Amending standard NTG contractual terms and conditions to incorporate the successful tenderer's Local Content commitments
Under the Buy Local Plan, a tenderer’s local content commitments and undertakings specific to the contract will be incorporated into the contract as a legally binding commitment. This includes names of local sub-contractors and suppliers that will be used, employment or training targets, and other local development commitments included in a tender response. This measure addresses, for example, the situation where a local sub-contractor is included in a tender response (and assessed favourably on that basis), but is then replaced with a cheaper, interstate option after contract award.
NTG understands that circumstances may change during the course of a contract which are genuinely unforeseen, outside a contractor’s control and alter the local content makeup of a contract. NTG’s approach to enforcing these clauses will therefore be pragmatic and reasonable - businesses will not be held in breach for changes outside their control, however they will be expected to advise NTG of such changes, and work collaboratively with government to ensure that local content is maintained to optimum levels throughout the contract duration.