entities are not covered by an Enterprise Agreement that does not meet the
requirements of section 11 of the Building Code 2016 (and it must complete question 1 of
Attachment A to this Declaration of Compliance);
DEWPO V8.1 87
(ii) it is not subject to an Exclusion Sanction;
(iii) it has not had an adverse decision, direction or order made by a court or tribunal for a breach
of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth), a
designated building law, work health and safety law or competition and consumer law
which has not been stayed or revoked and for which the period for compliance has expired
without it having complied with the decision, direction or order;
(iv) it will only use products in relation to the Project that comply with the relevant Australian
standards published by, or on behalf of, Standards Australia, should it be the successful
Tenderer; and
(v) it has provided as part of its Tender a Workplace Relations Management Plan (if required)
for approval by the ABCC in accordance with Part 6 of the Building Code 2016; and
(i) confirms that all information provided in this Tender Schedule K - Building Code 2016 is true and
correct at the time of lodging its Tender.
[INSERT DATE]
Declared and executed by [INSERT NAME] in

accordance with section 127 of the Corporations
Act 2001 (Cth):
Declared and signed for and on behalf of [INSERT

NAME] by its authorised signatory in the presence of:
[OR - INDIVIDUAL]
DEWPO V8.1 88
Declared and signed by [INSERT NAME] in the
presence of:
Signature of witness Signature
Full name of witness
[THE TENDERER MUST ENSURE THAT THE DECLARATION OF COMPLIANCE IS COMPLETE,

ACCURATE, DULY EXECUTED AND VALID]
Attachment A - Information regarding compliance with the Building Code 2016
The Tenderer must provide the following information as part of its Declaration of Compliance:
1. Does the Tenderer or its Related Entities have an Enterprise Agreement that does not meet the
requirements of section 11 of the Building Code 2016?1
 YES  NO
Please provide details:
[COMPLETE THE FOLLOWING QUESTION AND ATTACH THE REQUIRED EVIDENCE

