STANDARD DHSSPSNI AMENDMENTS TO GC/WORKS/2 (1998)
CONTRACT FOR BUILDING AND CIVIL ENGINEERING
GENERAL CONDITIONS MINOR WORKS
This Contract for Building & Civil Engineering Minor Works should be used by all
HSC Bodies and NIFRS taking account of the following guidance notes, model
forms and supplementary conditions
Please ensure that the footer indicating the date of publication is not
removed from the amendments should they be inserted into another
document or adapted by any party to whom this is forwarded
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
CONTENTS
SECTION 1:
GUIDANCE NOTES
SECTION 2:
MODEL FORMS INCLUDING COMPLETION OF ABSTRACT OF
PARTICULARS
SECTION 3:
SUPPLEMENTARY CONDITIONS
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SECTION 1
GUIDANCE NOTES
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
GUIDANCE NOTES
These Guidance Notes have been drafted on the assumption that the Employer
will be a HSC Trust. Minor variations may be required if the Employer is the
HSC Board, or other HSC Body, or the NIFRS.
Use of GC/Works/2 (1998) Minor Works
GC/Works/2 (1998) Minor Works is an intermediate form of contract for minor UK
building and civil engineering and demolition works, standing between the major
works GC/Works/1 (1998) forms of contract and the small works GC/Works/4 (1998).
Because GC/Works/2 (1998) Minor Works is for use when lump sum tenders are to
be invited on the basis of Specification and Drawings only, without Bills of Quantities,
with an Employer’s option to require the Contractor to prepare and submit a
schedule of rates in order to value variations ordered, its true comparator amongst
the three versions of GC/Works/1 (1998) is GC/Works/1 Without Quantities (1998).
Besides the value and complexity of the relevant works, when choosing between
GC/Works/1 Without Quantities (1998) and GC/Works/2 (1998) Minor Works it is
necessary to consider whether certain features (such as sectional completion) are
required in the relevant Contract.
DHSSPSNI recommends, as a guideline the typical values appropriate to this
contract when used for normal construction works would be a minimum of £25,000
and a maximum of £500,000. The contract should also be suitable for use in relation
to demolition works of any value. However, the choice of contract will in the end be
dictated by the procurement methodology, circumstances of the project, the inherent
difficulties of the Works and the Site, and the overall balance of risks to be covered
with regard to such matters as variations and programme changes.
Major Features

The contract is administered by the person designated as the Project
Manager (PM) by the Employer;

In accordance with Condition 1A, the parties to the contract are required to
deal fairly, in good faith and in mutual cooperation with each other;

In accordance with Condition 30, the Contractor is entitled to apply for
monthly payments, provided the application is supported by a valuation which
is to be agreed by the PM; the Contractor is paid 97 percent of the value of
the work executed on site to the satisfaction of the PM and of things
(materials) brought to site for incorporation into the works;

The 3 percent 'reserve' is held as security in respect of any defects which may
arise in the maintenance period (see Condition 19);

The PM may issue instructions to vary or further explain the works in
accordance with Condition 25. All instructions are to be confirmed in writing;
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works

Variations are valued in accordance with Condition 26 and on the basis of
either fair rates to be agreed between the Employer and the Contractor or on
the basis of the Contractor's schedule of rates if one was requested.

Condition 6 incorporate into the contract the obligations imposed by the
Construction (Design and Management) Regulations 2007;

Condition 23 provides for extensions of time to the Contractor for any matter
which are wholly beyond the control of the Contractor; for example
unforeseen ground conditioned (only if certified as such by the PM under
Condition 4);

Condition 28 allows the Contractor to receive additional funds for delay
provided he can satisfy the requirements imposed by Condition 28(1) and (3);

Under Condition 29 the Contractor has a right to interest payments at the rate
specified in the Abstract of Particulars due to the circumstances listed in
Condition 29(1);

Condition 37 introduces the Employers right to claim liquidated damages in
the event of loss being incurred due to delay by the Contractor;

Optional Condition 47 enables the Employer to require the Contractor to
maintain a Performance Bond;

Optional Condition 48 enables the Employer to require the Contractor to
provide a Parent Company Guarantee.

A separate volume is available entitled GC/Works/2 (1998) Contract for
Building and Civil Engineering Minor Works – General Conditions.

A separate volume is available entitled GC/Works/2 (1998) Contract for
Building and Civil Engineering Minor Works – Model Forms and Commentary.

