Documents Available 4

Victorian Government eServices Register Guidance on use of Contract V 4.0 – 02 October 2017 TRIM: D17/290124 Contents

1. 2.Background

Following an extensive period of consultation with government and industry, the eServices register contract was released on 8 April 2014. It is the contract to be used with all projects sourced through the eServices register.

Using this standard contract, Government purchasers may approach suppliers for each procurement with a known set of terms, negotiated between government and industry. The contract need only be reviewed once by each Supplier.

The eServices register contract replaced the interim eServices register contract and is based on the previous eServices Panel Head Agreement which in turn was developed from the Government Information Technology Contracting (GITC) Framework.

Unlike the previous Head Agreement, suppliers are not required to enter into the contract when they join the register. The contract is executed at time of engagement.

The contract is located within the eServices Register on VendorPanel and on the eServices page (www.procurement.vic.gov.au/eServices).

3.Policy

The eServices contract terms and conditions along with associated variable documents is the only contract to be used when engaging suppliers from the eServices register. Key aspects of the eServices contact include: • It was developed over several months upon significant consultation with Industry, Chief Procurement Officers (CPO) and Chief Information Officers (CIO). • It is expected that suppliers will accept the terms and conditions without change. • The introduction of additional terms or departures from the standard contract should only be considered for individual procurements where there are exceptional circumstances and such changes are approved by the Purchaser’s CPO with advice from its General Counsel. • The contents of the contract variables for a project are at the project manager’s discretion, guided by the Department’s CPO. “Contract variables” can be negotiated by a supplier with a department’s project or procurement staff. • The eServices contract user guide provides guidance. • Suppliers will be asked if they accept the standard contract without change when the qualifications are added to VendorPanel. The answer to that question will become available as a filter when selecting a supplier to receive an RFx. • Suppliers should note that buyers prefer a supplier who accepts the contract without change and therefore not doing so could negatively impact a supplier being asked to quote. 4.Documents available

Three documents are available to buyers:  eServices contract terms  Contract Variables template  User Guide – For Government buyers (it is strongly recommended that the guide be used at the beginning of any project). Please note that the User Guide is an internal guide for purchasers only and is not intended for distribution to suppliers.

Under the eServices Register contract terms, an eServices Register contract (contract) can only be formed by the parties completing and signing a Contract Variables document. No other agreement or document must be used to create an contract.

Once the ‘Contract Variables’ document has been completed and signed.

The contract will consist of: 1. the eServices Register contract terms (including the schedules); 2. the Contract Variables; 3. the Request (with any negotiated changes included); and 4. the Response (with any negotiated changes included).

6.Review

In line with continuous improvement objectives the content and use of the contract , it is intended to commence a review during 2017. The first phase will be the introduction of a mechanism to handle Agile projects.

This review will include consideration of changes made to the standard VGPB contracts as a result of a review by the Victorian Government Purchasing Board (VGPB). It will also consider the development of a short form eServices contract. Any changes to the contract, will be communicated when available