Optional (see Notes section below)
Commonwealth Contract Terms clause C.C.13
This clause should be included where the Customer requires specific Supplier personnel to undertake work under the Contract. It also provides a mechanism for the Customer to require removal of Specified Personnel in limited circumstances.
This will be necessary and appropriate where the Supplier has specifically referred to those people in a tender and their inclusion is a key factor in the value for money decision. Similarly, it will be necessary and appropriate where successful performance of the contract requires that specific people who have particular skills and/or experience need to be involved in the provision of the goods and/or services under the Contract.
Under this clause, where the Specified Personnel cannot perform the work required under the Contract, the Supplier is required to find a suitable replacement, acceptable to the Customer, as soon as possible.
The clause provides that the cost of replacing any Specified Personnel will be borne by the Supplier.
X.1 The Supplier will ensure that the Specified Personnel (if any) perform work in relation to the Goods and/or Services in accordance with this Contract. If the Specified Personnel are unable to perform work as required under this Contract, the Supplier will notify the Customer immediately.
X.2 At the Customer's request, the Supplier must, as soon as reasonable remove any Specified Personnel from work in relation to the Contract that the Customer reasonably considers is not:
- performing the Supplier’s obligations under the Contract to the standard reasonably required by the Customer or within the timeframe necessary for successful performance of the Contract;
- a fit and proper person; or
- suitably qualified and/or skilled to perform the Services.
X.3 Any Specified Personnel that cease performing work as required under this Contract must, at the earliest opportunity, be replaced with personnel that are acceptable to the Customer, at no additional cost to the Customer. The Customer reserves the right to terminate the Contract if the Supplier is unable to provide appropriately skilled replacement personnel acceptable to the Customer, within a timeframe that enables the Contract to be performed.
While use of this clause is optional, it is common for services and consultancy contracts to include a clause of this type – where the Supplier has been selected in part due to the proposed involvement of specific personnel.
Standardisation of contractual text results in efficiencies for both Parties to a contract. Before deciding whether a particular clause is appropriate, procurement officials should carefully consider the context of their procurement.
Clause wording may need to be changed where the Customer requires a more detailed approval process for replacement of Specified Personnel or where there may be specific circumstances that would lead to the Customer requesting removal of Specified Personnel.
Consideration should also be given to including more detail in relation to the specific aspects of the Contract in which Specified Personnel will be involved – for example, including detailed requirements in the statement of work outlining the parts of the work which must be undertaken by specific Specified Personnel.
Clause wording may also need to be reviewed for consistency with clauses dealing with related issues, such as subcontractors, and licences, standards and qualifications. Otherwise, where this clause is included, the clause wording should be used without change.
Terms that are capitalised may need to be changed to align with the Contract terminology.