ACCORDING TO THE TENDERER'S SITUATION, SEE CLAUSE 17.4 OF THE TENDER
CONDITIONS REGARDING PROVISION OF BUILDING CODE 2016 EVIDENCE OF
ELIGIBILITY TO LODGE A TENDER FOR THE PROJECT AND THE CONSEQUENCES OF
A FAILURE TO PROVIDE THIS EVIDENCE - THE ONUS IS ON THE TENDERER TO
ESTABLISH TO THE COMMONWEALTH'S SATISFACTION ITS ELIGIBILITY TO
TENDER]
Does the Tenderer or its Related Entities have an Enterprise Agreement made or varied (in accordance
with section 207 of the Fair Work Act 2009 (Cth)) on or after 25 April 2014 that covers the Tenderer or
its Related Entities in respect of Building Work?
 YES  NO
If Yes, the Tenderer must:
(a) attach a copy of the letter of compliance issued by the ABCC that relates to the project or
complete and attach Self-Declaration of Eligibility A (a template of which is available from
the ABCC);2 and
(b) list all Enterprise Agreements made or varied (in accordance with section 207 of the Fair
Work Act 2009 (Cth) on or after 25 April 2014 that cover the Tenderer or its Related Entities
in respect of Building Work:
NAME OF TITLE OF DATE MADE FAIR WORK DOES THE ENTITY IF NO, IS THE
1
Refer to the ABCC website for information regarding meeting the requirements of section 11 of the Building Code
2016 and the form of evidence required to demonstrate eligibility to lodge a Tender for the Project.
2
Transitional letters of compliance issued by the ABCC for Enterprise Agreements made before 2 December 2016
are no longer valid.
DEWPO V8.1 89
ENTITY ENTERPRISE OR VARIED (IN COMMISSION HAVE AN ABCC ENTITY ENTITLED
COVERED AGREEMENT ACCORDANCE REFERENCE LETTER OF TO AN EXEMPTION
BY THE THAT COVERS WITH COMPLIANCE OUTLINED IN
ENTERPRISE THE TENDERER SECTION 207 (DETERMINATION) SCHEDULE 5 OF THE
AGREEMEN OR ITS RELATED OF THE FAIR IN RELATION TO BUILDING CODE
T ENTITIES IN WORK ACT 2009 THE AGREEMENT? 2016 IN RELATION
RESPECT OF (CTH)) TO THE
BUILDING WORK ENTERPRISE
AGREEMENT?
[INSERT] [INSERT] [INSERT] [INSERT] [YES/NO] [INSERT]
If No, the Tenderer must complete and attach Self-Declaration of Eligibility A (a template of which is available
from the ABCC).
2. Is the 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
[INSERT]
3. Does the Tenderer confirm that it and its Related Entities are eligible to perform Commonwealth
Funded Building Work at the time of lodging its Tender?
 YES  NO
[INSERT]
4. Does the Tenderer positively commit to the provision of appropriate training and skills development for
its workforce, and, if so, what evidence can the 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
[INSERT]
5. How many current apprentice and trainee employees are engaged or intended to be engaged by the
Tenderer to undertake the Commonwealth Funded Building Work that is the subject of the Project?
[INSERT]
6. How many and what classes of persons that hold visas under the Migration Act 1958 (Cth) are engaged
or intended to be engaged by the Tenderer to undertake the Commonwealth Funded Building Work that
is the subject of the Project?
[INSERT]
DEWPO V8.1 90
7. Has the Tenderer within the preceding three 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 or the
Migration Act 1958 (Cth)?
 YES  NO
[INSERT]
8. Has the Tenderer or its Related Entities within the preceding three years been required to pay any
amount under an adjudication certificate (provided in accordance with a law relating to the security of
payments that are due to persons in respect of Building Work) to a Building Contractor or Building
Industry Participant?
 YES  NO
[INSERT]
9. Has the Tenderer or its Related Entities within the preceding three years owed any unsatisfied
judgement debts to a Building Contractor or Building Industry Participant?
 YES  NO
[INSERT]
10. To what extent does the Tenderer intend to use domestically sourced and manufactured building
materials to undertake the Commonwealth Funded Building Work that is the subject of the Project?
[INSERT]
11. What is the Tenderer's assessment of the whole-of-life costs of the Project?
[INSERT]
12. What does the Tenderer consider the impact on jobs will be of the Project?
[INSERT]
13. Does the Tenderer consider that the Project will contribute to skills growth?
 YES  NO
[INSERT]
DEWPO V8.1 91
B WORKPLACE RELATIONS MANAGEMENT PLAN
If the Tender Particulars state that a Workplace Relations Management Plan is required, the Tenderer must provide a
proposed Workplace Relations Management Plan which meets the requirements described in section 32 of the
Building Code 2016 (including any matters in Schedule 3 of the Building Code 2016 that the ABCC consider
necessary which may be the subject of an addendum under clause 2.2(d) of the Tender Conditions) for the approval
of the ABCC.
If the Tender Particulars state that a Workplace Relations Management Plan is required, the Workplace Relations
Management Plan should be provided as an attachment to this Tender Schedule K - Building Code 2016 capable of
issue to the ABCC in accordance with the requirements specified by the ABCC.
Where a Tender is submitted on a Joint Bid Basis, a single Workplace Relations Management Plan must be provided
with the Tenderer's response to Tender Schedule K - Building Code 2016, which relates to both joint bid parties.
The Tenderer should note that it may provide its proposed Workplace Relations Management Plan prior to the ATM
Close Date and ATM Close Time (in accordance with the administrative arrangements for Tender Schedule K -
Building Code 2016 set out at clause 3.4(b) of the Tender Conditions) to the Contact Officer via the Contact
Officer's designated email address.
If the Tenderer does provide its proposed Workplace Relations Management Plan to the Contact Officer prior to the
ATM Close Date and ATM Close Time, it must still provide its proposed Workplace Relations Management Plan
(unamended in all respects from that provided prior to the ATM Close Date and ATM Close Time) as part of this
Tender Schedule K - Building Code.
A model WRMP can be found on the ABCC website at https://www.abcc.gov.au/building-

code/contractors/tendering/workplace-relations-management-plans-wrmp.
[WORKPLACE RELATIONS MANAGEMENT PLAN (IF REQUIRED) TO BE PROVIDED AS A

SEPARATE DOCUMENT CAPABLE OF ISSUE TO THE ABCC IN ACCORDANCE WITH THE
REQUIREMENTS SPECIFIED BY THE ABCC]
DEWPO V8.1 92
Attachment B - Workplace Relations Management Plan
A Workplace Relations Management Plan IS NOT required if quoted price is less than $5,000,000 including GST.
A Workplace Relations Management Plan IS required if quoted price is $5,000,000 including GST or above,
TENDERER TO INSERT.
DEWPO V8.1 93
TENDER SCHEDULE L
STATEMENT OF TAX RECORD

