Engineering Building & Infrastructure Pty Ltd – Submissions, Terms & Conditions
Engineering Building & Infrastructure Pty Ltd (EBNI) hereby declares that the following terms and conditions apply to its tender submissions for public building and infrastructure projects in NSW. These conditions shall govern the use of all materials and services related to EBNI’s tender responses and are contractual, binding, and enforceable. Each clause below is intended to clarify EBNI’s rights and obligations and those of the procuring agency (private clients, councils, or government entities) in relation to the tender documentation and process.
1. Provision of Services (No Free Advice)
EBNI’s tender submission includes only the documents, drawings, estimates and analyses expressly provided in response to the Request for Tender (RFT). No free professional services or advice (including engineering design, cost estimates, structural analysis design, feasibility studies, or similar deliverables) are included beyond the submitted bid materials. Any additional work or expert service requested by the agency – such as further scoping, detailed design, cost validation, or technical consulting – must be governed by a separate paid consultancy agreement. In other words, the tender response is made on the basis of its stated scope and assumptions, and EBNI does not provide unpaid design or advisory work as part of the submission. (This exclusion ensures that all extra services are compensated under a formal contract.)
2. Intellectual Property Rights
All intellectual property (“IP”) in the materials, designs, drawings, reports, calculations, and other content submitted by EBNI in its tender remains the exclusive property of EBNI unless otherwise licensed or assigned under a paid agreement. No grant of copyright or other IP rights in these materials is conferred by the act of submitting a tender. This principle is consistent with EBNI’s use of the Australian Standard AS 4902-2000 Design & Construct contract form. Under AS 4902-2000, any license granted by the contractor (EBNI) to the principal (the agency) is strictly limited to the purpose of carrying out the works specified. In practice this means EBNI retains full copyright and ownership of its designs, and the agency may only use copies of EBNI’s design documents for construction, maintenance, or repairs of the project as expressly permitted by AS 4902. Any other use—including adaptation, reproduction, or publication of EBNI’s designs or calculations—requires EBNI’s written authorization and appropriate compensation.
3. Restrictions on Use of Tender Materials
The issuance of a Request for Tender (RFT) or the mere act of considering EBNI’s bid does not entitle the procuring agency to reuse, rely on, adapt, or disclose EBNI’s submitted materials beyond the evaluation of the tender. These materials remain confidential and proprietary. NSW procurement policy explicitly prohibits a client from using or disclosing a tenderer’s intellectual property or proprietary information except for the intended evaluation and award of the contract. Likewise, Commonwealth rules recognize that protecting intellectual property and proprietary information is a valid basis to restrict tendering arrangements. Therefore, the agency may not appropriate EBNI’s design concepts, drawings, cost data or other bid content for use on any other project or future procurements without EBNI’s consent and remuneration. Any reuse or adaptation outside the scope of this tender process is unauthorize.
4. Additional Work and Consultancy
Should the agency require any services beyond those explicitly set out in the tender package (for example, additional scoping studies, refined designs, detailed cost estimates, geotechnical investigations, or other technical work), such work must be procured under a separate consultancy contract with EBNI. In practical terms, this means EBNI will not commence or provide any additional engineering or design work unless a formal scope of services and fee are agreed. This separation ensures that all extra tasks are appropriately funded. It also avoids any implication that EBNI’s bid documents were intended as fully detailed design or advisory deliverables – the bid itself is an offer to contract under specified conditions, and any change in scope beyond that offer must be subject to fresh agreement.
5. Enforcement and Remedies for Unauthorised Use
Any unauthorized use or disclosure of EBNI’s tender materials—including copying, adapting, or implementing the content without EBNI’s express license—may give rise to immediate enforcement action. EBNI expressly reserves the right to seek all remedies available at law and equity against any party that misappropriates its intellectual property or breaches these terms. This includes seeking injunctive relief, damages, and any applicable statutory penalties. Notably, under the NSW Public Works and Procurement Act (and related procurement regulations), unsuccessful tenderers have been granted statutory remedies if a government agency breaches enforceable procurement provisions. In particular, the NSW Procurement Amendment (Enforcement) Act provides that a tenderer may apply to the Supreme Court of NSW for an injunction or compensation where a government agency fails to observe its procurement obligations. EBNI will not hesitate to invoke these rights in the event that its proprietary tender information is misused. Additionally, any such conduct may be reported as a procurement complaint under the relevant policies. For the avoidance of doubt, using EBNI’s licensed work in contravention of these terms would be a material breach, entitling EBNI to seek corrective action immediately.
6. Governing Laws, Standards and Compliance
These Terms and Conditions are provided subject to and in accordance with all applicable laws and standards. In particular:
-
AS 4902-2000: EBNI’s standard contract terms align with the AS 4902-2000 “Design and Construct” form. That standard confirms that the contractor (EBNI) retains ownership of its design documents and grants only a limited license to the principal. EBNI’s intent under these terms is consistent with those provisions.
-
Public Works & Procurement Act 1912 (NSW): The NSW procurement framework (as amended by the 2018 Enforcement Act) establishes enforceable tendering rules and protections. It explicitly recognizes that measures “necessary to protect intellectual property” are permitted in procurement. The Act and its directions also provide tenderers with rights to challenge any procedural breaches, including improper use of tender IP.
-
Commonwealth Procurement Rules 2024: The Commonwealth’s procurement rules likewise acknowledge the need to safeguard IP. For example, the rules allow limited tendering where a sole supplier is required to protect patents, copyrights, or proprietary information. EBNI’s position leverages these principles by reserving its IP rights unless a legitimate licence is negotiated.
