We need your thoughts – Commonwealth ClauseBank

Author: 
Finance

ClauseBank was developed in response to Recommendation 5 of the Joint Select Committee on Government Procurement report: Buying into our Future: Review of amendments to the Commonwealth Procurement Rules.

We drafted some standard clauses so they are easier to understand and to use in procurement contracts. We published the first set of 12 clauses in July this year.

ClauseBank will help to bring consistency to contracts. The pre-drafted clauses will help to develop a new contract from a template or from scratch. Remember, keeping language in contracts clear helps all people involved.

Now it’s time to consider the second group of clauses. They have been drafted in the same way and are available for your review and feedback. As you consider the new drafts, you might find it useful to review the CCS Contract Terms and the clauses already published in ClauseBank.

We are also interested in hearing which clauses you think would be useful to include in ClauseBank in the future.

You can see the new clauses online and provide your comments and suggestions via email to haveyoursay.procurement@finance.gov.au. We’d like to hear from you by 5pm
21 December, but if you need more time, please let us know via email at ccsdesk@finance.gov.au.

After we’ve reviewed and incorporated all feedback, we expect to publish this additional set of clauses in ClauseBank early in 2019, with further clauses added throughout the year.

 

Commonwealth ClauseBank v2 (Consolidated) PDF | DOCX
Commonwealth ClauseBank v2 (Individual) ZIP

 

When reviewing the clauses please note:

While ClauseBank clauses are drafted in the clear language of the Commonwealth Contracting Suite (CCS), ClauseBank’s focus is different. ClauseBank is primarily intended to house a range of standard contract terms for use in contracts where the CCS is not used.

As a general guide, if the CCS includes a clause on a particular subject it will rarely be appropriate to substitute a ClauseBank term.  On the other hand, the CCS may require a ClauseBank clause to be added as an Additional Contract Term where the Commonwealth Contract Terms does not cover that subject and the particular clause is appropriate to the specific procurement.

 

Nicholas Hunt
First Assistant Secretary

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Last updated: 11 December 2018