Both volumes are available from the bookshop of the Chartered Institute of
Building (www.constructionbooksdirect.com).
Model Forms
There are a number of model forms for use with GC/Works/2 (1998) Minor Works
(see SECTION 2: MODEL FORMS INCLUDING COMPLETION OF ABSTRACT OF
PARTICULARS). Where any of these are used the Employer’s Design Team must
ensure that the forms are revised to incorporate all amendments and additions that
have been made to the GC/Works/2 (1998) Minor Works General Conditions.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Contract Agreement
There is no GC/Works/2 (1998) provision for a formal Contract Agreement to be
entered into. The Contract will be formed by the Contractor’s tender and the
Employer’s acceptance of the tender, without any formal Contract Agreement. Such
a Contract Agreement serves, as a matter of record, in order to avoid later disputes
about the identity of the Contract documents.
Attestation Clauses
DHSSPSNI recommends that all contracts under this form of contract are executed
as a Deed. This will require the use of an Attestation Clause. There are 3 proformas (see SECTION 2: MODEL FORMS INCLUDING COMPLETION OF
ABSTRACT OF PARTICULARS Appendix A) and the choice of pro-forma is
dependent on the legal standing of the Contractor. All 3 pro-formas must be
appended to the tender documentation. If, exceptionally, a document is executed
otherwise than as a Deed, the appropriate pro-forma must be revised. In addition to
changing the format of the Employer’s signing, all references to ‘Deed’ in the
relevant text should be replaced by ‘Agreement’.
The execution of a document as a Deed results in Northern Ireland law in a 12 year,
rather than a 6 year, limitation period for claims, for example, Employer’s claims in
relation to defects in the Works.
Certain ancillary documents, such as parent company guarantees and adjudicators’
appointments should also be executed as Deeds for technical legal reasons relating
to the doctrine of consideration.
Completion of Abstract of Particulars
The tender documentation must include a list of the amendments to the Standard
Form, ie GC/WORKS/2 (1998) MINOR WORKS including those details necessary for
completion of Abstract of Particulars and Addendum.
The tender documentation must include the following documents:
(a)
Invitation to Tender and Schedule of Drawings
(b)
Tender and Tender Price Form
(c)
Insurance Documents (Condition 5)
(d)
Adjudicator’s Appointment (Condition 42)
(e)
Preliminaries;
(f)
Abstract of Particulars and Addendum;
(g)
Supplementary Conditions;
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
(h)
Specification;
(i)
Pre-construction Phase Health and Safety Information Package; and
(j)
Other documents - list as required, e.g. Parent Company Contract
Performance Guarantee (Condition 48)
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SECTION 2
MODEL FORMS INCLUDING COMPLETION OF ABSTRACT
OF PARTICULARS
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
APPENDICES TO THE TENDER DOCUMENTATION (MODEL FORMS)
Within the Abstract of Particulars there are a number of references to various forms
that must be appended to the tender documentation. However, not all of these apply
in all cases. The following checklist can be used to prepare the appropriate set of
model forms for each Project.
The forms are listed in the order they are referred to in the Abstract of Particulars. It
is recommended that they are appended in this order.
DOCUMENTS PRESCRIBED BY THE CONTRACT
1
Abstract of Particulars and Addendum
2
Invitation to Tender and Schedule of Drawings
3
Tender and Tender Price Form
4
Insurance Documents (Condition 5)
5
Performance Bond (Condition 47)
6
Parent Company Contract Performance Guarantee (Condition 48)
7
Adjudicator’s Appointment (Condition 42)
ADMINISTRATIVE DOCUMENTS
8
Order to Proceed (Condition 21)
9
Certificate of Completion (Condition 24)
10
Maintenance Certificate (Conditions 9 and 24)
11
Project Manager’s Instruction (Condition 25)
12
Interim Payment Certificate (Conditions 31 and 32)
13
Final Payment Certificate (Conditions 31 and 32)
14
Notice of Intention to Withhold Payment (Condition 33)
15
Notice of Non-Compliance with Instruction (Condition 36)
16
Employer’s Notice of Determination (Condition 38)
17
Employer’s Notice of Intention to Refer to Adjudication (Condition 42)
18
Employer’s Notice of Referral to Adjudication (Condition 42)
Copies of each of these Model Forms are contained in the volume entitled
GC/Works/2 (1998) Contract for Building and Civil Engineering Major Works – Model
Forms and Commentary available from the bookshop of the Chartered Institute of
Building (http://www.tsoshop.co.uk/bookstore.asp?fo=1160335 ).
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 1
ABSTRACT OF PARTICULARS AND ADDENDUM
Works:
Insert project name.
Condition 1(1) (Definitions, etc) Employer:
Insert site name.
The Employer shall be
Insert Employer’s name – this must be a
legal entity, eg HSC Trust.
Conditions 1(1) (Definitions, etc): Project Insert address of
Manager, and 3(1) (Delegations and registered office.
representatives)
the
HSC
Trust
The Project Manager shall be (i)
Insert name of Trust employee or Lead
Consultant. (ii)
*of/whose registered office is at
Delete either:
‘of’ and insert address of
Consultant’s registered office,
Lead
or:
‘whose registered office is at’ and insert
name of the HSC Trust.
who shall act generally on behalf of the Insert list as required under condition
Employer in carrying out those duties 4(1). It is recommended that the PM is
described in the Contract, subject to the not restricted in carrying out the duties
following excluded matters:
described in the Contract.
In relation to such excluded matters, the Insert list of the individual(s) or postperson or persons authorised to act for the holder(s) who is/are authorised to act for
Employer are:
the HSC Trust on the excluded matters.
The Planning Supervisor shall be (iii)
(i)
(ii)
(iii)
Insert the name of the CDM Co-ordinator
unless the Lead Consultant is to carry
out the role. Where the Lead Consultant
is to carry out the role insert ‘The Lead
Consultant’.
Amend to read ‘The Lead Consultant shall be’.
For schemes below the delegated limit (£500,000) where the HSC Trust is providing the
professional service, insert the name of the HSC Trust employee authorised to act for the
HSC Trust in the role of Lead Consultant.
Amend to read ‘The CDM Co-ordinator shall be’.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
*of/whose registered office is at
Delete either:
‘of’ and insert address of registered
office,
or:
‘whose registered office is at’ and insert
name of the HSC Trust.
*All the CDM Regulations
Regulations 11 and 21 of
Regulations apply.
apply/Only Delete as appropriate. Amend to read
the CDM ‘All CDM Regulations apply / Only
Regulations 11 and 21 of the CDM
Regulations apply’.
Condition 5 (Insurance)
Delete if appropriate; £10,000,000 will
normally apply and should be seen as
The minimum amount insured in respect of the lower limit.
For projects with
employer’s liability referred to in Condition particularly high risks eg large number of
5(1) shall not be £10,000,000 but shall be £
employees and comparatively high-risk
construction operations, it may be
necessary to consult with a Deputy
Divisional Director, CPD, CD – Health
Projects for confirmation that the cover is
adequate. CPD, CD – Health Projects
may consult with the Government
Broker.
DHSSPSNI,
in
line
with
other
Government Departments, is required by
Government Accounting not to effect or
maintain any insurance, unless they
have had prior written approval from the
DHSSPSNI on the back of a Business
Case.
The percentage for professional fees referred Normally 15% would be appropriate;
to in *Condition 5(2)(a) shall not be 15%, but delete as appropriate.
shall be
%
Insert the percentage if 15% is not
considered satisfactory.
Delete the reference to ‘Condition
5(2)(a), or Model Form 4 Insurance
Documents (Condition 5).
The minimum amount insured in respect of
public liability referred to in *Condition 5(2)(b)
shall be £
for any one occurrence or
series of occurrences arising out of one
A minimum of £10,000,000 should be
inserted, but consideration should be
given to increasing this figure if the risk
is high.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
event.
Delete ‘the Summary of Essential
Insurance Requirements shall be £.......
for any one occurrence or series of
occurrences arising out of one event’.
The forms of certificates referred to in Delete ‘*and Summary of Essential
Condition 5 are appended.
Insurance Requirements’.
Append
Model Form 4 Insurance Document 5
Condition 5 to the tender documents for
completion by the tenderer. Only the
preferred Tenderer has to complete the
form.
The PM should submit the
completed Model Form 4 with any other
documents relating to the various
insurances to Deputy Divisional Director,
CPD, CD – Health Projects, for
confirmation that the cover is adequate.
CPD, CD – Health Projects may consult
with the Government Broker.
If Alternative A applies append ‘Model
Form 4 Insurance Documents (Condition
5)
Condition 9 (Defects in Maintenance Periods) Normally insert 12 months.
Other than for the services listed below, the
Maintenance Period for the Works shall be
………. months and shall apply from the day
after that on which the Works are completed
as certified by the PM.
The Maintenance Period for each of the
following services, which shall apply from the
day after that on which the Works are
completed as certified by the PM, shall be:
DHSSPSNI recommends the same
maintenance period for all services and
the building.
Hence, this section is
normally not completed.
Service:
Period
Months
Months
Months
Condition 10
regulations)
(Occupier’s
rules
Condition 10 *shall/shall not apply.
and If this condition applies insert the
occupiers rules and regulations either as
Appendices or amend to read ‘are
contained in the Preliminaries Section of
the Contract Documentation’.
*The occupier’s rules and regulations are Occupier’s rules and regulations would
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
appended.
normally include details of all ‘permits to
work’ that will be relevant to the works,
and details of any other restrictions eg
working hours, parking, infection control
measures, radiation protection
requirements, additional measures in
connection with the use of acetylene on
HSC sites, etc.
Condition 15 (Passes)
Delete as appropriate
Condition 15 *shall/shall not apply.
Condition 16 (Photographs)
Delete ‘shall not’.
Condition 16 *shall/shall not apply.
Condition
21
completion)
(Commencement
and DHSSPSNI recommends that Employers
do not accept tenders ie award contracts
until the expiry of the standstill period (in
Period within which Order to Proceed to be accordance with the Public Contracts
given: ………..Days of the acceptance of the (Amendment) Regulations 2009 which
tender. In the absence of such notice the implemented
the
EU
Remedies
Contractor may take possession 14 Days Directive) and they are confident that the
after the acceptance of the tender.
site will be available for the date of
possession.
The Order to Proceed
(Model Form 8) should be issued with
the acceptance.
The Date for Completion of the Works shall However, a period of not exceeding 14
be *…………..* the last Day of a period of days could be inserted in this condition
*weeks/months beginning on the day after as a contingency.
the day for commencement stated in the
Order to Proceed.
Condition 29 (Finance charges)
The rate at which finance charges shall be DHSSPSNI recommends 5%.
payable shall be
% over the rate
charged during the relevant period by the Insert ‘5%’.
Bank of England to lending money to the
clearing banks.
Condition 37 (Damages for delay)
Enforcing Liquidated Damages
Liquidation damages for delay shall be:
The Employer must strictly follow the
requirements of Condition 37.
£
per Day.
Assessment of Rate
Damages for delay shall be at large:
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Two alternative methods of estimating
the damages are recognised, depending
on the project. Where loss of amenities
is not a significant feature of the project
damages may be assessed by
estimating additional costs and direct
losses and expenses, but where loss of
amenities is significant (which it
frequently will be for HSC projects) a
rate of interest of 15% per annum of the
anticipated Contract Sum should be
adopted instead.
This rate (which
includes 2 1/2% for additional staff costs)
is independent of short term changes in
general interest rates.
It is emphasised that the loss of
amenities method is an alternative to
estimating direct costs, losses and
expenses, but nevertheless DHSSPSNI
would not expect to see a rate which
represented much less than 15% per
annum on a contract without special
features.
*Condition 40 (Determination by Contractor)
DHSSPSNI recommends the suggested
period of 182 days.
*The period of suspension referred to in
Condition 40(3)(e) shall not be 182 Days, but
shall be
Days.
*Condition 41 (Determination
suspension of Works)
following DHSSPSNI recommends the suggested
period of 182 days.
*The period of suspension referred to in
Condition 41(1) shall not be 182 Days, but
shall be
Days.
**Condition 42 (Adjudication)
The adjudicator shall be
One approach is to leave the naming of
the adjudicator until a dispute occurred,
when the naming is then by agreement
of
between the parties, or failing such
agreement, by the President or a Vice
or, if he is deceased or unwilling or unable to President of the Chartered Institute of
act, or is not or ceases to be independent of Arbitrators.
the Employer, the Contractor and PM,
However,
the
guidance
in
the
of
GC/Works/2 (1998) Model Forms and
Commentary states ‘The adjudicator and
or, if he is deceased or unwilling or unable to named substitute adjudicator should,
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
act, or is not or ceases to be independent of
the Employer, the Contractor and the PM:
such other person as the Employer and the
Contractor choose by mutual agreement in
writing or, failing such agreement, such other
person as may be chosen by the President or
a Vice President of the Chartered Institute of
Arbitrators (or, where the Contract is a
Scottish contract, by the Chairman or a Vice
Chairman of the Chartered Institute of
Arbitrators(Arbiters) (Scottish Branch)) at the
request of either the Employer or the
Contractor.
whenever possible, be appointed before,
or simultaneously with, entry into the
Contract’.
The prescribed form of
appointment is appended.
Append Model Form 7 (GC/Works/2
(1998) Model Forms and Commentary)
to the tender documents.
adjudicator’s
DHSSPSNI has no preference for either
approach.
Either insert the name of the adjudicator
or if it is intended to leave the
appointment until a later stage, insert:
‘To be agreed’.
**Condition 43 (Arbitration and choice of law)
DHSSPSNI recommends that if the
issue(s) are not resolved by Adjudication
The arbitrator shall be
they are taken to litigation without
recourse to Arbitration. The original
of
Condition 43 has been deleted in the
amendments and is therefore ‘Not
or, if he is deceased or unwilling or unable to applicable.’
act, or is not or ceases to be independent of
the Employer, the Contractor and the PM,
of
or, if he is deceased or unwilling or unable to
act, or is not or ceases to be independent of
the Employer, the Contractor and the PM:
such other person as the Employer and the
Contractor choose by mutual agreement in
writing or, failing such agreement, such other
person as may be chosen by the President or
a Vice President of the Chartered Institute of
Arbitrators (or, where the Contract is a
Scottish contract, by the Chairman or a Vice
Chairman of the Chartered Institute of
Arbitrators(Arbiters) (Scottish Branch)) at the
request of either the Employer or the
Contractor.
Condition 47 (Performance bond)
The use of a Performance Bond is not
recommended, see the guidance in the
Condition 47 *shall/shall not apply.
GC/Works 2 (1998) Model Forms and
*The performance bond shall be in an Commentary.
amount of
% of the Contract Sum, and not 10%.
*The prescribed form of performance bond is
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
appended
Condition 48 (Parent company guarantee)
DHSSPSNI recommends that Parent
Company Guarantees are required.
Condition 48 *shall/shall not apply.
*The prescribed form of parent company Append Model Form 6 Parent Company
guarantee is appended.
Contract Preferred Guarantee (Condition
48) to the tender documents.
Delete ‘shall not’.
***Supplementary Conditions and Annexes
The following Supplementary Conditions and
Annexes (if any) are incorporated into the
Conditions of Contract and shall prevail over
the other Conditions of Contract:
The Supplementary Conditions that
should be incorporated into the Contract
are as listed in SECTION 3:
SUPPLEMENTARY CONDITIONS. This
list should be inserted here.
* Delete inapplicable items.
** The same adjudicators and arbitrators
should be named in all the Employer’s
contracts relating to the project, whether with
contractors, consultants or others.
***It is recommended that any printed
Conditions affected by Supplementary
Conditions should be amended and initialled
by both parties.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ADDENDUM TO ABSTRACT OF PARTICULARS
Schedule of Design Information
Information on items on Condition 28(2)(a) and (b) listed below is not yet available
but will be provided by the PM within the periods indicated below. Items not listed
will be provided in time to meet the Contractor’s reasonable requirements where
these have been notified in reasonable time.
Item
*
** Weeks
Delete inapplicable items
**
The weeks are counted from the day for commencement stated in the Order to
Proceed issued by the Employer (see Condition 21(1) (Commencement and
Completion)
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 2
INVITATION TO TENDER AND SCHEDULE OF DRAWINGS
INVITATION TO TENDER
Works:
Site:
1.
(“the Employer”) invites
you to tender, upon the basis of GC/Works/2 General Conditions (1998), for
the Works described in the following enclosed documents:
(a)
Abstract of Particulars and Addendum;
(b)
Supplementary Conditions and Annexes (if any) referred to in the
Abstract of Particulars;
(c)
Specification;
(d)
Drawings listed in the attached Schedule of Drawings;
(e)
Pre-Construction Phase Health and Safety Information Package; and
(f)
Other documents as listed below:
2.
Your tender should be submitted on the form of Tender and Tender Price
Form also enclosed. Any obvious errors in pricing or errors in arithmetic will
be dealt with as stated in the form of Tender.
3.
You are required to keep your tender confidential and not divulge to anyone,
even approximately, what your tender price is or will be. The sole exception
to this is information you may have to give to your insurance company, or
broker, in order to compile your tender, but you must stress to them that this
information is given in strict confidence.
4.
You must not make any arrangements with anyone else about whether or not
they should tender, or about their or your tender prices or terms and
conditions. You may however, obtain any necessary sub-contract quotations.
5.
No tendering expenses will be reimbursed by the Employer.
6.
The Employer does not bind himself to accept the lowest, or any, tender.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
7.
Your form of Tender should be submitted in a sealed envelope prominently
marked:
FORM OF TENDER FOR
WORKS:
SITE:
The envelopes should bear no external indication of the identity of the
tenderer.
8.
Tenders
must
be
to:
completed
and
returned
by
am/pm
on
SIGNED by:
for and on behalf of:
Tel:
Fax:
Email:
Date:
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SCHEDULE OF DRAWINGS
Drawings prepared by
Discipline
Drawing No &
Revision No. (if any)
Drawing Title
Date
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 3
TENDER AND TENDER PRICE FORM
TENDER
Works:
Site:
To be returned by
am/pm on
to
of
1.
We have examined GC/Works/2 General Conditions (1998), and the following
documents:
(a)
Abstract of Particulars and Addendum;
(b)
Supplementary Conditions and Annexes (if any) referred to in the
Abstract of Particulars;
(c)
Specification (if used);
(d)
Drawings listed in the Schedule of Drawings;
(e)
Pre-Construction Phase Health and Safety Information Package (and
confirm that we will provide an Outline Construction Phase Health and
Safety Plan and details of how we plan to implement and develop it,
together with details to establish our competence and resources to
comply with the requirements and prohibitions imposed upon us
relative to health and safety in the execution and/or management of the
Works); and
(f)
Other documents as listed below:
2.
We enclose for your approval our Programme and the other enclosed
documents, which shall be deemed to form part of our tender listed below:
3.
We have obeyed the rules about confidentiality of tenders and will continue to
do so as long as they apply.
4.
We undertake, within 7 days of being so required by the Employer, to submit
to the Employer for his approval a schedule of rates to be used to value
variations in the Works. Notwithstanding such approval, we undertake to
satisfy the Employer that the prices in the schedule of rates as approved are
fair; and should reasonably be used to value variations in the Works.
5.
We agree that, should errors in pricing or errors in arithmetic be discovered in
any schedules of rates submitted by us during consideration of this offer, we
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
will be afforded the opportunity of confirming or withdrawing
offer/confirming our offer, or of amending it to correct such errors*.
our
6.
Subject to and in accordance with paragraphs 3 to 5 above and the terms and
conditions contained or referred to in the documents listed in paragraphs 1
and 2, we offer to execute the Works referred to in the said documents in
consideration of payment by the Employer of the sum shown in our
accompanying Tender Price Form, which shall be deemed to form part of our
tender, plus reimbursement by the Employer of Value Added Tax in
accordance with Condition 27 (VAT).
7.
(Only applicable if Abstract of Particulars states that Condition 47
(Performance bond) shall apply)
Our surety/sureties will be
whose registered office is at
8.
Limited/PLC
(Only applicable if Abstract of Particulars states that Condition 48
(Parent Company guarantee) shall apply)
Our ultimate holding company (if any) is
(No:
), whose registered office is at
9.
Limited/PLC,
We agree that differences or questions arising out of or relating to the
Contract shall be resolved in accordance with Conditions 42 (Adjudication)
and 43 (Arbitration and choice of law) of the General Conditions.
SIGNED by:
for and on behalf of:
Tel:
Fax:
Email:
Date:
* Employer to delete inapplicable item before issuing tender documents
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
TENDER PRICE FORM
Works:
Site:
To be returned by
am/pm on
to
of
The sum referred to in our accompanying Form of Tender is
(£
)*
pounds
SIGNED by:
for and on behalf of:
Tel:
Fax:
Email:
Date:
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 4
INSURANCE DOCUMENTS (CONDITION 5)
NO 1:
1.
CERTIFICATE OF EMPLOYER’S LIABILITY INSURANCE UNDER
CONDITION 5(1) OF THE GENERAL CONDITIONS OF CONTRACT
FOR BUILDING & CIVIL ENGINEERING MINOR WORKS GC/WORKS/2
(1998)
This certificate relates to a contract (‘the Contract’) for the execution of the
following Works ‘the Works’) made between
‘the Employer’) and
(‘the Contractor’), and is furnished to the Employer.
2.
Condition 5(1) (Insurance) of the Contract requires the Contractor to effect
and maintain employer’s liability insurance.
3.
Condition 5(4) (Insurance) of the Contract contains further requirements
regarding such insurance.
4.
We certify that the Contractor has complied with the above requirements by
effecting and maintaining insurance as followsInsured:
Insurer:
Policy No:
Period of Insurance: From:
To:
Amount Insured: £
SIGNED by
, as required by the Contract.
for and on behalf of
*Contractor’s Insurance Broker/Contractor’s Insurer
Tel:
Fax:
Email:
Date:
*Delete inapplicable items.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
NO 2:
CERTIFICATE OF CONTRACTOR’S INSURANCE UNDER CONDITION
5(2) OF THE GENERAL CONDITIONS OF CONTRACT FOR BUILDING & CIVIL
ENGINEERING MINOR WORKS GC/WORKS/2 (1998)
1.
This certificate relates to a contract (‘the Contract’) for the execution of the
following Works (‘the Works’) made between
(‘the Employer’) and
(‘the Contractor’), and is furnished to the Employer.
2.
Condition 5(2) (Insurance) requires the Contractor to effect and maintain
certain insurance described in that paragraph.
3.
Condition 5(4) (Insurance) of the Contract contains further requirements
regarding such insurance.
4.
We certify that the Contractor has complied with the above requirements by
effecting and maintaining insurance as follows Construction ‘All Risks’ (Condition 5(2)(a)
Insured:
Insurers:
Policy No:
Period of Insurance: From:
To:
Amount Insured in respect of the Works, Thing and professional fees: £
Excess or Deductible: £
per claim.
Public Liability (Condition 5(2)(b)
Insured:
Insurers:
Policy No:
Period of Insurance: From
To:
Amount Insured: £
, being at least the minimum sum stated in the
Abstract of Particulars included in the Contract, for any one occurrence or
series of occurrences arising out of one event.
Excess or Deductible: £
per claim.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SIGNED by
for and on behalf of
*Contractor’s Insurance Broker/Contractor’s Insurers
Tel:
Fax:
Email:
Date:
*Delete inapplicable items.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 5
PERFORMANCE BOND (CONDITION 47)
THIS BOND is made the
day of
BETWEEN:
(1)
[of] OR [whose registered office is at]
(‘the Contractor’);
(2)
[of] OR [whose registered office is at]
(‘the Guarantor’) and
(3)
of
(‘the Employer’, which term shall include its successors and assignees).
WHEREAS by an Agreement (‘the Contract’) dated as stated in the Schedule and
made between the Employer of the one part and the Contractor of the other part, the
Contractor undertook the execution of certain works (‘the Works’) in accordance with
the terms and conditions of the Contract.
NOW THIS DEED WITNESSETH as follows:
1.
The Guarantor guarantees to, and covenants with, the Employer:
(a)
that the Contractor has discharged, and shall discharge, all the
Contractor's obligations (whether existing or future) under or pursuant
to the Contract; and
(b)
that, in the event of the Contractor's default in the discharge of any
such obligations, the Guarantor shall pay to the Employer the loss and
damage thereby caused to the Employer.
2.
The maximum aggregate liability of the Guarantor under this Bond shall not
exceed the sum set out in the Schedule (‘the Guarantee Amount’).
3.
The Guarantor shall be, and continue to be, liable under this Bond even if the
Contract is or becomes not binding on, or unenforceable against, the
Contractor, for any reason whatever. No alterations in the Contract, or in the
Works, and no extension of time, forbearance or forgiveness, nor any act,
matter or thing whatsoever except Expiry (as defined in the Schedule) or an
express release by the Employer, shall in any way release or reduce any
liability of the Guarantor under this Bond. References to the Contract in this
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Bond shall include all amendments, variations and additions to it, whether
made before or after the date hereof.
4.
Whether or not this Bond shall be returned to the Guarantor, the obligations of
the Guarantor under this Bond shall be released and discharged absolutely
upon Expiry.
5.
The Contractor, having requested the execution of this Bond by the
Guarantor, concurs in the terms and conditions of this Bond.
6.
The Employer shall be entitled to assign or transfer all or any of the
Employer's rights under this Bond without the consent of the Guarantor and/or
of the Contractor.
7.
The proper law of this Bond shall be the same as that of the Contract. Where
the proper law of this Bond is Scots law, the parties prorogate the nonexclusive jurisdiction of the Scottish courts.
IN WITNESS whereof the Contractor and the Guarantor have executed this Deed on
the date first stated above.
SCHEDULE
Date of the Contract:
Guarantee Amount: 10% of the Contract Sum, namely
pounds (£
).
Expiry: Expiry occurs on the date when the first of the following events occurs:
(a)
in the event of the Contractor's default in the discharge of any of the
