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					DHS    Conditions   –Contract    Annexure
Requirements Statutory Declaration

Guide to Completing the Annexures


Project Information
Location of the Site
The site is situated at the following address:
(to be completed prior to tendering)

General Conditions of Contract
The General Conditions of Contract AS 2124 - 1992 together with the
Annexures Part A and Part B hereunder, shall form part of this Contract.
Annexure Part B includes deletions, modifications and Special Conditions
amending or adding to Clauses in the General Conditions.


ANNEXURE to the Australian Standard General
Conditions of Contract                                             PART A
      The law applicable is that of the State of:
 1                                                     to be completed prior to tendering
      (Clause 1)
      Payments under the Contract shall be made
 2    at:                                              to be completed prior to tendering
      (Clause 1)
      The Principal:
 3                                                     to be completed prior to tendering
      (Clause 2)
 4    The address of the Principal:                    to be completed prior to tendering
      The Superintendent:
 5                                                     to be completed prior to tendering
      (Clause 2)
 6    The address of the Superintendent:               to be completed prior to tendering
      Limits of accuracy applying to quantities for
 7    which the Principal accepted the rate or         Not Applicable
      rates:(Clause 3.3(b))
      Bill of Quantities - the alternative applying:   Alternative 2 (if no Bill of
 8
      (Clause 4.1)                                     Quantity)
      The time for lodgement of the priced copy of
                                                       Not Applicable (if no Bill of
 9    the Bill of Quantities:
                                                       Quantity)
      (Clause 4.2)


 10   Contractor shall provide security in the         5% of the Contract Sum (this
      amount of:                                       percentage may vary depending
     (Clause 5.2)                                      on risk and the type of contract)
     Principal shall provide security in the amount
11   of:                                               Not Applicable
     (Clause 5.2)
     The period of notice required of a party’s
     intention to have recourse to retention
12
     moneys and/or to convert security:
                                                       Zero. Refer to Annexure Part B.
     (Clause 5.5)


     The percentage to which the entitlement to
13   security and retention moneys is reduced:
                                                       50%
     (Clause 5.7)
     Interest on retention moneys and security -
14   the alternative applying:
                                                       Alternative 2
     (Clause 5.9)
     The number of copies to be supplied by the
15   Principal:
                                                       5
     (Clause 8.3)


     The number of copies to be supplied by the
16   Contractor:
                                                       5
     (Clause 8.4)
     The time within which the Superintendent
     must give a direction as to the suitability and
17
     return the Contractor’s copies:
                                                       14 days
     (Clause 8.4)
     Work which cannot be Sub-Contracted without
18   approval:
                                                       Refer to Annexure Part B
     (Clause 9.2)


     The percentage of profit and attendance:
19                                                     5%
     (Clause 11(b))
     The amount or percentage for profit and
20   attendance:                                       5%
     (Clause 11(c))
     Insurance of the Works - the alternative
21   applying:                                         Alternative 2
     (Clause 18)
     The assessment for insurance purposes of the
22   costs of demolition and removal of debris:
                                                       Not Applicable
     (Clause 18(ii))
     The assessment for insurance purposes of
23   consultant’s fees:
                                                       Not Applicable
     (Clause 18(iii))
     The value of materials to be supplied by the
24   Principal:
                                                       Not Applicable
     (Clause 18(iv))
     The additional amount or percentage:
25
     (Clause 18(v))                                    Not Applicable
     Public Liability Insurance - the alternative
26   applying:                                         Alternative 2
     (Clause 19)

     The amount of Public Liability Insurance shall
                                                       A$10,000,000 any one
27   be not less than:
                                                       occurrence.
     (Clause 19)
                                                       Unlimited in the aggregate.
     The time for giving possession of the Site:       Within 5 working days after the
28
     (Clause 27.1)                                     Date of Acceptance of Tender
                                                       (to be completed prior to
                                                       tendering)
                                                       …… working days after the Date of
                                                       Acceptance of Tender
                                                       (alternatively specify completion
                                                       date).

                                                       Note 1: Liquidated Damages will
     The time for Practical Completion:
29                                                     become deductible after the
     (Clause 35.2)
                                                       elapse of this period subject to
                                                       extension of time.

                                                       Note 2: Time Extensions will only
                                                       be granted where the cause
                                                       effects the critical path shown on
                                                       the accepted construction
                                                       program.
     Liquidated Damages per day:                       $…….. (to be completed prior to
30
     (Clause 35.6)                                     tendering) per calendar day
     Limit of Liquidated Damages:
31                                                     Unlimited
     (Clause 35.7)
     Bonus per day for early Practical Completion:
32                                                     Not Applicable
     (Clause 35.8)
     Limit of bonus:
33                                                     Not Applicable
     (Clause 35.8)
     Extra costs for Delay or Disruption:              Event
34
     (Clause 36)                                       No specific event
     The Defects Liability Period:
35                                                     12 Months
     (Clause 37)
     The Charge for overheads, profit, etc., for Day
36   work:                                             Not Applicable
     (Clause 41(f))
     Times for Payment Claims:                         On the 1st of each Month or
37
     (Clause 42.1)                                     within 5 days prior
     Unfixed Plant and Materials for which payment
     claims may be made notwithstanding that
38
     they are not incorporated in the Works:
                                                       Refer Annexure Part B
     (Clause 42.1(ii))


