AUTHORITY TO SIGN AGREEMENT

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AUTHORITY TO SIGN AGREEMENT
(CONTRACTS FOR GOODS, SERVICES, LEASE OR PROPERTY TRANSFER)
Please complete this form and submit it to the Legal Office with the final version of the Agreement or
other legal document to enable the Contracts Officer to process it for signature by the delegated officer.
Project Title/Short Description _______________________________________________________________
__________________________________________________________________________________________
Contractual Parties: UNE and ________________________________________________________________
Primary Cost Code: _________________ Total Contract Value (GST inclusive): _____________________
I certify that:
The Agreement
As the person with operational responsibility for the project or matter (Project) to
which the agreement relates, I confirm I have read the agreement and recommend that
UNE enter into the agreement.
Procurement
The agreement is / is not [select one] for goods or independent contractor services
valued above $10,000.1
If above $10,000, please attach either the quotes, tender approval or approved
exemption form.
GIPA (Government
Information (Public
Access) Act 2009
(NSW) (GIPA Act).
The total value of this agreement (including variations) is / is not [select one] above
$150,000 (GST Inclusive)
Budget
As the person with operational responsibility for the Project, I confirm that the Project
is budgeted for, including amounts UNE is liable to pay under the Agreement.
If above $150,000 (GST Inclusive) including variations, please complete the
attached GIPA Act Compliance - Contract Information Form.
___________________________________
Name of UNE Project Officer
_____________________________
Signature and date
__ / __ / __
Approval by Head of School, Director or equivalent:
___________________________________
Name of HOS, Director or equivalent
_____________________________
Signature and date
__ / __ / __
If the Project value exceeds $10,000, then endorsement is required by Executive with portfolio responsibility:
___________________________________
Name
1
_____________________________
Signature and date
__ / __ /
If the Agreement is for goods or independent contractor services, and is valued above $10,000, you must ensure that the
appropriate number of quotes have been acquired or the tender process is completed or exemption approved (in accordance with
UNE’s Procurement Policy and Procedures).
Government Information (Public Access) Act 2009 (NSW)
COMPLIANCE – CONTRACT INFORMATION
PART A
Class
Class 1 (S29
GIPA Act)
Class 2 (S30
GIPA Act)
Which Class does this contract belong to? (S27 GIPA Act)
Description
Information
Required
A contract is a Class 1 contract if it has (or is likely to have) a value of Yes / No
$150,000 (GST Incl) or more including variations
If Yes, please provide
information against
Class 1 in Part B
below AND check if
this contract falls into
Class 2 as well
A contract is a Class 2 contract if it meets the meets the criteria for being Yes / No
a Class 1 Contract and, in addition, any of the following applies:
(a) there has not been a tender process, the proposed contract has not If Yes, please provide
been made publicly available and the terms and conditions of the information against
Class 1 AND Class 2
contract have been negotiated directly with the contractor, OR
in Part B below
(b) the proposed contract (whether or not made publicly available) has
been the subject of a tendering process and the terms and conditions of
the contract have been substantially negotiated with the successful
tenderer, OR
(c) the obligations of one or more parties under the contract to maintain
or operate infrastructure or assets could continue for 10 years or more,
OR
(d) the contract involves a privately financed project as defined by
guidelines published by the Treasury (as in force from time to time), OR
Class 3 (S31
GIPA Act)
(e) the contract involves a transfer of a significant asset of the agency
concerned to another party to the contract in exchange for the transfer of
an asset to the agency.
A contract is a Class 3 contract if it meets the criteria for being a Class Yes / No
2 Contract and, in addition, it has (or is likely to have) a value of $5
If Yes, please provide
million (GST Incl) or more
information against
Class 1, Class 2 AND
Class 3 in Part B
below
Part B.
Please provide the required information, on the following basis:
For Class 1 Contracts – provide responses in Class 1 section only
For Class 2 Contracts – provide responses in Class 1 AND Class 2 sections only
For Class 3 Contracts – provide responses in Class 1, Class 2 AND Class 3 sections
Class
Class 1
Required Information under GIPA Act S 29-31
Will there be any related bodies corporate* that will be
involved (e.g. sub-contracted by the contractor) in carrying
out the contractual obligations? If so, please provide the
following information for each entity:
(a)
name
(b)
address
(c)
its relationship to the Contractor
Response
* A body is a “related body corporate” of another body if is
it either (i) a holding (parent) company; or (ii) a subsidiary;
or (iii) a subsidiary of a holding (parent) company, of the
other body.
What are the renegotiation (variation) provisions in the Legal Office will complete this
contract?
section
What was the method of tendering (e.g. open tender, select
tender, closed tender)?
What were the main criteria against which the tenders were
assessed?
Are there any provisions for payment to the contractor for
operational or maintenance services?
Class 2
Will there be any future transfer of significant assets to and
from UNE? If so, provide particulars
Was a cost-benefit analysis done and, if so, what were the
results?
Provide particulars of how risk will be apportioned, if relevant
Provide particulars of any significant guarantees or Legal Office will complete this
undertakings between the parties
section
Provide particulars of any other key elements of the contract
Class 3
Copies of class 3 contracts must be published, subject to the Please contact the Legal Office to
redaction of any information that can be withheld in assist you with these requirements
accordance with s32 of the GIPA Act*.
for Class 3 contracts
Are there any reasons why a FULL copy of the contract
should not be made publically available on the UNE web?
If not, please provide:
(a) the reasons why the contract or those provisions should
not be included in the register?, AND
(b) a statement as to whether it is intended that the contract or
those provisions will be included in the register at a later date
and, if so, when it is likely that they will be included?, AND
(c) if some but not all of the provisions of the contract have
been included in the register, a general description of the types
of provisions that have not been included.
* UNE can withhold the following confidential information
relating to a contract: Details of any unsuccessful tender; any
matter that could reasonably be expected to affect public
safety or security; or any information where there is an
overriding public interest against disclosure.
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