eServices register supplier rules of use

The supplier rules of use describe how suppliers can register for and be engaged under the eServices register.

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1 Introduction

The Department of Government Services (Department) is the department responsible for the implementation of the Victorian Government Digital Strategy 2021-2026, and for the management of the Victorian Government eServices Register. The Victorian Government Digital Strategy recognises the importance of involving locally-based small and medium enterprises either directly or through the supply chain, and the establishment and maintenance of a register of suppliers for eServices is a way of achieving that objective. This document sets out the rules for admission to the eServices Register (Register) and how, if admitted, Suppliers are required to operate as members of the Register.

Subject to these Rules, suppliers who are admitted to the Register will be available to government buyers wishing to purchase eServices.

2 Registration

2.1 Registration process

  1. The Registrant agrees and acknowledges that:
    Admission to the Register can only be through the process set out on the eServices for suppliers webpage (Registration Process)
  2. admission to the Register can be sought at any time during the operation of the Register
  3. it must provide all the information requested in the Registration Process
  4. it must ensure all the information requested in the Registration Process is accurate and not misleading, and
  5. the information provided by the Registrant may be subject to investigation, reference checking, searches, interview, enquiries, and confirmation. Registrants and Suppliers are deemed to have authorised any such action.

2.2 Admission requirements

The Registrant agrees and acknowledges that:

  1. admission to the Register as a Supplier is subject to meeting the Admission Requirements set out below
  2. the Admission Requirements are:
    1. the provision of all the information required as part of the application process
    2. the Department being satisfied with the information, including the accuracy of the information
    3. the Registrant’s agreement to these Rules, and
    4. the Registrant’s confirmation of the Registrant’s Warranties set out below.
  3. admission to the Register does not extend to related or subsidiary companies owned or controlled by the applicant, and admission is not transferrable to such companies, and
  4. admission to the Register does not constitute the Department’s or government’s endorsement or approval of the supplier as a provider of eServices. Subject to these Rules, admission to the Register means that the Registrant is available to be approached by Government Buyers in relation to the purchase of eServices.

2.3 Registrant’s Warranties

The Registrant warrants that:

  1. the Registrant’s Representative is authorised to undertake the Registration Process on behalf of the Registrant
  2. the Registrant is not the subject of an Insolvency Event
  3. the Registrant is not subject to any form of administrative or legal proceedings, and
  4. the Registrant’s Representative and the Registrant have read the Privacy Statement, accept the conditions and provide the warranty set out in that Privacy Statement.

2.4 Notification of outcome of the Registration Process

The Registrant agrees and acknowledges that:

  1. successful Registrants to the Register may not be notified of the outcome
  2. successful registrants will become active within Digital Marketplace and be able to be requested to quote, and
  3. the Department may, in its absolute discretion, decide not to admit a Registrant to the Register. The Department will notify Registrants of such a decision by email.

2.5 Effective date of admission to the Register

The Registrant agrees and acknowledges that admission to the Register:

  1. takes effect from the time that a Registrant is approved on the Register by the Department, and
  2. remains in force until the earliest of the:
    1. Department removing the Supplier from the Register
    2. Department closing or dissolving the Register
    3. the Supplier removing itself from the Register, or
    4. the Supplier being wound up or found insolvent.

2.6 Review of decisions not to admit Registrants to the Register

The Registrant agrees and acknowledges that:

  1. if it is not admitted to the Register for any reason, it must seek a review by the category manager in the Department via submission to support@buyingfor.vic.gov.au and
  2. if not satisfied with the response from the category manager, then it may request a review of the decision by written notice setting out full details of the reasons for the review request (Review Request). The Review Request must be sent within seven days after receiving the notification of the category manager’s decision to:

Director, WoVG IT Strategic Sourcing & Digital
Department of Government Services
Level 16, 35 Collins Street, Melbourne VIC 3000

  1. the category manager will review the Review Request and inform the Registrant of the outcome in writing

3 Terms and conditions for Buyer Contracts

Once a Registrant is admitted to the Register, they become a Supplier.

The Department has developed the eServices Contract and IT Infrastructure Purchase Order Terms and Conditions, which will be the contracts that will be used for all engagements with Suppliers on the Register. The Supplier acknowledges and agrees that it:

  1. will only engage with Government Buyers under the eServices Contract and/or the IT Infrastructure Purchase Order Terms and Conditions
  2. will not be permitted to negotiate the terms and conditions of the eServices Contract and/or the IT Infrastructure Purchase Order Terms and Conditions, although complementary or additional non contradictory terms can be included in the eServices Contract Variables or the IT Infrastructure Purchase Order template, if negotiated and agreed by the supplier and the Government buyer, and
  3. will not use or engage with Government Buyers under any other terms and conditions except those set out and agreed to in the eServices Contract and the IT Infrastructure Purchase Order Terms and Conditions.

The eServices Contract, IT Infrastructure Purchase Order Terms and Conditions and associated contract variables document and the IT Infrastructure Purchase Order template are available on the eServices web page and within Digital Marketplace on the Register. Please refer to Guidance on use of Contract on the eServices web page.

4 Supplier acknowledgements

4.1 No guarantee of business

The Supplier agrees and acknowledges that the Department does not guarantee that the Supplier will:

  1. remain on the Register for any period of time
  2. gain any revenue or profit by registering for the Register or becoming a Supplier
  3. be contacted by any Government Buyer to provide services
  4. enter into any Customer Contracts, or
  5. be engaged to provide any services or undertake work of any kind or quantity.

4.2 Further enquiries

Despite admission to the Register, the Supplier agrees and acknowledges that they may be subject to further and more detailed investigation, reference checks, searches, interview, enquiries, and confirmation either prior to or as part of the process leading to the formation of a Customer Contract.