The Tenderer’s attention is drawn to clause 17.17 of the Conditions of Contract in Part 5 and clause 33 of the Tender
Conditions. As noted in clause 33 of the Tender Conditions, this Tender Schedule L - Statement of Tax Record only
applies if clause 33 of the Tender Conditions applies.
The Tenderer’s attention is drawn to the Black Economy Procurement Connected Policy, which imposes obligations
on the Commonwealth to obtain from tenderers satisfactory and valid STRs. More information about the
requirements arising under the Black Economy Procurement Connected Policy is available from the Department of
Treasury at https://treasury.gov.au/policy-topics/economy/black-economy/procurement-connected-policy.
The Tenderer must complete and lodge Tender Schedule L - Statement of Tax Record. This is a minimum
form and content requirement under clause 3.1(b)(iv) of the Tender Conditions.
A. STATEMENT OF TAX RECORD
1. Subject to paragraph 2 below, the Tenderer is to provide and attach each of the valid and satisfactory
STRs referred to in the table below as applicable to the Tenderer.
If the Tenderer / first tier subcontractor (as STRs required:

the case may be) is:
a. a body corporate or natural a satisfactory and valid STR in respect of that

person body corporate or person
a. a partner acting for and on a satisfactory and valid STR:

behalf of a partnership
(i) on behalf of the partnership; and
(ii) in respect of each partner in the

partnership that will be directly involved
in the delivery of any resultant contract
or subcontract (as applicable)
b. a trustee acting in its a satisfactory and valid STR in respect of the:

capacity as trustee of a trust
(i) trustee; and
(ii) the trust
c. a joint venture participant a satisfactory and valid STR in respect of:
(i) each participant in the joint venture; and
(ii) if the operator of the joint venture is not a

participant in the joint venture, the joint
venture operator
d. a member of a Consolidated a satisfactory and valid STR in respect of:

Group
(i) the relevant member of the Consolidated
Group; and
DEWPO V8.1 94
(ii) the head company in the Consolidated

Group
e. a member of a GST Group a satisfactory and valid STR in respect of the:
(i) the GST Group member; and
(ii) the GST Group representative
2. If the Tenderer has requested any of the STRs required under paragraph 1 above but the STR has not
been issued by the Australian Taxation Office prior to the ATM Close Date and ATM Close Time, the
Tenderer must provide and attach the STR receipt issued by the Australian Taxation Office
demonstrating that the STR was requested from the Australian Taxation Office prior to the ATM Close
Date and ATM Close Time.
3. The Tenderer is requested to note that, in accordance with clause 33.1(d) of the Tender Conditions, if
the Tenderer provides and attaches in its response to Tender Schedule L - Statement of Tax Record an
STR receipt issued by the Australian Taxation Office demonstrating that any of the STRs required
under this Tender Schedule L - Statement of Tax Record were requested from the Australian Taxation
Office prior to the ATM Close Date and ATM Close Time, then:
(a) the Tenderer must provide all of the required satisfactory and valid STRs to the Contact
Officer by email within 4 business days after the ATM Close Date and ATM Close Time;
and
(b) if the Tenderer does not provide all of the required satisfactory and valid STRs to the Contact
Officer by email within 4 business days after the ATM Close Date and ATM Close Time, the
Commonwealth may (in its absolute discretion) decide not to evaluate (or continue to
evaluate) the Tender.
B. DECLARATION
EST05904 – Holsworthy Base Roads, NSW
[INSERT NAME OF TENDERER, ABN AND ACN, AS APPLICABLE] (Tenderer)
The Tenderer declares that:
1. it has complied with the requirements in item A of Tender Schedule L - Statement of Tax Record to
provide and attach:
(a) each of the valid and satisfactory STRs referred to in the table in paragraph 1 of item A as
applicable to the Tenderer; or
(c) if the Tenderer has requested any of the STRs required under paragraph 1 of item A but the
STR has not been issued by the Australian Taxation Office prior to the ATM Close Date and
ATM Close Time, each STR receipt issued by the Australian Taxation Office demonstrating
that the relevant STRs were requested from the Australian Taxation Office prior to the ATM
Close Date and ATM Close Time;
2. it has obtained and holds valid and satisfactory STRs for each subcontractor that it will engage for the
Contractor's Activities or the Works under a subcontract with an expected value of over $4 million
(GST inclusive), if known as at the ATM Close Date and ATM Close Time; and
DEWPO V8.1 95
3. if it is the successful Tenderer, it will ensure that any subcontractor that it subsequently engages for the
Contractor's Activities or the Works under a subcontract with an expected value of over $4 million
(GST inclusive) provides it with a valid and satisfactory STR prior to entering into the relevant
subcontract.
[INSERT DATE]
Declared and executed by [INSERT NAME] in