Contractor's obligations under or pursuant to the Contract, the Guarantor shall
pay to the Employer the loss and damage thereby caused to the Employer, up
to the Guarantee Amount; or
(b)
pursuant to Condition 31(5)(b) (Final Account) of the Contract, the Contractor
shall have paid the excess therein specified to the Employer, and any amount
due from the Contractor to the Employer pursuant to any decision, award or
judgement in, or settlement of, any adjudication, arbitration or other
proceedings commenced in respect of the Contract before or within sixty
(60) days after the end of the Maintenance Period, or where there is more
than one Maintenance Period, the end of the last Maintenance Period to
expire, has been paid.
[Upon certification of completion of the Works by the Project Manager under
Condition 24 (Certifying completion) of the Contract, the Guarantee Amount shall
reduce by one-half.
NOTE: Where the proper law of the above document is Scots law, the format will be
subject to alteration to reflect the requirements of Scots law in relation to the
execution of a document.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 6
PARENT COMPANY CONTRACT PERFORMANCE
GUARANTEE (CONDITION 48)
THIS AGREEMENT is made the
day of
BETWEEN:
(1)
[of] OR [whose registered office is at]
(‘the Guarantor’); and
(2)
of
(‘the Employer’, which term shall include its successors and assignees).
WHEREAS by an Agreement (‘the Contract’) dated and made between the Employer
of the one part and (‘the Contractor’) of the other part, the Contractor undertook the
execution of certain works (‘the Works’) in accordance with the terms and conditions
of the Contract.
NOW THIS DEED WITNESSETH as follows:
1.
The Guarantor hereby absolutely irrevocably and unconditionally guarantees
to the Employer the due and punctual performance by the Contractor of all the
obligations on the part of the Contractor under or pursuant to the Contract
(‘the Terms’) and (as a separate stipulation and as primary obligor) agrees
that if the Contractor shall in any respect commit any breach of or fail to fulfil
any of the Terms, then the Guarantor will forthwith perform and fulfil in place
of the Contractor each and every Term in respect of which the Contractor has
defaulted or which is unfulfilled by the Contractor. The Guarantor shall be
liable to the Employer for all losses, damages, expenses, liabilities, claims,
costs or proceedings which the Employer may suffer or incur by reason of the
said failure or breach.
2.
The Guarantor shall be, and continue to be, liable under this Agreement even
if the Contract is or becomes not binding on, or unenforceable against, the
Contractor, for any reason whatever. No alterations in the Contract, or in the
Works, and no extension of time, forbearance or forgiveness, nor any act,
matter or thing whatsoever except an express release by the Employer, shall
in any way release or reduce any liability of the Guarantor hereunder.
References to the Contract in this Agreement shall include all amendments,
variations and additions to it, whether made before or after the date hereof.
3.
This guarantee shall remain in full force and effect until performance in full of
the Terms, notwithstanding:
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
4.
(a)
the insolvency or liquidation of the Contractor, the Guarantor or any
other person;
(b)
any disclaimer of the Contract by a liquidator of the Contractor; and/or
any feature of the Contract, the negotiations prior to the Contractor and
the Employer entering into the Contract, or the performance of the
Contract, making it ineffective or unenforceable.
Until the Terms have been unconditionally and irrevocably performed in full
the Guarantor shall not by virtue of any performance or payment made by it or
otherwise:
(a)
be subrogated to any rights, security or moneys held or received or
receivable by the Employer; or
(b)
be entitled to exercise any right of contribution from any co-surety in
respect of such performance and liabilities under any other guarantee,
security or agreement; or
(c)
exercise any right of set-off or counterclaim against the Contractor or
any such co-surety; or
(d)
receive, claim or have the benefit of any payment, distribution, security
or indemnity from the Contractor or any such co-surety; or
(e)
unless so directed by the Employer (when the Guarantor will prove,
and turn over any realisations to the Employer, in accordance with
such directions) claim as a creditor of the Contractor or any such cosurety in competition with the Employer.
5.
No delay or omission of the Employer in exercising any right, power or
privilege hereunder shall impair such right, power or privilege or be construed
as a waiver of such right, power or privilege nor shall any single or partial
exercise of any such right, power or privilege preclude any further exercise
thereof or the exercise of any other right, power or privilege. The rights and
remedies of the Employer herein provided are cumulative and not exclusive of
any rights or remedies provided by law.
6.
A waiver given or consent granted by the Employer under this guarantee will
be effective only if given in writing and then only in the instance and for the
purpose for which it is given.
7.
(a)
If at any time any one or more of the provisions of this guarantee is or
becomes invalid, illegal or unenforceable in any respect under any law,
the validity, legality and enforceability of the remaining provisions
hereof shall not be in any way affected or impaired thereby.
(b)
As a separate and alternative stipulation the Guarantor unconditionally
and irrevocably agrees that any sum expressed to be payable by it or
obligation to be performed by it under this guarantee but which is for
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
any reason (whether or not now existing and whether or not now
known or becoming known to the Guarantor) not recoverable from or
enforceable against the Guarantor on the basis of a guarantee shall
nevertheless be recoverable from or enforceable against the Guarantor
as if the Guarantor were the sole principal debtor or obligor (where
relevant).
8.
(a)
Any notice, demand or other communication to be served under this
guarantee may be served upon the Guarantor only by posting by first
class post or delivering the same or sending the same by e-mail or
facsimile transmission to the Guarantor at its address, or email address
or facsimile number shown below:
Address:
Fax:
E-mail:
or at such other address or number as the Guarantor may from time to
time notify in writing to the Employer.
(b)
Any notice, demand or other communication to be served under this
guarantee may be served upon the Employer only by posting by first
class post or delivering the same or sending the same by e-mail or
facsimile transmission to the Employer at its address, or e-mail address
or facsimile number shown below:
Address:
Fax:
E-mail:
or at such other address or number as the Employer may from time to
time notify in writing to the Guarantor.
9.
A notice or demand served by first class post shall be deemed duly served on
the second business day after the date of posting and a notice or demand
sent by e-mail or facsimile transmission shall be deemed to have been served
at the time of transmission unless served after 5.00 p.m. in the place of
intended receipt in which case it will be deemed served at 9.00 a.m. on the
following business day. For the purposes of this paragraph ‘business day’
means a day on which commercial banks are open for business in London.
10.
In proving service of any notice it will be sufficient to prove, in the case of a
letter, that such letter was properly stamped or franked first class, addressed
and placed in the post and, in the case of e-mail or facsimile transmission,
that such e-mail or facsimile was duly transmitted on a business day to a
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
current e-mail address or facsimile number of the addressee at the address
referred to above.
11.
The Employer shall be entitled to assign or transfer all or any of the
Employer's rights under this guarantee without the consent of the Guarantor.
12.
The proper law of this guarantee shall be the same as that of the Contract.
Where the proper law of this guarantee is Scots law, the parties prorogate the
non-exclusive jurisdiction of the Scottish courts.
IN WITNESS whereof the Guarantor has executed this Deed on the date first stated
above.
NOTE: Where the proper law of the above document is Scots law, the format will be
subject to alteration to reflect the requirements of Scots law in relation to the
execution of a document.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 7
ADJUDICATOR’S APPOINTMENT (CONDITION 42)
THIS AGREEMENT is made the
day of
BETWEEN:
(1)
of
(‘the Employer’, which term shall include its successors and assignees);
(2)
[of] OR [whose registered office is at]
(‘the Contractor’); and
(3)
of
(‘the Adjudicator’).
WHEREAS:
(A)
The Employer has entered into a contract dated
(‘the Contract’) with
the Contractor for the execution of certain Works, and a copy of the Contract
has been supplied to the Adjudicator.
(B)
The Adjudicator has agreed to act as [adjudicator] OR [named substitute
adjudicator] in accordance with the Contract.
NOW THIS DEED WITNESSETH as follows:
1
The Adjudicator shall, as and when required, act as [adjudicator] OR [named
substitute adjudicator] in accordance with the Contract, except when unable
so to act because of facts or circumstances beyond his reasonable control.
2
The Adjudicator confirms that he is independent of the Employer, the
Contractor, and the Project Manager and Quantity Surveyor under the
Contract, and undertakes to use reasonable endeavours to remain so, and
that he shall exercise his task in an impartial manner. He shall promptly
inform the Employer and the Contractor of any facts or circumstances which
may cause him to cease to be so independent.
3
The Adjudicator hereby notifies the Employer and the Contractor that he will
comply with Condition 42 (Adjudication) of the Contract, and its time limits.
4
The Adjudicator shall be entitled to take independent legal and other
professional advice as reasonably necessary in connection with the
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
performance of his duties as adjudicator. The reasonable net cost to the
Adjudicator of such advice shall constitute expenses recoverable by the
Adjudicator under this Agreement.
5
The Adjudicator shall comply, and shall take all reasonable steps to ensure
that any persons advising or aiding him shall comply, with the Official Secrets
Act 1989 and, where appropriate, with the provisions of Section 11 of the
Atomic Energy Act 1946. Any information concerning the Contract obtained
either by the Adjudicator or any person advising or aiding him is confidential,
and shall not be used or disclosed by the Adjudicator or any such person
except for the purposes of this Agreement.
6
The Employer and the Contractor shall pay the Adjudicator fees, expenses
and other sums (if any) in accordance with the Contract and the Schedule,
plus applicable Value Added Tax.
7
The Adjudicator is not liable for anything done or omitted in the discharge or
purported discharge of his functions as adjudicator, unless the act or omission
is in bad faith. Any employee or agent of the Adjudicator is similarly protected
from liability.
8
The proper law of this Agreement shall be the same as that of the Contract.
Where the proper law of this Agreement is Scots law, the parties prorogate
the non-exclusive jurisdiction of the Scottish courts.
IN WITNESS whereof the Employer, the Contractor and the Adjudicator have
executed this Deed in triplicate on the date first stated above.
SCHEDULE
Adjudicator’s Fees, Expenses, etc..
NOTE:
Where the proper law of the above document is Scots law, the format
will be subject to alteration to reflect the requirements of Scots law in relation
to the execution of a document.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 8
ORDER TO PROCEED (CONDITION 21)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
[insert name and address]
To: the Contractor
Date:
The Contractor is hereby required to proceed with the Works on [date].
This Order to Proceed is given under Condition 21 (Commencement and
completion).
Project Manager
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 9
CERTIFICATE OF COMPLETION (CONDITION 24)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
To: the Contractor
Date:
It is hereby certified under Condition 24 (Certifying completion) that the Works were
completed in accordance with the Contract on [date].
*This certificate is given without prejudice to the Contractor's obligation to complete
the outstanding items listed on the attached schedule.
Project Manager
*Delete inapplicable items. The PM is not obliged to issue this certificate subject to a
schedule of outstanding items or ‘snagging list’, but such a concession is often given
in practice.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 10
MAINTENANCE CERTIFICATE (CONDITIONS 9 AND 24)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
To: the Contractor
Date:
It is hereby certified under Condition 24 (Certifying completion) that, the [last*]
Maintenance Period having expired, the Contractor has complied with Condition 9
(Defects in Maintenance Periods).
Project Manager
*Delete inapplicable items.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 11
PROJECT MANAGER'S INSTRUCTION (CONDITION 25)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
To: the Contractor
Date:
The Contractor is hereby instructed under Condition 25 (PM's Instructions) as
follows:
[insert details of Instruction]
*Prior to the issue of this Instruction the Employer and the Contractor have agreed
that the lump sum total price of complying with it is
pounds (£
), excluding
VAT. Such agreement shall be confirmed by the Contractor's acknowledgement of
receipt of this Instruction.
*The Contractor is requested to submit to the Project Manager a written quotation of
the lump sum total price of complying with this Instruction. Pursuant to Condition
25(3), this Instruction is conditional upon agreement of such a lump sum price,
pending which agreement the Contractor is not to begin complying with the
Instruction.
*The Contractor is requested to submit to the Project Manager a written quotation of
the lump sum total price of complying with this Instruction. This Instruction is not
conditional upon agreement of such a lump sum price, and the Contractor shall
immediately begin complying with the Instruction.
In accordance with Condition 25(3), the Contractor's agent is required immediately to
acknowledge receipt of this Instruction.
Project Manager
*Delete inapplicable items.
I acknowledge receipt of the above Instruction on
For and on behalf of the Contractor
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 12
INTERIM PAYMENT CERTIFICATE
(CONDITIONS 30 AND 32)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
[insert name and address]
To: the Employer
Copied to: the Contractor
Date:
It is hereby certified under Condition 32 (Certifying payments) that the net sum not
previously certified (taking into account retention and all set-off or abatement to
which the Employer is entitled, but exclusive of VAT) to which the Contractor is
entitled under Condition 30 (Advances on account) is
pounds (£
),
calculated on the following basis:
Condition 30(2) (Advances on account).
(a)(i)
(ii)
£
97% of the value of the work executed on the Site; and
97% of the value of any Things for incorporation which
have been reasonably delivered to the Site and are
adequately stored and protected against damage by
weather and other causes, but which have not been
incorporated in the Works.
....................
Less deduction under Condition 30(2)(a)(ii) in respect
of Things for incorporation on account of which an
advance has been made under Condition 30(2)(a)(i)
and which have been incorporated in the Works.
£
....................
___________
___________
....................
(b) 100% of any amount determined by the PM under
Condition 28 (Prolongation and disruption) in respect of
the relevant month.
....................
(c) 100% of any amount calculated under Condition 29
(Finance charges). Sub-total of (a) - (c).
....................
(d) Less sum agreed to be credited by the Contractor for old
materials.
Certified sum
....................
___________
£
___________
Project Manager
This form is intended to comply with the requirements of Part 2 of the Housing Grants, Construction and
Regeneration Act 1996.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 13
FINAL PAYMENT CERTIFICATE
(CONDITIONS 31 AND 32)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
[insert name and address]
To: the Employer
Copied to: the Contractor
Date:
It is hereby certified under Condition 32 (Certifying payments) that the net sum not
previously certified (taking into account retention and all set-off or abatement to
which the Employer is entitled, but exclusive of VAT) to which the Contractor is
entitled under Condition 31(5) (Final Account) is
pounds (£
),
calculated on the following basis:
Final Sum
£
Less amount previously certified
Certified sum
£
Project Manager
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 14
NOTICE OF INTENTION TO WITHHOLD PAYMENT
(CONDITION 33)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
[insert name and address]
To: the Contractor
Date:
Notice is hereby given that the Employer proposes to withhold payment
of
pounds (£
) upon the ground that [insert details]
OR
Notice is hereby given that the Employer proposes to withhold payment of a total
of
pounds (£
) upon the grounds that [insert details of each
ground for withholding and the amount proposed to be withheld attributable to each
ground]
This notice is given under Condition 33 (Withholding payment).
Project Manager
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 15
NOTICE OF NON-COMPLIANCE WITH INSTRUCTION
(CONDITION 36)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
[insert name and address]
To: the Contractor
Date:
Notice is hereby given that the Employer requires compliance, within [insert number]
days of the date of this notice, with the following Instruction:
[insert details]
This notice is given under Condition 36 (Non-compliance with Instructions).
Project Manager
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 16
EMPLOYER'S NOTICE OF DETERMINATION
(CONDITION 38)
Employer:
Project:
Project No:
Contract No:
Contractor:
[insert name and address]
[insert short description]
[insert name and address]
To: the Contractor
Date:
Notice is hereby given that the Contract is hereby determined, upon the ground
mentioned in Condition 38(2)*(a)(b)(c)(d)(e)(f)(g)(h) (Determination by Employer), in
that [insert details]
This notice is given under Condition 38(1) (Determination by Employer).
Project Manager
*Delete inapplicable items.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 17
EMPLOYER'S NOTICE OF INTENTION TO REFER TO
ADJUDICATION (CONDITION 42)
Employer: [insert name and address]
Project:
[insert short description]
Project No:
Contract No:
Contractor: [insert name and address]
To: the Contractor
Date:
Notice is hereby given that the Employer intends to refer to adjudication the following
dispute:
[insert details]
This notice is given under Condition 42(1) (Adjudication).
Project Manager
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
MODEL FORM 18
EMPLOYER'S NOTICE OF REFERRAL TO ADJUDICATION
(CONDITION 42)
Adjudicator:
Employer:
Project:
Project No:
Contract No:
Contractor:
Project Manager:
[insert name and address]
[insert name and address]
[insert short description]
[insert name and address]
[insert name and address]
To: the Adjudicator
Copied to: the Contractor and the Project Manager
Date:
Notice is hereby given that a dispute, difference or question arising under, out of, or
relating to the Contract is hereby referred to you for adjudication.
The matter in dispute is specified in the First Schedule.
The principal facts and arguments relating to the matter in dispute are set out in the
Second Schedule.
All relevant documents in the possession of the Employer are specified in the Third
Schedule, and copies of such documents are enclosed with this notice.
This notice is given under Condition 42(1) (Adjudication).
For and on behalf of the Employer
[insert Schedules]
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Appendix A (page 1 of 3)
Attestation Clause for use when the Contractor is a Limited Company
executing under Seal:In Witness whereof the Common Seal of the Employer and the Common Seal of the
Contractor have been hereunto affixed the day and year first herein written.
The Common Seal of the _____________________________________(Employer)
was hereunto affixed in the presence of:-
_________________________________________________
The Common Seal of _______________________________________[Limited] or
[PLC]
(Contractor)
was hereunto affixed to this Deed in the presence of:-
____________________________________
Director
____________________________________
Director/Secretary
Date_________________________________
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Appendix A (page 2 of 3)
Attestation Clause for use when the Contractor is not a Limited Company:In Witness whereof the Common Seal of the Employer has been hereunto affixed
and this Agreement has been duly executed as a deed by the Contractor the day
and year first herein written.
The Common Seal of the ____________________________________(Employer)
was hereunto affixed in the presence of:-
_________________________________________________
* SIGNED SEALED and DELIVERED by_______________________ (Contractor)
in the presence of:-
____________________________________ (Witness)
of
____________________________________
*
Where the Deed is to be executed by a partnership all parties to the
partnership are required to sign. Hence the provision for signature
should be repeated as necessary.
Date_________________________________
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Appendix A (page 3 of 3)
Attestation Clause for use when the Contractor is a Limited Company which
does not wish to execute under Seal:In Witness whereof the Common Seal of the Employer has been hereunto affixed
and this Agreement has been duly executed as a deed by the Contractor the day
and year first herein written.
The Common Seal of the ______________________________________(Employer)
was hereunto affixed in the presence of:-
_________________________________________________
SIGNED as a DEED
for and on behalf of______________________________________[Limited] or [PLC]
(Contractor)
by:-
____________________________________
Director
____________________________________
Director/Secretary
Date_________________________________
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SECTION 3
SUPPLEMENTARY CONDITIONS
To be incorporated into tender documentation
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
***SUPPLEMENTARY CONDITIONS AND ANNEXES
Contents
The following Supplementary Conditions and Annexes (if any) are incorporated into
the Conditions of Contract, and shall prevail over the other Conditions of Contract:
Supplementary Condition No 200 GC/Works/2 (1998) Minor Works (issued June
2008; revised March 2013) – amendments To Conditions of Contract
Supplementary Condition No 201 GC/Works/2 (1998) Minor Works (issued
December 1999 - Value Added Tax
Supplementary Condition No 202 GC/Works/2 (1998) Minor works (issued August
2007) – The Construction (Design and Management) Regulations (Northern Ireland)
2007
Supplementary Condition No 203 GC/Works/2 (1998) Minor Works (issued July
2005) – Protection of Information
Supplementary Condition No 204 GC/Works/2 (1998) Minor Works (issued July
2005, revised March 2013) – Health and Safety – Buildsafe – NI
Supplementary Condition No 205 GC/Works/2 (1998) Minor Works (issued January
2006) – Equality of Opportunity
Supplementary Condition No 206 GC/Works/2 (1998) Minor Works (issued April
2006; revised March 2013) – Waste Management – Duty of Care
Supplementary Condition No 207 GC/Works/2 (1998) Minor Works (issued April
2007; revised March 2013) – Construction Contract Monitor (CCM)
Supplementary Condition No 208 GC/Works/2 (1998) Minor Works (issued
November 2006; revised March 2013) – Timber and Wood Derived Products
Supplementary Condition No 209 GC/Works/2 (1998) Minor Works (issued May
2008) – Statutory and Other Regulations
Supplementary Condition No 210 GC/Works/2 (1998) Minor Works (issued
September 2009, revised January 2016) – Employer’s Sustainability Requirements
(Economic, Social & Environmental)
Supplementary Condition No 211 GC/Works/2 (1998) Minor Works (issued May
2012) – Managing Poor Performance
*** It is recommended that any printed Conditions affected by Supplementary Conditions
should be amended and initialled by both parties.
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SUPPLEMENTARY CONDITION NO 200 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED JUNE 2008; REVISED MARCH 2013) – AMENDMENTS TO
CONDITIONS OF CONTRACT
AMENDMENTS TO GENERAL CONDITIONS
Condition 1
Definitions, etc
Page 6
In line 13 delete ‘1995’ and insert ‘2007’.
Page 7
In line 9 delete the words ‘Health and
Safety Plan’ and insert ‘Pre-construction
information pack’.
Page 7
after definition of "Instruction" insert
new definition as follows:
" 'Lead Consultant' means the person named
in the Abstract of Particulars and appointed
by the Employer to act in the role of Lead
Consultant;"
Page 7
In line 11 delete ‘15’ and insert ‘23’.
Page 7
In line 12 delete ‘10’ and insert ‘16’.
Page 7
In line 21 delete the words ‘Planning
Supervisor’ and insert ‘CDM Coordinator’.
Page 7
In line 22 delete 6(5) and insert 14(1).
Page 7
In line 25 delete the words ‘Regulation
6(5)’ and insert ‘Regulation 14(3)’.
Page 7
In line 26 in the definition of ‘the PM’
omit ‘Project Manager’ and insert ‘Lead
Consultant’.
Insert the following additional clause after Condition
1(4)(c)(iii):
Condition 6(4)
Statutory notices and
CDM Regulations
‘(5) Neither the Contract, nor any term thereof, shall
be enforceable by any third party, except any third
party included within the definition of ‘Employer’ or
of ‘Contractor’ given in paragraph (1); and the
Contract may be determined or varied without the
consent of any third party.’
Page 12
In line 8 delete the words ‘Planning
Supervisor’ and insert ‘CDM Co44
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ordinator’.
Condition 6(5)
Page 12
In line 2 delete ‘Planning Supervisor’
and insert ‘CDM Co-ordinator’
Delete the entire Condition and insert:‘At the Concept Phase of the Works the Employer
will appoint a competent CDM Co-ordinator to
perform the duties as cited in clauses 20 and 21 of
the CDM Regulations (NI) 2007.
The Contractor shall co-operate fully with the CDM
Co-ordinator and shall deliver any information
required in order to provide, review and update the
Health and Safety File as referred to under
Regulation 20 (2) (e).’
Condition 6(7)
In lines 1-3 delete ‘Planning Supervisor’ and insert
‘CDM Co-ordinator’
In line 4 delete ‘Regulation 14(d)(e) and (f)’ and
insert ‘Regulation 19 (2) (a-d)’
Condition 11(1)
Discrimination
In line 4 delete ‘the Fair’ to ‘1989’ in line 5 and
insert ‘The Fair Employment and Treatment
(Northern Ireland) Order 1998’.
Condition 20(3)
Excavations
In line 1 delete ‘All’ and insert ‘Without prejudice to
the provisions of the Historic Monuments and
Archaeological Objects (NI) Order 1995, all’.
Condition 21(1)
Commencement and
Completion
In line 4 delete ‘6’ and insert ‘21’.
Condition 22(4)(c)
Progress Meetings
In line 2 after ‘reduce’ delete ‘to’ and insert ‘or’.
Condition 23(c)
Extensions of time
In line 1 delete ‘Planning Supervisor’ and insert
‘CDM Co-ordinator’.
Condition 43
Arbitration and choice of law
Delete the entire Condition and insert:
‘Condition 43 choice of law’
‘The proper law of the Contract shall be Northern
Ireland law and all disputes and/or differences
between the parties shall be referred to the Courts
of Northern Ireland’.
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SUPPLEMENTARY CONDITION NO 201 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED DECEMBER 1999) – VALUE ADDED TAX
(THIS SUPPLEMENTARY CONDITION IS WRITTEN AS ‘NOTWITHSTANDING
CONDITION 7)
1.
DEFINITION
In this Condition ‘tax’ means Value Added Tax (as defined by Section 1 of the
Finance Act, 2012) being the tax chargeable by virtue of Part 1 of that Act on the
supply of services/goods under the Contract.
2.
3.
4.
EXCESS AMOUNTS
(1)
Where an amount of tax has been reimbursed which is in excess of the
