Amendments to Consultancy Services standard form contract documents
August 7, 2017
Up to $30K – Conditions of Agreement
Section 3.3.6:amended payment terms to 15 business days to provide compliance with the SOP Act.
DECEMBER 21, 2016
Over $30K – Conditions of Agreement
Section 12.2:amended the name of the organisation to nominate an expert if the parties are unable to agree, from ‘Australian Commercial Disputes Centre’ to ‘Australian Disputes Centre’ and added a contact number.
Combined Subcontractor’s Statement and Supporting Statement amended to correctly reference clause 19 of the Building and Construction Industry Security of Payment Regulation 2008.
OCTOBER 4, 2016
Over $30K – Conditions of Agreement
Sections 6 (subsection - Variations claimed by the Consultant), 7.4 and 12.3: amended to substitute ‘consultant’ for ‘contractor’.
SEPTEMBER23, 2015
Over $30K – Cover Sheet
General: Edited and updated text.
Over $30K – Conditions of Tendering
Sections 6, 7 & 8: clarified when the two-envelope tendering system should be used; updated provisions for eTendering.
Section 9: updated provisions on acceptance of late tenders.
Section 10: replaced section on ‘mandatory’ alternative tenders with ‘nominated’ alternative tenders; removed sections on optional alternative tenders and unacceptable alternative tenders.
Section 11: amended guide notes and added examples to clarify how to complete this clause on tender evaluation; added general evaluation criteria to reflect commonly used mandatory criteria.
Before section 18: deleted clause on Asset.gov.
General: Edited and updated text.
Over $30K – Tender Schedules
Guidance page: amended to clarify use of the schedules; lists of Tender Schedules extended for ease of use.
Tender Form – Non-Price: renamed ‘Tender Cover Sheet – Non-Price Information’ to differentiate from the priced Tender Form; amended guide notes clarify.
Tender Form – Price: amended guide notes for clarity.
Schedule of Prices – Lump Sum: amended guidance for documenters and instructions for tenderers.
Schedule of Rates: amended guide notes for documenter; added a note about the Total of Schedule of Rates equalling the Fee on the Tender Form - Price.
Hourly Rates for Variations: added text to provide guidance for tenderers.
Agreement Information items: Amended item number for address for notices; amended guide notes.
Outline Services Delivery Plan: abbreviated to reduce unnecessary effort for tenderers; some items relocated to a new schedule for non-price information to assist in relating submitted information to tender evaluation criteria.
Non-Price Information: added a new schedule to accommodate information required for specified non-price evaluation criteria.
Schedule of Nominated Alternative Tenders: replaced Schedule of Mandatory Alternative Tenders and corrected reference to Envelope 2.
General: Edited and updated text.
Over $30K – Conditions of Agreement
Section 1: corrected definition of ‘Consultant’
Section 3: amended clause on Consultant’s representative for consistency in describing the role; deleted provision about ‘Additional Services’.
Section 5: added reference to the requirement for a Combined Subcontractor’s Statement and Supporting Statement; deleted provisions on ‘Conditions Precedent’ as likely to offend the amended SOP Act.
Section 6: reorganised and re-worded the clause on Variations to reflect the preferred process of obtaining a Variation proposal for consideration before instructing a Variation.
Section 7: removed the requirement for the Consultant to obtain the Principal’s approval to use Contract Material.
Section 8: added an option to limit the Consultant’s liability.
Section 12: added a requirement for consultation by senior executives before a dispute is referred to an Expert for resolution; added a provision enabling the Principal to appoint an agreed Expert on behalf of both parties.
Section 15: deleted clauses relating to Asset.gov.
Schedule 1: Amended clause reference in introductory sentence.
Consolidated Conditions of Agreement with Agreement Information
General: Edited and updated text.
Over $30K – Agreement Information
Item 1: amended and updated guide note.
Item 12: amended payment timetable to provide for compliance with the SOP Act where sub-consultants are engaged.
Item 13: amended guide note to remove reference to a document that it not available.
Item 14 (new item): added a new item providing for the Consultant’s liability to be limited, and guide notes to assist documenters.
Item 15 (new item number): amended guide notes for consistency with new item 14.
Item 17 (new item number): amended the text on fee payable on termination for consistency with the Conditions of Agreement.
Consolidated Conditions of Agreement with Agreement Information
General: Edited and updated text.
Over $30K – The Services
(Note: references are to amended section numbering)
Section 1: added a new optional section for Background.
Section 2: relocated and revised the section on Description of the Services.
Section 3: revised and clarified the section on Statement of purpose.
Sections 4 & 5: clarified the sections on ‘Project’ Budget and Program.
