Practitioners Toolkit – Standard form contracts

Standard form construction contracts are available for general use.

Approved standard form contracts

Contracting requirements (Direction and Instruction 7.1) requires contracts to be in a form approved by the Secretary to the Department of Treasury and Finance.  Collectively, these contracts are referred to as the Victorian Public Construction Contracts.

The following Victorian Public Construction Contracts have been approved by the Secretary to the Department of Treasury and Finance, under the provisions of Direction 7.1.1.

Victorian Public Construction Contracts approved for all agencies

Recommended for minor works

Victorian Public Sector General Conditions of Contract for Minor Works (VPS MWC June 2018)

  • Indicative value of works - works below the thresholds applying for the Victorian Industry Participation Policy, being $1 million in regional areas and $3 million in metropolitan areas.

Standards Australia Minor Works Contract Conditions AS 4305-1996  (note 1 applies)

Royal Australian Institute of Architects Minor Works Contract MWC-2  1994 (note 1 applies)

Recommended for major works

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 (June 2018)  (note 2 applies)

  • Indicative value of works - works above the thresholds applying for the Victorian Industry Participation Policy, being $1 million in regional areas and $3 million in metropolitan areas
  • 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 (June 2018)  (note 2 applies)

  • Indicative value of works - works above the thresholds applying for the Victorian Industry Participation Policy, being $1 million in regional areas and $3 million in metropolitan areas
  • AS 4300-1995 General Conditions of Contract for Design and Construct (available through Standards Australia)

Recommended for construction services

Victorian Public Sector Consultancy Agreement (Short Form) (June 2018)

  • Indicative value of services - services below the thresholds applying for the Victorian Industry Participation Policy, being $1 million in regional areas and $3 million in metropolitan areas.

Victorian Public Sector Consultancy Agreement (Long Form) (June 2018)

  • Indicative value of services - services above the thresholds applying for the Victorian Industry Participation Policy, being $1 million in regional areas and $3 million in metropolitan areas.

Standards Australia General Conditions of Contract for Engagement of Consultants AS 4122(Int)-1997  (note 1 applies)

Notes:

Note 1: Amendment required for compliance with law and policy under Contracting requirements (Direction 7.1.2(a)(i)) and Contractual terms and conditions (Direction 7.2.1). As the intellectual property in these contracts is not owned by the State of Victoria, amending these contracts may require the purchase of additional licensing rights or the careful use of special conditions.

Note 2: Consistent with Form of tender Documentation (Instruction 3.6.1), these contracts should be used in conjunction with the Victorian Public Sector Request for Tender for use with Victorian Public Sector model AS 4300-1995 and Victorian Public Sector model AS 2124-1992 (June 2018).

Victorian Public Construction Contracts approved for one agency or portfolio

Approved for use by the Department of Health and Human Services

  • Office of Housing General Conditions of Contract for Minor Works
  • Department of Health and Human Services (Housing) Consultancy Agreement
  • Victorian Health and Human Services Building Authority Consultancy Agreement

Approved for use by Development Victoria

  • Development Victoria Design and Construct – modified form of AS4300-1995
  • Development Victoria Construct-only – modified form of AS2124-1992

Approved for use by the Office of the Co-ordinator General

  • Office of the Co-ordinator General Provision of Project Services (Technical Services) Agreement

Approved for use by VicRoads

  • VicRoads General Conditions of Contract - Quotation for Works / Services GCC13
  • VicRoads Minor Works 2017 GCC18
  • VicRoads Construct-Only - Road and Bridge Works 1994 GCC01
  • VicRoads General Conditions of Contract for Design and Construct (AS4300-1995-VR) GCC08
  • VicRoads Short Form Consultancy Agreement PS1
  • VicRoads Long Form Consultancy Agreement PS2
  • VicRoads Standing Offer Arrangement for Professional Services SOA

Approved for use by the Victorian Schools Building Authority

  • Victorian Schools Building Authority Construct Only – modified form of AS2124-1992
  • Victorian Schools Building Authority Construct Only (Works >$15 million) – modified form of AS2124-1992
  • Victorian Schools Building Authority Design and Construct – modified form of AS4300-1995
  • Victorian Schools Building Authority Design and Construct (Works > $15 million) – modified form of AS4300-1995
  • Victorian Schools Building Authority Consultancy Agreement

Transitional provisions for contracting

Transitional provisions apply for Agencies using other types of contract, refer to the Fact sheet - Transitional provisions for the introduction of the new Ministerial Directions for Public Construction Procurement available at Practitioners Toolkit - Fact sheets for public construction procurement.

Limited circumstances when a non-standard contract may be used

Use of the Victorian Public Construction Contracts (Instruction 7.1.2) provides limited circumstances when an amended Victorian Public Construction Contract or alternative form of contract may be used. Please contact the Construction Policy Team at construction.procurement@dtf.vic.gov.au or call 03 9651 5300 for further clarification.

Other forms of contract

Early contractor involvement

Indicative value of works / services: Any value

Approved form of contract: No approved standard form. However, departments and public bodies must apply National Alliance Contracting Guidelines Guidance Note 6 Early Contractor Involvement and Other Collaborative Procurement Methods

Alliance

Indicative value of works / services: Any value

Approved form of contract: Forms of contract consistent with the requirements of the Victorian Alliancing Policy are approved forms of contract, provided that the relevant Agency has complied with the requirements of the applicable policy, including obtaining all necessary approvals.

Public Private Partnership

Indicative value of works / services: Any value

Approved form of contract: Forms of contract consistent with the requirements of the Victorian PPP Policy are approved forms of contract, provided that the relevant Agency has complied with the requirements of the applicable policy, including obtaining all necessary approvals.

Tools resources and assistance

Guidance to support consistent use of the Victorian Public Sector model AS 4300-1995 and Victorian Public Sector model AS 2124-1992 (June 2018) in presented in the Contracting practice Notes (June 2018).

A clause bank of additional contract clauses is available to address specific project requirements. Access to the clause bank is available to Victorian Public Sector staff. refer to Practitioners Toolkit - Standard form contracts clause bank.

For more information in about standard form construction contracts and special conditions of contract, contact the Construction Policy Team.

Reviewed 09/07/2018
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