Standard terms and conditions
Terms and conditions from 1 July 2009
Standard terms and conditions
Part of the commitment by QGCPO to the improvement of procurement practices and processes is to ensure they are more effective and less onerous to Queensland Government agencies and suppliers. To make government procurement as efficient as possible the QGCPO maintains a comprehensive set of standard terms and conditions available to all agencies.
Latest news: Review of QGCPO standard terms and conditions
September 2009
QGCPO have recently completed a major review of the standard procurement terms and conditions released on 1 July 2009. QGCPO released an updated version of the standard terms and conditions on 1 July 2009 to incorporate the immediate requirements of the new Right to Information legislation.
However, the standard terms and conditions for goods and services are still being revised to incorporate further suggested changes arising from agency feedback received by the QGCPO. This is an ongoing process which ensures the QGCPO documents continue to cater for the broad range of agency procurement requirements.
Following final review by the Department of Public Works Legal Services and Crown Law, the standard terms and conditions for goods and services will be updated by QGCPO and reissued on the QGCPO website as soon as possible.
For more information please contact Melissa Jeffs on (07) 3224 5825 or email melissa.jeffs@qgcpo.qld.gov.au
From 1 July 2009 the following changes to legislation have occurred:
- Freedom of Information Act 1992 has been repealed and replaced with the Right to Information Act 2009
- Information Standard 42 – Information Privacy has been repealed and replaced with the Information Privacy Act 2009.
These legislative changes have necessitated changes to the standard procurement terms and conditions.
For all procurement processes entered into prior to 1 July 2009, the existing contract remains under the agreed terms and conditions. Copies of the standard terms and conditions available prior to 1 July 2009 have been archived and are available here.
Terms and conditions from 1 July 2009
For all procurement processes entered into after 1 July 2009 the following terms and conditions are available for use by Queensland Government agencies and suppliers.
One-off purchases
The terms and conditions of one-off purchases 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 - 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 QGCPO.
If an agency needs to amend the Conditions of Offer and/or Conditions of Contract, these amendments 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 in purchasing low-value/low-risk items, agencies can also use the Short Form - Conditions of Contract (including Schedule). This document contains the same contractual terms and conditions as the Short Form - Conditions of Contract, however this document refers to the enclosed Schedule which, when completed by the agency, will form part of the Contract.
There are Additional Provisions which help agencies develop their Invitation to Offer document. The Additional Provisions document contains various precedent/template clauses, schedules and notices that deal with such issues as mail security screening requirements, sustainability, professional contractors (previously known as consultants) and quality assurance.
Standing Offer Arrangements
The QGCPO has finalised terms and conditions for a Standing Offer Arrangement (SOA). The following documents constitute the set of SOA terms and conditions:
One of the major changes to the SOA terms and conditions is the inclusion of the Standing Offer Arrangement - Deed of Agreement. The SOA is confirmed between the parties in the form of a Deed. This ensures the Arrangement becomes a legally binding contract between the Principal and the Contractor. Using the Deed removes the requirement for an agency to incorporate a Letter of Acceptance into their SOA, as the arrangement Schedules, 1, 2 and 3 refer and are attached to the Deed.
To facilitate consistency in the use of the SOA Conditions of Offer and the SOA Conditions, these documents are only available in PDF format and are version and date controlled by the QGCPO.
If an agency needs to amend the SOA Conditions of Offer and/or SOA Conditions, the amendments can be made in the SOA Invitation to Offer (template), under either Part 2 (Additional SOA Conditions of Offer), where it relates to the SOA Conditions of Offer, and/or Part 5 (Additional SOA Conditions), where it relates to the conditions of either the Arrangement (clause 5.2) and/or Customer Contract (clause 5.4).
Information and Communications Technology (ICT) products and services
The terms and conditions of the Information and Communication Technology (ICT) Standing Offer Arrangement (SOA) incorporate offer and arrangement conditions, and also link the contractual conditions of the Government Information Technology Contracting (GITC) Framework Version 5.
The following documents constitute the ICT SOA terms and conditions:
Like the other terms and conditions, the ICT SOA - Conditions of Offer and the ICT SOA Conditions are only available in PDF format and are version and date controlled by the QGCPO.
Like the other terms and conditions, if an agency needs to amend the ICT SOA Conditions of Offer and/or ICT SOA Conditions, the amendments 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 also being developed and are expected to be released in early 2010.
Remember, 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.
Important to remember:
- Before you use the above terms and conditions, please read them carefully and make sure they meet your particular requirements. These documents have been drafted for universal use in the Queensland Government sector and are not intended to cover all circumstances applicable to the sector.
- Specific procurement and/or legal advice may be required.
- Check that your procurement process meets your own agency's purchasing procedures.
- Continue to refer to your purchasing/procurement section or legal section as and when required.
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 Management Framework or Maintenance Management Framework:
- Building Industry Contractor Tendering and Selection Process
- Consultant Invitation and Selection Process for Building Projects.
Last updated November 2009
If you are having difficulty downloading, viewing or printing PDF's and documents please refer to our help page.