amount which, in all the circumstances, should have been so reimbursed,
the Employer shall be entitled to recover from the Contractor an amount
equal to the excess.
(2)
The reference to the circumstances mentioned in sub-paragraph (1)
above shall (without prejudice to its generality) include circumstances
where there has been any overpayment of a sum due to the Contractor
under the Contract.
(3)
The rights of recovery conferred by this paragraph may be affected by
deduction from any sum or sums then due under the Contract or which at
any time thereafter may become due to the Contractor under or in respect
of the Contract or any other Contract with the Employer or with any
Department or Office of Her Majesty’s Government.
DISPUTES
(1)
Where any dispute, difference or question arises between the parties as
to the amount of tax payable by the Contractor in respect of the supply by
him of services/goods under the Contract, the Contractor shall, if the
Employer so requires, refer the matter to Her Majesty’s Commissioners of
Customs and Excise for their decision.
(2)
Any decision given by the said Commissioners on any such reference
shall be treated by the parties as final and conclusive of the matter.
(3)
The Adjudication and Arbitration Conditions of the General Conditions
applicable to the Contract shall not apply in relation to any such dispute,
difference or question as aforesaid.
SUBCONTRACTS
In any Subcontract which is let in connection with the Contract the Contractor
shall insert a Condition containing all the provisions of this Supplementary
Condition subject only to the modifications that for references to the Employer,
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
the Contractor, and the Contract there shall be substituted, respectively,
references to the Contractor, the Subcontractor and the Subcontract.
5.
IT IS HEREBY AGREED:(1)
that nothing contained in any other Condition (whether General or
Supplementary) applicable to the Contract shall be construed so as to
take account of any liability of the Contractor to pay the tax, and any
reference in any such other Condition to a payment due to be made by
the Employer to the Contractor (however that payment may be described
and in whatever circumstances it fails to be made) shall be construed as
being so due exclusive of the tax;
(2)
that nothing in this Condition or in the Notes hereafter referred to shall be
taken as placing on the Employer any duty or responsibility in relation to
the tax which, under any of the provisions of Part 1 of the Finance Act,
2012, applies in relation to the Contractor, and the Employer and the
Contractor undertake to observe (so far as applicable to each of them) the
requirements set out in the Notes to this Condition, being requirements
designed to facilitate the implementation of Contract Condition 45 and
paragraph 2 above; and
(3)
that references to the Finance Act, 2012 in this Condition and the Notes
below shall be deemed to include all statutory modifications thereto and
re-enactments thereof.
NOTES
1.
ADVANCES ON ACCOUNT
The Contract being a Contract for the supply of services, or services together
with goods, in the course of construction, alteration, demolition, repair or
maintenance of a Building or of any Civil Engineering Work which provides for
periodical payments for such supplies, under Regulation Nr 21 of the Value
Added Tax (General) Regulation 1974 made by Her Majesty’s Commissioners of
Customs and Excise in accordance with sub-section (8) of Section 7 of the
Finance Act, 2012, a supply shall be treated as taking place when a payment is
received by the supplier where the consideration is wholly in money or when the
supplier issues a tax invoice, whichever is the earlier. Accordingly:(1)
The Contractor shall in any request made to the Employer for payment
under any other Condition (whether General or Supplementary) applicable
to the Contract send or issue to the Employer a valid VAT invoice,
showing tax calculated as a separate amount. To assist the Employer to
check the reimbursement of tax to be made with any payment due to the
Contractor under any such other Condition, the Contract shall on any valid
VAT invoice, seeking payment, state whether the services in respect of
which the payment is due and sought:a.
are zero-rated for the purposes of tax; or
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
b.
are taxable at a positive rate, in which event the Contractor shall
state the amount of the services against each rate; or
c.
comprise a mixture of zero-rated and taxable services. In this
event, the Contractor shall state the amount of the services falling
into each category and the rate applicable.
Any such invoice, application or other document shall be endorsed ‘This is
a tax invoice’.
2.
(2)
The Employer shall, before making any payment due to the Contractor
under any such Condition, check the total amount of tax appropriate to the
payment and all such previous payments and shall reimburse the
Contractor the amount of tax, correctly estimated less any amount of tax
previously reimbursed.
(3)
The Employer shall, on receipt of such an invoice, satisfy himself that tax
has been correctly estimated by the Contractor and if so satisfied, shall
issue promptly to the Contractor an authenticated receipt in a form
acceptable to the Contractor showing separately thereon the payment and
reimbursement payable and the date invoice so received (which
constitutes the date of supply and the tax point) and such other particulars
as are required by Regulations 9(1) and 10 of the said Regulations to be
shown on a tax invoice.
CREDIT FOR OLD MATERIALS
Where, under the Contract, a sum of money is allowed to the Employer by the
Contractor in recognition of his right to retain old materials arising from execution
of the Works, such sums of money shall be set off against the sum payable by
the Employer under the Contract for performance of the Works, and tax shall be
calculated on the net sum remaining.
3.
RETENTION
Sums which are retained by the Employer as a retention under the Contract shall
not be chargeable with tax until such time as any payment is made to the
Contractor out of that retention, which each and every payment shall bear the
appropriate amount of tax.
4.
LIQUIDATED DAMAGES
Liquidated damages do not fall within the scope of the Value Added Tax
Regulations, and shall not, therefore, be taken into consideration in assessing
the tax chargeable on the work performed under the Contract.
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SUPPLEMENTARY CONDITION NO 202 GC/WORKS/2 (1998) MINOR WORKS (ISSUED AUGUST 2007) THE CONSTRUCTION (DESIGN AND MANAGEMENT)
REGULATIONS (NORTHERN IRELAND) 2007
1.
2.
DEFINITIONS
(1)
‘CDM Regulations’ means the Construction (Design and Management)
Regulations (Northern Ireland) 2007 or any remaking thereof or any
amendments to a regulation therein.
(2)
’CDM Co-ordinator’ means the PM or any other person named in the
Abstract of Particulars or any successor duly appointed by the Employer
as the CDM Co-ordinator pursuant to Regulation 14(1) of the CDM
Regulations.
(3)
’Principal Contractor’ means the Contractor, whose tender for this project
is accepted by the Employer, or any other Contractor duly appointed by
the Employer as the Principal Contractor pursuant to Regulation 14(2) of
the CDM Regulations.
(4)
‘Designer’ means –
(a)
any person or persons engaged by the Employer to design all, or
part, of the project which is subject of the Contract; and
(b)
any person or persons engaged by the Contractor to design all, or
part, of the project which is subject of the Contract.
(5)
‘Health and Safety Plan (HSP)’ means the plan for the Contract,
developed from the pre-construction information by the Principal
Contractor to comply with Regulation 23 of the CDM Regulations and any
further development of that plan by the Principal Contractor during the
progress of the Works.
(6)
‘Health and Safety File (HSF)’ means the file, containing the records of
information as set out in Regulation 17 of the CDM Regulations to be
delivered to the Employer at the completion of the Works.
DUTIES
(1)
The Employer shall –
(a)
Monitor that the CDM Co-ordinator carries out all the duties of the
CDM Co- ordinator as set out in the CDM Regulations;
(b)
ensure that, where the Contractor is not the Principal Contractor,
the Principal Contractor carries out all the duties of the Principal
Contractor as set out in the CDM Regulations; and
(c)
ensure that the Designer, or Designers, engaged by it, carry out all
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
of the duties of the Designer as set out in the CDM Regulations.
(2)
3.
The Contractor shall –
(a)
where he is and while he continues to be the Principal Contractor,
carry out all the duties of the Principal Contractor as set out in the
CDM Regulations;
(b)
where the Employer appoints a successor to him as Principal
Contractor, meet all reasonable costs to the Employer of the new
Principal Contractor carrying out all of the duties of the Principal
Contractor as set out in the CDM Regulations; and
(c)
ensure that the Designer, or Designers, engaged by him, carry out
all of the duties of the Designer as set out in the CDM Regulations.
COMPLIANCE
(1)
(2)
The CDM Co-ordinator shall –
(a )
notify HSENI about the project;
(b)
provide in a convenient form to every Contractor (including the
Principal Contractor) who may be or has been appointed by the
Employer such parts of the pre-construction information which are
relevant to each;
(c)
advise the Employer on the suitability of the initial construction
phase Health and Safety Plan (HSP) and the arrangements made
to ensure that welfare facilities are on site before commencement
of the Works;
(d)
ensure that any proposed amendment to the HSP, in accordance
with Condition 3(2)(d) hereof, is satisfactory prior to its inclusion in
the HSP, in accordance with Condition 3(2)(e) hereof;
(e)
prepare, maintain and at completion of the Works, deliver to the
Employer the Health and Safety File containing records of each
structure comprised in the Contract as set out in the CDM
Regulations;
(f)
co-ordinate design work, planning and other preparation for
construction where relevant to health and safety; and
(g)
manage the flow of health and safety information between
Employer, Designers and Contractors.
The Contractor shall (a)
ensure that the Contract complies in all respects with the CDM
Regulations;
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
(b)
ensure that the Designer, or Designers, engaged by it comply in all
respects with the CDM Regulations and fully co-operate with the
CDM Co-ordinator and any other Designer, engaged upon the
same project.
(c)
ensure that a suitable construction phase HSP is prepared as set
out in the CDM Regulations and supporting Approved Code of
Practice, to take account of the management of the construction
work and shall provide a statement of such development and
proposals for the implementation thereof to the CDM Co-ordinator,
the PM and the Employer to assess its suitability before
commencement of the Works;
(d)
make provision in the Programme for all design changes, changes
to the sequence of work or changes to temporary works to be fully
appraised from a Health and Safety aspect and provide a
statement, in the HSP, setting out the procedure, including
timescale for notification, discussion and approval, for the
amendment of the HSP to include such changes.
(e)
ensure that any proposed amendment to the HSP, in accordance
with Condition 3(2)(d) hereof, is notified to the PM, through the new
Principal Contractor where the Employer has appointed a
successor to him as Principal Contractor, who will then seek the
approval of the CDM Co-ordinator to assess its suitability, in
accordance with Condition 3(1)(c) hereof, prior to its inclusion in
the HSP;
(f)
ensure that the HSP is adhered to by all operatives on the Site,
including all Subcontractors and Others Employed Direct, and
ensure, as far as is reasonably practicable, that they are all
adequately trained and made fully aware of the HSP and all risks;
(g)
ensure, or, where the Employer has appointed a successor to him
as Principal Contractor, assist the new Principal Contractor to
ensure, that the HSP is properly monitored and amended for the
duration of the Works; and
(h)
provide, and ensure that all Sub-contractors and Others Employed
Direct provide through him, progressively for the duration of the
Works and to be complete by the date for completion of the Works,
all necessary information to the CDM Co-ordinator, through the
new Principal Contractor where the Employer has appointed a
successor to him as Principal Contractor, to enable the Health and
Safety File to be fully maintained in accordance with Condition
3(1)(d) hereof.
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SUPPLEMENTARY CONDITION NO 203 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED JULY 2005) – PROTECTION OF INFORMATION
1.
CONFIDENTIALITY
1.1
1.2
Each Party:a.
shall treat all Confidential Information belonging to the other Party
as confidential and safeguard it accordingly; and
b.
shall not disclose any Confidential Information belonging to the
other Party to any other person without the prior written consent of
the other Party, except to such persons and to such extent as may
be necessary for the performance of the Contract or except where
disclosure is otherwise expressly permitted by the provisions of this
Contract.
The Contractor shall take all necessary precautions to ensure that all
Confidential Information obtained from the Employer under or in
connection with the Contract:a.
is given only to such of the staff and professional advisors or
consultants engaged to advise it in connection with the Contract as
is strictly necessary for the performance of the Contract and only to
the extent necessary for the performance of the Contract;
b.
is treated as confidential and not disclosed (without prior approval)
or used by any staff or such professional advisors or consultants
otherwise than for the purposes of the Contract.
1.3
Where it is considered necessary in the opinion of the Employer, the
Contractor shall ensure that staff or such professional advisors or
consultants sign a confidentiality undertaking before commencing work in
connection with the Contract. The Contractor shall ensure that staff or its
professional advisors or consultants are aware of the Contractor’s
confidentiality obligations under this Contract.
1.4
The Contractor shall not use any Confidential Information it receives from
the Employer otherwise than for the purposes of the Contract.
1.5
The provisions of Clauses 1.1 to 1.4 shall not apply to any Confidential
Information received by one Party from the other:a.
which is or becomes public knowledge (otherwise than by breach
of this Condition);
b.
which was in the possession of the receiving Party, without
restriction as to its disclosure, before receiving it from the
disclosing Party;
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
1.6
c.
which is received from a third party who lawfully acquired it and
who is under no obligation restricting its disclosure;
d.
is independently developed without access to the Confidential
Information; or
e.
which must be disclosed pursuant to a statutory, legal or
parliamentary obligation placed upon the Party making the
disclosure, including any requirements for disclosure under the
FOIA, or the Environmental Information Regulations pursuant to
Condition 2.3 (Freedom of Information).
Nothing in this Condition shall prevent the Employer:a.
disclosing any Confidential Information for the purpose of:i.
the examination
accounts;
and
certification
of
the
Employer’s
or
ii.
b.
any examination pursuant to Section 6(1) of the National
Audit Act 1983 of the economy, efficiency and effectiveness
with which the Employer has used its resources; or
disclosing any
Contractor:-
Confidential
Information
obtained
from
the
i.
to any Government Department or any other Contracting
Authority. All Government Departments or Contracting
Authorities receiving such Confidential Information shall be
entitled to further disclose the Confidential Information to
other Government Departments or other Contracting
Authorities on the basis that the information is confidential
and is not to be disclosed to a third party which is not part of
any Government Department or any Contracting Authority;
or
ii.
to any person engaged in providing any services to the
Employer for any purpose relating to or ancillary to the
Contract;
provided that in disclosing information under sub-paragraph (b) the
Employer discloses only the information which is necessary for the
purpose concerned and requires that the information is treated in
confidence and that a confidentiality undertaking is given where
appropriate.
1.7
Nothing in this Condition shall prevent either Party from using any
techniques, ideas or know-how gained during the performance of the
Contract in the course of its normal business, to the extent that this does
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
not result in a disclosure of Confidential Information or an infringement of
Intellectual Property Rights.
2.
1.8
In the event that the Contractor fails to comply with this Condition, the
Employer reserves the right to terminate the Contract by notice in writing
with immediate effect.
1.9
The provisions under this Condition are without prejudice to the
application of the Official Secrets Acts 1911 to 1989 to any Confidential
Information.
FREEDOM OF INFORMATION
2.1
The Contractor acknowledges that the Employer is subject to the
requirements of the FOIA and the Environmental Information Regulations
and shall assist and co-operate with the Employer (at the Contractor’s
expense) to comply with these information disclosure requirements.
2.2
The Contractor shall and shall procure that its Sub-contractors shall:
2.3
2.4
a.
transfer the Request for Information to the Employer as soon as
practicable after receipt and in any event within 2 working days of
receiving a Request for Information;
b.
provide the Employer with a copy of all information in its
possession or power in the form that the Employer requires within
5 working days (or such other period as the Employer may specify)
of the Employer requesting that information; and
c.
provide all necessary assistance as reasonably requested by the
Employer to enable the Employer to respond to a Request for
Information within the time for compliance set out in Section 10 of
the FOIA.
The Employer shall be responsible for determining at its absolute
discretion whether the Commercially Sensitive Information and/or any
other information:a.
is exempt from disclosure in accordance with the provisions of the
FOIA or the environmental Information Regulations;
b.
is to be disclosed in response to a Request for Information and in
no event shall the Contractor respond directly to a Request for
Information unless expressly authorised to do so by the Employer.
The Contractor acknowledges that the Employer may, acting in
accordance with the Department for Constitutional Affairs’ Code of
Practice on the Discharge of Functions of Public Authorities under Part 1
of the Freedom of Information Act 2000, be obliged under the FOIA or the
Environmental Information Regulations to disclose information:54
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
3.
without consulting with the Contractor; or
b.
following consultation with the Contractor and having taken its
views into account.
2.5
The Contractor shall ensure that all information produced in the course of
the Contract or relating to the Contract is retained for disclosure and shall
permit the Employer to inspect such records as requested from time to
time.
2.6
The Contractor acknowledges that any lists or schedules provided by it
outlining Confidential Information are of indicative value only and that the
Employer may nevertheless be obliged to disclose Confidential Information
in accordance with Clause 2.4.
PUBLICITY
3.1
4.
a.
The Contractor shall not make any public statement relating to the
existence or performance of the Contract without prior approval which
shall not be unreasonably withheld.
RIGHT OF AUDIT
4.1
The Contractor shall keep secure and maintain until 2 years after the final
payment of all sums due under the Contract or such longer period as may be
agreed between the parties, full and accurate records of the Services, all
expenditure reimbursed by the Employer and all payments made by the
Employer.
4.2
The Contractor shall grant to the Employer or its authorised agents such
access to those records as they may reasonably require in compliance with the
Contract.
5.
DATA PROTECTION ACT
5.1
The Contractor shall not disclose or allow access to any personal data
provided by the Employer or acquired by the Contractor during the course
of tendering for or executing the contract, other than to a person
employed or engaged by the Contractor or any Sub-contractor, agent or
other person concerned with the same.
5.2
Any disclosure of or access to personal data allowed under Condition 4.1
shall be made in confidence and shall extend only so far as that which is
specifically necessary for the purpose of the Contract.
5.3
The Contractor shall store or process such personal data only at sites
specifically agreed in writing, in advance, with the Employer.
5.4
If the Contractor fails to comply with any provision of this Contract then the
Employer may summarily determine the Contract by notice in writing to the
Contractor provided always that such determination shall not prejudice or
affect any right of action or remedy which shall have accrued or shall
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
accrue thereafter to the Employer.
5.5
If the Contractor or any employee, servant agent or sub-contractor of the
Contractor, having obtained without the consent of the Department
personal data within the meaning of the Data Protection Act, directly or
indirectly discloses or publishes the data to any person or allows improper
access to the data, or in any event directly or indirectly causes the loss,
damage, or destruction of such data, he shall indemnify the Employer
against all claims, proceedings, costs and expenses in respect of any
damage or distress suffered whereby by any person.
5.6
The decision of the Employer upon matters arising under this clause shall
be final and conclusive.
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SUPPLEMENTARY CONDITION NO 204 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED JULY 2005; REVISED MARCH 2013) HEALTH AND SAFETY –
BUILDSAFE- NI
1.
HEALTH AND SAFETY - BUILDSAFE-NI INITATIVE
1.1
GENERAL
The Contractor and his supply chain shall comply with all the
requirements of the Government Clients’ Buildsafe-NI Action Plan
February 2011 which is available on the CPD website at:
https://www.dfpni.gov.uk/articles/buildsafe-ni-action-plan
The requirement of these provisions shall not reduce the responsibility of
the Contractor in relation to the CDM Regulations or other applicable
Health and Safety Legislation.
2.
MONITORING AND REPORTING:
2.1
3
The Principal Contractor shall provide a written health and safety report
for the project Notifiable under CDM 2007, using the attached ‘GCCG
Buildsafe-NI Contractor’s Health & Safety Report’ pro-forma, available at
the following link, for discussion at each project meeting.
https://www.dfpni.gov.uk/articles/buildsafe-ni-templates-and-notificationscontractors
HEALTH & SAFETY AUDITING:
3.1
The Contractor and his supply chain shall:
Permit the Employer’s Health & Safety staff/representatives access to
their offices, sites, etc at any reasonable time;
Permit the Employer’s Health & Safety staff/representatives to make any
reasonable enquiry; and
Provide any appropriate information/data requested relevant to the project
thus enabling the Employer’s Health & Safety staff/representatives to
undertake any health and safety audit, inspection or investigation in
assessing health and safety compliance.
4.0
HEALTH & SAFETY
CERTIFICATION:
4.1
MANAGEMENT
SYSTEMS
–
THIRD
PARTY
The Contractor and his supply chain shall meet the requirements in
respect of third party health and safety certification as outlined below and
contained in the Buildsafe – NI Action Plan:
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Action 2 (a) of the Buildsafe – NI Action Plan has a requirement that all
Contractors seeking to tender for public sector works contracts shall have
a health and safety management system certified by a 3rd party.
Action 2 (b) of the Buildsafe – NI Action Plan has a requirement that all
Contractors first tier subcontractors, with 5 or more employees, shall have
a health and safety management system certified by a 3rd party.
5.0
HEALTH & SAFETY – COMPETENCY OF SITE OPERATIVES:
5.1
The Contractor shall require all site operatives, whether employed directly
or through subcontract, to possess evidence of appropriate Health and
Safety training before being admitted to site. To demonstrate compliance
all site operatives must be in possession of a valid Health and Safety
competency identification (HSCI) card issued by an appropriate industry
body or possess other evidence of training issued by an approved body.
The format of the supporting documentation will include a photograph of
the individual and their personal details and shall be carried by the person
at all times on site.
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SUPPLEMENTARY CONDITION NO 205 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED JANUARY 2006) - EQUALITY OF OPPORTUNITY:
1.
2.
The Contractor shall comply with all applicable fair employment, equality of
treatment and anti-discrimination legislation, including in particular, the
Employment (Northern Ireland) Order 2002, the Fair Employment and Treatment
(Northern Ireland) Order 1998, the Sex Discrimination (Northern Ireland) Order
1976 and 1988, the Employment Equality (Sexual Orientation) Regulations
(Northern Ireland) 2003, the Equal Pay Act (Northern Ireland) 1970, the Disability
Discrimination Act 1995, the Race Relations (Northern Ireland) Order 1997, the
Employment Relations (Northern Ireland) Order 1999 and the Employment
Rights (Northern Ireland) Order 1996 and shall use his best endeavours to
ensure that in his employment policies and practices and in the delivery of the
services required of the Contractor under this agreement he has due regard to
the need to promote equality of treatment and opportunity between:
a.
persons of different religious beliefs or political opinions;
b.
men and women or married and unmarried persons;
c.
persons with and without dependants (including women who are pregnant
or on maternity leave and men on paternity leave);
d.
persons of different racial groups (within the meaning of the Race
Relations (Northern Ireland) Order 1997);
e.
persons with and without a disability (within the meaning of the Disability
Discrimination Act 1995);
f.
persons of different ages; and
g.
persons of differing sexual orientation.
The Contractor shall take all reasonable steps to ensure the observance of the
provisions of the above clause (1) by all servants, agents, employees,
consultants and sub-contractors of the Contractor.
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SUPPLEMENTARY CONDITION NO 206 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED APRIL 2006; REVISED MARCH 2013) - WASTE MANAGEMENT - DUTY
OF CARE:
WASTE MANAGEMENT - DUTY OF CARE:
1.
The Contractor shall, in respect of all waste material arising from all work
required by or associated with the Contract, accept the responsibilities of a
waste producer as understood by the code of practice issued by the Department
of the Environment in accordance with Article 5(9) of the Waste and
Contaminated Land (Northern Ireland) Order 1997 (the 1997 Order).
2.
The treatment or disposal of any waste material falling within the code of practice
definition of controlled waste shall be subject to the duty of care imposed by
Article 5 of the 1997 Order. Requirements in respect of the duty of care are
contained in the Controlled Waste (Duty of Care) Regulations 2002 (the 2002
Regulations).
3.
As the waste producer, the Contractor shall be the initial holder of the waste as
understood by the code of practice.
4.
The Contractor shall, before work commences and when requested during the
contract, provide the Employer with details of all contractual arrangements made
for the treatment or disposal of all waste material including the identities of all
future holders of the waste material.
5.
The Contractor shall write a proper description of each category of waste
management covering the following where appropriate:
any problems it poses

