CUSTOMER (AGENCY) CONTRACT
CUA 23706: AUDIT SERVICES AND FINANCIAL ADVICE
FOR THE PURPOSES OF THIS CONTRACT THE GENERAL CONDITIONS REFERS TO THE MARCH
2008 ‘REQUEST CONDITIONS AND GENERAL CONDITIONS OF CONTRACT’. A COPY IS AVAILABLE
HTTP://WWW.FINANCE.WA.GOV.AU/CMS/UPLOADEDFILES/GOVERNMENT_PROCUREMENT/GUIDE
LINES_AND_TEMPLATES/GOODS_AND_SERVICES_REQUEST_CONDITIONS_AND_GENERAL_CON
DITIONS_OF_CONTRACT_MARCH_2008.PDF?N=1201
PLEASE NOTE: IF YOU ARE ENGAGING THE SERVICES OF KPMG, ERNST AND YOUNG, DELOITTE
PRICEWATERHOUSE COOPERS, INVESTEC, PORTLAND GROUP, PWC INDIGENOUS AND/OR
MACQUARIE THERE ARE AMENDMENTS IN PLACE TO THE GENERAL CONDITIONS FOR CUA
23706. IT IS IMPORTANT THAT YOU CONTACT THE CONTRACT MANAGER FOR A COPY OF THE
AMENDMENTS BEFORE COMPLETING THIS CONTRACT.
(THE SCHEDULE BELOW MUST BE COMPLETED BY THE AGENCY WHEN ENGAGING
CONTRACTORS FROM THIS COMMON USE ARRANGEMENT)
Customer
The Customer is [insert name of Agency] [the Agency
specified in an Order]
Contractor
The Contractor is [insert name of Contractor] [the
Contractor specified in an Order]
Purchase Order Number
The Purchase Order Number is [insert Purchase Order
Number] [The Purchase Order Number found on Pick
and Buy Order Form Part A – if applicable]
The Term of the Customer Contract
The Term of the Customer Contract is [insert number of
months or years] [specified in the Order]
Contract Term Expiry Date (Supply The Term will commence on the Contract
of Services)
Commencement Date and will expire when the Services
have been supplied in accordance with Clause 6 of the
General Conditions
Contract Commencement Date
The Contract Commencement Date is [insert date]
Notice of Extension
[insert period of notice]
OR
Clause 3.4 of the General Conditions applies.
Price Variation
As set out in the provisions of the Head Agreement.
Specific Personnel Commitment
(If applicable)
[insert the name(s) of any specific personnel and
percentage(s) of time working on the specific project]
01 September 2014
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Contract Management
Requirements
Reporting
[insert details]
Meetings
[insert details]
Key Performance Indicators
[insert details]
Customer’s Representative (as per Order Form)
[insert details]
Customer’s address and facsimile details
[insert details]
Confidential Information
1. The Customer specifies the following information
to be “Confidential Information” under paragraph
IMPORTANT NOTE: If there is any
(b) of the definition of “Confidential Information” in
particular
information
that
the
clause 2.1 of the General Conditions:
Contractor must treat as confidential,
insert the first option and specify that [Insert confidential information]
particular information.
OR (second option)
If there is not any particular information
2. For the purposes of Part B of the definition of
that the Contractor must treat as
“Confidential Information” in clause 2.1 of the
confidential, insert the second option
General Conditions, there is no information that is
below.
specified by the Customer as confidential.
Police Clearance
Under Clause 18.4 of the General Conditions, the
Customer may request the Contractor, at any time and
from time to time, to obtain and provide it with an
Australia-wide police clearance in respect of any
Contractor Personnel.
The Contractor must comply with that request within
thirty (30) Business Days of such request.
If any police clearance evidences that any Contractor
Personnel has committed a criminal offence punishable
by imprisonment or detention, then the Customer may,
without prejudice to their other rights under the Customer
Contract, request the Contractor to promptly remove that
Contractor Personnel from involvement in the Customer
Contract as the case requires.
If the Contractor is requested to remove any Contractor
Personnel under this clause, the Contractor must, at its
own cost, promptly remove that Contractor Personnel
from all involvement in the Customer Contract as the
case may be and arrange for a replacement of that
Contractor Personnel.
OR
This does not apply.
Confidential
Declaration
Prevention of Paedophilia
Document No: 6727853
– Under Clause 18.5 of
Contractor must ensure
who will be required to,
completes a confidential
the General Conditions, the
that any Contractor Personnel
or is likely to, enter a school,
declaration before entering the
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school. The confidential declaration must be in the form
provided by the Customer to the Contractor.
The Contractor must ensure that, except with the prior
written consent of the Customer, no Contractor
Personnel enters a school for the purposes of supplying
the Services without first having completed a confidential
declaration.
The confidential declaration will be deemed to have been
re-made by each of the Contractor Personnel on each
and every occasion they enter a school.
OR
This does not apply.
Intellectual Property Owner
IMPORTANT NOTE: Under clause 23 of the General
Conditions, the owner of Intellectual Property Rights in
New Material is the State of Western Australia, unless
otherwise specified. If the owner is to be an entity other
than the State (eg. a particular statutory authority),
specify that entity in this Special Condition.
Clause 23.1 of the General Conditions applies.
OR
[
] is the owner of the Intellectual Property Rights in
New Material for the purposes of clause 23 of the
General Conditions.
OR
If the owner of Intellectual Property Rights in New
Material is to be the Contractor, use this Special
Condition.
The Contractor is the owner of the Intellectual Property
Rights in New Material for the purposes of clause 24 of
the General Conditions.
Working Papers
Under clause 23.7 of the General Conditions, unless
specified to the contrary in the Request, copyright and
property in all Working Papers vest in the State of
Western Australia.
OR
Copyright and property in all Working Papers vest in the
Contractor.
Publicity
Under clause 25.4 of the General Conditions, the
Contractor may not use the name or logo of the
Customer or any other Public Authority without the
requisite prior written consent.
OR
The contractor is allowed to use the name or logo of the
Customer or any other Public Authority for reference
purposes only.
Additional Information
[reference any documents, correspondence or addenda
in this section that form part of the agreed contract]
Authorised or Delegated Customer Signature ___________________________ Date: ____________
Document No: 6727853
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Authorised or Delegate Customer Name: ______________________________________ (print)
Authorised Contractor Signature:
_________________________________ Date: ____________
Authorised Contractors Name: __________________________________________ (print)
Document No: 6727853
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