     Retention Moneys on:
39                                                     Not Applicable
     (Clause 42.3)
40   Unfixed Plant or Materials - the alternative      Alternative 3
     applying:
     (Clause 42.4)
     The rate of interest on overdue payments:
41                                                 8% pa
     (Clause 42.9)
     The delay in giving possession of the Site
42   which shall be a substantial breach:
                                                   After 3 months
     (Clause 44.7)
     The alternative required in proceeding with
43   dispute resolution:
                                                   Alternative 2
     (Clause 47.2)
                                                   The Chairperson for the time
     The person to nominate an arbitrator:         being of the Institute of
44
     (Clause 47.3)                                 Arbitrators Australia, Victorian
                                                   Chapter
     Location of arbitration:
45                                                 Victoria
     (Clause 47.3)
ANNEXURE to the Australian Standard General
Conditions of Contract
                                                                PART B
This Table identifies Clauses which have been deleted, have been amended and differ
from, or have been added to, the Australian Standard AS 2124 - 1992.


(For further information, refer to Special Conditions for Lump Sum Contracts
available from Ben Gelnay, Manager Standards, Capital Management Branch,
Ph:     (03)     9616     2057,      Fax:      (03)    9616     2066,   Email:
ben.gelnay@dhs.vic.gov.au. Or for the latest version of ‘Special Conditions of
Contract’ refer to ‘Constructing Victoria’ on the Victorian Government web site
- www.buildingcommission.com.au.)
State Of Victoria

Statutory Declaration
     I,.................................................................................................
     .....................................................................................................
     do solemnly and sincerely declare that:



Definitions
1.   In this statutory declaration:-

     “the Client” means the STATE OF VICTORIA:
     ..........................................................................................................
     ...............................................................................................;

     “the Tenderer” means (detail of tendering corporation as appropriate):
     ..........................................................................................................
     ...............................................................................................;

     “Project” means (detail of the Project):
     .....................................................................................................
     ....................................................................................................;

     “tender price” means the amount indicated by a tenderer as being the
     lowest amount for which that tenderer is prepared to complete the Project;

     “Industry Association” means any organisation of building or construction
     contractors and includes the Master Builders’ Association of Victoria and the
     Australian Federation of Construction Contractors.



Preamble
2.   I    hold       the      position       of     (Managing     Director or  other title)
     ........................................................ of the Tenderer and am duly
     authorised by the Tenderer to make this declaration on its behalf.
3.   I make this declaration on behalf of the Tenderer and on behalf of myself.

Collusive Tendering
4.   Prior to the Tenderer submitting its tender for the Project, neither the
     Tenderer nor any of its servants or agents had knowledge of the tender
     price or proposed tender price for the Project of any other tenderer who
     submitted, or of any other person or organisation proposing to submit, a
     tender for the Project.
5.   Prior to the close of tenders, neither the Tenderer nor any of its servants or
     agents disclosed the Tenderer’s tender price for the Project to any other
     tenderer who submitted a tender for the Project, or to any other person or
     organisation connected with such a tenderer, person or organisation.
Cover Bidding
6.     Neither the Tenderer nor any of its servants or agents has provided
       information to any other tenderer who submitted a tender for the Project, or
       to any other person or organisation for the purpose of assisting in the
       preparation of a tender for the Project, being a tender known in the building
       and construction industry as a “cover bid”, where the Tenderer was of the
       belief that the person or organisation proposing to submit the tender did not
       intend to genuinely compete for the contract.
7.     The Tenderer is genuinely competing for the contract for the Project and its
       tender is not a “cover bid”.

Industry Association Agreements
8.     Neither the Tenderer nor any of its servants or agents has entered into any
       contract, agreement, arrangement or understanding, other than as
       disclosed to the Client, that the successful tenderer for the Project would
       pay any money to, or would provide any other benefit or other financial
       advantage to, an Industry Association in respect of the Project .

Unsuccessful Tenderers’ Fees
9.     Neither the Tenderer nor any of its servants or agents has entered into any
       contract, agreement, arrangement or understanding that the successful
       tenderer for the Project would pay any money, or would provide any other
       benefit or other financial advantage, to or for the benefit of any other
       tenderer who unsuccessfully tendered for the Project.

Qualifications to Tenders
10.    Neither the Tenderer nor any of its servants or agents has entered into any
       contract, agreement, arrangement or understanding that tenderers for the
       Project would include an identical or similar condition or conditions in their
       tenders.
And I make this solemn declaration conscientiously believing that it is true and
correct and is made in the belief that a person making a false declaration is liable
to the penalties of perjury.
................................................................................
(Signature of person making declaration)
Declared at ......................................................................................
the ............................................ day of .............................. 20 ........
Before me:

          ...............................................................................................

          ...............................................................................................
          (Signature, Title, Name and Address of person
           before whom the declaration is made)

				
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