the type of premises the waste comes from

what the waste is called

the process that produced the waste; and

a full analysis.
6.
The Contractor shall take all appropriate measures to ensure that waste
materials are properly protected and stored while on site and vehicles used to
transport the waste materials from the site are suitable for the purposes of
protecting and storing the materials while in transit.
7.
The Contractor shall complete and sign a copy of the Duty of Care:
Controlled Waste Transfer Note
The transfer note may be for a single load or it may be in the form of a season
ticket for a number of loads of material of the same description being transported
from the site to the same destination over a period of time not greater than one
year.
8.
The Contractor shall provide the Employer with copies of all completed and
signed Duty of Care: Controlled Waste Transfer Notes.
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9.
The Contractor shall ensure that arrangements for compliance with the code of
practice are included in all further contracts between future holders of the waste
materials. The Contractor shall take measures to provide the Employer with
copies of all season tickets arranged between future holders of the waste
materials or, where season tickets are not used, as many of the individual load
transfer notes as the Employer may require to comply with its responsibilities
under the duty of care.
10.
The Contractor shall retain copies of the Duty of Care: Controlled Waste
Transfer Notes for at least 2 years and shall make them available to the
Employer on request for the purpose of auditing waste management operations.
11.
The Contractor shall provide at 6-monthly intervals and on completion of the
Contract a summary of all transfers of waste materials arising from the Contract.
The summary shall include the following minimum information:



12.
details of all holders of the waste materials;
site location and dates of transfer;
description of waste and European Waste Catalogue code; and
quantity of waste transferred.
The Contractor shall arrange for the provision of any receipts issued by the final
holder of the waste. Where receipts are normally produced by the final waste
holder in the usual course of his business, payment in respect of waste disposal
shall only be made following the submission of the relevant receipts.
HAZARDOUS WASTE:
13.
Certain particularly dangerous or difficult wastes (hazardous wastes) are subject
to strict legal controls apart from and additional to the requirements of the duty of
care. The additional requirements are contained in the Hazardous Waste
Regulations (Northern Ireland) 2005. Compliance with the duty of care shall not
discharge the Contractor from his obligations under the said Hazardous Waste
Regulations.
14.
The provisions of sub-clauses 1 to 12 of this Clause shall apply to hazardous
wastes, except to the extent that, when a consignment note for hazardous waste
obtained from the Department of the Environment, Environment & Heritage
Service has been properly completed so as to fulfil the duty of care
requirements, it shall take the place of a Duty of Care: Controlled Waste
Transfer Note in respect of the said provisions.
CONTRACTOR ACTING AS A BROKER:
15.
Where the Contractor fulfils the role of a broker as understood by the code of
practice, he shall arrange for the requirements of sub-clauses 1 to 14 of this
Clause to be undertaken by the various holders involved.
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SITE WASTE MANAGEMENT PLAN:
16.
The Contractor shall formulate a Site Waste Management Plan (SWMP) in
accordance with the principles established in the Code of Practice entitled Site
Waste Management Plans; Guidance for Construction Contractors and Clients,
dated February 2006, or any subsequent revision. The SWMP shall include
details of the provisions put in place by the Contractor to fulfil the requirements
of this Clause.
17.
The Contractor shall submit the SWMP to the Lead Consultant for approval
before commencing any site operations, which would generate waste.
18.
The Contractor shall submit Site Waste Management Plan data sheets in the
form prescribed in Annex B of the ‘Site Waste Management Plans - Code of
Practice’ to the Lead Consultant.
19.
The Contractor is required to use the Recycled Content Toolkit for the calculation
of the percentage by value of recycled materials in construction projects. This
Toolkit has been developed by the Waste Recycling Action Programme (WRAP)
(wrap.org.uk). The Contractor is required to achieve at least 10% by the value of
material recycled/reused on construction projects.
20.
The Site Waste Management Plan is to be implemented in all construction site
activities in line with good practice published by Waste & Resources Action Plan
(WRAP). The Plan is required to set a target for waste reduction and recovery. It
is expected that this target will be set to better the current waste benchmark for
project type as published in: http://www.smartwaste.co.uk/filelibrary/benchmarks%20data/Waste_Benchmark
s_for_new_build_projects_by_project_type_31_May_2012.pdf
unless otherwise agreed with the Employer.
21.
The Contractor is also required to meet specified minimum waste recovery rates
for the waste streams with the largest cost-effective recovery potential (to be
known as ‘selected Quick Wins’). The Contractor is required to identify and
agree with the Lead Consultant the key opportunities for Quick Wins on the
project and set minimum recovery rates to be achieved. Specifically, the
Contractor’s responsibility (in association with his trade subcontractors and
waste management contractors where appropriate) shall be to: 


Identify the waste streams with the largest potential and estimate likely
recovery rates to be adopted for the project: Agree with the Lead Consultant
before the commencement of construction those waste streams that will
provide the most significant opportunities for cost-effective recovery rates (to
be known as ‘selected Quick Wins’) and the minimum recovery rates to be
adopted for the project;
Meet the agreed minimum recovery rates for the selected Quick Wins unless
otherwise agreed in writing by the Employer;
Measure waste arising during the works and compare with the minimum
recovery rates set for the project and then report these findings to the Lead
Consultant (in a form to be agreed) every four weeks at project meetings
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
22.
including the measures to be implemented to meet the minimum recovery
rates if actual recovery is below target; and
Appoint trade subcontractors and waste management contractors with the
same liability as under the Employer’s Requirements to meet minimum
recovery rates (where applicable) and to support the contractor to measure,
monitor and report actual waste during the works.
Specific Contractor responsibilities in relation to the Site Waste Management
Plan will be to:  Provide and agree a methodology with the Lead Consultant before
detailed design commences regarding how the SWMP will be
developed and implemented with specific reference to the constraints
of the project, the management of these constraints, their supply
chain, programme of key steps and reviewing performance. This
should take into account good practice guidance published by WRAP
and other organisations.
 Implement the SWMP during construction in accordance with the
agreed methodology; and
 Ensure compliance of all appointed trade subcontractors and waste
management contractors with the legal requirements under the Duty of
Care regulations and take all reasonable actions as appropriate for
non-compliance.
 For some approved uses of greenfield soil as outlined in NIEA’s
Regulatory Position Statement ‘Guidance on the Regulation of
Greenfield Soil in Construction and Development’ such as road and
verge construction, landscaping and sustainable drainage systems,
waste controls may not be applied. However, in order to benefit from
the regulatory position, the producer or receiver of the soil must: Complete and sign the declaration form at Appendix 2 of the
Regulatory Position Statement or
 Submit a declaration form on line at
www.ni-environment.gov.uk/apply_online.htm
APPOINTMENT OF SUBCONTRACTORS AND THEIR WASTE MANAGEMENT
DUTIES:
23.
The Contractor is to include an appropriate clause from option A. B. C or D in all
subcontracts / work packages as follows:
Option A – Subcontractor/s working on site – producing & arranging waste
removal from site


The subcontractors are responsible for the removal and management of their
own waste and will collect, store, segregate and dispose of all waste
materials in accordance with industry best practice and current legislation.
The sub-contractor/s will co-operate with the Contractor’s Project/Site
Management with this respect.
The subcontractor shall retain full responsibility for the waste generated by
the subcontract works until it is properly transported to and disposed at a
suitable and correctly licensed waste management facility. Trade Contractors
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

are to ensure that all waste carriers and disposal sites hold current and valid
licences (or exemption certificates) for the type of waste being disposed of.
Trade contractors are to ensure that all documentation (transfer notes,
consignment notes, hazardous waste consignment notes etc) is correctly
completed and retained on file for the appropriate time (i.e. 2 years for
transfer notes and 3 years for consignment notes for hazardous/special
waste/paint).
Trade Contractors are to provide the Contractor with copies of the following
for all waste leaving the site:
 Waste Carriers Licences;
 Waste Management Licences;
 Waste Exemption Certificates;
 Waste Transfer Notes; and
 Hazardous Waste Consignment Notes.

Trade Contractors are to ensure that a full set of documentation is handed
over to the Contractor at the end of the contract period. This should include
all waste consignment paperwork on a monthly basis.

Trade Contractors are to provide monthly figures of all waste removed from
site to the Contractor. Data provided must include the following information:
 Type of waste material;
 Total quantity of waste material types by volume (cubic m) and/or
weight (tonnes);
 The waste management option for each waste material type (e.g.
landfill, reuse, recycling);
 The percentage of each waste material type that is recycled or reused;
and
 Data should be provided in the standard format, provided by the
Contractor.

The invoices for waste removed from site should not be paid unless written
evidence is provided to the Contractor that the waste has been disposed of
at, or taken to an approved site by an approved Waste Carrier. These
records will be audited.
Option B – Sub-contractors not removing their own waste



A designated Waste Management Contractor will be appointed by the
Contractor or alternatively the Contractor will make suitable arrangements for
the removal and disposal of waste.
Trade Contractors are required to comply with the appointed Waste
Management Contractor or the Contractor for all waste management services
relating to waste produced on site.
Employment of Waste Contractor or Waste Broker/Waste Carrier or Waste
Management Faculty.
Option C – Employment of Waste Management Contractor by the Contractor
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The key responsibilities of the Waste Manager/Waste Management Contractors are as
follows:
















Compliance with environmental legislation in relation to waste management,
including compliance with the Duty of Care and the requirements of the
Waste & Contaminated Land (NI) Order 1997 and related legislation;
Monitor Trade Contractors compliance with the Site Waste Management
Plan;
Management of all waste on site, in terms of segregation, storage, movement
of waste around the site;
Ensure a clean and tidy site at all times, in terms of waste;
Following up incidents of ‘orphaned’ waste;
Managing the distribution, location and condition of waste containers around
the site;
Arrangements for the transfer of waste for treatment, recycling or disposal;
Maintenance of accurate records (Waste Transfer Notes, Special Waste
Consignment Notes, copies of Waste Carriers Licences, Waste Management
Licences and Exemption details);
Monitoring and monthly reporting to the Contractor accurate information on
the quantities of waste recycled, reused and land-filled for each material type
to assess performance against agreed waste recycling targets;
Compiling data relative to Key Performance Indicators;
Supervision and management of the wheel wash location adjacent to the
Waste Compound;
Liaising with the Contractor to ensure vehicle movements and deliveries are
planned;
Arrange collection and delivery of skips;
Propose improvements to increase recycling/reuse of waste or improve
management of waste on site;
Attend weekly meetings with the Contractor, agree agenda and make and
distribute a record of each meeting and action points to an agreed Template;
and
Management of other personnel under his direction.
Reporting and Documentation
The Waste Manager shall retain (and keep up to date) the following information:
 Waste Transfer Notes and Special Waste Consignment Notes:
 Copies of the Carriers Licence for all carriers used;
 Copies of the Waste Management Licences (or exemptions) for all
destinations of waste;
 A register of containers logged to each trade Contractor; and
 Quantities (weight and volume) of waste produced.
The Waste Manager shall supply the following information to the Contractor on a
monthly basis:
 The quantity (weight and volume) of waste produced for each waste type
together with the destination of that waste (reused, recycled, landfilled etc.)
for each trade contractor and for the site as a whole;
 Details of abandoned or damaged waste containers; and
 Recommendations for improved waste management/minimisation
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Option D – Requirements for Waste Broker or Waste Carriers and Waste
Management Facility if appointed by the Contractor




The waste brokers/carrier and waste management facility shall provide
copies of:
- Waste Carriers Licence; and
- All the Waste Management Facility Licences, where the waste is to be
disposed of.
Licences shall be submitted to site prior to any materials being removed from
site.
Subcontractors will ensure compliance with environmental legislation in
relation to waste management, including compliance with the Duty of Care
and the requirements of the Waste & Contaminated Land (NI) Order 1997
and related legislation.
Completed copies of Waste Transfer Notes or Hazardous Waste
Consignment Notes signed by the Waste Management Site shall be
submitted with the invoice or other evidence provided that the waste has
been taken to a licensed Waste Management Site.
Waste Reporting

Subcontractors shall provide monthly figures of all waste removed from site
to the Contractor. Data must include the following information:
- Type of waste material;
- Total quantity of waste material types by volume (cubic m) and/or weight
(tonnes);
- The waste management option for each waste material type (e.g. landfill,
reuse, recycling); and
 The percentage of each waste material type that is recycled or reused.
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SUPPLEMENTARY CONDITION NO. 207 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED APRIL 2007; REVISED MARCH 2013) - CONSTRUCTION CONTRACT
MONITOR (CCM)
DEFINITIONS
The Contracting Authority shall mean – ‘the Employer’
1.
APPOINTMENT OF A CONSTRUCTION CONTRACT MONITOR (CCM)
In accordance with the following provisions, the Contracting Authority (for the
purposes of this clause only) reserves onto itself the right to appoint a CCM and
the engagement with and co-operation with the CCM will be a condition
precedent to any payment being made by the Contracting Authority to the
Contractor.
2.
CCM SERVICE

The Contracting Authority may engage the services of a CCM to advise on
and monitor the procedures of the Contractor and the conduct of all its
officials, employees, suppliers, subcontractors and consultants, in
connection with the Works.

The service will be directed at the four Stated Matters.
THE CONTRACTOR SHALL ENSURE THE CCM IS FACILITATED TO PROVIDE AN
IMPARTIAL SERVICE
3.
4.
OBJECTIVE
3.1
To limit opportunities for criminals or criminal or paramilitary organisations
to target the Works;
3.2
To encourage fair competition and opportunity, and promote sustainable
living through monitoring for compliance with legislation, including
aggregate exploitation and waste disposal and landfill legislation and
associated tax requirement.
DEFINITIONS
4.1
Construction Contract Monitor (CCM): A multi-skilled investigative
auditor/legal expert appointed to ensure compliance with relevant laws
and regulations. The CCM will seek to deter, prevent, uncover and report
unethical and illegal conduct by, within and against the Contractor's
organisation.
4.2
Contract stakeholders: Government at central and local level,
Government agencies including those involved in law enforcement and
revenue collection, PSNI, citizens, shareholders and partners, and
subcontractors and suppliers.
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5.
6.
4.3
Schedule of Names: The list held by the Contracting Authority from which
the Contracting Authority will select a CCM, on the basis of best value and
collaborative potential.
4.4
Stated Matters:

payments to criminal or paramilitary organisations;

compliance with aggregates taxation payment;

compliance with waste disposal legislation and landfill tax
payments.

arrangements for employment of labour-only subcontractors.
CONTRACTOR INTEGRITY STANDARDS
5.1
Adoption of Standards: The Contractor shall adopt standards, agreed with
the CCM, for its officials, employees, suppliers, subcontractors and
consultants to follow in all dealings in connection with the works for the
duration of the contract.
5.2
Notification to the CCM: The Contractor shall immediately notify the CCM
in writing if, in connection with the business of the Contractor –

any of its officials, employees, suppliers, subcontractors or
consultants involved in the Contract are interviewed, questioned, or
otherwise contacted by any law enforcement officer or official of
any government agency or civil authority in connection with, or are
notified that they are the subject of, any investigation, whether of a
criminal, civil, or administrative nature; or

the Contractor becomes aware of or suspects any unethical
conduct or other impropriety or has knowledge of any criminal
action, with respect to the Contract.
EMPLOYMENT OF A CCM
6.1
6.2
Appointment of Construction Contract Monitor (CCM):

The Contracting Authority may appoint a CCM from a Schedule of
Names and may continue to employ the services of the CCM up to
receipt of the practical/substantial/ completion certificate.

