Amended Contract Order Form for MOMs II Panel

This order form has been amended to allow for the inclusion of suggested wording for aggregated service levels & reporting and a leasing attachment.
In accordance with the Head Agreement between the Commonwealth of Australia, represented by the Department of Finance (ABN61970632495), and Fuji Xerox Australia Pty Ltd (ABN 63 000 341 819)(Contractor), the Agency (described in Item3 below) places this Contract Order Form to enter into a Contract for the Deliverables described below in accordance with the terms and conditions described in the Head Agreement.

Table1 – Contract Order Form

Head Agreement Number: / ICTD0057
Contractor: / Fuji Xerox Australia Pty Ltd
ABN: 63 000 341 819
Agency: / The Australian National University
ABN: 52 234 063 906
Agency Representative and address for service (clauses37 and38 of the Head Agreement): / Agency Representative:
Name: Clare McFadden
Position: Contract Manager
Address:53 Garran Road, Acton ACT 2601
Email:
Telephone: 02 6125 5959
Agency’s Purchase/Contract Order Number: / [Insert Purchase Order Number.]
Contract Start Date (clause6.1of the Head Agreement): / On execution by both parties
Initial Contract Period (clause6.1 of the Head Agreement): / Five (5) years
Contract Option Period (clauses6.2 to6.4 of the Head Agreement): / Not Applicable
Deliverables (clause8 of the Head Agreement and PartB of Attachment 2 to Module 3 (Deliverables)): / Products: As per attached quotation datedXX/XX/XX
Delivery address:
Name:
Telephone:
Email:
Date delivery required by:
Special requirements:
Charges and Approved Pass Through Expenses (clause11 of the Head Agreement and clause 20 of Attachment 2 to Module 3): / As set out in the Product and Service Catalogue that applies on the date of this Contract.
Documentation (clause11 of Attachment 2 to Module 3): / As per clause11 of Attachment 2 to Module 3.
Security requirements including compliance with the ISM and PSPF (clause23 of the Head Agreement and 13of Attachment 2 to Module 3): / Not Applicable
Acceptance Testing and Acceptance Criteria (clause10 of the Head Agreement): / Not Applicable
Service Levels and Service Credits (clause12 of the Head Agreement and Part C of Attachment 2 to Module 3): / As per Attachment 5 of Module 3.
Also see Attachment A
Service Credits (clause12 of the Head Agreement): / As per Attachment 5 of Module 3.
Also see Attachment A
Reporting (clause28 of the Head Agreement and clause 17 of Attachment 2 to Module 3): / As per Attachment 5of Module 3.
Also see Attachment A
Key Persons (clause13 of the Head Agreement and clause 5.4 of Attachment 2 to Module 3) and address for service (clauses37 and38 of the Head Agreement): / Contractor Representative:
Name: John Nelson
Position: Technology Transformation Executive
Address: Level 3, 6 National Circuit, Barton ACT 2600
Email:
Telephone: 02 6202 6100
Mobile: 0400 729 200
Facsimile: 02 6202 6103
Account Manager:
Name: John Nelson
Position: Technology Transformation Executive
Address: Level 3, 6 National Circuit, Barton ACT 2600
Email:
Telephone: 0400 729 200
Mobile: 0400 729 200
Facsimile: NA
Subcontractors (clause14 of the Head Agreement): / As per the list of Subcontractors in the Product and Service Catalogue that applies on the date of this Contract.
Payment of Charges (clause11 of the Head Agreement): / Payment is to be made by Electronic Funds Transfer to:
Account Name: Fuji Xerox Australia
Bank/Branch: ANZ
BSB number: 014 002
Account number: 775 394 025
Additional warranties (clause18 of the Head Agreement) and extended Warranty Period (clause8.17of Attachment 2 to Module 3): / Not Applicable
Intellectual Property Rights (clause15 of the Head Agreement): / Not Applicable
Agency and Contractor Confidential Information (clause16 of the Head Agreement): / Agency Confidential Information is as per the Head Agreement.
Contractor Confidential Information is as per the Head Agreement and as set out in Schedule 1 – Attachment 6 (Contractor Confidential Information) of the Head Agreement.
Liability Cap (clause25 of the Head Agreement and clause 22 of Attachment 2 to Module 3): / As per clause 22 of Attachment 2 to Module 3.
Indemnity (clause26 of the Head Agreement): / As per clause26 of the Head Agreement
Additional Insurance Requirements (clause 19.1.1(e) of the Head Agreement): / As per the Head Agreement requirements
Standards and Codes (clause15 of Attachment 2 to Module 3): / Not Applicable
Project Management (clause16.2.2 of Attachment 2 to Module 3): / As specified in the attached quotation dated XX/XX/XX OR Not Applicable
Agency Supplied Items (clause18 of Attachment 2 to Module 3): / Not Applicable
Agency Assistance and responsibility for preparation of the premises/facilities (clause18 of Attachment 2 to Module 3): / Not Applicable
Technology threats (clause13.15 of Attachment 2 to Module 3): / Not Applicable
Other: / Not Applicable

