What is a funding entity?

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According to the Code, each of the following is a funding entity:

A) A non-corporate Commonwealth entity as defined in the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

B) A corporate Commonwealth entity as defined in the PGPA Act that is directed by the Minister for Finance to comply with the Building Code 2016.

A complete list of Commonwealth entities and companies is published annually by the Department of Finance. If your agency’s name is shaded purple, it’s a funding entity.

View the complete list of PGPA Act Commonwealth entities and companies.

If you’d like to learn more about what defines a funding entity, you can review the complete PGPA Act here.

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I'm a head contractor or subcontractor who submitted my expression of interest for Commonwealth funded building work prior to 2 Dec 2016, but submitted my tender for the same work after 2 Dec 2016. Which code would I be subject to for this project?

You would be subject to the Code on this project. The Building and Construction Industry (Consequential and Transitional Provisions) Rules 2016 provides that where both codes may otherwise apply, the Code takes priority.

This means that where an expression of interest was submitted prior to 2 December 2016 but a tender for the same work was submitted from 2 December 2016 onwards, the head contractor or subcontractor would be subject to the Code for the work. The head contractor would also need to demonstrate compliance with the Code requirements in order to be eligible to tender for and be awarded the work.

As a head contractor, what should I do when calling for EOIs or tenders for building work on a Building Code 2013 project after 2 December 2016?

When calling for or receiving an EOI or tender on a Building Code 2013 project after 2 December 2016, you should include the following clause in the advertisement:

'By submitting an expression of interest in, or tender for, this project, you will become subject to the Code for the Tendering and Performance of Building Work 2016.’

You should also provide this information statement to respondents, to inform them that they will become code covered entities. This information statement should be provided in place of using the Building Code 2013 or Code for the Tendering and Performance of Building Work 2016 model clauses.

Please note: you should not request a Letter of Compliance from subcontractors on Building Code 2013 projects.

What if I bid for Commonwealth funded building work after 2 December 2016 and therefore become a code covered entity? Do my obligations change on my Building Code 2013 projects?

No. Your obligations on existing Building Code 2013 projects don’t change once you become a code covered entity. However, you’ll be required to comply with the Code on any new projects, including private projects that you express interest in or tender for after becoming a code covered entity.

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What is a funding entity?

Overview

Frequently Asked Questions

I'm a head contractor or subcontractor who submitted my expression of interest for Commonwealth funded building work prior to 2 Dec 2016, but submitted my tender for the same work after 2 Dec 2016. Which code would I be subject to for this project?

As a head contractor, what should I do when calling for EOIs or tenders for building work on a Building Code 2013 project after 2 December 2016?

What if I bid for Commonwealth funded building work after 2 December 2016 and therefore become a code covered entity? Do my obligations change on my Building Code 2013 projects?

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What is a funding entity?

Overview

Frequently Asked Questions

I'm a head contractor or subcontractor who submitted my expression of interest for Commonwealth funded building work prior to 2 Dec 2016, but submitted my tender for the same work after 2 Dec 2016. Which code would I be subject to for this project?

As a head contractor, what should I do when calling for EOIs or tenders for building work on a Building Code 2013 project after 2 December 2016?

What if I bid for Commonwealth funded building work after 2 December 2016 and therefore become a code covered entity? Do my obligations change on my Building Code 2013 projects?