accordance with section 127 of the Corporations
Act 2001 (Cth):
Declared and signed for and on behalf of [INSERT

NAME] by its authorised signatory in the presence of:
[OR - INDIVIDUAL]
Declared and signed by [INSERT NAME] in the

presence of:
Signature of witness Signature
Full name of witness
[THESE ARE EXAMPLE EXECUTION CLAUSES ONLY. INSERT APPROPRIATE EXECUTION

CLAUSE FOR TENDERER]
[THE TENDERER MUST ENSURE THAT THE DECLARATION IS COMPLETE, ACCURATE, DULY
EXECUTED AND VALID]
DEWPO V8.1 96
TENDER SCHEDULE M
CONTRACT PRICE
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(x) of
the Tender Conditions and to assist the Commonwealth in evaluating its Tender, the Tenderer is requested to:
(a) provide the information in this Tender Schedule M - Contract Price; and
(b) lodge Tender Schedule M - Contract Price in a separate, clearly labelled file.
The Tenderer should note that all amounts are not and will not be subject to rise and fall. The Tenderer
should ensure that all amounts are GST-exclusive (see clause 11.15 of the Conditions of Contract in Part 5).
The Tenderer should also note that:
(a) it is a minimum form and content requirement for its Tender under clause 3.1(b)(v) of the Tender
Conditions that the Tenderer must accept (without departure, qualification, amendment,
limitation or exclusion) the Contract in Part 5, except to the extent completed and lodged in
Tender Schedule N - Alternative Proposals - Design Documents; and
(b) if it does not do so, its Tender may be regarded as non-conforming and clause 3.3 of the Tender
Conditions will apply.
For example, the Tenderer must ensure that any provisional sum amounts included in the Contract Price only relate
to those items identified as Provisional Sum Work (see clause 7.5 of the Conditions of Contract in Part 5).
Schedule M - Contract Price with a view to amending the terms of the Contract before entering into any Contract
with the successful Tenderer.
1. CONTRACT PRICE
LUMP SUM CONTRACT PRICE
The Tenderer should provide a lump sum Contract Price as follows:
CONTRACT PRICE: $[INSERT] (GST exclusive).
BREAKDOWN OF LUMP SUM CONTRACT PRICE
The Tenderer should provide a breakdown of the lump sum Contract Price which fully and clearly provides details
of how the lump sum Contract Price has been calculated. The breakdown should clearly itemise and identify each
amount in respect of at least the following:
1.0 PRELIMINARIES Cost (Excl GST)
1.1 Project Management and Administration including all project related [$INSERT]
meetings.
1.2 Mobilisation and demobilisation, Site Establishment (including [$INSERT]

