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

Standard Form Contracts – Construction Works

Note that the following thresholds are guides only. Agencies should consider which contracts best meets the risk profile and complexity of the project.

Minor Works Contract (Short Form) (November 2023)

The Minor Works Contract is suitable for simple works projects up to $200,000 (Exc. GST) in value.

Medium Works Contract (Short Form) (September 2024)

The Medium Works Contract (Short Form) is suitable for medium scale procurements between $200,000 and $5 million (Exc. GST) in value.

Medium Works Contract (September 2023)

The Medium Works Contract is suitable for medium scale procurements between $1 million and $20 million (Exc. GST) in value.

Note: The Minor Works Contract (Short Form), Medium Works Contract (Short Form) and Medium Works Contract can be used for both construct only and design and construct projects.

The Schedule of Government Policy Requirements and Collateral Documents are used with the Minor Works Contract (Short Form), Medium Works Contract (Short Form) and Medium Works Contract.

Collateral documents (October 2023) comprise of:

1. Form of Statutory Declaration
2. Approved form of Deed of Novation
3. Approved form of Subcontractor Deed of Novation
4. Approved form of Consultant Deed of Novation
5. Approved form of Unconditional Undertaking
6. Approved form of Deed of Guarantee and Indemnity
7. Approved form of Collateral Warranty
8. Certificate as to Title

Victorian Public Sector General Conditions of Contract for Minor Works (September 2024)

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

• AS 4305-1996 Minor Works Contract (available through Standards Australia)

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 (September 2024) (note 2 applies)

• 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 (September 2024) (note 2 applies)

• AS 4300-1995 General Conditions of Contract for Design and Construct (available through Standards Australia)

Request for Tender

Request for Tender Conditions for use with Medium Works Contract (September 2024)

Request for Tender Conditions for use with the Victorian Public Sector model AS 4300-1995 (September 2024) and Victorian Public Sector model AS 2124-1992 (September 2024). Contains the Conditions of Tendering and the Tender Returnable Schedules.

Standard Form Contracts – Construction Services

Victorian Public Sector Consultancy Agreement (Short Form) (September 2024)

• Indicative value of 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. This Consultancy Agreement (Short Form) includes clauses for relevant Government policies. Use the Consultancy Agreement (Long Form) for Local Jobs First Strategic projects.

Victorian Public Sector Consultancy Agreement (Long Form) (September 2024)

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

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 (September 2024) for use with Victorian Public Sector model AS 4300-1995 (September 2024) and Victorian Public Sector model AS 2124-1992 (September 2024).

Refer to Practitioners toolkit - Tools and templates to access request for tender conditions.

Victorian Public Construction Contracts approved for one agency or portfolio

Approved for use by the Department of Environment, Land, Water and Planning, Parks Victoria and Department of Environment, Land, Water and Planning Funded Agencies

• Department of Environment, Land, Water and Planning Minor works contract

Approved for use by the Department of Families, Fairness and Housing
(formerly Department of Health and Human Services)

• Department of Health and Human Services (Housing) Consultancy Agreement
• Department of Health and Human Services Construction Management agreement - approved for use also by Victorian Health Building Authority

Approved for use by the Department of Health
(formerly Department of Health and Human Services)

• Victorian Health 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
• Development Victoria Major consultancy agreement
• Development Victoria Minor consultancy agreement

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 Ports Victoria
(formerly Victorian Ports Corporation Melbourne)

• Ports Victoria Construct only AS2124-1992
• Ports Victoria Design and Construct AS4300-1995
• Ports Victoria Major consultancy (long form)
• Ports Victoria Minor works AS4905-2002 (Construct only)
• Ports Victoria Minor works AS4905-2002 (Design and construct)

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

Approved for use by water corporations

• Water corporations - Major Works Contract, including optional clause bank
• Water corporations - Short Form Minor Works Contract

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 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 National Alliance Contracting Guidelines are approved forms of contract, provided that the relevant Agency has complied with the requirements of the applicable policy, including obtaining all necessary approvals. References to the Victorian Alliancing Policy have been superseded by the National Alliance Contracting Guidelines.

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 and support

Guidance to support consistent use of the Victorian Public Sector model AS 4300-1995 (September 2024) and Victorian Public Sector model AS 2124-1992 (September 2024) is presented in the Contracting Practice Notes.

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