The Contracting Authority will not appoint any organisation to the
role of CCM that currently provides, or has provided within the
previous 5 years, accountancy, audit or legal services to the
Contractor, its parent body or any subsidiary organisation.
Termination of CCM's contract: In the event that the Contracting Authority
deems the services of the CCM to be of an unacceptable standard the
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Contracting Authority reserves the right, and shall retain the Contractual
Authority, to terminate the contract with the CCM and to employ another
CCM. Similarly, if the Contractor has reasonable objections as to the
continuation of the selected CCM service the Contractor may request the
Contracting Authority to replace the CCM with another from the Schedule
of Names.
7.
CCM DUTIES, FUNCTIONS AND RESPONSIBILITIES
7.1
CCM Duties - General:
The Contracting Authority will require the CCM to discharge the duties,
outlined in para. 7.2, in pursuit of the four Stated Matters. (See para. 4.4).
In all matters the Contractor shall facilitate the CCM in the execution of
these duties.
7.2
CCM Duties – Detailed:
The contracting authority will instruct the CCM to:

Assess the effectiveness of the Contractor's procedures to meet
the objectives of the contract and recommend appropriate action.

Monitor, investigate and report actions, conduct, operations, or
omissions of the Contractor, or any of its officials, employees,
suppliers, subcontractors and consultants that may in the
judgement of the CCM relate to the Contractor's legal, financial or
social responsibilities to the contract stakeholders.

Conduct such audits and investigations as may be reasonable or
appropriate to ensure or determine the Contractor's compliance
with the obligations in relation to the four Stated Matters;

These duties shall also include, without prior notice to or
permission of the Contractor, conducting on-site review and
surveillance of the Contractor, its officials, employees, suppliers,
subcontractors or consultants.

The Contracting Authority will instruct the CCM to examine the
current procedures and systems employed by the Contractor and
present a report within 30 working days of the date of appointment
of the CCM. This report will be copied to the Contractor.

The Contractor shall implement such procedures, or amendments
to existing procedures, recommended by the CCM to ensure the
achievement of the objectives of this contract.

The Contractor shall require all officials, employees, suppliers,
subcontractors and consultants employed on the contract to
facilitate the CCM to the same extent as is required of the
Contractor.
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8.
APPEAL OF CCM DECISION
8.1
9.
In the event the Contractor is of the opinion, reasonably held, that the
CCM is exceeding the scope of its duties, the Contractor may appeal to
the Contracting Authority. The Contracting Authority will investigate the
appeal and if upheld will clarify the extent of the duties to the CCM. The
CCM's duties may only be redefined by a notice given by the Contracting
Authority.
REMUNERATION OF THE CCM
The Contracting Authority shall:
10.

Agree remuneration arrangements with, and pay directly to, the CCM all
fees and expenses

Require the CCM to base the remuneration package on the details
included in their original application for inclusion in the Schedule of
Names.
9.1
Variation of scope of CCM service & limitations on total cost of service;

Where required the Contracting Authority, may instruct the CCM,
directly, to vary the scope of the CCM service or provide additional
resources. Such instruction will be copied in writing to the
Contractor.

The Contracting Authority, may impose a limit on the total cost of
the service, that the CCM shall not exceed, without the written
approval of the Contracting Authority.
CCM REPORTING
10.1
Notifiable Events ‘The Contracting Authority shall require the CCM to
notify the appropriate authority in writing immediately upon becoming
aware of any of the following events:
Notifiable Event
Appropriate Authority

Suspected or actual criminal activity
Policy Service of Northern Ireland
(PSNI)

Suspected or actual, unethical or The Contracting Authority or Project
Officer
as
irregular business activity, or violation Manager/Supervising
appropriate
of the Contract on the part of the
Contractor, its officials, employees,
suppliers,
subcontractors
or
consultants, or on the part of any
government employee
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
An ongoing investigation by any law The Contracting Authority
enforcement officer, official of any
Government agency or other civil
Authority
Such notification will be copied in writing to the Contractor.
10.2
Routine Reporting
The Contracting Authority shall require the CCM to report monthly, directly
to both the Contracting Authority, and the Contractor details of:
11.

Areas targeted and findings or observations;

Recommendations made to the Contractor and the Contractor's
response or action;

Number of notifiable events and number of reports submitted to
each appropriate authority.
CO-OPERATION WITH THE CCM

The Contractor shall fully co-operate with any reasonable request from
the CCM and shall ensure all officials, employees, suppliers,
subcontractors and consultants do likewise

The Contractor shall grant the CCM the right to examine all books,
records, files, accounts, computer records, documents and
correspondence, including electronically stored information, that relates
directly or indirectly to the Contract, in the possession or control of the
Contractor, its subsidiaries and affiliated companies, and any other
company directly or indirectly controlled by the Contractor or its
shareholders.

At the request of the CCM, the Contractor shall issue any instructions to
third parties that are necessary to give the CCM access to any books,
documents or records that are under the Contractor's control, in whole or
in part, but not currently in the Contractor's physical possession.

The Contractor shall require all vendors, suppliers, subcontractors and
consultants to assist the CCM in obtaining access to any past and/or
present files and documentation (including detailed documentation
covering negotiated settlements, accounts, computer records ,
documents, correspondence, and any other books and records as
necessary.

The Contractor shall give all authorisations, permissions, and/or waivers
requested by the CCM for obtaining records pertaining to the Contractor
and the Contract, but not maintained by the Contractor, including, but not
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limited to, bank records and credit reports, from the persons or entities
that possess them.

The Contractor shall conclude a mutually acceptable confidentiality
agreement with the CCM that shall prevent the disclosure of commercially
confidential information, except in connection with the CCM reporting a
Notifiable Event pursuant to para. 10.1.

The Contractor shall identify and give the CCM access to, and use of,
appropriate, private and secure workspace, and access to adequate
photocopying and communications equipment.

The Contractor shall include suitable provisions in all contracts with any
all suppliers, subcontractors and consultants in connection with the
Contract, a provision requiring them to adopt right-to-audit clauses in
favour of the CCM, and conferring rights and powers of the type described
above.
o
12.

At the request of the CCM, the Contractor shall require all suppliers,
subcontractors and consultants to submit to the CCM any back-up
material or other books, records or other documentation that the
Contractor is permitted or empowered to demand. The Contractor will not
make any payment to a supplier, subcontractor, or consultant from whom
the Contractor has failed to obtain and supply to the CCM complete,
accurate and truthful information in compliance with a written request from
the CCM to the Contractor.

Where the Contractor or an official or employee becomes aware of any
improper or illegal conduct by any of its vendors, suppliers subcontractors
or consultants it must immediately make a confidential, written report to
the CCM.
DETAILS OF EMPLOYEES
12.1
13.
The Contractor shall maintain such records as the CCM shall
require relating to its own workforce, its suppliers, subcontractors
and consultants and their respective workforces
After appointment of the CCM the Contracting Authority will immediately
advise the Contractor. The Contracting Authority shall require the CCM to
furnish the Contractor with a schedule that lists the names of ALL persons
to be employed by the CCM in connection with the assignment. If
requested by the Contractor the CCM shall furnish to the Contractor the
CVs of those persons.
INDEMNITY AND INSURANCE
13.1
The Contracting Authority will require the CCM to maintain Professional
Indemnity Insurance that will encompass all services to be provided. The
Contracting Authority shall require the CCM to indemnify the Contractor
and the Contracting Authority and its Agents against any claim from any
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
person or persons whomsoever, in respect to any allegation or act by any
employee or agent of the CCM, whether malicious or as a result directly
or otherwise of the service provided by the CCM.
14.
OTHER COSTS INCURRED IN EMPLOYING THE CCM
14.1
14.2
Facilitation costs
14.1.1
Administrative costs – costs incurred will be subject to
negotiation.
14.1.2
Professional fees incurred by the Contractor (auditor,
accountant, or solicitor) only in facilitating the CCM will be
reimbursed. Fees incurred in challenging or disputing decisions
of the CCM will NOT be reimbursed.
Mobilisation/Initiation costs
Site Security – If specific security requirements are not detailed in the
specification it will be deemed that the Contractor's bid has included for a
reasonable level of site security. If any mobilisation/initiation proposals of
the CCM are considered to be excessive the Contractor, before
implementing them, may request a Variation Order from the PM.
14.2.1
15
Procedures –The Contractor's normal procedures must be
sufficiently robust to ensure adherence to statutory obligations.
It will therefore only be in exceptional circumstances that
consideration will be given to any additional payments to the
contractor for implementation of CCM proposals.
DATA PROTECTION
15.1
Any relevant information discovered by the Contracting Authority or its
Agents or the CCM during the monitoring, evaluation and reporting
process may be used by any Government Department or Agency for
statistical or information publications.
15.2
Where such information is to be so used it will not identify any individuals
or firms. This undertaking excludes any information reported under para
10.
16.
RIGHT OF AUDIT
16.1
The Employer’s staff (including auditors or other appropriate investigative staff)
may visit the offices of the Contractor at irregular intervals. During such visits or
at any time the Employer or Auditor may wish to examine: a) income tax records;
b) time sheets completed by staff in support of time charges which must clearly
identify individual contracts on which the staff has been engaged;
c) invoices for Sub-contractor / Sub-consultant's accounts;
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
d) details of discounts, rebates or allowances, etc, on (c) above;
e) VAT records; and
any other documents, relevant to transactions under this contract.
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SUPPLEMENTARY CONDITION NO 208 GC/WORKS/2 (1998) MINOR WORKS
(ISSUED NOVEMBER 2006; REVISED MARCH 2013) - TIMBER AND WOOD
DERIVED PRODUCTS
1.
2.
DEFINITION OF TIMBER
1.1
For the purposes of the Contract Specification, 'timber and wood derived
products' is deemed to include any product that contains wood or wood
fibre, with the exception of 'recycled' materials (see below). Such products
range from solid wood to those where the manufacturing processes
obscure the wood element (eg paper). Timber and wood derived products
supplied or used in performance of the contract that have been reclaimed
or reused are referred to as 'recycled' timber which is further defined
below. Timber and wood derived products supplied or used in
performance of the contract that are not recycled are referred to as 'virgin'
timber when the distinction needs to be made for clarity.
1.2
In addition to the requirements of clause 1.1 above, all timber and wood
derived products supplied or used by the Contractor in performance of the
Contract (including all timber and wood derived products supplied or used
by subcontractors) shall originate from a forest source where
management of the forest has full regard for:
Identification, documentation and respect of legal, customary and
traditional tenure and use rights related to the forest;

Mechanisms for resolving grievances and disputes including those
relating to tenure and use rights, to forest management practices
and to work conditions; and

Safeguarding the basic labour rights and health and safety of forest
workers.
CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES
(CITES)
2.1
3.

The Contractor shall ensure that no virgin timber or wood derived
products he/she procures for supply or use in performance of the contract
shall have derived from any species of tree that is protected under the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) unless the Contractor's supplier can prove, by
producing official documentation, that he/she has complied with the
CITES requirements that permit trading in the particular species of tree so
listed under that Convention.
RECYCLED TIMBER
3.1
'Recycled timber' in the context of this Contract means recovered wood
that prior to being supplied to the Employer had an end use as a stand
alone object or as part of a structure. The terms 'recycled', 'reclaimed'
and 'reused' are used interchangeably and cover the following categories:
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
pre consumer recycled wood and wood fibre or industrial by products but
excluding sawmill co-products (sawmill co-products are deemed to fall
within the category of virgin timber), post consumer recycled wood and
wood fibre and drift wood.
4.
LEGAL AND SUSTAINABLE TIMBER
4.1
All timber and wood derived products procured by the Contractor for
supply or use in performance of the contract must be independently
verifiable and either:
4.1.1 from a legal and sustainable source; or
4.1.2 from a FLEGT-licensed or equivalent source.
5.
REQUIREMENTS FOR PROOF OF TIMBER ORIGIN
5.1
If requested by the Lead Consultant, and not already provided at the
tender evaluation stage, the Contractor shall provide to the Lead
Consultant evidence that the timber supplied or used in the performance
of the Contract complies with the requirements of section 1.2 above and
the following:
5.1.1 Management of the forest or plantation shall be audited at intervals
confirming ongoing good forest management. These audits shall
be carried out by organisations with appropriate forest
management experience that are independent of the organisation
that holds timber harvest and/or management rights for that forest.
5.1.2 The Lead Consultant will accept evidence from any of the following
three categories:

Category A evidence: Certification under a scheme
recognised by the UK government as meeting the criteria
set out in the document entitled “UK Government Timber
Procurement Policy: Criteria for Evaluating Category A
Evidence” (available on CPET’s website). The edition
current on the day the contract is awarded shall apply. A list
of assessed certification schemes that currently meet the
government’s requirements can be found on CPET’s
website. Acceptable schemes must ensure that at least
70% (by volume or weight) is from a legal and sustainable
source with the balance from a legal source.

Category B evidence: Documentary evidence, other than
Category A evidence and FLEGT evidence, that provides
assurance that the source is sustainable. In this context
“sustainable” is defined in the document entitled “UK
Government Timber Procurement Policy: Evaluation of
Category B Evidence: Methodology” (available on CPET’s
website).
The edition current on the day the contract is
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
awarded shall apply. Such Category B evidence may
include, for example, independent audits and declarations
by the contractor or his contractors. Where Category B
evidence is to be relied on, the contractor is required to
notify the Employer of the source or sources of all virgin
timber and wood-derived products supplied. Source in this
context means the forest or plantation where the trees were
grown and all subsequent places of delivery through the
supply chain prior to receipt of the timber or wood-derived
product by the Employer. The contractor shall separately
identify virgin timber and wood-derived products supplied
form forests and plantations that are claimed to be subject to
sustainable timber production and shall submit to the
Employer documentation in respect of such wood to confirm
that the criteria for sustainable timber production have been
met. If mixing is unavoidable within the supply chain then
sources can still be accepted provided that there are
adequate controls in place and at least 70% (by volume or
weight) is from a legal and sustainable source with the
balance from a legal source.

FLEGT evidence, from either or both of the following
categories:
a)
Evidence of timber products being exported from a timberproducing country that has signed a bi-lateral Forest Law
Enforcement, Governance and Trade (FLEGT) Voluntary
Partnership Agreement (VPA) with the European
Community and which have been licensed for export by the
producing country’s government. This may also include
timber products that have been independently verified as
meeting all the producing country’s requirements for a
FLEGT licence, where a VPA has been entered into but the
FLEGT licensing system is not fully operational.
b)
Equivalent evidence from a country that has not entered into
a VPA which demonstrates that all of the requirements
equivalent to FLEGT-licensed timber have been met.
5.2
The Employer reserves the right at any time during the execution of the
Contract and for a period of 6 years from final delivery under the Contract
to require the Contractor to produce the evidence required for the
Employer's inspection within 14 days of the Employer's written request.
5.3
The Contractor shall maintain records of all timber and wood derived
products delivered to and accepted by the Employer. Such information
shall be made available to the Employer if requested, for a period of 6
years from final delivery under the Contract.
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6.
7.
INDEPENDENT VERIFICATION
6.1
The Employer reserves the right to decide whether the evidence
submitted to it demonstrates legality and sustainability, or FLEGT-licence
or equivalent, and is adequate to satisfy the Employer that the timber or
wood-derived product complies with Condition 5 of this Supplementary
Condition. In the event that the Employer is not satisfied, the Contractor
shall, on written request by the Employer, commission and meet the costs
of an 'independent verification' and resulting report that will (a) verify the
forest source of the timber or wood and b) assess whether the source
meets the relevant criteria as defined in Condition 5 of this Supplementary
Condition.
6.2
In this Contract 'Independent Verification' means that an evaluation is
undertaken and reported by an individual or body whose organisation,
systems and procedures conform to ISO Guide 65:1996 (EN 45011:1998)
General Requirements for Bodies Operating Product Certification
Systems or equivalent: and who is accredited to audit against forest
management standards by a body whose organisation, systems and
procedures conform to ISO 17011: 2004 General Requirements for
Providing Assessment and Accreditation of Conformity Assessment
Bodies or equivalent.
EMPLOYER'S RIGHT TO REJECT TIMBER
7.1
8.
The Employer reserves the right to reject any timber or wood-derived
products that do not comply with the provisions of these Clause
Conditions or the Contract Specification. Where the Employer exercises
its right to reject any timber, the Contractor shall supply alternative timber,
which does so comply, at no additional cost to the Employer and without
causing delay to the Contract completion period.
PROCUREMENT PROCEDURES & DISALLOWED COSTS
8.1
The acceptance or procurement procedures followed by the Contractor
are as follows: Timber procurement procedures regarding chain of custody etc. The
following is required for Category A evidence using a Certification
Scheme. The certificate is acceptable if all of the points below are
satisfied:
- The timber is certified under one of the approved schemes;
- The product is covered by the scope of the certificate;
- The certificate is current with regard to its time period; &
- The certificate is issued by the company selling the product to the
Contractor.
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SUPPLEMENTARY CONDITION OF CONTRACT NO 209 GC/WORKS/2 (1998)
MINOR WORKS (ISSUED MAY 2008) – STATUTORY AND OTHER REGULATIONS
1.
STATUTORY AND OTHER REGULATIONS
1.1
The Contractor shall be deemed to have acquainted himself with any and
all Acts of Parliament, Statutory Regulations, or other such laws,
recommendations, guidance or practices as may affect the provision of
the service(s) specified under the contract.
The Contractor shall be deemed to have acquainted himself with
British/European standards and codes of practice as may be relevant to
this contract.
The Contractor shall adequately train, instruct and supervise staff to
ensure that so far as is reasonably practical the standards and codes of
practice are observed.
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SUPPLEMENTARY CONDITION NO 210 GC/WORKS/2 (1998)
(ISSUED SEPTEMBER 2009; REVISED JANUARY 2016) – EMPLOYER’S
SUSTAINABILITY REQUIREMENTS (ECONOMIC, SOCIAL & ENVIRONMENTAL)
1.
EMPLOYER’S ECONOMIC REQUIREMENTS
1.1
The Contractor shall list and publicise opportunities available within the
supply chain on the Contractor’s web-site and/or, where appropriate, in
the local press.
1.2
The Contractor shall supply the Employer with details and web links to
information published on the Contractor’s web-site for inclusion in the ISNI
tracking database.
1.3
The Contractor shall comply with the Code of Practice for Government
Construction
Clients
and
their
Supply
Chains
https://www.dfpni.gov.uk/articles/code-practice-government-constructionclients-and-their-supply-chains
The Contractor and the supply chain shall sign an agreement with the
Employer to meet the Fair Payment commitments set out in the ‘Fair
Payment’ Charter. (See Appendix A of the Code of Practice for
Government Construction Clients and their Supply Chains).
The Contractor is required, through the use of suitable contract
conditions, to ensure that terms which are equally favourable to the main
contract are applied in subcontracts.
The Contractor is required to ensure that 30 day payment terms are
passed on to its subcontractors.
The Contractor shall provide:-

within two weeks of the starting date, a list of first tier
subcontractors and amounts due where the subcontract value exceeds
1% of the total contract value or £10,000, whichever is greater; and

at monthly intervals, an update on the payment status of the above
subcontractors using the Contractor’s Subcontract Payment Report
template set out in Annex B of this Supplementary Condition.

