SUGGESTED EXAMPLE 1 – REQUEST FOR TENDER AND DEED CLAUSES

THIS CLAUSE IS PROVIDED AS GUIDANCE ONLY. AGENCIES SHOULD OBTAIN THEIR OWN LEGAL ADVICE BEFORE USING OR ADAPTING THIS EXAMPLE CLAUSE

Suggested Request for Tender Clause

Clause xx - Services Available to any Commonwealth Agency
  1. Any Commonwealth Agency may use this RFT process to source Services ('to piggyback') and, if this occurs, the successful tenderer must enter into a separate contractual arrangement with the Commonwealth Agency.
  2. Any Deed the result of this tender process [Insert RFT number identification] will make provision for the supply of Services, at any time during the term of the Deed, to any other Commonwealth Agency.

Suggested Deed Clause

Definitions
Commonwealth Agency / means:
(a)all bodies governed by the Financial Management and Accountability Act 1997 (Cth);
(b)all bodies governed by the Commonwealth Authorities and Companies Act 1997 (Cth);
(c) any other body established by the Governor-General or State Governor or by a Minister of State of the Commonwealth; or
(d)any incorporated company controlled by the Commonwealth.
Instrument of Acceptance / means the form specified in Schedule [XX].
Services / means the services listed at Schedule [ZZ].
Clause xx - Services to Other Commonwealth Agencies
  1. The Contractor irrevocably offers to provide to any other Commonwealth Agency the Services during the period of this Deed.
  2. The provision of the Services to a Commonwealth Agency will be on the same terms and conditions as specified in this Deed, except as modified by the Instrument of Acceptance to provide for adaptation of the Deed to the particular circumstances of the Commonwealth Agency.

Schedule [XX] – Instrument of Acceptance
The Contractor has offered under clausexx of the Deed specified at item 1 below to provide the Services to Nominated Agencies. The Nominated Agency specified in item3 below accepts this offer on the terms and conditions set out in the Deed and in this Instrument of Acceptance. If there is an inconsistency between this Instrument of Acceptance and any other provisions of the Deed, the terms and conditions in this Instrument of Acceptance will prevail to the extent of any inconsistency.
Deed Name and description
Names of Parties to the Contract
Customer / [Insert Agency name]
A reference to [insert name of the contracting Nominated Agency] or the Customer in the Deed will be taken as a reference to [the Nominated Agency]
Commencement Date
Customer Representative / Title:
Name:
Postal Address:
Fax number:
Email:
Customer's details for Notices / Postal address:
Physical address:
Facsimile number:
Contractor Specified Personnel / [insert names]
Services required (including any changes to the Statement of Requirements) / [attach additional pages if required]
Schedule [ZZ] – Services