EXECUTED AS AN AGREEMENT

Executed as an agreement for and on behalf of the Australian National University (ABN:52 234 063 906) by its duly authorised delegate: / In the presence of:
......
Signature of delegate / ......
Signature of witness
......
Name of delegate (print) / ......
Name of witness (print)
......
Date / ......
Date
Executed as an agreement for and on behalf of Fuji Xerox Australia Pty Ltd (ABN: 63 000 341 819)by its duly authorised representative: / In the presence of:
......
Signature of authorised representative / ......
Signature of witness
......
Name and position of authorised representative (print) / ......
Name of witness (print)
......
Date / ......
Date

ATTACHMENT A - AGGREGATED SERVICE LEVELS ACROSS CONTRACTS

General

  1. This Attachment sets out how the Service Levels in Attachment 5 to Module 3 of the Head Agreement (Attachment 5) will apply in relation to the Contract created by this Contract Order Form, and to any other Contracts created between the Agency and the Contractor that incorporate Module 3 of the Head Agreement (ie, Contracts created under the MOMs Panel).
  2. Where this Attachment is a change to, or is inconsistent with, Module 3 of the Head Agreement, the Department of Finance has pre-approved the change or inconsistency.
  3. The intent of this Attachment A is as follows:
  • to allow the Agency to measure Service Level performance against all Contracts it has with the Contractor, rather than for each individual Contract;
  • to provide that the Service Levels in Attachment 5 will apply to the Contract;
  • to provide that where the Service Levels are also included in other Contracts between the Agency and the Contractor, the Contractor's performance against the Service Levels will be measured in aggregate against all Contracts. For clarity, instead of the Contractor's performance being measured for each individual Contract, the Contractor's performance against each Service Level will be measured across all Contracts (unless a particular Contract Order Form expressly excludes that Contract from application of this Attachment A); and
  • to provide that the Service Credits will be calculated to reflect the Contractor's aggregated performance as described in this Attachment A.

Measurement of Service Levels across all Contracts

  1. Service Levels will be measured for all Contracts on the following basis:

(a)The 'Metric Definition' for each Service Level in clause 3 of Attachment 5 applies to measure the Contractor's performance under all Contracts.

Example for Product Delivery Service Level: The times taken between the nominated Delivery Dates and actual Delivery Dates must be measured for delivery of all MOMs Products under all Contracts (not just the Contract created by this Contract Order Form).

Example for Helpdesk Quality Service Level: The Helpdesk provides a responsive and high quality service to Agency end users in relation to all Contracts (not just the Contract created by this Contract Order Form).

(b)The 'Minimum Service Level' and 'Target Service Level' for each Service Level in clause 3 of Attachment 5 applies to the Contractor's performance under all Contracts.

Example for Installation Service Level: 98% of all installations under all Contracts must occur by the nominated installation date to achieve the Minimum Service Level.

Example for Availability of MOMs Products Service Level: Each MOMs Product under all Contracts must have no more than 3 Faults per month that prevents the use of that MOMs Product by the Agency to achieve the Minimum Service Level.

(c)All references in Attachment 5 to:

  • 'in the Contract' refers to 'in the applicable Contract'; and
  • 'under the Contract' refer to 'under all Contracts' (eg in the Agency Satisfaction Service Level).

Aggregated reporting on performance

  1. Performance reporting will occur for all Contracts on the following basis:

(a)The Contractor must measure its performance against each individual Service Level for every Contract, but must also report on aggregated performance against each Service Level against all Contracts.

(b)A single performance report can be provided for all Contracts, that sets out both performance under each Contract and aggregated performance against all Contracts.

Consequences for failing to meet the Service Levels

  1. Consequences of any failure to meet the Service Levels will be determined on the following basis:

(a)The maximum cap on Service Credits will be calculated as 20% of the total Charges payable under all Contracts.

(b)An 'Individual Service Level Failure' will occur if any Service Level is not met based on the measurement of that Service Level against all Contracts (where the Metric Definition for the Service Level applies to measure performance under all Contracts).

(c)A 'Material Failure' will occur if the Contractor exceeds the number of Individual Service Level Failures applicable to a Service Level, as measured against all of the Contracts.

(d)If a Material Failure occurs, the relevant Service Credit will be calculated against the total average monthly Charges for all Contracts.

(e)A 'Repetitive Service Level Failure' will be measured against all Contracts.

For example, one failure to meet an Individual Service Level under one Contract and two failures to meet the same Individual Service Level under another Contract will amount to a failure of three times, and may amount to a Repetitive Service Level Failure, if the other requirements of clause 5.1 of Attachment 5 (Service Levels) are met.

(f)In calculating any applicable Service Credit, references to 'total average monthly Charges for the Contract' must be read as 'total average monthly Charges for all Contracts'.

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