The purpose of this guidance is to provide a number of scenarios relevant to UXO activities, to guide those using the Defence Infrastructure Panel – Environment, Heritage & Estate Engineering (DIP.EHE) in determining if Building Code 2016 is applicable to the procurement activity / project.
Refer to Unexploded Ordnance (UXO) Scenarios and Building Code 2016 Applicability.
Note: Section Seven of the ABCC EOI/Tender Notification form requests extracts demonstrating inclusion of the Model Clauses. You will not need to provide the extracts, instead enter: Model Clauses used as per inclusion in Defence Suite of Contracts.
Building Code 2016 schedules
Note that contracts cannot be awarded until WRMPs have been approved by ABCC.
Note: Defence should not advise tenderers on eligibility – tenderers should confirm their eligibility directly with ABCC.
Note: Question 4.2 in Section 4 of the form (i.e. the Declaration of Compliance including Attachment A - Mandatory Information), relates to information that has been reproduced in Building Code 2016 Schedule of the tender proposal.
Note: Section Six of the ABCC Contract Notification form requests extracts demonstrating inclusion of the Model Clauses. You will not need to provide the extracts, instead enter: Model Clauses used as per inclusion in Defence Suite of Contracts.
The type of Enterprise Agreement under which a tenderer and their related entities are covered determines their eligibility to express interest, tender for, and be awarded a contract for construction work funded by the Commonwealth.
All tenderers must be eligible to express interest/tender for Commonwealth funded building work, to be able to make a submission. They must demonstrate this eligibility by providing either a Letter of Compliance or the Self-declaration A with their submission, at the ITR and RFT stage. If the tenderer does not provide this with their submission, Defence may exclude the submission from assessment. Alternatively, the necessary documentation may be sought via clarification mechanisms. Please speak to DPA if you encounter this in your project.
A two-stage process has been developed which enables building industry participants to undertake a preliminary review of their enterprise agreement before submitting it to ABCC for consideration. ABCC has also published guidance material in the form of an extensive list of clauses from enterprise agreements that have been submitted for assessment to ABCC. The list contains advice about whether the clauses meet the requirements of section 11 of Building Code 2016.
As the obligations imposed under Building Code 2016 are complex, industry briefing slides containing the key points have been developed for mandatory use at all future industry briefings (Industry Briefings page). The page also contains slides on other topics that must be discussed at an industry briefing.
Click here for feedback provided by ABCC in relation to WRMPs submitted for a CFI project. The feedback can be used at industry briefings to give tenderers an idea of what ABCC is looking for in the WRMPs. Please refer to the Model WRMP on the ABCC website for further guidance.
It is important to inform tenderers however, that industry briefings are conducted for information purposes only.
For further assistance and guidance in relation to Building Code 2016 matters, please email CFI.ProgramAssurance@defence.gov.au.
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