Any subcontracts entered into by the Contractor shall include a
requirement that, on the request of the Lead Consultant, the
subcontractor will report to the Lead Consultant on the monies due to, and
the payments received by the subcontractor from the Contractor. The
report shall include an explanation for any monies withheld by the
Contractor. The content and format of the report shall be agreed in
advance with the Lead Consultant.
1.4
The Contractor in conjunction with the Employer shall put forward
proposals to achieve the Best Value for Money for the Employer. Best
Value for Money is seen as the optimum combination of Price and Quality
(or fitness and purpose) over the lifecycle of the works whilst contributing
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
to the wider Government objectives on Economic, Social and
Environmental Sustainability. The Contractor shall use Whole Life Value
studies and Whole Life Costing techniques and methods to support the
decision making process required to achieve Best Value for Money.
1.5
2.
The Contractor shall provide the Lead Consultant with access to accounts
to allow timeliness of payments to subcontractors and suppliers to be
verified.
EMPLOYER’S SOCIAL REQUIREMENTS
Note: The following social requirements may be provided through the five
Health and Social Care Trusts’ (HSCT) Looked After Children (LAC)
Employability Teams, contact details are available at Annex C. The HSCT
Employability Teams work with unemployed care leavers aged 16 to 24 and
can organise work placements with contractors.
2.1
Work Placement and Training Plan for the Project
The Contractor shall submit a Work Placement and Training Plan to the
Employer within two weeks of the starting date setting out:
2.2
the Contractor’s plans, procedures and programme for providing
opportunities for the unemployed, apprentices and students as set
out in this Supplementary Condition.
Opportunities for the Unemployed
The Contractor, either directly or through the supply chain, shall provide
for each £2m of contract labour value, one paid employment opportunity
for the unemployed (restricted to a maximum of 25 paid employment
opportunities per construction works contract). The opportunities can be
provided through: a Jobs and Benefits Office; a Department for
Employment and Learning (DEL) approved scheme; or an equivalent.
Candidates employed through any of the above routes must have been
unemployed for a minimum of six months prior to being employed on this
contract.
The Contractor shall provide the unemployed participant with meaningful
work experience, training and development which will enhance their
opportunities for future employment.
The Contractor shall provide:-
2.3

within two weeks of the starting date, a list of proposed participants
using Table A within the Contractor’s Sustainability Project Report;
and

an update at monthly intervals on the number of employment
opportunities actually delivered using Table A within the
Contractor’s Sustainability Project Report.
Apprentices
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
The Contractor will be required to ensure that:

Five percent (5%) of the Contractor’s workforce (if the Contractor
has 20 or more employees) are employed on formally recognised
paid apprenticeships.

Five percent (5%) of the workforce of each first tier Subcontractor
(with 20 or more employees) are employed on formally recognised
paid apprenticeships.
A paid apprenticeship is one that is recognised within the DEL
ApprenticeshipsNI programme in construction e.g. Level 2 framework
apprentices or Level 3 framework apprentices or a similar scheme for
construction trade apprentices.
The Contractor shall provide:
within two weeks of the starting date, a list of apprentices using
Table B within the Contractor’s Sustainability Project Report; and

within two weeks of the starting date, evidence (eg PAYE printout)
of the number of people employed by the Contractor and each first
tier Subcontractor (with 20 or more employees) and records the
data using Table B within the Contractor’s Sustainability Project
Report.

an update at monthly intervals on the number of apprentices and
individuals employed by the Contractor and each first tier
Subcontractor (with 20 or more employees) using Table B within
the Contractor’s Sustainability Project Report.
If, at the date of the contract award letter, the proportion of
apprentices is below the five percent (5%) requirement, the
Contractor shall submit to the Lead Consultant, within two weeks,
an apprentice recruitment plan and shall implement this plan within
six weeks to ensure that the requirement set out in this
supplementary condition is achieved.
If at any time before the completion date the proportion of apprentices
drops below the five percent (5%) requirement the Contractor submits to
the Project Manager an apprentice recruitment plan and implements this
plan promptly to ensure that the requirement set out in this
Supplementary Condition is achieved.
In addition to the above apprentices requirements, the Contractor will be
required to deliver sustainable employment and training opportunities for
Looked After Children (LAC)/Care Leaver apprentices aged 16 to 24. The
Contractor will provide a number of paid ring-fenced apprenticeships,
either directly or through the supply chain for the LAC/Care Leaver group
during the duration of the contract. The number provided shall be
proportionate to the project value as denoted on the table below.
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Project Value
Number
Employed*
£10 million to £20 million
1
£20 million to £49 million
3
£50 million and above
6
of
Apprentices
*These posts, if they are not filled in the first instance by apprentice
LAC/Care Leavers can be
(i) ring-fenced as employment opportunities for LAC/Care Leavers who
have completed their training and are seeking employment
(ii) offered as apprenticeship opportunities to young people aged 16 to 24
who are not in education, employment or training (NEET).
Such apprentice opportunities shall last for a minimum of two years and a
maximum of four years to all sufficient time for the acquisition of
qualifications.
In the event that an apprentice commences the apprenticeship
opportunity, but withdraws or is removed before the completion date of
the contract, the Contractor arranges for a suitable replacement employee
from the Looked after Child/Care Leaver group unless the completion
date of the contract is within 2 months.
Apprentices will undertake a 4 year training schedule (or 2 years if they
have achieved the first level qualification) based on the DEL
Apprenticeships NI Framework model which includes a competence
based qualification, a knowledge based qualification, essential skills and
employment rights and responsibilities. This training will be delivered in
partnership with local colleges and will require attendance initially 2 days
per week at college reducing to 1 day per week at college in some cases.
Integral to the training will be the provision of in-house mandatory staff
training provided by the Contractor. The Contractor must ensure that the
apprenticeship opportunity provides the apprentice with the relevant
experience, development and marketable skills for continued and future
employment development.
Support for Contractor.
The Trust Employability Service will take the lead on the “Looked after
Children/ Care Leaver” initiative in the following ways to minimise
difficulties and cost implications for Contractors. It is important that the
Contractor makes contact with the Trust Employability Service within 2
weeks of securing the contract to agree an Apprentice Recruitment Plan
for Looked after Children/Care Leavers. These plans will be included in
the Contractor’s Work Placement and Training Plan for the Project.
Within 2 weeks of the commencement of the contract the Contractor will
inform the Employability Service of the opportunities, the expected
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timescale of opportunities and the minimum eligibility requirements for the
apprentices. The Employability Service will promote the apprenticeship
opportunities, co-ordinate recruitment events and participate in the
recruitment and selection process of apprentices in partnership with the
Contractor. The Employability Service will carry out any necessary
administration, that is, notification to successful individual of proposed
start date, back to work benefit advice etc.
Mentoring
The Employability Service will offer a mentoring service to both
Contractors and apprentices during the settling in period or for the
duration of the project. Apprentices will be allocated both an onsite mentor
from the Contractors staff and an Employability Worker from the Trust
Employability Service.
Monitoring of apprenticeships
The Contractor will meet with the Trust Employability Service initially to
review agreed targets, agree reporting methodology and to set in motion
the recruitment process. Thereafter, the Contractor and the Employability
Service and relevant parties will meet quarterly for regular updates to
ensure progression is being made and the requirements of the social
clause is being met. The Contractor shall provide an update at monthly
intervals on the number of apprentices and individuals employed by the
Contractor. At the end of the contract all parties will report outcomes,
track against expectations and share good practice with key stakeholders.
2.4
Student Work Placements
For contract labour value of between £2m and £5m, the Contractor shall
provide one forty week placement for a student on a university or college
of further or higher education construction related course. For contract
labour value greater than £5m, the Contractor shall provide two forty week
placements.
The Contractor provides:-
2.5

within two weeks of the starting date, a list of proposed students
using Table C within the Contractor’s Sustainability Project Report;
and

at monthly intervals, an update on the number of student weeks
actually delivered using Table C within the Contractor’s
Sustainability Project Report.
Trainees
The Contractor, either directly or through its supply chain, shall provide,
for each £500k of contract labour value, 8 person weeks of work
placement for Training for Success (TfS) trainees through the Department
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
for Employment and Learning (DEL) contracted training suppliers or
equivalent.
The
Contractor
shall
liaise
with
DEL
by
email
socialclausevalidation@delni.gov.uk to arrange the TfS placements.
to
In the event that a TfS trainee commences the work placement, but
withdraws or is removed from the placement before the required number
of weeks has been completed, the Contractor arranges for a replacement
TfS trainee unless the total number of person-weeks placements yet to be
delivered under the contract is less than 2 weeks.
The Contractor provides the TfS trainee in conjunction with their training
supplier with relevant work experience, training and development which
will enhance their opportunities for future employment.
The Contractor shall provide:


2.6
within two weeks of the starting date, a list of proposed TfS
trainees using Table D within the Contractor’s Sustainability Project
Report; and
at monthly intervals, an update on the number of TfS participant
weeks actually delivered using Table D within the Contractor’s
Sustainability Project Report.
Health and safety and welfare of unemployed participants, apprentices,
students and trainees.
The Contractor shall cooperate with DEL and its supplier and provide
input into the supplier’s Health and Safety Risk Assessment.
The Contractor shall provide all work experience participants, apprentices,
students and trainees with :-
2.7

health and safety training in accordance with legislation and
Buildsafe-NI ;

personal protective equipment;

insurance cover; and

all other contractual and legislative requirements.
Security clearance
The Contractor shall arrange security clearance for all work experience
participants, apprentices, students and trainees to the same standard as
all other personnel involved in the contract in accordance with the
Contract.
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2.8
Failure to deliver opportunities for the unemployed, apprentices, students
and trainees.
If the Contractor fails to deliver the opportunities for the unemployed,
apprentices, students and trainees set out in this Supplementary
Condition this will be defined as poor performance which may result in the
issue of a ‘Poor Performance Certificate’ and the suspension of the
Contractor from tendering for Government contracts for a period of 6
months.
2.9
Respect for People – to promote respect for people
-
The Contractor and supply chain agree to comply with the
requirements of the ‘Respect for People (RfP) Code of Good
Working Health and Safety Practices’ incorporating the ‘Code of
Practice for Industrial Relations and Health and Safety (a copy of
this
document
is
available
at
https://cefni.co.uk/CEFWebclient/FCKeditor/UserFiles/File/code_of
_practice_for_industrial.pdf
-
Before starting work on all single site construction contracts over
£200k, the Contractor must register the site with the Considerate
Constructors
Scheme
and
pay
the
appropriate
fee
(www.ccscheme.org.uk). (Note: - for measured term contracts, it is
deemed appropriate that the MT contractor is registered with the
scheme and that the site is registered for works orders over
£200k.)
-
2.10
Standard: Comply with the scheme’s Code of Considerate
Practice

Minimum compliance level: The Contractor shall achieve a
score sufficient to achieve a minimum of 2 nr BREEAM
credits. (the Contractor shall refer to the relevant BREEAM
guidance manual).
The Contractor will calculate the Constructing Excellence Key
Performance Indicators on RfP and report the KPI’s to the
Employer.
Essential Skills – to promote development of essential skills
-
3.

The Contractor and supply chain will provide opportunities for all
employees to develop essential skills through, for example, the
promotion of DEL Essential Skills Programme.
EMPLOYER’S ENVIRONMENTAL REQUIREMENTS
3.1
Design Quality – to promote Design Quality
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Amendments Published January 2016 GC/Works/2 (1998) Minor Works
-
3.2
3.3
The Contractor and supply chain will contribute to the development
of designs that are consistent with Government policy on
Architecture and the Built Environment for Northern Ireland and
fully participate with other project stakeholders in design review
process’ and workshops in accordance with the CPD, CD – Health
Projects Design Review Process that seeks to establish and
enhance design quality.
Reduction in Energy, Water Consumption and Carbon Emissions
-
The Contractor is to achieve, where possible, a “Good Rating”
having evaluated the project using the National Audit Office
‘Getting value for money from construction projects through design’
value
assessment
tool
available
for
download
from
https://cefni.co.uk/CEFWebclient/FCKeditor/UserFiles/File/code_of
_practice_for_industrial.pdf
-
Where the Contractor considers that the design during the
development period will only achieve pass standard and not
achieve good standard due to budget constraints, the Contractor
must contact the Project Manager with capital and whole-life costs
estimates for the various options considered. Whole-life cost
estimates are to be based on a 60 year life.
-
The Contractor is to comply (where applicable) with the OGC’s
Quick
Wins
Specifications
(available
at
https://www.gov.uk/government/organisations/crowncommercial-service
-
The Contractor is to comply (where applicable) with the minimum
mandatory specifications and if possible with the best practice
specifications of Defra’s Government Buying Standards
https://www.gov.uk/government/collections/sustainableprocurement-the-government-buying-standards-gbs
Building Materials/Construction Products
-
The Contractor shall ensure and declare that the following
materials/substances will not be used in the building:
-
Products which contain hyrdofluorocarbons (HFCs)
Products which contain sulphurhexafluoride (SF6)
Indoor paints and varnishes with a content of solvents
(volatile organic compounds with a boiling point of
250oC maximum) higher than:
-
for wall paints (according to EN 13300): 30g/l
(minus water)
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-
-
-
3.4
3.6
Given the operational constraints within Healthcare facilities the
Contractor and Design Team should minimise the use of
hazardous products. If a hazardous product must be used all
measures necessary to mitigate the risks of overexposure are to be
put in place.
Volatile Organic Compounds (VOC)
-
3.5
for other paints with a spreading rate of at
least 15m2/l at a hiding power of 98% opacity:
250g/l (minus water)
for all other products (including paints that are
not wall paints and have a spreading rate of
less than 15m2/l, varnishes, wood stains, floor
coatings and floor paints and related
products): 180g/l (minus water)
The VOC emissions from the building products used must not
exceed the respective values outlined in the European Standard for
the determination of emissions from building products EN ISO
16000-9 to -11 (www.iso.org) or equivalent.
Environmental Assessment
-
The Contractor and supply chain shall work to achieve a
CEEQUAL or BREEAM rating of “Excellent” and “Very Good”, or
equivalent, for new build and refurbishment projects respectively.
-
The Contractor is to construct the works in accordance with the
BREEAM rating achieved during the Design Stage and obtain from
the BREEAM assessor/authority a certificate certifying the works,
as built, comply with the design intent and BREEAM rating
achieved at Design Stage.
Recycling and Reuse of Construction Materials
-
As a minimum outcome, at least 10%* of the total value of
materials used in the construction project shall derive from recycled
and reused content in the products and materials selected. The
Contractor must also demonstrate that the most cost effective costneutral opportunities to increase the value of materials deriving
from recycled and reused content (i.e. the relevant Quick Wins)
have been identified and implemented, and that targeted
improvements made in the total recycled content above ‘baseline
practice’ for the project have been quantified.
-
Tools and resources for evaluating recycled content and identifying
Quick Wins with the minimum effort are available form
www.wrap.org.uk/construction
88
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
4.
-
Whenever technically and commercially feasible, the Contractor’s
specification should require the use of products with recycled
content that equals or exceeds the ‘good’ practice performance for
that component.
-
The Contractor must identify the minimum value for the recycled
content in each of selected Quick Wins. The Contractor must
ensure that all corresponding materials achieve the required
recycled content value, and retain evidence for their use through
the collation of invoices and manufacturers’ data. This information
is to be made available to the Lead Consultant within five working
days upon request.
-
At the end of the project, the Contractor must report to the
Sustainability Auditor (or Lead Consultant, if designated) the
improvement made in the total recycled content above ‘baseline
practice’ for the project and the estimated outcome for total
recycled content by value.
-
The value of materials deriving from recycled content on a project
may be calculated using the following summation across all the
products and materials used: (quantity of product A) x (cost of
product A) x (% recycled content by mass of product A).
-
*Recycled content is the proportion, by mass, of recycled materials
in a product, excluding waste material (such as process scrap)
reutilised within the same process that generated it – see
ISO14021 for a formal definition. Where a product or material is
reused (e.g. is removed and replaced or moved to another
location), then it is credited at 100% reused content by value. The
cost of a product is the unit delivered price for the materials,
excluding installation costs.
-
The Contractor shall calculate and report the recycled content as
an environmental Key Performance Indicator.
SUSTAINABILITY PROJECT REPORT
The Contractor shall submit to the Project Manager:
within two weeks of the starting date, a report on the delivery of
sustainability requirements under the contract. The Contractor’s
Sustainability Project Report shall be in the format set out in Annex A of
this Supplementary Condition;