Personnel and Constructional Plant, Site offices, Toilets, Crib room,
Storage, Fencing etc.)
DEWPO V8.1 97
1.3 Insurance and Fees [$INSERT]
1.4 Survey, service location and site set out [$INSERT]
1.5 Testing and decommissioning [$INSERT]
1.6 traffic management [$INSERT]
1.7 erosion and sediment control [$INSERT]
1.8 soil contamination testing [$INSERT]
1.9 HOTO/CHOTO and Close out Documentation (Project Documents and [$INSERT]
As-Constructed Drawings and Documents, Operation and Maintenance
Manuals)
1.10 Final clean and rubbish removal / disposal [$INSERT]
Sub-total (Excl GST) $[INSERT]
2.0 3000019229 (ANZAC ROAD PEDESTRIAN BRIDGE)
2.1 Demolition, removal and disposal works $[INSERT]
2.2 Civil works including compaction, re align existing concrete pavement, $[INSERT]
site clearing, tree removal, temporary removal, storage and reinstatement
of fence, balustrade, temporary access track, protection and
reinstatement works
Structural Works
2.3 Concrete slab and concrete abutment including subbase and $[INSERT]
reinforcement, polystyrene sheets and dowel bars
2.4 Temporary steel sheet pile $[INSERT]
2.5 reinforced concrete bored pile with steel reinforcement bars $[INSERT]
2.6 Supply, fabricate, delivery and installation of pedestrian steel footbridge $[INSERT]
2.7 Protective paintwork to the new structural steel members $[INSERT]
2.8 deck panels to the bridge structure $[INSERT]
2.9 galvanised square weave wire mesh to the bridge structure including $[INSERT]
galvanised steel frame
2.10 handrail and safety balustrade $[INSERT]
2.11 reinforced concrete retaining wall including pile caps $[INSERT]
2.12 reshaping embankment and scour protection, removal, storage, and $[INSERT]
reinstatement of existing traffic barrier
2.13 pedestrian walkway including subbase and surface finish $[INSERT]
Subtotal (Excl. GST) $[INSERT]
3.0 0382-A_ROAD-1 (ARTILLERY ROAD REMEDIATION)
3.1 Removal and disposal of asphalt $[INSERT]
3.2 Removal and disposal of subbase and traffic guardrail $[INSERT]
DEWPO V8.1 98
Civil Works
3.3 General earthworks – cut and fill the existing ground using excavated $[INSERT]
materials, stockpile the excavated material to designated area
3.4 Pavement 1 wearing course including tack coat $[INSERT]
3.6 Pavement 3 basecourse including compaction $[INSERT]
3.7 Pavement 3 subbase including compaction $[INSERT]
3.8 Pavement 4 reinforced concrete and granular material including $[INSERT]

compaction
3.9 Line marking $[INSERT]
3.10 Remove and replace precast concrete headwall $[INSERT]
3.11 Traffic guardrails to the side of the road $[INSERT]
4.0 0382-A_ROAD-6 (BEERSHEBA ROAD REMEDIATION)
4.1 Removal and disposal of asphalt and subbase $[INSERT]
Civil Works
4.2 General earthworks – cut and fill the existing ground, stockpile the $[INSERT]
excavated material to designated area
4.4 Pavement 3 wearing course including tack coat, basecourse and subbase $[INSERT]
including compaction
4.5 Pavement 4 reinforced concrete and granular material including $[INSERT]

compaction
4.6 Line marking $[INSERT]
5.0 3000022634 (CARPARK REMEDIATION)
5.1 Removal and disposal of asphalt $[INSERT]
5.2 Removal and disposal of subbase and electrical pits including making $[INSERT]
good
5.3 General earthworks – cut and fill the existing ground, stockpile the $[INSERT]
excavated material to designated area
Carpark
5.4 asphalt wearing course including tack coat $[INSERT]
DEWPO V8.1 99
5.5 basecourse including compaction $[INSERT]
5.6 Subbase and bedding including compaction $[INSERT]
5.7 Concrete pavement $[INSERT]
5.8 Linemarking $[INSERT]
5.9 Disabled parking stencil, bollard, wheel stop, concrete edge restraint $[INSERT]
5.10 concrete inlet sump pit, concrete base and wall, subsoil drainage pipe $[INSERT]
including excavation and backfill, clean existing swale drainage
5.11 Concrete protection to the existing in ground communication line $[INSERT]

