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Department of Defence - Proforma Building Code 2013 Subcontract Provisions (for use with DSC-1 2003) Legal\110253653.10 Last updated: 20 February 2013 1 BUILDING CODE 2013 SUBCONTRACT PROVISIONS [FOR USE WITH DSC-1 2003 ONLY AND ONLY IF DSC-1 INCLUDES PROVISIONS FOR THE BUILDING CODE 2013] The Consultant must ensure that each contract (including subcontracts) contains the following provisions (see clause 16.1(d)). These provisions assume a one-stage tender process only. If a registration of interest process is used, the Consultant must ensure that these provisions have been appropriately amended for that purpose. TENDER CONDITION ##. NATIONAL CODE OF PRACTICE FOR THE CONSTRUCTION INDUSTRY ##.1 General The Tenderer's attention is drawn to the Building Code 2013 which applies to this project. A copies of the Building Code 2013 is available at www.deewr.gov.au/BuildingCode. By submitting a Tender, the Tenderer: (a) will be deemed to have read; and (b) agrees that it must comply with, the National Code and the Building Code 2013. ##.2 Tenderer's Response As part of its Tender, the Tenderer must complete and submit Tender Schedule ## - Building Code 2013, which includes: (a) signing a Declaration of Compliance in the form set out in item A; and (b) completing the Questionnaire in item B and providing the details in item C. If the Tenderer wishes to submit its Tender on a joint bid basis, it must provide the information in Tender Schedule ## - Building Code 2013 for each joint bid party (as applicable). At the time of submitting its Tender, the Tenderer: (c) must comply with the Building Code 2013; and (d) must not be precluded from tendering for Australian Government funded work or specifically excluded from participating in this tender process. If the Tenderer wishes to submit its Tender on a joint bid basis, each joint bid party must satisfy these requirements (as applicable). The Tenderer should be aware that the Building Code 2013 applies to: (e) this project; and (f) all building work (as specified in Schedule 1 of the Building Code 2013) including: (i) privately funded building work as defined in item 9 of Schedule 1 of the Building Code undertaken by the Tenderer and its Related Entities; and (ii) building work undertaken by the Tenderer's Related Entities and Tenderer's subsubconsultants who may be engaged by the Tenderer on this project. Notwithstanding any other provision of the [Tender Documents], by submitting its Tender, the Tenderer consents to the disclosure of information concerning compliance with the Building Code 2013, and sanctions in respect of non-