Commonwealth Contract - Consultancy
Commonwealth of Australia
Commonwealth Contract - Consultancy
Ref No: [Insert Agency Ref No.]
Drafting Note:
This template is to be used with the Commonwealth Approach to Market template for routine
procurement of Consultancy Services with an estimated value of less than $200,000.
Instructions to assist you to complete this Contract are in white text on a purple background.
Where you need to insert details, the text is highlighted in yellow.
Standard model clauses are in normal black text and not highlighted.
Delete this box, all drafting notes and all yellow highlighting, before offering this Contract.
Note: If the proposed supplier is an individual rather than a company or Trust and does not meet
the Australian Taxation Office’s definition of an independent contractor, you will not be able to use
this Commonwealth Contract template and may need to use a temporary employment contract
instead.
For further guidance pls contact your agency’s legal and/or personnel area and refer to the ATO
website at:
http://calculators.ato.gov.au/scripts/axos/axos.asp?CONTEXT=&KBS=GEC.xr4&go=ok
Parties
Customer
Customer Name
Drafting Note:
Use Option 1 for agencies whose corporate entity is the Commonwealth.
Use Option 2 for other agencies. Delete the option not used.
Option 1
Commonwealth of Australia as represented by [insert Name of Agency]
(the Customer)
Option 2
[insert Name of Agency] (the Customer)
Customer ABN
[insert Agency ABN]
Address
[insert Business Address of Agency]
Supplier
Supplier Name
[insert Name of Supplier] (the Supplier)
Supplier ABN
[insert Supplier ABN]
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Commonwealth Contract - Consultancy
Supplier ACN
(if applicable)
[insert Supplier ACN]
Supplier ARBN
(if applicable)
[insert Supplier ARBN]
Address
[insert Business Address of Supplier]
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Commonwealth Contract - Consultancy
Statement of Work
C.A.1 Key Events and Dates
Event
Date
Contract Start Date
[Insert Text]
Contract Term
[Insert Text]
Contract Extension Option (if applicable)
[Insert Text]
C.A.2 The Requirement
Drafting Note:
Insert a full description of the Consultancy Services to be provided by the supplier as outlined in
the Response to the Approach to Market. Where an ATM was issued these details should be
consistent with that ATM.
[Insert Text]
C.A.2(a)
Standards
Drafting Note:
Insert any Standards the Customer has requested and/or the Supplier has identified. If none, insert
not applicable.
[Insert Text]
C.A.2(b)
Security Requirements
Drafting Note:
If Security Requirements have been included in the Response to the ATM , these should be inserted
here. If none, insert not applicable.
[Insert Text]
C.A.2(c)
Workplace Health and Safety
Drafting Note:
Detail any specific Workplace Health and Safety requirements identified by the potential supplier’s
response here and delete the standard text.. If there are no specific requirements use the standard
text below. For more Work Health and Safety information or guidance click here. insert link
[Insert Text]
Throughout the Contract period, the Customer and the Supplier will proactively identify and
cooperate to manage any Workplace Health and Safety issues that may arise.
C.A.2(d)
Delivery and Acceptance
Drafting Note:
The Commonwealth Contract Terms [Clause C.C.10] provides that:
“Any Services must be provided to the Standard that would be expected of an experienced,
professional supplier of similar services and any standard specified in the Statement of Work. The
Customer may accept or reject the Goods and/or Services within 14 calendar days after delivery. If
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Commonwealth Contract - Consultancy
the Customer does not notify the Supplier of rejection within the 14 day period, the Customer will
be taken to have accepted the Goods and/or Services.”
Insert full location details of where the Consultancy Services are to undertaken including person/s
(and/or position) to whom the Consultancy Services should be delivered and details of the process
for approval if required or insert “not applicable” in this box
Where the Customer rejects any services or Material under Delivery and Acceptance [Clause C.C.10]
the Customer will specify a timeframe in which the Supplier is required to rectify deficiencies, at
the Supplier’s cost, so that the services or Material meet the requirements of the Contract. The
Supplier must comply with any such requirement. Rectified services are subject to acceptance
under Delivery and Acceptance [Clause C.C.10].
The Supplier will refund all payments related to the rejected services or Material unless the
relevant services or Material are rectified and accepted by the Customer.
If the Supplier is unable to meet the Customer’s timeframe, the Customer may terminate the
Contract in accordance with Termination for Cause [Clause C.C.11].
[Insert additional wording (if applicable)]
Deliverables
Due Date
Contact Officer
Contact Details
[Insert Text]
C.A.2(e)
Facilities and Assistance
Drafting Note:
If the Customer is providing facilities and assistance, including any Additional Facilities and
Assistance these should be included here. If none, insert not applicable.
[Insert Text]
C.A.2(f)
Customer Material
Drafting Note:
Insert any Customer Material to be used to provide the Consultancy Services. This could include
information or data. If none, insert not applicable.
[Insert Text]
C.A.3 Contract Price
Drafting Note:
Use C.A.3 for single payment upon completion and delete C.A.3(a).