Section 11: clarified the costs included in rates tendered for visits to the site.
Section12: rationalised the requirements for documents incorporated in the RFT.
Section 18: updated Safe Design requirements.
Section 19: added a requirement for the Consultant to repair any site services damaged in carrying out the Services.
Deleted sections on ‘Project structure’, ‘Related documents’, ‘Management plans’, ‘Supplementary services’ and ‘Asset.gov’.
General: Edited and updated text.
Over $30K – Appendices
Deleted document as obsolete.
MARCH 10, 2015
Over $30K – Conditions of Tendering
Section 6: updated references to NSWBuy and Office of Finance and Services.
Section 7: removed reference to the OFS physical tender box.
Section 11: corrected titles of referenced documents and updated hyperlinks, relocated guide note for consistency; included a provision allowing the Principal to accept tenders that do not conform strictly with the RFT Documents.
Section 13: updated reference to Office of Finance and Services.
Over $30K – Conditions of Agreement
Section 5: amended references to payment claims being ‘served’; amended time for payment and conditions precedent for consistency with Security of Payment Act amendments; added reference to the Combined Subcontractor’ s Statement and Supporting Statement. Updated reference to Office of Finance and Services.
Section 9: added requirements for insurance for sole traders.
Section 14: amended for consistency with other standard forms and to reference ‘services’ in lieu of ‘work’.
Combined Subcontractor’ sStatement and Supporting Statement: amended to correct errors and anomalies.
Up to $30K standard form
Title page: Deleted reference to Department of Services, Technology and Administration.
Clause 3.1: updated insurance requirements to cater for sole traders.
Clause 3.2: amended for consistency with other standard forms and to reference ‘services’ in lieu of ‘work’.
Clause 3.3: updated reference address for the Subcontractor’s Statement and made terminology consistent with the Security of Payment Act.
Clause 3.4: updated reference to Department of Services, Technology and Administration.
JANUARY 15, 2013
Over $30K – Conditions of Agreement
Section 5: Department name updated to Department of Finance & Services.
Section 9.6.2: deleted.
FEBRUARY 22, 2012
Over $30K –Tender Schedules
Tender Form for Non-Price added.
Tender Closing Office added to Tender Forms.
JANUARY 31, 2012
Over $30K – Conditions of Tendering
Section 6: etenders link and email updated.
Section 6: department name updated to Department of Finance & Services
Section 15: FOI Act 1989 updated to GIPA Act 2009.
September 2, 2009
Multiple Tenders – All documents
References to “Over $30K” amended to Multiple Tenders
All references to former Department of Commerce updated.
Internet references updated.
References to Procurement Practice Guides updated
Multiple Tenders - Conditions of Agreement
Clause Protection of children and other vulnerable people updated.
Single Invited Quotation – All documents
References to “Under $30K” amended toSingle Invited Quotation
All references to former Department of Commerce updated.
Internet references updated.
References to Procurement Practice Guides updated
Single Invited Quotation - Conditions of Agreement
Clause Protection of children and other vulnerable people updated.
January 12, 2009
Over $30K - Conditions of Agreement
Clause 5 Payment: URL for Subcontractor’s Statement updated.
Under $30K - Conditions of Agreement
Clause 3.3 Payment: URL for Subcontractor’s Statement updated.
September 3, 2008
Over $30K - Conditions of Agreement
Clause Protection of children and other vulnerable people updated.
Internet references updated.
November 28, 2007
Over $30K - Generally
Minor amendments to footers.
November 8, 2007
Over $30K - Generally
Standard form split into component parts to facilitate eTendering. Document styles and guide notes updated (Issue 1467).
Over $30K - Conditions of Tendering
Clause eTendering subclause Legal status updated (Issue 1471).
Clause eTendering subclause Electronic format for submissions updated (Issue 1472).
Clause Alternate Tender Box deleted (Issue 1469).
Over $30K - Tender Schedules
Tender Form and Tender Schedules authorisation block updated to facilitate electronic tendering (Issue 1470).
New Tender Schedule Agreement Information added (Issue 1468).
November 2, 2007
Generally
Helpdesk details updated (Issue 1458).
October 26, 2007
Over $30K - The Services
Under $30K - General Conditions of Contract
New clause Locating Existing Services added (Issue 1462).
October 24, 2007
Over $30K - Conditions of Tendering
Hyperlinks to the NSW Government Code of Practice for Procurement updated (Issue 1459).
October 19, 2007
Under $30K - General Conditions of Contract
Over $30K - Conditions of Agreement
New clause Payment claims for lump sum items added (Issue 1461).
