New Terms and Conditions
Queensland Government Chief Procurement Office is continuing its commitment to improving procurement practices and processes – ensuring they are more effective and less onerous to both Queensland Government Agencies and suppliers.
In 2006 the Queensland Government Chief Procurement Office commenced its major review of the standard procurement terms and conditions to address specific and emerging procurement practices and trends. This review was aimed at ensuring the revised terms and conditions adequately addressed any new legal and legislative requirements on specific issues which would impact on the Queensland Government. A number of government agency representatives, Crown Law and the Department of Public Works Legal Services Unit have been involved with the drafting of these new terms and conditions to ensure that both commercial and legal aspects are addressed.
The following terms and conditions are now available for Queensland Government agencies and suppliers to utilise:
'
One-off purchases' – these terms and conditions have been developed for a one-off purchasing process between an agency and supplier for goods and/or services:
Also available is the 'short form' version of the Conditions of Contract for low value/low risk purchases. This 'Short Form – Conditions of Contract' should only be used when an agency is contracting with a supplier for goods and/or services with a low degree of ‘difficulty of securing supply’ and a ‘low expenditure relative’ to the total procurement spend.
To facilitate consistency in the use of the Conditions of Offer, Conditions of Contract and the Short Form – Conditions of Contract these documents are only available in PDF format, and are version and date controlled by the Queensland Government Chief Procurement Office.
Any amendments to the Conditions of Offer and/or Conditions of Contract which are required by an agency can be made in the Invitation to Offer (template) under either Part 2 (Additional Conditions of Offer) where it relates to the Conditions of Offer, and/or Part 5 (Additional Conditions of Contract) where it relates to the Conditions of Contract.
To further assist agencies in purchasing low value/low risk items, another 'Short Form - Conditions of Contract' document has been created. This document contains the same contractual terms and conditions as the other 'Short Form – Conditions of Contract' however this document references the enclosed Schedule which, when completed by the agency, will form part of the Contract.
To complement the above terms and conditions, an 'Additional Provisions' document has been created to assist agencies in developing their Invitation to Offer document. This Additional Provisions document contains various precedent / template clauses, schedules and notices which address such issues as the mail security screening requirements, sustainability, professional contractors (previously known as consultants) and quality assurance.
Remember:
- prior to using the above terms and conditions please read them carefully and make sure they satisfy your particular requirements. These documents have been drafted to be generic and are not intended to cover all circumstances. Specific procurement and/or legal advice may be required.
- check your own agency’s purchasing procedures to ensure that your procurement process is appropriately addressed.
- continue to refer to your purchasing/procurement section or legal section as and when required.
Standing Offer Arrangements:
The Queensland Government Chief Procurement Office is also currently reviewing the terms and conditions for Standing Offer Arrangements. It is anticipated that this review will be completed and released on this website by September 2008.
Information and Communications Technology (ICT) products and/or services
The Queensland Chief Procurement Office has recently finalised the terms and conditions for an ‘Information and Communication Technology (ICT) Standing Offer Arrangement’. These terms and conditions incorporate not just the offer and arrangement conditions but also links the contractual conditions of the Government Information Technology Contracting (GITC) Framework Version 5.
The following documents constitutes the set of ICT Standing Offer Arrangement terms and conditions:
One of the major changes to the Standing Offer Arrangement terms and conditions is the inclusion of the ICT Standing Offer Arrangement - Deed of Agreement. Like Part 1 of the Government Information Technology Contracting (GITC) Framework, the ICT Standing Offer Arrangement needs to be confirmed between the Parties in the form of a Deed. This is to ensure that sufficient consideration is passed from the Principal to the Contractor to make it a legally binding contract. This Deed removes the requirement for an agency to incorporate a Letter of Acceptance into their Arrangement as the Arrangement Schedules 1, 2 and 3 are referenced and attached to the Deed.
To facilitate consistency in the use of the ICT SOA - Conditions of Offer and the ICT SOA Conditions these documents are only available in PDF format, and are version and date controlled by the Queensland Government Chief Procurement Office.
Any amendments to the ICT SOA Conditions of Offer and/or ICT SOA Conditions which are required by an agency can be made in the ICT Invitation to Offer (template) under either Part 2 (Additional ICT SOA Conditions of Offer) where it relates to the ICT SOA Conditions of Offer, and/or Part 5 (Additional ICT SOA Conditions) where it relates to the conditions of either the Arrangement (clause 5.2) and/or the Customer Contract (clause 5.4).
Please note that the review of GITC Version 5 is currently being undertaken separately. Further information on this review can be obtained from the GITC website.
The terms and conditions for an ‘ICT one-off purchase’ are being developed and it is anticipated that these documents will be released later in 2008.
You are reminded that when entering into a contract with a supplier for the purchase of ICT products and/or services, including ICT consultancy services, the terms and conditions of GITC Version 5 must be used.
Building industry contractors or consultants
If you are seeking the services of a building industry contractor or consultant, you need to refer to the Department of Public Works '
Capital Works and Maintenance Management Frameworks' at
http://www.build.qld.gov.au:
- Building Industry Contractor Tendering and Selection Process; and/or
- Consultant Invitation and Selection Process for Building Projects.
Last updated June 2008
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