including reinforced concrete and pipe lagging layer around the pipe,
precast concrete electrical pit and lid, barrier kerbs and channel
TOTAL CONTRACT PRICE (EXCL GST) $[INSERT]
The breakdown:
(a) is for evaluation purposes;
(b) will also be used, in part, for the purposes of assessing the Contractor’s entitlement, if any, under clause
7.7(d)(i)B of the Conditions of Contract in Part 5, as contemplated in clause 7.7(f)(ii) of the Conditions
of Contract in Part 5; and
(c) will not limit or affect the scope of the Contractor's Activities, the Works or the Contract in Part 5.
The Tenderer is permitted to provide the breakdown in folded A3 or landscape format.
2. TABLE OF VARIATION RATES AND PRICES
The Tenderer's attention is drawn to the definition of "Table of Variation Rates and Prices" in clause 25.1 of the
Conditions of Contract in Part 5.
Labour rates shall include all supervision, insurance, consumables, accommodation, Facilities, timekeeping and all
clerical and office work, transport about the Site, the use of all hand-operated tools or plant, labour costs for plant
operators and drivers, overhead, profit and all incidental costs incurred in performing the Works.
Plant rates shall include water, oil, fuel and consumables stores, maintenance, overheads, profit and all other things
of whatever nature required for the efficient and safe working of the plant, including but not limited to maintenance,
spare parts, service, repair and insurance.
The Unit Rates shall be deemed to include (but not limited to) the cost of all consumables, construction facilities,
professional and technical services, royalties, Taxes (excluding Indirect Transaction Taxes), charges, transport,
equipment, labour, overhead, profit and all other things necessary to Perform the Works.
Labour Rates
Normal Time
Type of Labour Standby Rate $/Hour
$/Hour
DEWPO V8.1 100

Project manager $ [INSERT] $ [INSERT]
Construction manager $ [INSERT] $ [INSERT]
Contractor’s Representative $ [INSERT] $ [INSERT]
Contract Administrator $ [INSERT] $ [INSERT]
Site Manager $ [INSERT] $ [INSERT]

Surveyor $ [INSERT] $ [INSERT]
Engineer $ [INSERT] $ [INSERT]
Electrician $ [INSERT] $ [INSERT]
Security Escort Officer $ [INSERT] $ [INSERT]
Painter $ [INSERT] $ [INSERT]
Scaffolder $ [INSERT] $ [INSERT]
Carpenter $ [INSERT] $ [INSERT]
Surveyor $ [INSERT] $ [INSERT]
Operator $ [INSERT] $ [INSERT]
Plumber $ [INSERT] $ [INSERT]
Concreter $ [INSERT] $ [INSERT]
Welder $ [INSERT] $ [INSERT]
Tradesperson / Construction Labourer (Skilled) $ [INSERT] $ [INSERT]
Tradesperson / Construction Labourer (Unskilled) $ [INSERT] $ [INSERT]
Tenderer to Advise [any other items as required] $ [INSERT] $ [INSERT]
Construction Plant
Type of Construction Plant Unit Normal Time $/unit Standby Rate $/unit
Tip truck Hr $ [INSERT] $ [INSERT]
5t crane Hr $ [INSERT] $ [INSERT]
5t crane w/ operator Hr $ [INSERT] N/A
Grader Hr $ [INSERT] $ [INSERT]
Grader w/ operator Hr $ [INSERT] N/A
Site vehicle Hr $ [INSERT] $ [INSERT]
12t roller Hr $ [INSERT] $ [INSERT]
12t roller w/ operator Hr $ [INSERT] N/A
14t excavator Hr $ [INSERT] $ [INSERT]
14t excavator w/ operator Hr $ [INSERT] N/A
Water truck day $ [INSERT] $ [INSERT]
Tenderer to Advise [any other items as
$ [INSERT] $ [INSERT]
required]
Unit Rates
Description of Work Unit Rate $ Cost (excl. gst)

2
Removal of Friable Asbestos M $ [INSERT]
2
Removal of Asbestos containing Paint M $ [INSERT]
2
Removal of Bonded Asbestos M $ [INSERT]
2
Removal of Lead containing Paint M $ [INSERT]
Disposal of contaminated materials tonne $ [INSERT]
DEWPO V8.1 101

Disposal of construction waste tonne $ [INSERT]
All required
Maintenance During Defects Liability Period (DLP)
maintenance during $ [INSERT]
for all items /works (if requested/required)
DLP
Disposal of non contaminated soil tonne $ [INSERT]
Supply and place 200 thick subbase including $ [INSERT]
M2
compaction
Supply and place 250 thick subbase including $ [INSERT]
M2
compaction
Supply and place 45 thick AC14 wearing course $ [INSERT]
M2
including tack coat
Cut and fill M3 $ [INSERT]
Excavation M3 $ [INSERT]
Tenderer to Advise [any other items as required]
$ [INSERT]
Materials
PERCENTAGE MARKUP OVER AND ABOVE THE ACTUAL MATERIALS COST

DELIVERED TO SITE TO INCLUDE OVERHEAD AND PROFIT: ______%
Subcontractor
SUBCONTRACTOR MARK-UP OVER AND ABOVE THE ACTUAL SUBCONTRACTOR