Add C.A.3(a) for multiple payments based on milestones. Use the Variable Costs table for estimated
cost items.
Where instalments will be paid, it is important to insert details of the timing of payments. For
example, payments could be earned by the Supplier upon the achievement of milestones, or
periodically over the term of the Contract.
The maximum Contract Price inclusive of GST and all taxes and charges will not exceed $[insert
combined total amounts from the two tables below] as set out in the Fixed Fee and Charges and the
Variable Costs tables below:
Fixed fees and Charges
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Commonwealth Contract - Consultancy
Item
No.
Item Description
Qty
Unit price
Ex GST
Unit price
GST Component
Unit Price
Inc GST
Total Price
Inc GST
$
$
$
$
$
$
$
$
$
$
$
$
Total Fixed Price for Consultancy
$
Variable Costs
Before incurring any of the following variable costs, the Supplier will seek written agreement from
the Customer.
Item
Description / comments
Cost
(GST
exclusive)
$
GST
component
$
Total cost
(GST
inclusive)
$
$
$
$
$
$
$
Total Estimated Variable Costs (additional to above)
C.A.3(a)
$
Proposed Payment Schedule
Progress payments of the Fixed Fee and Charges inclusive of any GST and all taxes and charges will
be made as follows:
Estimated Date
Milestone
Payment
Amount ($)
% of Maximum
Contract Price
%
If the Supplier incurs any of the variable costs, the Customer will reimburse the Supplier at cost
(exclusive of GST) on submission of a Correctly Rendered Invoice and production of satisfactory
evidence in accordance with Payment [clause C.C.17].
C.A.3(b)
Pricing for Extension Period
Drafting Note:
If the Supplier has provided details about pricing for any extension period include that information
here. Otherwise insert “Not Applicable”.
C.A.4 Contract Managers and Addresses for Notices
Contract Managers are responsible for issuing or accepting any written Notices under the Contract
and general liaison.
C.A.4(a)
The Customer’s Contract Manager:
The person occupying the position of: [insert position title]
Currently:
[insert name of person currently holding title]
Postal Address:
[insert postal address]
Telephone:
[insert phone number]
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Commonwealth Contract - Consultancy
Mobile:
[insert mobile phone number]
Email Address:
[insert email address]
C.A.4(b)
Address for Invoices
Addressee Name:
[insert position title]
Position title:
[insert Name of person holding title]
Postal Address:
[insert postal address]
Email Address:
[insert email address]
C.A.4(c)
The Supplier’s Contract Manager:
Name:
[insert Contract Manager’s name]
Position title:
[insert position title]
Postal Address:
[insert postal address]
Telephone:
[insert phone number]
Mobile:
[insert mobile phone number]
Email Address:
[insert email address]
C.A.5 Specified Personnel
Drafting Note:
If there is a requirement to name Specified Personnel insert the details here.
Position/Role
% Time
Total all Specified personnel
100%
Name
Current level of
Security Clearance
C.A.6 Subcontractors
Drafting Note:
If the Supplier has nominated Subcontractors ensure all the details are included below. If no
subcontractor requirement insert “Not Applicable”.
Subcontractor
Services to be performed
ACN / ABN
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Commonwealth Contract - Consultancy
Additional Contract Terms
Drafting Note:
Any additional conditions necessary to suit the particular Consultancy should be added below.
However, no new terms should be included here. If unsure, seek legal advice.
If the supplier has identified pre-existing Intellectual Property in their response Part 4 – Additional
Information this should be reflected in C.B.1 below.
C.B.1 Intellectual Property
Drafting Note:
This should be the same text as included in your approach to market unless the supplier has
proposed changes and you have agreed.
The Supplier grants the Customer a non-exclusive irrevocable, world-wide licence to use, sublicence, modify adapt and publish the Material for any purpose.
The Supplier warrants that it is entitled to grant this licence; and that the provision of the
Consultancy services and any Material under this Contract, and its use by the Customer in
accordance with this Contract, will not infringe any third Party’s Intellectual Property Rights.
C.B.2 Confidential Information of the Supplier
Drafting Note:
If the Customer proposed that certain information is to be kept confidential, in its Response, and it
meets the Commonwealth’s confidentiality guidelines (inset link) and your agency has agreed to
keep the information confidential include the details in the table below.
If no confidential information applies, insert “nil”.
The Customer agrees that the following information meets the Commonwealth’s confidentiality
guidelines and agrees to treat the information as confidential unless required by law to disclose the
information. The Customer retains the right to disclose any other information contained in the
Contract.
Information in the Contract to be confidential
Reasons for confidentiality
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Commonwealth Contract - Consultancy
Contract Signing Page
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Commonwealth Contract - Consultancy
Contract Annex 1 – Supplementary Information
Drafting Note:
This is used where additional information needs to be attached to suit particular requirements.
Examples of supplementary information which might be attached are plans, drawings or the
Suppliers Response.
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