There are several requirements that funding entities must adhere to regarding tenders and calls for expressions of interest (EOI) for Commonwealth funded work. We’ve outlined these below; they’ll help you ensure that you’re compliant with the Code.
What are my responsibilities regarding tenders and EOIs?
- A funding entity must ensure that tender processes and calls for EOI (howsoever described) for Commonwealth funded building work are conducted in a manner consistent with the Code, and must ensure that respondents are only permitted to participate in tender processes if they meet the eligibility requirements set out in section 23 of the Code
- A funding entity must ensure that any request for tender or EOI (howsoever described) for Commonwealth funded building work requires a respondent to:
a) confirm that they—and any related entity—will comply with the Code when undertaking the Commonwealth funded building work
b) confirm that they—and any related entities—will comply with the Code from the time of lodging an EOI or tender response (if not already obliged to do so)
c) confirm that they—and any related entities—are eligible to perform Commonwealth funded building work at the time of lodging an EOI or tender
d) demonstrate a positive commitment to the provision of appropriate training and skill development for their workforce. Such commitment may be demonstrated by complying with any state or territory government building training policies and supporting the delivery of nationally endorsed building and construction competencies
e) provide the number of current apprentice and trainee employees and the number and classes of persons who hold visas under the Migration Act 1958 that are engaged by the respondent, and who are intended to be engaged by the respondent, to undertake the Commonwealth funded building work
f) advise whether the respondent has, within the preceding three year period:
- had an adverse decision, direction or order made by a court or tribunal for a breach of a designated building law, work health and safety law or the Migration Act 1958
- been required to pay any amount under an adjudication certificate (provided in accordance with a law relating to the security of payments that are due to persons in respect of building work) including by any related entity to a building contractor or building industry participant
- owed any unsatisfied judgement debts (including such debts owed by any related entity) to a building contractor or building industry participant.
What about WRMPs?
When issuing EOI or tender documents, funding entities must also ensure that the documentation includes a requirement to have a WRMP approved by the ABCC if either:
- the Commonwealth’s contribution to the project that contains building work is $5 million or more and this represents at least 50% of the total construction project value
- the Commonwealth contributes $10 million or more, regardless of what percentage of the total construction project value that represents.
Funding entities must notify the ABCC when an EOI/tender is released for projects that require a WRMP.
It’s best practice to notify the ABCC of all EOI/tenders that are subject to the Code. This helps us work with agencies and contractors to ensure compliance.
To notify the ABCC, please use this EOI/Tender Notification Form:
How do I ensure my responsibilities are met?
To ensure your obligations under the Code are effectively met, please refer to these Funding Entity Model Clauses, developed by the ABCC. The clauses will help you comply with the Code when advertising for tenders or EOI.
The Model Clauses aren’t mandatory, but they’ve been designed to request all information that a funding entity must require from a contractor during procurement of Commonwealth funded building work—so, if you’re a funding entity, they’ll be a big help to you.
By using the Model Clauses, funding entities ensure contractors declare compliance to contractual requirements imposed on the funding entity. This enables the funding entity to set up the appropriate framework for meeting their obligations under the Code.
The ABCC has also developed an EOI/Tender Process Checklist for use by funding entities as a practical tool to ensure all procurement processes are conducted in a manner consistent with the Code.