COST TO INCLUDE OVERHEAD AND PROFIT: ______%
3. PAYMENT
The Tenderer is requested to provide an anticipated monthly cash flow for payment of the Contract Price.
[INSERT]
This cash flow is for evaluation purposes and will not limit or affect the scope of the Contractor's Activities, the
Works or the Contract in Part 5.
4. ADJUSTMENT FOR IMPORTED ITEMS
This item 4 of Tender Schedule M - Contract Price does not apply unless the Tender Particulars state that it applies.
The Tenderer's attention is drawn to clause 7.6 of the Conditions of Contract in Part 5 (if applicable).
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(x) of
the Tender Conditions and to assist the Commonwealth in evaluating its Tender, if the Tenderer's Tender is based on
the provision of any imported items, the Tenderer should provide its Tender in Australian dollars and provide the
following information for each imported item:
DETAILS OF ITEM TO BE IMPORTED NOT APPLICABLE
If the Tenderer does not provide the information required by this item 4 of Tender Schedule M - Contract Price for
any imported item(s), it will not be entitled to any adjustment to the Contract Price for exchange rate fluctuations
which impact on the imported item(s).
DEWPO V8.1 102

3. AGREED DAMAGES
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(v)D
provide agreed damages for the purposes of clause 9.6 of the Conditions of Contract in Part 5 as follows:
AGREED DAMAGES: $ [INSERT] FOR EACH DAY FOR WHICH AN

(CLAUSE 9.6) EXTENSION OF TIME IS GRANTED DUE TO A
BREACH OF CONTRACT BY THE
COMMONWEALTH
BREAKDOWN OF AGREED DAMAGES RATE:

[INSERT]
4. LIQUIDATED DAMAGES
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4(a)(v)E of
provide a capped rate for liquidated damages for the purposes of clause 13.5 of the Conditions of Contract in Part 5
as follows:
Liquidated Damages: For the Works is $350.00 per day

(Conditions of Contract Clause
13.5) Tenderer to propose capped amount. [INSERT]%
(to be no less than 10% of the Contract Price)
DEWPO V8.1 103

TENDER SCHEDULE N
ALTERNATIVE PROPOSALS - DESIGN DOCUMENTS

The Tenderer's attention is drawn to clauses 3.1(b)(v), 3.2 and 1.1(a)(i) of the Tender Conditions.
The Tenderer should also note:
(a) the evaluation criterion under clause 4.1(a)(xi) of the Tender Conditions; and
(b) that the Tenderer is requested to lodge Tender Schedule N - Alternative Proposals - Design Documents
in a separate, clearly labelled file.
The Tenderer should also note that it is a minimum form and content requirement for its Tender under
clause 3.1(b)(v) of the Tender Conditions that the Tenderer must accept (without departure, qualification,
amendment, limitation or exclusion) the Contract in Part 5, except to the extent completed and lodged in
Tender Schedule N - Alternative Proposals - Design Documents.
The Commonwealth offers the Tenderer the opportunity to provide alternative proposals in respect of the Design
Documents only in pursuit of greater value for money. The Tenderer should note that (subject to the
Commonwealth's absolute discretion under clause 3.2 of the Tender Conditions), it must lodge a conforming Tender
before an alternative proposal in respect of the Design Documents will be considered.
The Tenderer must demonstrate how an alternative proposal in respect of the Design Documents will achieve
greater value for money. The Tenderer is requested to note that providing detailed comments from insurers, brokers
and legal advice (without more information, including any effect on pricing) will be unlikely to meet this
requirement.
To assist the Tenderer to demonstrate its ability to satisfy the evaluation criterion described under clause 4.1(a)(xi)
of the Tender Conditions and to assist the Commonwealth in evaluating an alternative proposal in respect of the
Design Documents, the Tenderer must provide a brief explanation of each alternative proposal in respect of the
Design Documents and provide supporting evidence (for example, details of the alternative, technical descriptions,
costing information, program information, technical specifications, testing information, data and any other relevant
information).
The Tenderer must also clearly explain the impact that any alternative proposal in respect of the Design Documents
provided in this Tender Schedule N - Alternative Proposals - Design Documents will have on the information
provided in any other Tender Schedule lodged with its Tender. This explanation must be set out in this Tender
Schedule N - Alternative Proposals - Design Documents.
Schedule N - Alternative Proposals - Design Documents with a view to amending the terms of the Contract before
Any decision by the Commonwealth regarding any alternative proposal in respect of the Design Documents will be
final. The Tenderer lodges its Tender on the basis that it will make no, and the Commonwealth will not be liable
upon, any Claim by the Tenderer arising out of or in any way in connection with any decision by the
Commonwealth in respect of any alternative proposal in respect of the Design Documents.
DEWPO V8.1 104

