Goods and services standard contract templates

Standard contract templates are available for use by agencies.

The contracts govern goods and services from low to medium complexity and cover one-off supply and sole entity purchases.

For complex or high-risk procurements, engage the agency’s procurement team and seek legal advice.

Contracts for the supply of goods

General conditions for the supply of goods

Use for low complexity, low value procurement of goods.

This is also the default terms and conditions when a purchase order is issued for goods and there is no existing executed contract in place.

Agreement for the supply of goods, one-off purchases

Use for more complex procurement of goods where there is a defined output or number of goods required with a definite end date.

Agreement for the supply of goods, standing offer

Use for more complex procurement of goods where a price is established for a period. This contract can also be used where there is more than one supplier under a procurement arrangement.

Purchasing under this contract requires issuing a purchase order.

Contracts for the supply of services

General conditions for the provision of services

Use for low complexity, low value procurement of services.

This is also the default terms and conditions when a purchase order is issued for services and there is no existing executed contract in place.

Agreement for the provision of services one-off purchases

Use for more complex procurement of service where there is a defined scope of works with a clear start and end date.

Agreement for the provision of services standing offer (sole entity multiple purchases)

Use for more complex procurement of services where a price is established for a period. This contract can also be used where there is more than one supplier under a procurement arrangement.

Purchasing under this contract requires issuing a purchase order.

Using the standard contract templates

The contract required will depend on what is being procured and the level of complexity or difficulty. Here are a few things to consider.

The difference between a one-off contract and a sole entity purchasing contract:

• A one-off contract sets provisions where there is a defined output within a specified time.
• A sole entity purchase contract sets out provisions over a period of time. A purchase order is required to order from the contract.

Contracts impose different conditions for goods and services.

Goods contract include:

• conditions for testing and accepting goods
• delivery of the goods
• establishes when the title and risk transfer from the supplier to the agency.

Service contracts include:

• conditions relating to the supplier’s staff
• names of staff providing the service
• service levels
• performance management
• intellectual property
• data management.

When buying both goods and services, seek advice from the procurement team or legal department.

For more information refer to Goods and services market approach templates.

Model clauses for the procurement of uniforms and PPE

When buying uniforms and personal protective equipment insert the model clauses.

Model clauses for the Social Procurement Framework

Agency's may need to include Social Procurement Framework model clauses in the contract. Review the social procurement model clauses.

Fair Payments Policy

These contracts include a new clause relating to the Fair Payments Policy. The Fair Payments Policy applies to contracts with a total value of less than $3 million.

By using these contracts, you acknowledge that you have read and understood the Fair Payments Policy and will abide by the Fair Payments Policy.

Local Jobs First Policy

Agency's may need to include Local Jobs First Policy requirements. Review the Local Jobs First Policy to ensure that the clauses are current.

Using a deed of confidentiality

The one off and Sole entity purchase goods and services contracts have confidentiality protection under the standard template contracts.

There may be instances where an agency may want the supplier or its representatives to enter into a separate deed of confidentiality.

This deed protects highly sensitive information from being shared during the procurement process and or after engagement.

A deed of confidentiality can serve as either of two purposes:

• It can show the supplier that protection of confidentiality is important to the agency.
• It gives the agency direct contractual rights to take action if confidential information is disclosed.

Terminate without cause clause

The goods and services standard contract templates include a right to terminate without cause.
Some reasons agencies may wish to terminate an arrangement include:

• change in government, policy or budget
• the contractual arrangement is not meeting the original objectives.

The contracts ensure that the supplier is paid for all goods and or services rendered up to the date of termination.

Support

For more information about the contract templates and how to use them, please contact the goods and services policy team.