a monthly update on the delivery of sustainability requirements under the
contract using the Contractor’s Sustainability Project Report.
The Contractor shall add to the Sustainability Project Report as the project
progresses and submits to the Project Manager a final Sustainability Project
89
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Report by the Completion Date as evidence that the requirements set out in this
Supplementary Condition have been complied with.
5.
CONTRACTOR’S SUBCONTRACT ACCEPTANCE AND PAYMENT REPORT
The Contractor shall submit to the Lead Consultant:
a monthly update on the acceptance and payment of subcontractors
under the contract using the Contractor’s Subcontract Acceptance and
Payment Report. The Report shall be in the format set out in Annex B of
this Supplementary Condition;
The Contractor shall add to the Subcontract Acceptance and Payment Report as
the project progresses and submits to the Lead Consultant a final Subcontract
Acceptance and Payment Report by the Completion Date as evidence that the
requirements set out in this Supplementary Condition have been complied with.
90
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SUPPLEMENTARY CONDITION OF CONTRACT NO 211 GC/WORKS/2 (1998)
MINOR WORKS (ISSUED MAY 2012) – MANAGING POOR PERFORMANCE
1.
MANAGING POOR PERFORMANCE
1.1
The successful contractor’s performance on the contract will be
regularly monitored. If a contractor fails to reach satisfactory levels
of contract performance they will be given a specified time to
improve. If, after the specified time, they still fail to reach satisfactory
levels of contract performance, the matter will be escalated to senior
management in CPD, CD – Health Projects for further action. If this
occurs and their performance still does not improve to satisfactory
levels within the specified period, it may be regarded as an act of
grave professional misconduct and they may be issued with a
Certificate of Unsatisfactory Performance and the contract may be
terminated. The issue of a Certificate of Unsatisfactory Performance
will result in the contractor being excluded from all procurement
competitions being undertaken by Centres of Procurement Expertise
on behalf of bodies covered by the Northern Ireland Procurement
Policy for a period of twelve months from the date of issue of the
certificate.
1.2
The contractor may appeal the decision to issue a Certificate of
Unsatisfactory Performance. Any appeals will be dealt with under
the Dispute Resolution Procedure set out in the Terms and
Conditions of Contract.
91
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX A
CONTRACTOR’S SUSTAINABILITY PROJECT REPORT
PROJECT NUMBER:
PROJECT NAME:
MAIN CONTRACTOR:
DATE OF REPORT :
Report No.
REPORT PREPARED BY:
(Print Name)
PROJECT MANAGER:
(Print Name)
ORGANISATION:
CoPE
REPRESENTATIVE:
Notes:
i.
It is intended that this report will be added to as the project progresses and will be used, at the end of
the project, to demonstrate how the contract requirements have been achieved.
ii.
The section numbers refer to the relevant CIFNI proposals and may therefore be intentionally out of
sequence.
iii.
All references in this report to ‘I’ refer to the Contractor and in signing the report the Director within the
Contractor’s organisation is confirming the accuracy of the report and the Contractor’s commitment to
delivering the sustainability objectives.
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX A
ECONOMIC
2.
I have published the opportunities available within my/our supply chain on my/our
website and/or, where appropriate, in the local press.
DATE OF
UPDATE
PROGRESS
RAG
STATUS
3. (i) I have sought approval from the Project Manager for all subcontracts and have
complied fully with the Code of Practice for Government Construction Clients and
their Supply Chains.
For update see ‘Contractor’s Subcontractor Acceptance and Payment Report’
3. (ii) My Subcontractors and I have signed the Fair Payment Charter and have provided
a report on payments made to subcontractors at each project meeting.
For update see ‘Contractor’s Subcontractor Acceptance and Payment Report’
SOCIAL
1. I have submitted a project specific Work Placement and Training Plan and I am
providing the required number of employment opportunities, either directly or
through my supply chain (see Table A).
DATE OF
UPDATE
PROGRESS
RAG
STATUS
2. My supply chain and I are complying with the requirement that 5% of the workforce
of the contractor and first tier subcontractors (with 20 or more employees) are on
formally recognised paid apprenticeships (including LAC/Care Leavers if
appropriate). (See Table B).
DATE OF
UPDATE
PROGRESS
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
RAG
STATUS
ANNEX A
2A. I confirm I am complying with the requirement to provide employment opportunities
for student(s) on a University or College of Further and Higher Education
construction related course (see Table C).
DATE OF
UPDATE
PROGRESS
RAG
STATUS
2B. I confirm I am providing the required number of placement weeks for trainees through
the Department for Employment and Learning’s Training for Success scheme (or
equivalent) either directly or through the supply chain (see Table D).
DATE OF
UPDATE
3.
PROGRESS
RAG
STATUS
I confirm I have processes in place to promote equality in the work place.
DATE OF
UPDATE
PROGRESS
RAG
STATUS
4. I confirm compliance with the requirements of the ‘Respect for People (RfP) –
Code of Good Working Health and Safety Practices’ incorporating the ‘Code of
Practice for Industrial Relations and Health and Safety’ including payment of
operatives in accordance with the industry Working Rules Agreements.
DATE OF
UPDATE
5.
PROGRESS
RAG
STATUS
Health and safety is covered in a separate report in accordance with Buildsafe-NI
Action Plan 2011.
6. I have processes in place to provide opportunities for all employees who require
essential skills in literacy, numeracy and/or ICT.
DATE OF
UPDATE
PROGRESS
ENVIRONMENTAL
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
RAG
STATUS
ANNEX A
2. I confirm my supply chain and I have fully participated with other project
stakeholders in the design review process and workshops (eg, Design Quality
Indicator Workshops) that seek to establish and enhance design quality.
DATE OF
UPDATE
4.
PROGRESS
RAG
STATUS
PROGRESS
RAG
STATUS
I confirm I have demonstrated that the project is on track to achieve the specified
targets for energy, water and carbon usage.
DATE OF
UPDATE
8.
RAG
STATUS
I confirm I have demonstrated that the project is on track to achieve the specified
CEEQUAL/BREEAM rating.
DATE OF
UPDATE
7.
PROGRESS
I confirm I have processes in place to deliver at least 10% of the material value of
the project from recycled/reuse content and procedures are in place to report on the
recycled/reuse content achieved using suitable standard industry tools (e.g.
WRAP).
DATE OF
UPDATE
6.
RAG
STATUS
I confirm my supply chain and I prepared and submitted a Site Waste Management
Plan for consideration by the Project Manager prior to commencement of works.
DATE OF
UPDATE
5.
PROGRESS
PROGRESS
RAG
STATUS
I have submitted an audit trail demonstrating that the timber used in the project was
sourced from a sustainable or Forest Law Enforcement Governance & Trade
(FLEGT) licensed source.
DATE OF
UPDATE
PROGRESS
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
RAG
STATUS
ANNEX A
9.
I confirm I have registered the project with the Considerate Constructors Scheme.
DATE OF
UPDATE
PROGRESS
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
RAG
STATUS
ANNEX A
Table A – Details of Opportunities for the Unemployed Proposed / Delivered
Contract Requirement = [insert contract requirement] placement weeks
Date of latest update ___/___/___
Unemployed placement weeks proposed / delivered since start of contract
Participant’s
Full Name
Participant’s
National Insurance Nr.
or Date of Birth.
Name of scheme supplier ifContractor/Sub-Contractor
appropriate
with whom participant
is placed
Total to date
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Start date of
placement
ANNEX A
Table B - Details of Apprentices employed by Contractor/ Subcontractors
Contractor/Subcontractor’s Name ______________________________________ Tel. No. _______________
Date of latest update ___/___/____
Details of Apprentices
Apprentice’s Full Name
Trade/occupation
Start Date of
Date employment
National Insurance
employment
ended
Nr. Or Date of Birth
Total number of apprentices (A):-_______________
Total number of employees (B):-________________ (To be verified by eg PAYE return)
A/B x 100% = __________________%
Notes
 Please copy this form as required for each individual first tier subcontractor
 Please submit a new amended form if there is a change in the number of apprentices or employees for contractor / subcontractor.
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX A
Table C - Details of Students employed by the Contractor
Students employed by the Contractor
Student’s Full Name
National Insurance
Nr. or Date of Birth
Course Title
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
University / FEC
Start Date of
End Date of
placement
placement
Course Tutor’s Name
ANNEX A
Table D – Details of Training for Success (TFS) Trainee Placement-Weeks Proposed / Delivered
Contract Requirement = [insert contract requirement] placement weeks
Date of latest update ___/___/___
Trainee placement weeks proposed / delivered since start of contract
Participant’s
Full Name
Participant’s
National Insurance Nr.
or Date of Birth
Name of TFS
training supplier
Total to date
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Contractor/Sub-Contractor
with whom trainee is
placed
Start date of
placement
End date of
placement
No of weeks in
placement
ANNEX A
I confirm that the individuals listed in Tables A, C and D have not been submitted in support of the fulfilment
of any other contracts awarded by a CoPE and represent opportunities created solely as a result of this
contract.
I confirm that the information in this ‘Sustainability Project Report’ is accurate and that I have the requisite
corporate authority to confirm this:
Company name
[Enter name here]
Print Name
[Enter name here]
Position
Date
Signature of Director
[Director/Partner or Equivalent]
[Enter date here] dd/mm/yyyy
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX B
CONTRACTOR’S SUBCONTRACT ACCEPTANCE AND PAYMENT REPORT
EMPLOYER:
PROJECT NUMBER:
PROJECT NAME:
MAIN CONTRACTOR:
DATE OF REPORT :
REPORT NUMBER
REPORT PREPARED BY: (Print Name)
Notes:
A report is to be provided for each construction contract progress meeting.
It is intended that this report will be updated / added to as the project progresses and will be used, at the end of the
project, to demonstrate how the contract requirements have been achieved.
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX B
Part 1 - Acceptance of Subcontractors
List all first tier subcontractors where the subcontract value exceeds 1% of the total contract value or £10,000, whichever is the greater.
Note: It is intended that this report will be added to as the project progresses and will be used, at the end of the project, to demonstrate how the contract
requirements have been achieved.
SUB-CONTRACTOR
NAME
SUBCONTRACT
Has Subcontractor
signed Fair
Payment
Charter?
Has Subcontractor
been notified
of payment
assessment
date?
Sub-contract
payment
terms in days
Name of 3rd
party who
certified Subcontractors
H&S
Management
System
Is 5% of the
sub-contract
workforce
apprentices?
(where subcontractor has
20 or more
employees)
Subcontractor
is the one
named at
tender stage
(where
applicable)
Date
accepted
by PM
For CoPE use o
[PM check
with Subcontractor]
Part 2 – Payment Report of Subcontractors
List all first tier sub-contractors where the sub-contract value exceeds 1% of the total contract value or £10,000, whichever is the greater. For subsequent monthly reports
the previous payment position should NOT be overwritten but retained in this report for tracking purposes. Note: Table to be extended as necessary. If required use
continuation page.
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
SUB-CONTRACTOR NAME
Date
SUB-CONTRACTOR 1
[This Month]
[Next Month]
SUB-CONTRACTOR 2
[This Month]
[Next Month]
SUB-CONTRACTOR 3
[This Month]
[Next Month]
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
CUMULATIVE AMOUNT DUE
(Excl VAT)
CUMULATIVE AMOUNT PAID
(Excl VAT)
ANNEX B
(For CoPE use only )
CA/PM check with Subcontractor
ANNEX B
Continuation page No: XX
Part 2 – Payment Report of Subcontractors (contd)
SUB-CONTRACTOR NAME
Date
CUMULATIVE AMOUNT DUE
(Excl VAT)
CUMULATIVE AMOUNT
PAID
(Excl VAT)
(For CoPE use only )
CA/PM check with Sub-contractor
SUB-CONTRACTOR 4
[This Month]
[Next Month]
SUB-CONTRACTOR 5?
[This Month]
[Next Month]
I the under named hereby confirm that I can testify that payments stated above are accurate and that I have the requisite corporate authority to authorise this:
Company name
[Enter name here]
Print Name
[Enter name here]
Position
Date
Signature of Director
[Director/Partner or Equivalent]
[Enter date here] dd/mm/yyyy
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX C
GUIDANCE FOR CONTRACTING AUTHORITIES, PROJECT MANAGERS AND
PROJECT SPONSORS ON CONTRACT CLAUSES FOR UNEMPLOYED,
APPRENTICES, STUDENTS AND TRAINEES WORK PLACEMENTS
Background and rationale
1. Unemployed
The Contractor, either directly or through the supply chain, shall provide for each £2m of contract labour
value, one paid employment opportunity for the unemployed (restricted to a maximum of 25 paid
employment opportunities per construction works contract). The opportunities can be provided through:
a Jobs and Benefits Office; a Department for Employment and Learning (DEL) approved scheme; or an
equivalent. Candidates employed through any of the above routes must have been unemployed for a
minimum of six months prior to being employed on this contract.
2. Apprentices
Five percent (5%) of the contractor’s workforce and the workforce of its first tier subcontractors (with 20
or more employees) will be employed on formally recognised paid apprenticeships.
The new target is based on a proportion of apprentices rather than new starts in order that main
contractors and their supply chain will be:
encouraged to retain apprentices. Contractors could comply with the current requirements by
recruiting new apprentices whilst laying-off existing apprentices; and

incentivised to retain apprentices beyond the contract period. The new proposals should
encourage those firms who intend to work for Government on a regular basis to retain
apprentices within their workforce.
3. Student Work Placements
There is a new requirement for student work placements. The main contractor will be required to provide
employment opportunities for students on a University or Further Education College construction related
course.
The contractor will be required to provide one 40-week student placement for projects with a labour
value of £2m-£5m and two placements for projects with a labour value of greater than £5m.
This is a new requirement which takes account of the current difficulties students are experiencing in
obtaining relevant work placements, of sufficient duration, to allow them to fulfil the requirements for
completing their course of study.
4.
Trainees
The Contractor will be required to provide 8 person weeks of training placement for each £500k of labour
value. The trainees will be provided by ‘Training for Success’ organisations which hold contracts with
ANNEX C
DEL. This new requirement takes account of current difficulties trainees are experiencing in obtaining
employment of sufficient duration to allow them to seek full time employment.
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX C
Detailed guidance on clauses and application
5.
Opportunities for the Unemployed
The PM inserts in the Works Information the number of employment opportunities required.
5.1.
DEL Employer Contact Manager
The PM inserts in the Works Information details for the DEL Employer Contact Manager (see model
clauses section 1)
The DEL Employer Contact Managers is:-
Bernie Blaney
Employer Contact Manager
Department for Employment and Learning
Gloucester House
Chichester Street
Belfast
Tel: 02890 726762
Mob: 07795 123781
Validation Mailbox: socialclausevalidation@delni.gov.uk
6. Apprentices
An apprenticeship, under the Department for Employment and Learning (DEL) ApprenticeshipNI
Programme, is a form of professional and technical training based on a mixture of work-based and
classroom-based learning. It is not a qualification in itself, but it contains the following elements:

A knowledge-based element;

A competence-based element;

Essential Skills (literacy and numeracy and ICT as appropriate); and

A module on Employment Rights and Responsibilities.
The participant works towards an NVQ Level 2/Level 3 Qualification which can take 2-4 years to
complete.
Where the contractor or a subcontractor has a workforce of less than 20, the 5% apprenticeship
requirement will not be applied.
The Contracting Authority will arrange for periodic checks to be carried out, to verify the
apprenticeship information provided by the Contractor.
7. Student Work Placements
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX C
The PM inserts the number of placements based on the following minimum criterion:
One student placement to be provided for projects with a contract labour value of £2m-£5m
and two placements for a contract labour value of greater than £5m.
Student work placements can only take place outside term time so some flexibility may be required in
applying this contract provision. In some cases, to achieve a 40 person week placement, commitment
may be required from the Contractor to employ the student outside the contract period. In most cases,
however, the length of the contract period should ensure that this will not be necessary.
The Contracting Authority will arrange for periodic checks to be carried out, by contacting the
Universities / Colleges of Further and Higher Education, to verify the student information
provided by the contractor
8. Trainees
For every £0.50m of labour value the contractor will be required to provide 8 person weeks of work
placement. The range of application will extend from £0.50m of labour value and above. The number
of weeks will be rounded to the nearest 8 week multiple.
The labour value should be determined by the type of work. Typical values would be in the region of
40% of building contract value and 20% of civil engineering contract value.
Sample calculations of the requirements are set out below for various contract labour values.
Contract
Multiples of 8 week
No of person
No of person weeks
Labour Value
placements
weeks
rounded to the nearest 8
to be inserted in contract
£500K
£500/£500k = 1.0
1x8=8
8
£1.1m
£1.1m/£500k = 2.2
2.2 x 8 = 17.6
16
£1.8m
£1.5m/£500k = 3.6
3.6 x 8 = 28.8
32
The Contracting Authority will arrange for DEL to be contacted to provide early warning, at
contract award, of the requirements for TFS. The information to be provided is indicated in
the pro-forma ‘Notification of Contract Award (Construction Works) To Del' (see annexe 4)
The Contracting Authority will arrange for periodic checks to be carried out, by contacting
DEL, to verify the information provided by the Contractor on the TFS placements.
9. Sustainability Project Report
The PM shall:-
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX C

include sustainability as an agenda item at each monthly project meeting and review
progress based on the Contractor’s Report;

forward report to Contracts and Standards Branch in order that periodic checks on the
validity of the Contractor’s information can be undertaken with DEL.
10. Framework Agreements / Term contracts
This guidance also applies to framework and term contracts. The number of opportunities for Steps to Work
participants, apprentices, students and trainees shall be based on the estimate of expenditure over the
framework / term contract period. This will need to be reviewed at regular progress meetings with by the PM
and the number of opportunities required adjusted accordingly.
11. Health & Social Care Trust Employability Team Contact Information
South Eastern Trust
Rosaleen Murphy (Rosaleen.murphy@setrust.hscni.net)
Southern Trust
Siobhan Gribben (Siobhan.gribben@southerntrust.hscni.net)
Belfast Trust
Gary Cooper (Gary.cooper@belfasttrust.hscni.net)
Western Trust
Ann-Marie McCrory (Ann-Marie.McCrory@westerntrust.hscni.net)
Northern Trust
Nadia Ghalami (Nadia.ghalami@actionforchildren.org.uk)
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
ANNEX D
NOTIFICATION OF CONTRACT AWARD (CONSTRUCTION WORKS) TO DEL
The following information should be sent to the DEL Employer Contact Manager, by email to the
Validation Mailbox: socialclausevalidation@delni.gov.uk, immediately at Contract Award to provide early
warning of impending requests for participants for the DEL Approved Scheme for work experience, or
employment opportunities and the DEL Training for success (TfS) scheme.
To: DEL Employer Contract Manager
Notification of Contract Award – Social Clause Requirements (early warning)
FROM:
Contracting Authority(CA)
CA Contact
Tel:
Email:
Tel:
Email:
Client Department
PROJECT DETAILS
Project Name:
Project Ref:
Site Address
Contract Award Date:
Site start Date:
Completion Date:
MANAGEMENT DETAILS
Tel:
Project Manager
Email:
Main Contractor
Address
Tel:
SOCIAL CLAUSE REQUIREMENTS
No of placement weeks proposed (DEL approved scheme)
No of placements weeks proposed (DEL TFS)
Amendments Published January 2016 GC/Works/2 (1998) Minor Works
Email: