Common use of Building Code 2013 Clause in Contracts

Building Code 2013. 84.11.1 The Service Provider must comply with the Building Code 2013 (Building Code). Copies of the Building Code are available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇/▇▇▇▇▇▇▇▇▇▇▇▇. 84.11.2 Compliance with the Building Code does not relieve the Service Provider from responsibility to perform this Services Agreement, or from liability for any defect in the works arising from compliance with the Building Code. 84.11.3 Where a change in this Services Agreement is proposed and that change would affect compliance with the Building Code, the Service Provider must submit a report to the Commonwealth specifying the extent to which the Service Provider’s compliance with the Building Code will be affected. 84.11.4 The Service Provider must maintain adequate records of the compliance with the Building Code by: (a) the Service Provider; (b) its Subcontractors; (c) consultants engaged by the Service Provider; and (d) its Related Entities (refer Section 8 of the Building Code). 84.11.5 If the Service Provider does not comply with the requirements of the Building Code in the performance of this Services Agreement such that a sanction is applied by the Minister for Employment, the Code Monitoring Group or the Commonwealth, without prejudice to any rights that would otherwise accrue, those Parties will be entitled to record that non- compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Service Provider or a Related Entity in respect of work funded by the Commonwealth or its agencies. 84.11.6 While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders, the Service Provider may give preference to Subcontractors and consultants that have a demonstrated commitment to: (a) adding and/or retaining trainees and apprentices; (b) increasing the participation of women in all aspects of the industry; or (c) promoting employment and training opportunities for Indigenous Australians in regions where significant indigenous populations exist. 84.11.7 The Service Provider must not appoint a Subcontractor or consultant in relation to the Services where: (a) the appointment would breach a sanction imposed by the Minister for Employment; or (b) the Subcontractor or consultant has had an adverse Court or Tribunal decision (not including decisions under appeal) for a breach of workplace relations law, WHS Laws, or workers’ compensation law and has not fully complied, or is not fully complying, with the order. 84.11.8 The Service Provider agrees to require that it and its Subcontractors or consultants and its Related Entities provide the Health Representative, including a person occupying a position in the Fair Work Building Industry Inspectorate, with access to: (a) inspect any work, material, machinery, appliance, article or facility; (b) inspect and copy any record relevant to the Project the subject of this Services Agreement; and (c) interview any person, 84.11.9 Additionally, the Service Provider must, and must ensure that its Related Entities comply with any request by Health or any other relevant Commonwealth entity to produce a specified document within a specified period, in person, by fax or by post. 84.11.10 The Service Provider must ensure that all subcontracts impose obligations on Subcontractors equivalent to the obligations under this clause 84.