4.3 Register and procurement of eServices subject to Government Policy

The Supplier agrees and acknowledges that:

  1. the Register is subject to the relevant Government Policies, as amended from time to time, including the Victorian Government Purchasing Board Policies Guides and Tools and the Victorian Government IT Strategy 2021-2026, and
  2. All procurement of eServices through the Register must comply with all relevant Government Policies, as amended from time to time, including the Victorian Government Purchasing Board All Procurement Policies and the Victorian Government IT Strategy 2021-2026.

4.4 Suspension or Removal from the Register

The Department may in its absolute discretion suspend or remove a Supplier from the Register without cause or fault.

5 Confidentiality

5.1 Disclosure of Supplier’s information

  1. Subject to Rule 5.1(b), the Department agrees to treat as confidential any confidential information of or relating to the Supplier provided to the Department during the Registration Process or as otherwise required under these Rules.
  2. The Supplier agrees and acknowledges that:
    1. the Department (or such other Governmental Agency as may, from time to time, be responsible for doing so) publishing, whether on the internet or otherwise, all such information as is necessary to comply with the requirements of the Contract Management and Contract Disclosure Goods and Services Policy
    2. the Department making available to the Victorian Auditor-General all information that is requested by the Auditor-General
    3. the Department making available all information in relation to the Supplier, the Application or the Register as may be required to comply with its obligations under the Freedom of Information Act 1982 (Vic), and
    4. the Department making available all information to Government Buyers.

5.2 Disclosure of Department’s information

  1. The Supplier will (and will ensure that its employees, agents and advisers will):
    1. use and reproduce Confidential Information only to perform its obligations in relation to the Register, and
    2. not disclose or otherwise make available Confidential Information other than to personnel who have a need to know the information to enable the Supplier to perform its obligations under these Rules or a Customer Contract.
  2. All Confidential Information will remain the property of the Department or the relevant Government Buyer and all copies or other records containing the Confidential Information (or any part of it) must be returned by the Supplier to the Department or the relevant Government Buyer upon request.
  3. The Supplier agrees and acknowledges that the Department or Government Buyer (as the case may be) will be entitled (in addition to any other remedy it may have) to seek an injunction or other equitable relief with respect to any actual or threatened breach by the Service Provider of this Rule 5.2 and without the need on the part of the Department or the relevant Government Buyer to prove any special damage.

6 General

6.1 Compliance with Laws

The Supplier must comply with all relevant policies and Laws. Any breach of applicable policies or Laws may result in the termination of Customer Contracts, the removal of the Supplier from the Register or both.

6.2 Changes to these Rules

  1. The Department may amend or otherwise change these Rules in its absolute discretion.
  2. The Supplier must ensure it complies with the most recent version of these Rules.
  3. The Supplier can access the most recent version of these Rules on the eServices webpage and in the Register via Digital Marketplace.

6.3 Termination of Register

The Register can be terminated at the sole discretion of the Department with or without cause or notice, and at no fault to the Registrant or Supplier.

6.4 Definition and interpretation

Unless the context otherwise requires, capitalised terms have the following meaning:

Admission Requirements mean the requirements for admission to the Register as a Supplier, as set out at Rule 2.2(b).

Confidential Information means any technical, scientific, commercial, financial or other information of, about, or in any way related to, the Department or a Government Buyer, including any information designated by the Department or a Government Buyer as confidential, which is disclosed, made available, communicated or delivered to the Supplier in connection with the Register or any Customer Contract, but excludes information:

  1. which is in or which subsequently enters the public domain other than as a result of a breach of these Rules
  2. which the Supplier can demonstrate was in its possession prior to the date of the Supplier’s admission to the Register
  3. which the Supplier can demonstrate was independently developed by the Supplier
  4. which is lawfully obtained by the Supplier from another person entitled to disclose such information, or
  5. which is disclosed pursuant to legal requirement or order.

Customer Contract means an eServices Contract or the IT Infrastructure Purchase Order Terms and Conditions between a Supplier and a Government Buyer in relation to eServices.

Department means the Department of Government Services.

Digital Marketplace means the software system used to support the operation of the Register.

eServices means the services described from time to time on the Register.

eServices Contract means the terms and conditions set out in the document titled ‘eServices Register Contract, Revision 5.2, 22 April 2021’ as amended by the State from time to time.

Insolvency Event means gone into liquidation or a receiver and manager or mortgagee’s or chargee’s agent is appointed or becomes subject to any form of insolvency administration or arrangement, or in the case of an individual, becomes bankrupt or enters into a scheme or arrangement with creditors.

IT Infrastructure Purchase Order Terms and Conditions means the document titled ‘Victorian Government IT Infrastructure Register Purchase Order Terms and Conditions, Version 3.0, 20 September 2021’ as amended by the State from time to time.

Laws means the law in force in the State and the Commonwealth of Australia, including common law and legislation.

Government Buyer means any person or entity who has registered as a government buyer on the Register.

Privacy Statement means the privacy statement, published at: Department of Premier and Cabinet - Privacy Policy.

Registrant means the service provider on whose behalf the Registration Process is undertaken.

Registration Process means an online registration process referred to in Rule 2.1(a).

Registrant’s Representative means the person or persons who undertake the Registration Process on behalf of the Registrant.

Registrant’s Warranties means the warranties set out at Rule 2.3.

Register means the eServices register.

Rules means these rules.

State means the State of Victoria.

Supplier means a Registrant admitted to the Register to supply services to Government Buyers.

Unless expressed to the contrary,

  1. “including” and similar expressions are not words of limitation
  2. if a word or phrase is defined its other grammatical forms have corresponding meanings
  3. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning, and
  4. headings are for convenience only.

Version V2.3, 14 December 2023

Updated

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