-
Modern Slavery Act 2018 (Cth): EBNI has adopted a Modern Slavery and Worker Welfare Policy and is fully compliant with the Commonwealth Modern Slavery Act (2018) and related NSW legislation. We expect any resulting contract to include standard modern slavery clauses and to uphold high ethical and human rights standards. This declaration is consistent with EBNI’s commitment to lawful, ethical procurement practices and transparency in its supply chain.
Our Terms & Conditions
The stipulations within the tender must not supersede statutory entitlements: The RFT clause is neither designed to nor capable of overriding the rights of tenderers as established under the Public Works and Procurement Act, nor the avenues for complaints provided by Section 176A. Any infringement could subject the agency to potential injunctions or financial compensation.
1. Fee Basis
The fees for professional services outlined in this agreement shall be established based on the total estimated construction cost, referred to as the "Project Value," and shall adhere to a tiered percentage structure. All pre-construction planning, design, analysis, estimating, or feasibility advice is of paramount importance and necessitates a strategic approach to mitigate project risks and ensure seamless execution, thereby averting issues such as modern slavery and bankruptcy. All estimates are derived from Rawlinson's Estimate Guide.
2. Payment Claims & Security of Payment Rights
-
Payment claims will be submitted progressively or per agreed milestones, usually monthly, under the Building & Construction Industry Security of Payment Act 1999 (NSW) (or applicable jurisdiction).
-
Each claim will detail the estimated project value and the corresponding fee calculated per the tiered structure.
-
Project value may be updated during the agreement (e.g. due to scope changes or approved variations), and fees adjusted accordingly in future claims.
-
The consultant retains the right to adjudication or payment recovery under the Security of Payment legislation, regardless of any retention or dispute.
3. Preliminary & Administrative Charges
-
An administrative fee of AUD 1,877.37 (ex GST) covers setup, compliance coordination, and internal tendering administration documentation. These fees are invoiced upon engagement initiation and are non-refundable, regardless of whether the principal later proceeds with other parties.
-
A preliminary deposit of 5% of the total building construction value is mandated before mobilising the work. This deposit excludes engineering and project management services, which are contracted and billed separately.
4. Consultation Fee Schedule
Payment entitlement arises upon award of the construction contract (or equivalent), with the consultation fee due to the principal contractor per the schedule bellow:
Project Value Range (AUD) | Consultation Fee Rate | Applicable Rate |
|---|---|---|
$500,000-$1,000,000 | 7.50% | $45,000 + 7.50c for every $1 over $500,000 |
$1,000,0001-$5,000,000 | 7.50% | $120,000 + 7.50c for every $1 over $1,000,000 |
$5,000,001-$10,000,000 | 7.00% | $340,000 + 7.00c for every $1 over $5,000,000 |
$10,000,001-$15,000,000 | 5.50% | $590,000 + 5.50c for every $1 over $10,000,000 |
$15,000,001-$30,000,000 | 5.25% | $880,000 + 5.25c for every $1 over $15,000,000 |
$30,000,001-$50,000,000 | 4.50% | $1,515,000 + 4.50c for every $1 over $30,000,000 |
$50,000,001 & over | 4.00% | $3,215,000 + 4.00c for every $1 over $50,000,000 |
5. Valuation & Adjustment of Project Value
-
Project value is typically set using the final approved construction cost, referencing industry benchmarks such as the Rawlinsons Estimate Guide or agreed forecasts if the final cost is not yet determined.
-
Should the scope evolve via formal variations, the consultant is entitled to revisable fees in line with the updated project value.
-
A cost-plus agreement is also an available alternative. EBNI is committed to upholding its partnership principles and working closely with clients to achieve exceptional projects.
6. Structural Engineering Services
-
Structural fees are set at 3.5% for buildings, bridges and roads of the Implied Project Value, subject to mutual agreement.
-
The structural fee is payable progressively at key project milestones:
-
Concept & Mathematical Design – 50%
-
Detailed Design Plans & Documentation – 30%
-
Construction Phase Services – 20%
-
-
Any variation in project value beyond initial estimates entitles the consultant to recalculated structural fees aligned with a mutually agreed-upon or revised value.
-
Any modification to the services reserved online with the contractor shall be subject to adjustment in accordance with the ultimately agreed project scope. Where the actual scope of work varies from the scope implied by the consumer or client at the time of booking, the Consultant (Contractor) reserves the right to adjust the services, fees, schedule, and deliverables accordingly. Any such modifications shall be confirmed in writing and shall only be binding upon the execution of the final agreement.
7. Project Management Fee
-
A separate project management fee will be agreed in writing, distinct from design and structural fees.
-
This fee is not subject to retention and payable in full via progressive milestone invoicing, based on clearly defined stages such as tendering, contractor engagement, construction start, milestone reviews, and practical completion (with release of retention monies).
10% - 20% Potential growth
Potential growth refers to the capacity for a person, business, or economy to expand beyond its current performance, given the right conditions and strategic inputs. It represents the untapped or underutilized ability to improve outcomes, increase productivity, or deliver greater value. For a business, this might involve scaling operations, entering new markets, or adopting innovative technologies. For individuals, potential growth is driven by learning, adaptability, and resilience. Recognizing and investing in potential—not just present performance—is what distinguishes sustainable success from short-term achievement.
2028
2027
2026
2026
2025
© 2026 Engineering Building & Infrastructure Pty. Ltd.
Manufactured Equipment and Materials, Constructed on Site.