DESIGN DOCUMENTS
REFERENCE ALTERNATIVE SUPPORTING EFFECT ON OTHER VALUE FOR MONEY

INFORMATION TENDER SCHEDULES (IF
ANY)
TENDER SCHEDULES
REFERENCE ALTERNATIVE SUPPORTING EFFECT ON OTHER VALUE FOR MONEY

INFORMATION TENDER SCHEDULES (IF
ANY)
DEWPO V8.1 105

Department of Defence - Estate Works Program - Medium Works Contract (EWP MEWC-1 2014) - Tender Documents
PART 5 - CONTRACT
DEWPO V8.1 106

01 EST05904 Medium Works Tender Documents

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01 EST05904 Medium Works Tender Documents

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ATM ID: EST05904

PROJECT NO: EST05904

PROJECT NAME: HOLSWORTHY BASE ROADS, NSW

ESTATE WORKS PROGRAM SUITE

PART 1 - TENDER CONDITIONS............................................................................................................................4

5. TENDERER'S DUE DILIGENCE........................................................................................................16

TENDER SCHEDULE B TASK APPRECIATION AND METHODOLOGY...................................................61

1.1 AusTender, the Australian Government Tender System

AusTender Help Desk

2. INTERPRETATION OF TENDER DOCUMENTS, QUESTIONS AND

In the Tender Conditions and in the other Tender Documents:

(b) Annual Financial Report means:

(ii) the notes to the financial statements; and

(iii) otherwise at law or in equity including (without limitation):

B. in tort for negligence or otherwise, including (without limitation) negligent

(h) Contact Officer means the person specified on AusTender;

(j) Defence means the Department of Defence;

(i) protecting Australia’s national security requirements, in accordance with Commonwealth

(s) Indigenous Procurement Website means the website at www.niaa.gov.au/indigenous-

(t) Information Documents means:

(notwithstanding that AusTender describes such documents as "addenda" or "ATM Documents");

(u) Joint Bid Basis means a Tender lodged:

(i) by an incorporated or unincorporated joint venture or special purpose vehicle; or

(i) arising out of or in connection with:

(ii) which affects the truth, completeness or accuracy of:

A. if the Tenderer has lodged a Tender, the Tender; or

B. any other information, documents, evidence or clarifications provided by the

(z) Privacy Act means the Privacy Act 1988 (Cth);

(aa) Project means the project described in the Tender Documents;

(ff) Separation Arrangement means any arrangement that the Tenderer:

(i) has in place;

(ii) will put in place; or

(iii) is required to put in place under clause 29.3,

(ii) Tender Conditions means these tender conditions in Part 1;

(jj) Tender Documents means:

(i) the Tender Conditions;

(ii) the Tender Particulars in Part 2;

(iii) the Tender Form and Statutory Declaration in Part 3;

(iv) the Tender Schedules in Part 4;

(v) the Contract in Part 5;

but excludes the Information Documents;

(kk) Tender Validity Period means:

2.2 Questions and Amendments to Tender Documents

(e) In the event of a discrepancy between:

(ii) a communication by AusTender and a communication by email, the communication by

2.3 Industry Briefing

(c) The Commonwealth may (in its absolute discretion):

(i) limit or restrict the number of Tenderer personnel; or

(ii) exclude any or all Tenderer personnel from,

(iv) fails to comply with paragraph (b); or

(e) The Tenderer:

(ii) is not permitted to take:

A. photographs at the industry briefing unless specifically permitted to do so by the

(f) Without limiting any other provision of the Tender Conditions:

To lodge a conforming Tender:

(a) the Tender must be lodged:

3.2 Alternative Proposals - Design Documents only

3.3 Non-Conforming Tender

The Tenderer acknowledges and agrees that:

(b) The Tenderer is requested to: