AMENDMENTS TO MW21 STANDARD FORM
CONTRACT DOCUMENTS
OCTOBER 19, 2015
Preliminaries
Clause 3.3: added additional guide notes to assist in drafting the clause.
MAY 1, 2015
Conditions of Tendering
Clause 4.3: incorporated requirements of NSW Government Policy on Aboriginal
Participation.
Tender Schedules
Schedule of Aboriginal Participation Information: deleted schedule.
Preliminaries
Clause 4.4: incorporated requirements of NSW Government Policy on Aboriginal
Participation.
Clause 5.6: updated, added requirements in relation to preventing unplanned contact with
live services and simplified by combining options.
Clause 5.7: added a requirement for a Certificate of Compliance – Electrical Work.
Generally
Updated footers and associated guide notes; checked formatting of dot points.
MARCH 10, 2015
Conditions of Tendering
Clause 2.3: deleted Option 1.
Clause 4.3: deleted reference to Schedule of Industrial Relations Information.
Clause 7.1: added reference to Schedule of Compliance with NSW Government’s
Impelmentation Guidelines (etc) and deleted reference to Schedule of Industrial Relations
Information; clarified requirement to list Addenda on Tender Form.
Clause 7.2: updated requirements for eTendering, including reference to eQuote and some
changes to text.
Clause 7.3: deleted reference to alternative tender box in McKell Building.
Tender Schedules
Schedule of WHS Management Information Part A: deleted Option 1 requiring an
accredited WHS system.
Schedule of Industrial Relations Information: deleted schedule.
General Conditions of Contract
Clause 1: deleted definition of Subcontractor’s Statement.
Clause 1A: reference made to ‘Construction Compliance Unit’ in full.
Clause 5.3: increased requirement for public liability insurance from $10m to $20m.
Clause 12.3: added reference to clause 7 in 12.3 (a) and paragraph 2.
Clause 13.1: reference made to Schedule 2.
Clause 13.3: reference made to payment claim being ‘served’.
Schedule 2: labelled Combined Subcontractor’s Statement and Supporting Statement
‘Schedule 2’ and corrected typos/anomalies.
Preliminaries
Clause 1.4: updated details about Long Services Corporation and requirements.
(Old) Clause 4.4: Industrial relations management requirements deleted.
Clause 5.7: amended wording on engagement of principal contractor for consistency with
WHS legislation; references updated to ‘WHS’ Management Plan; updated Incident Reports
clause; made other minor amendments to wording.
Clause 5.8: updated and clarified application of hazardous substances clause.
Clause 5.9: updated asbestos removal clause.
Generally
References to NSW Buy, Office of Finance and Services updated; minor typos corrected.
APRIL 9, 2014
Preliminaries
4.4 Industrial Relations Management Guidelines updated to NSW Implementation
Guidelines to the NSW Code of Practice for Procurement: Building and Construction.
5.7 OHS Management Systems Guidelines Edition 4 updated to Work Health and Safety
Management Systems and Auditing Guidelines Edition 5.
JANUARY 14, 2013
Conditions of Tendering
References to OHS: updated to WHS.
Tender Schedules
References to OHS: updated to WHS.
General Conditions of Contract
Minister details: updated.
Agency name: updated.
Preliminaries
References to OHS: updated to WHS.
JANUARY 31, 2012
Preliminaries
Clause 5.7 – Site Safety Rules: ‘Safe Work Method Statements’ paragraph amended to
refer to high risk construction; ‘Electrical’ paragraph amended to refer to AS/NZS 3012:
2010; ‘Hazardous substances’ paragraph amended to delete reference to ‘Material’ Safety
Data Sheets; ‘Leads and Power Tools’ paragraph amended to require inspections at three
monthly intervals.
JANUARY 12, 2012
General Conditions of Contract
Clause 13.9: Time for issue of final payment schedule amended from 45 days to 60 days.
Clause 13.9(b): Clause amended to include reference to ‘resolution’ of Defects (by
acceptance under Clause 8.4).
DECEMBER 23, 2011
Conditions of Tendering
Clause 2.3: Updated upon introduction of new Work Health and Safety legislation.
Tender Schedules
Schedule of WHS Management Information, Parts A and B: Updated upon introduction
of new Work Health and Safety legislation.
General Conditions of Contract
Clause 13.3(c): Subclause reworded for clarity.
Clause 13.9(b): Subclause amended to require defects to be rectified prior to issue of a final
payment schedule.
Clause 15.3: ‘claim is received’ replaced with ‘Authorised Person’s assessment is received’
in last paragraph.
Clause 15.4: ‘made’ replaced with ‘received by the Principal’ in first paragraph.
Clause 16.9: Clause amended with reduced times for lodgment of security and appointment
of expert.
Clause 16.10(a): Subclause amended to provide additional time for first submission.
Clause 16.12: Subclause added to prevent expert incurring costs prior to lodgment of
security and last subclause amended so that time for determination starts after submissions
have been made.
Clauses 17.4 & 17.5: Clause numbers and location transposed.
Contract Information items 3, 4, 5 & 6: Clause references corrected.
Preliminaries
Clause 4.5 amended to include provision to request workers to provide a declaration under
the Working With Children Act.
Clauses 5.6, 5.7, 5.8 & 5.9 amended in accordance with Circular 2011/11 - New Work
Health And Safety Laws – Contracts And Consultancies – Transition Arrangements.
DECEMBER 05, 2011
General Conditions of Contract
Clause 15.4: Last paragraph reworded to clarify that bar applies only to claims within Post
Complertion Period(s).
NOVEMBER 23, 2011
General Conditions of Contract
Clause 13.6: Last paragraph moved to Clause 3.10.
Clause 12.4: Requirement added for the Principal to notify the Contractor of any assessed
entitlements.
Preliminaries
Section Heading 8 and Clause 8.1 removed.
New Clause 2.6 added: Asset Data Capture. Note Clause applies only to contracts for DEC
New Schedule to Preliminaries 8.2 added: SS010 Asset Data Capture Register (Sample)
Conditions of Tendering
Clause 3.2: ‘Jardine Lloyd Thompson’ replaced with ‘Willis Australia Ltd’ in Option 1.
Title Page
Title changed from ‘ Request for Tender Documents for ’ to ‘ Request for Tenders for’.
OCTOBER 18, 2011
General Conditions of Contract
Clause 1: Post Completion Period(s) added.
Clause 5.5: Requirement added for the Contractor to provide copies of any insurance
policies not arranged by the Principal (other than for Professional Indemnity) for checking.
Clause 7.3: Amended to require notification ‘complying with’ the Contract, not ‘under’ the
Contract.
Clause 9.4: Amended to require the Contractor’s proposal for a possible Variation to
include the effect on the ‘Contract Price’ and ‘other implications to the Contract’.
Clause 13.9: Three options for payment at finalisation re-ordered, with text re-organised.
Clause 16.14: Words ‘once notified’ deleted.
Clause 17.7: Times for payment amended from ‘14 days’ to ‘10 Business Days’.
Contract Information item 7:
rewritten to clarify.
Guide notes amended.
Text for options completely
Contract Information item 9: Website address amended and name of Insurance Broker
updated.
AUGUST 08, 2011
General
Department Services, Technology & Administration replaced with Department Finance &
Services.
Guide note updates.
General Conditions of Contract
General review and update throughout the document: including but not limited to;
References to “direction” replaced with “instruction”
References to “commence” replaced with “start”
Clause 7.3: Added “The Contractor has no other entitlements for materially adverse Site
Conditions except under Clause 7.5.”
Clause 12: Rewording of subclause 12.3 and 12.6.
Clause 13: Added “If payment is due to the Principal from the Contractor then, within 20
Business Days after the date of issue of the final payment schedule, the Contractor is to pay
the Principal any money due in accordance with the final payment schedule. The payment is
a debt due and payable by the Contractor to the Principal. The Principal is to release the
balance of any undertakings within 5 Business Days after receiving payment from the
Contractor.”
Preliminaries
General review and update throughout the document: including but not limited to;
New Clause 2.2 added: Program
Clause 4.1: Quality Management clause updated including ITP and conformance record
requirements.
Clause 2.3 & 2.4: Work As Executed Drawings and Operation and Maintenance Manuals
clauses updated.
Clause 4.6: Protection of Children and Other Vulnerable People clause updated.
Clause 5.4 & 5.6: Site clause 5.4 Occupied Premises and 5.6 Existing Services.
Clause 5.7: OHS management clause updated including requirement for the Contractor to
provide Design Hazard Register on completion, co-ordination of emeregncy and evacuation
plan with the site occupier, and Site Safety Rules update including Amenities and Electrical
requirements.
Clause 5.8: Hazardous Substances clause updated with emphasis on “Hazardous
substances, that are not identified in the Contract Documents, are dealt with in accordance
with this clause. General Conditions of Contract clause – Site Conditions does not apply.”
Clause 6.2: Ecologically sustainable development clause updated with option for
“Environmental Performance Requirement - Design and construct the Works to achieve a
National Australian Built Environment Rating System (NABERS) rating of 4.5 stars for
energy and water.”
Clause 8: Department Of Education And Communities - Additional Clauses.
Refers documentors to the School Facilities Standards documents SS010 for additional
clauses on Department of Education And Communities contracts including ‘Asset Data
Capture’.
Conditions of Tendering
Minor review and update throughout the document.
Clause 6.4: Added optional reference to “Tender Schedule - Schedule of Weighted NonPrice Criteria Information”.
FEBRUARY 07, 2011
Preliminaries
Clause 5.6:
services.
Added Department of Education requirements for disruption to existing
AUGUST 04, 2010
General Conditions of Contract
Clause 1. Added definition for Site Conditions 1.20. “works” now referred to as “work
under the Contract”
Changes to descriptions and clause headings:
Clause 6. Site & Possession now “Site Access”
Clause 11. Completion of the Works now “Completion”
Clause 12. Delay in Completion now “ Delays in Reaching Completion”
“Contract Title” now referred to as “Contract Name”
Conditions of Tendering
Clause 7.2: Explanation of price information has now been included at Special
Requirements for the Two-Envelope System; “Price information includes Contract Prices,
Rates, Lump Sum Amounts, Provisional Allowances and Amounts for Optional Additional
Works or Alternative Tenders”.
Also now states at Hard Copy and Facsimile Tenders that if the Tender has not been
packaged appropriately to fit in the tender box, it may be passed over. “Any tender that does
not comply with this requirement may be passed over”
JUNE 30, 2010
Conditions of Tendering
Clause 4.1: Disclosure of Tender and Contract Information – Freedom of Information Act
1989 replaced by Government Information (Public Access) Act 2009 (NSW).
JUNE 22, 2010
Preliminaries
Clause 4.6: Protection of Children and Other Vulnerable People clause amended. Updated
link to Prohibited Employment Declaration form which can now be found via the following
link http://www.nswprocurement.com.au/Procurement-System-for-Construction/Contractmanagement.aspx
MARCH 22, 2010
Conditions of Tendering
Clause 4.1: NSW Government Preference Schemes clause deleted.
General Conditions of Contract
Clause 1.10: Amended definition for Direct Costs.
Preliminaries
Clause 4.2: Australian and New Zealand Goods clause deleted.
The clauses relevant to the NSW Government Preference Scheme have been deleted from
Standard Form of NSW Procurement contracts, as the Local Jobs First Plan does not apply
to the construction contracts. The details of the Local Jobs First Plan can be found via the
following link http://www.nswprocurement.com.au/Government-ProcurementFrameworks/Goods---Services/Framework/Local-Jobs-First-Plan.aspx
FEBRUARY 10, 2010
Title Page
Document Version Control table deleted.
General Conditions of Contract
Clause 1: New definition added for Direct Costs.
Clauses 7.3, 7.4, 9.4, 9.10, 9.11, 10.4 and 13.7: Clauses amended to refer to defined term
‘Direct Costs’.
Clause 9.4: Clause amended to clarify that 15% margin on Direct Costs for variations
involving extra work is a maximum and to limit the margin in proposals for deduction
variations to 5%.
Clause 9.10: Cost ‘saving’ amended to ‘reduction’.
Clause 12.3: Clause amended to clarify that delay costs are only payable when Completion
of the whole of the Works is delayed and that delay costs are the Contractor’s only
entitlement for delays.
Contract Information: Introductory note ‘Item numbers refer to related clause numbers’
deleted.
Contract Information item 9: Web address for the Procurement System for Construction
amended.
Contract Information item 14: Guide note amended for consistency with the guide note
for Contract information item 13.
Preliminaries
Clause 1.6: Reference to the Procurement System for Construction amended.
Project Environmental Management Plan: ‘1. Conservation of Plants and Wildlife’
headers adjusted (pages 28-32).
DECEMBER 15, 2009
General
Department’s name and logo updated.
Title Page
Document Version Control table added.
Tender Schedules
Tender Schedules: Incorrect guide note in the Schedule of Rates (referring to deletion of
the Schedule of Prices – Lump Sum) deleted.
General Conditions of Contract
Contract Information (generally): Shading removed.
Contract Information item 13: Guide note amended to state that a delay rate ‘must’ be
inserted.
Schedule 1 – Unconditional Undertaking: Amendments made to improve consistency of
use of the symbol ‘»’.