Minor Works MW21

6 May 2024

General

• Corrections and clarifications carried out. Formatting improved for consistency.
• User guidance amended for all sections to correct the method to remove all hidden text.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 1.1. Optional clause added to describe the proposed works.
• Clause 1.2. Clause amended to include contact details for urgent responses.
• Clause 2.3. Clause amended to include for a corporate WHS management system to be required for high WHS risk projects.
• Clause 3.5. Guide notes amended to include to deal with alternative design resources to those tendered.
• Clause 4.5. Clause Dealing with Modern Slavery amended following release (in Feb. 2024) of Guidance on Reasonable Steps (GRS) by NSW Anti-slavery Commissioner with revised model tendering clauses.
• Clause 4.6. Additional clause included to clarify acceptable institutions for providing unconditional undertakings
• Clause 5.2. New clause included dealing with Site information.
• Clause 5.3. Clause amended to include option for tenderers to confirm attendance at a pre-tender meeting.
• Clause 6.5. New clause added to explain qualifications and departures and options to deal with tenderer queries.
• Clause 7.1. Schedule of Compliance for Dealing with Modern Slavery’ added in guide notes.
• Clause 7.2. Clause dealing with eTendering amended due to introduction of buy.nsw Opportunities Hub and Supplier Hub for tenderer registration and tender responses. Format for tender submissions updated.
• Clause 8.1. Options included for evaluating tender submissions for Dealing with Modern Slavery.

Tender schedules

• Schedule 1-Tender Form. References updated and section names corrected. Option 2 (schedule of rates tender) wording reformatted.
• Schedule 2. Additional optional wording included to emphasize that the total lump sum tendered includes provisional sums and provisional rate amounts, where applicable.
• Schedule 3. Additional optional wording included to emphasize that the total of schedule of rates includes provisional sums provisional rate amounts and the extended total for rate items, where applicable.
• Schedule 5. Application of GST to rates clarified.
• Schedule 7. Inclusions in pricing for optional additional work clarified.
• Schedule 8. Instructions for response to schedule of weighted non-price criteria clarified and example provided.
• Schedule 9. Obligation added for contractor to provide equivalent resources to that tendered in schedule of design and documentation resources.
• Schedule 11. Option included to provide a QMP as evidence of the capacity to plan and manage quality.
• Schedule 13. Description of hazardous materials included.
• Schedule 19. Revised schedule of compliance for dealing with modern slavery added.

General conditions of contract

• Schedule 1. Guide notes amended to explain options and calculation of contract security.
• Schedule 2. Notes for supporting statement amended to explain anomaly with regard to reporting subcontractor payments in supporting statement form provided by OFT. Form amended.

Preliminaries

• Clause 1.3. Additional link for  obligations under DBP Act provided and legislation updated.
• Clause 1.5. New clause added dealing with contractor’s responsibility to obtain all necessary licences, authorisations, certifications, approvals and consents.
• Clause 2.3. Updated software for WAE CAD submissions and amended guidance.
• Clause 3.3. Guidance on methods of measurement simplified.
• Clause 3.4. Extra example (extra over payment for rock) provided for application of tendered rates.
• Clause 3.5. Clarification provided that provisional rates include the applicable margin.
• Clause 4.1. Requirement for a quality management plan as per QM guidelines clarified. Guide note added for quality management of steelwork.
• Clause 4.6. Clause dealing with modern slavery amended following release of GRS. Guidenotes expanded to explain due-diligence risk levels.
• Clause 5.1. New optional clause added dealing with site information that is not part of the contract.
• Clause 5.4. New optional clause added dealing with other site activities.
• Clause 5.5. Extra subclause dealing with temporary use of services included.
• Clause 5.6. Guide notes revised to clarify use of hidden-text optional clause text where a corporate WHS management system is required.
• Clause 5.8. Guide note added highlighting need for site information of any nominated hazardous substances to be included as part of the contract.
• Clause 5.12. General guide note added with reference to MW21-LG prelims. for clauses on dilapidation surveys, traffic management and signboards.
• Clause 8. Guide notes added for amendments to list of schedules
• Schedule 2. New schedule dealing with modern slavery added with revised model contract clauses. Other schedules renumbered.

Sample letters - principal (00b)

• Template letter of award updated to include all current tender schedules.
• Letter on administrative matters amended to include verification of survey marks and optional management plan for dealing with modern slavery.

