SourceIT Model Contracts
The model contracts provide templates for Australian Government agencies to develop sound commercial agreements efficiently and effectively. It is expected that this will encourage good business practice and minimise the risk of conflict and disagreements between agencies and suppliers.
The detailed legal terms suggested in the model contracts have been developed with significant feedback from agencies and industry. The contracts are flexible enough to allow inclusion of project-specific details.
While the model contracts do not necessarily remove the need for professional legal advice altogether, it will make the preliminary stages of agreeing terms more efficient.
The initial suite of model contracts are designed to cater for simple procurement of:
- Hardware Acquisition and Support;
- License and Support of Commercial off-the-shelf Software;
- License of Commercial off-the-shelf Software (without support); and
- IT Consultancy Services.
Initial suite of model contracts
For simple ICT procurement, agencies will no longer have to 'build' a contract for each purchase. SourceIT model contract templates for simple ICT procurement are available for use by Australian Government departments and agencies.
The initial suite of SourceIT model contracts comprises the following templates;
- Hardware Acquisition and Maintenance Contract;
- Licence and Support Contract - Commercial off-the-shelf Software;
- Licence Contract (not covering support) - Commercial off-the-shelf Software; and
- ICT Consultancy Services.
Simple procurement is conducted in an environment where routines, methods and procedures are well established. It usually involves the purchase of standard services or "commercial-off-the-shelf" (COTS) items where:
- The level of risk is minimal;
- Standard terms and conditions are used with minimal or no alteration;
- The goods and/or services do not require any development to be undertaken prior to acceptance;
- Value for money considerations are restricted to price, quality, fitness for purpose and compliance with required timeframes and delivery needs;
- Payment of the contract price will generally only be made following delivery and acceptance of the supplies and/or services; and
- Specialist advice on legal, contractual, technical or financial considerations is not likely to be required.
Use of the model contracts is strongly encouraged to support establishment of an appropriate agreement between agencies and suppliers for the provision of ICT goods and services.
Downloadable Model Contracts
Version 2.3 of the SourceIT Model Contracts reflects recent legislative changes, and include:
- a clause to address the Work Health and Safety Act 2011 (WHS Act);
- a clause to address the Australian Government ICT Sustainability Plan;
- a clause in the event that a trustee contractor is used;
- significant amendments to security requirements; and
- an update to the payment of simple interest for SMEs.
For more information and guidance regarding the WHS Act, refer to the Comcare website.
Procurement Type/Release Date/Version
- Hardware 31/10/2012 2.3
- Software (license and support) 31/10/2012 2.3
- Software (license only) 31/10/2012 2.3
- ICT Consultancy 31/10/2012 2.3
The User Notes provide clearly written explanatory material, to assist non-expert staff to understand the model contracts, and identify situations where the contracts may not be applicable without some change.
The User Notes contain an explanation of the purpose for each contract template, the clauses for each of the model contracts, hints for their use and a description of the risks and issues with each clause.
Frequently Asked Questions (FAQs)
Further guidance to answer many questions including what is meant by simple procurement, what is meant by a consultancy service, how does Regulation 10 apply, and intellectual property rights.
Useful Links - details of organisations and information that may assist both buyers and suppliers to better understand the procurement environment. Please consult with the appropriate body within your government to find out what the current procurement policy is for the types of products and services you are purchasing or providing.
The archives area includes previous versions of the SourceIT model contracts for reference purposes
Source IT model contracts are managed by the Australian Government Information Management Office (AGIMO) within the Department of Finance and Deregulation (Finance).
If you have any feedback on the draft contracts, please contact the Helpline. Your comments will be considered for inclusion in the next release of the suite of contracts.