September 27, 2007
Conditions of Tendering
Clause Disclosure references Freedom of Information Act 1989 (NSW) updated. (Issue 1448)
July 27, 2007
Over $30k: Conditions of Agreement
Conditions of Tendering
Clause Disclosure of Tender and Contract information updated (Issue 1410,1411 and 1430).
June 28, 2007
Over $30k: Conditions of Agreement
Correction to guidenote re deletion of clauses 5.10 to 5.12 (Issue 1436)
June 25, 2007
Over $30k.
Conditions of Tendering
Clause Disclosure of tendering and contract information updated (Issue 1430)
Agreement Information
Item 7 updated (Issue 1434)
Under $30k
Clause Disclosure of tendering and contract information added (Issue 1430)
May 11, 2007
Generally
References to Procurement System for Construction updated to NSW Government Procurement System for Construction. (Issue 1428)
May 4, 2007
Conditions of Tendering
Clause Contact Person updated. (Issue 1426)
Clause NSW Government Code of Practice for Procurement updated.
Conditions of Agreement
Clause Definitions updated. - Definition of Princpal - wording amended. (Issue 1427)
April 2, 2007
Over $30k: Conditions of Agreement
URLs updated (Issue 1424)
March 5, 2007
Over $30k: Conditions of Agreement
Clause 15 Communication updated - new paragraph added (Issue 1415)
Under $30k
New clause Communication added (Issue 1415)
February 28, 2007
Appendix: Instruments for the Services
Aboriginal participation guidelines included (Issue 1391)
February 8, 2007
Over $30k: Conditions of Tendering
Revised disclosure of tendering and contract information re FOI Act (Issue 1411)
January 18, 2007
Over $30k: Tender Form
Minor revision re Schedule of Rates (Issue1402)
Over $30k: Schedule of Rates
Major revision including instructions to Tenderers (Issue 1402)
Over $30k: Agreement Information
Major revision to Item 9: The Fee (Issue 1402)
Agreement Information
Revision to Item 10 including deletion of travel expenses (Iss 1375)
Over $30k: The Services
New cl 20: Site Visits (Issue 1375)
December 15, 2006
Under $30k
New heading: REQUEST FOR TENDER (Issue 1382)
Replacement of opening guidenote to cover electronic corruption
New guidenote for facsimile number
New introductory line for fax no and time re tender submission
Over $30k: Conditions of Tendering
Disclosure of Contract Information replaced by reference to Tendering Guidelines (Issue 1276)
October 17, 2006
Standard form: Over $30,000
Revision to GST clauses throughout (Issue 1336)
October 05, 2006
Standard form: Up to $30,000
Complete revision (Issue 1359)
September 25, 2006
Standard form: Over $30,000
User Guidance standardised. (Issues 1154 and 1264)
Standard form: Up to $30,000
User Guidance standardised. (Issues 1154 and 1264)
September 18, 2006
Standard form: Over $30,000
References to Acts (Cwlth or state) in all standard form contracts updated to be consistent with Commonwealth citation rules. (Issues 1163 and 1357)
Standard form: Up to $30,000
References to Acts (Cwlth or state) in all standard form contracts updated to be consistent with Commonwealth citation rules. (Issues 1163 and 1257)
August 4, 2006
Conditions of Agreement (Issue 1337)
1. Definitions: Revision to Agreement, Letter of Award
1. Definitions: Revision to Agreement Documents; Addition of Date of Agreement, Letter of Award
3. Consultant’s obligations: Revision to Confidentiality, Conflict of Interest, Access to Consultant’s Premises
4. Principal’s obligations: Revision to Provide Information
5. Payment: Revision to Conditions Precedent clause ref
7 Copyright and intellectual property: Revision to Vesting
9. Insurance: Revision to Workers’ Compensation
10. Inspection of Records: Revision to Records
11. Termination: Revision to Consultant’s Continuing Liability
Agreement Information (Issue 1337)
Item 7: revision to clause number
Item 13: Guide notes: hyperlink to Intellectual Property Issues
July 26, 2006
Conditions of Agreement
Revision to Variation to the Services (Issue 1332)
July 04, 2006
Changes accepted
July 03, 2006
Conditions of Tendering
Clause - Disclosure of Contract Information Guidenote - GPM amended to PSS (Issue 1315)
May 15, 2006
Standard form: Over $30,000
Reinstatement of the agency version
March 9, 2006
Tender Schedules: Over $30,000
“Hourly Rates for Variations” guide notes revision (Issue 1262)
February 20, 2006
Schedule of Rates tender schedule: Over $30,000
Rates and lump sums form part of the Agreement (Issue 1250)
Agreement Information: Over $30,000
Revision to quantum of professional indemnity (Issue 1231)
February 10, 2006
Conditions of Tendering: Over $30,000
Revision to Assessment and Acceptance of Tenders with guide note and entry for Price: rates for variations (Issue 1238)
February 9, 2006
Conditions of Agreement: Over $30,000
Revision to hyperlink for Subcontractors Statement (Issue 1251)
General revision to footers (throughout)
January 23, 2006
Conditions of Tendering: Over $30,000
Deletion of “Commercial Conditions Manuals”. (Issue 1221)
Revision to “Assessment and Acceptance of Tenders”. (Issue 1237)
December 19, 2005
Standard form: Over $30,000
Professional Indemnity Insurance Cl 9.2 at Conditions of Agreement removed. (Issue 1225)
Agreement Information Item 14 guidenotes amended to remove reference to alternatives.