14 August 2024

General

• Formatting adjustments and minor correction carried out.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Note published version dated 17 July 2024 refers.
• Clause 7.2. Clause heading changed to ‘Tenders submitted electronically’.
• Clause 7.2. Guidance and text updated to conform with ‘buy.nsw Opportunities Hub’ and ‘Supplier Hub’ for tenderer registration and tender responses.
• Clause 7.2. Reference to PBD 2024-1 included in guidance mandating use of buy.nsw Opportunities Hub by NSW Government agencies from 31 December 2024.
• Clause 7.2. Application of NSW Government ‘Global terms and conditions’ to RFT explained and terms clarified.

Preliminaries

• Clause 5.7. Before You Dig Australia (BYDA) site link inserted. Note BYDA replaces ‘dial before you dig’ service.

4 December 2025

General

• Hidden text guidance reformatted for clarity
• User guidance amended to clarify use of autofill tool.
• Corrections and clarifications carried out. Formatting improved for consistency.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clauses 2.2, 2.3, 2.4,. Links and policy titles and descriptions updated.
• Clause 3.3. Guidance for Insurance clause amended for clarity.
• Clause 4.2. Clause amended to emphasise compliance with the Supplier Code of Conduct and the NSW Industrial Relations Guidelines.
• Clause 4.6. Clause amended to reference applicable registers of acceptable institutions for providing unconditional undertakings
• Clause 7.5. Clause dealing with late tenders amended in accordance with current NSW Government Procurement Policy.
• Clause 8.1. Clause and guidance amended to clarify how optional works and mandatory alternative tenders should be dealt with.
• Clause 8.1. General evaluation criteria rearranged for clarity and consistency with corresponding GC21 clause. ‘Sustainability’ added to the listed criteria.
• Clause 8.2. Guidance added on obligations for calling tenders.
  Tender Schedules
• Schedules 1 &17. Checked correct usage of ACN & ABN as per legal advice.
• Schedule 2. Additional guidance included for use of Rate Items
• Schedule 3. Text amended to clarify that it is Tenderer’s obligation to allocate overheads and profits to Rates and lump Sums.
• Schedule 18. Clause 3(e) added to include a confirmation that no anti-competitive arrangement has occurred in the preparation of tenders.

General conditions of contract

• Clause 9.8. Clause amended for clarity with regard to any entitlement for the cost of delay.
• Clause 13.8. Clause amended to allow the principal to delete a PS or PRA item that is may not be required.
• Contract Information item 5. Guidance for naming the Principal for NSW Government Agencies updated.
• Schedule 2. Links and references changed from Fair Trading to Building Commission and revision date for Supporting Statement included.

Preliminaries

• Clause 1.3. DBPA links changed from Fair Trading to Building Commission.
• Clauses 2.2 & 5.7. Option included in guidance for the location of existing services WAE for services to be related to a coordinate system. Reference made to applicable GC21 Preliminaries clause.
• Clause 2.6 & Schedule 5. Guidance for use of Asset Data Capture Register revised.
• Clauses 3.3 & 3.4. Clauses amended to reinforce General Conditions of Contract clause 13.1 that no additional payments for overheads and profit apply to these rate items.
• Clause 3.4. Example 3.X in guidance for ‘Application of Tendered Rates’ revised for clarity.
• Clause 5.1. Guidance expanded on inclusion of documents ‘for information only’.

15 May 2026

General

• Corrections and clarifications made. Formatting improved for consistency.
• Suggestions for improvements and feedback on changes are encouraged.

Conditions of tendering

• Clause 3.3. Clause and guide notes amended for insurance to align with iCare changes to the provision of guidance and draft PAI policies for Works and Public Liability. Changes are explained in the guide notes.
• Clause 8.1. Reference to PBD-2025-05 added to guidance for subclause - Dealing with Modern Slavery.

Tender schedules

• Schedule of Compliance for Dealing with Modern Slavery. Guidance amended to clarify applicability of Schedule for all levels of due diligence. Suggested inclusions for Tenderer's submission amended.

General conditions of contract

• Clause 9.11d. Clause amended to further clarify application of Margin for deductions.
• Clause 19.2. Clause amended to require the Contractor to always issue a notice if it wants to take action due to the Principal’s default as per the clause and to avoid the re-classification of repeated breaches of non-essential contract terms.
• Contract Information item 9. Item amended to clarify that PAI policies will be made available after the Award of Contract.

Preliminaries

• Clauses 5.8, 5.9, 5.10. NSW Work, Health and Safety Regulation version reference updated to ‘2025’.
• Clause 5.8. Guidance and text added to include risks due to ‘psychosocial’ hazards in SMPs.
• Clause 5.9. Guidance added for updated risk assessments following revised WHS Regulation.