Ministerial Directions and Instructions for Public Construction Procurement
The Ministerial Directions and Instructions set out the mandatory rules for public construction procurement.
Guidance for Public Construction Procurement
The non-mandatory Guidance supports the mandatory Ministerial Directions and Instructions for public construction procurement.
Forms of contract for construction works
The following standard form contracts have been approved for use across the Victorian public sector.
Refer to Contracting Requirements (Direction 7.1) for further information on standard form contracts.
Please note that the month and year in the template represent the most recent version of each template.
Collateral documents (October 2023) comprise of:
- Form of Statutory Declaration
- Approved form of Deed of Novation
- Approved form of Subcontractor Deed of Novation
- Approved form of Consultant Deed of Novation
- Approved form of Unconditional Undertaking
- Approved form of Deed of Guarantee and Indemnity
- Approved form of Collateral Warranty
- Certificate as to Title
The Schedule of Government Requirements and the Schedule of Collateral Documents can be used with the Medium Works, Medium Works (Short Form) and the Minor Works (Short Form) contracts.
Standards Australia General Conditions of Contract AS 2124-1992 used with Victorian Public Sector – Annexure Part B Special Conditions of Contract for use in association with Australian Standard General conditions of contract for AS 2124-1992 (January 2025)
- AS 2124-1992 General Conditions of Contract (available through Standards Australia)
Standards Australia General Conditions of Contract for Design and Construct AS 4300-1995 used with Victorian Public Sector – Annexure Part B Special Conditions of Contract for use in association with Australian Standard General conditions of contract for design and construct AS 4300-1995 (January 2025)
- AS 4300-1995 General Conditions of Contract for Design and Construct (available through Standards Australia)
Forms of contract for construction services
- This Consultancy Agreement (Short Form) is intended for lower complexity projects. While a maximum contract value does not apply, use of this Consultancy Agreement (Short Form) is intended for services below $3 million.
The Supply Contract (with options for Design and Installation) has been developed to support the procurement of equipment and components for public construction projects.
Request for tender conditions
The Request for Tender Conditions contain the Conditions of Tendering and the Tender Returnable Schedules.
Fact sheets
Fact sheets provide answers to common questions.
Defining public construction (Guidance 1.3b)
Templates
Proof of payment to subcontractors template
Refer to Contractual terms and conditions (Instruction 7.2) for further information on using the Proof of payment to subcontractors - statutory declaration.
Supplier performance shared reporting template
Submit performance reports via the online buyer portal feedback form(opens in a new window).
Occupational health and safety management templates
Refer to Mandatory evaluation criteria for OHS management (Attachment 1 to Instruction 3.7) for further information on the Mandatory evaluation criteria for occupational health and safety management.
Projects valued more than $750,000 (inclusive of GST)
Template occupational health and safety management systems are available at:
- Applying for pre-qualification Construction Supplier Register
- Applying for pre-qualification Residential Cladding Rectification Register
Projects valued less than $750,000 (inclusive of GST)
Template response to the occupational health and safety management criteria is available at Applying for pre-qualification Construction Supplier Register - category Low value works projects
Industrial relations management template
The industrial relations management self-assessment management checklist is available at:
- Applying for pre-qualification Construction Supplier Register
- Applying for pre-qualification Residential Cladding Rectification Register
- Applying for pre-qualification Construction Supplier Register - category Low value works projects
Refer to Mandatory evaluation criteria for OHS management (Attachment 2 to Instruction 3.7) for further information on the Mandatory evaluation criteria for industrial relations management.
Financial standing template
Projects valued less than $500,000 (inclusive of GST)
The financial standing template for use with the category Low value works projects is available at Applying for pre-qualification Construction Supplier Register - category Low value works projects
Practice notes
Detailed guides
Detailed guides provide support on specific aspects of construction procurement.
Offsite Construction Model Clauses
Occupational health and safety management guide - projects valued more than $500,000 (GST inclusive)
Refer to Evaluation criteria (Instruction 3.7) and Mandatory occupational health and safety management criteria (Attachment 1 to Instruction 3.7) for further information on the OHS management criteria.
Occupational health and safety management guide - projects valued less than $500,000 (GST inclusive)
Refer to Evaluation criteria (Instruction 3.7) and Mandatory occupational health and safety management criteria (Attachment 1 to Instruction 3.7) for further information on the OHS management criteria.
Industrial relations management
Refer to Evaluation criteria (Instruction 3.7) and Mandatory industrial relations management criteria (Attachment 2 to Instruction 3.7) for further information on the IR management criteria.
Supplier performance reporting
The Detailed guide to completing a supplier performance report sets out the method to follow when assessing the performance of suppliers. This guide also establishes the grading scales to apply when assessing how suppliers perform. Refer to Supplier performance and shared reporting regime (Instruction 8.2) for further information on supplier performance reporting.
Checklists
List of the mandatory requirements of the Directions and Instructions for Public Construction.
Tools and support
The Practitioners Toolkit includes key documents, guidance and information relating to the Ministerial Directions and Instructions for public construction procurement.
Toolkit for the management of solid waste from civil and construction demolition sites
This Toolkit has information for civil and construction industry practitioners to help them meet their environmental legislative requirements for the correct management of solid waste from civil and construction and demolition sites.
Health and Safety in Construction Procurement - A handbook for the public sector, WorkSafe Victoria
This guide provides practical guidance to practitioners who procure, commission, manage and maintain government building and construction projects. The guide includes advice about how to integrate health and safety into the main phases of the construction procurement process and is intended to assist agencies to fulfill their duties under the Occupational Health and Safety Act 2004.
Contact the Construction Policy Team if you can't find what you need or require help in using one of these templates.
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