Agreement Information Item 14 amended to remove reference to Professional Standards Scheme.
December 7, 2005
Standard form: Over $30,000
Document reissued with Commerce and Agency-specific versions
Returnable Schedules header revised to Tender Schedules
December 6, 2005
Standard form: Over $30,000
The following Conditions of Tendering clauses have been deleted (Issue 1197):
- Completing the Tender
- Electronic Tendering - eTendering
- Lodging the Tender.
The deleted Conditions of Tendering clauses have been replaced with (Issue 1197):
Submission of tender:
- Documents to be submitted
- Submission procedure
- eTendering
- Tender Box
- Facsimile
- Alternative tender box and facsimile number.
- Late tenders
The section “Returnable Schedules” is now called “Tender Schedules”. Corresponding text revisions (Issue 1197).
Tender Form has had the following deleted in their entirety (Issue 1197):
- Tender closing date: heading, clause and guide note (s)
- Tender closing office: heading, clause and guide note (s).
At Conditions of Agreement cl 6.9 Valuation, replacement of “Returnable Schedules” by “Tender Schedules”.
Agreement Information Item 14: Guide notes revised. (de-Commercing 20).
Agreement Information Item 15: Reference to Cl 9.5.2 should be Cl 9.5.4 (Issue 1191).
Revision to document name at cover sheet.
Revision to title page:
- Guide notes for contract name and description of services. (de-Commercing 27).
- “Lodgement details” is now “Submission details”, with reference to revised location. (Issue 1197)
Standard form: Up to $30,000
Revision to document name at cover sheet.
Revision to guide notes for contract name and description of services. (de-Commercing 27).
October 11, 2005
Standard form: Over $30,000
Agreement Information Item 15: Reference to Cl 9.5.2 should be Cl 9.5.4 (Issue 1191)
September 23, 2005
Over $30,000
Commerce Newcastle Office tender box address (Issue 1189).
September 20, 2005
Standard form: Over $30,000
Revision to requirements for Consultant’s personnel at Outline Services Delivery Plan (Issue 1188).
August 29, 2005
Standard form: Over $30,000
Introducion of “Financial information” in Conditions of Tendering.
August 25, 2005
Standard form: Up to $30,000
Revision to headings format and adjustment to clause numbering (Issue 1173).
July 18, 2005
Standard form: Up to $30,000
Clause - Payment - minor adjustment to numbering and text (Issue 1159).
July 1, 2005
Standard form: Over $30,000
This new version of the Consultant Agreement for engagements with fees over $30,000 incorporates the following changes:
- A macro has been applied to create a version for use by either a Government agency or by the Department of Commerce,
- New guidance notes have been provided for users,
- Some style revision to be more like GC21, eg Definitions; Guide Notes now coloured red,
- Section “Agreement Conditions” retitled “Conditions of Agreement”,
- The Tender Form has been revised to subsume the schedules “Fee: Lump Sum” and “Fee: Lump Sums and Rates”,
- New schedules “Schedule of Prices - Lump Sum” and “Schedules of Rates” have been provided,
- Reference to “Client” removed in the schedule Outline Services Delivery Plan,
- Agreement Information Item 1 Guide Note revised re “Principal”,
- Reference to deleted Items 13 and 15 at Agreement Information removed, and Items renumbered,
- The Services is now a stand-alone section. There has been some reformatting. Use of Option 1 and Option 2 revised to reduce bulk and confusion with repeated clauses. Reference to “Project” removed or revised as applicable in favour of the Services. Proof
Standard form: Up to $30,000
This new version of the Consultant Agreement for engagements with fees up to $30,000 incorporates the following changes:
- New guidance notes have been provided for users.
- Department of Commerce logo and table removed in favour of use under facsimile coversheet or letterhead,
- Some style revision to be more like GC21, eg Guide Notes now coloured red,
- Revision to prompts for insertions.