Before using any of these templates...
Please check your agency’s procurement and legal processes!
These standard tendering templates for general goods and services may be used by any agency (including government-owned corporations, statutory bodies, etc).
View the video to find out more about the templates, contract conditions and standing offer arrangement (SOA) conditions.
Slide 1 General Goods and Services Templates and Conditions of Contract
Hello and welcome to my presentation on the new templates and terms and conditions.
My name is Glenda Blanch and I am the Senior Manager, Strategic Sourcing in General Goods and Services branch in Queensland Government Procurement.
I'd like to start by respectfully acknowledging the traditional owners and custodians of the land on which I present to you today.
I'd also like to pay my respects to Elders past, present and emerging.
Firstly let me show you all the ways you can access these documents.
Head to the Forgov webpage that you can see on your screen.
One you're there, you'll see a few different headings.
Under the heading of Finance and procurement, select Procurement.
This will take you to another page with a few more Procurement related headings.
Scroll down to the Procurement resources heading and select Templates (including terms and conditions).
On this page, you'll see the headings General goods and services - templates. Select this heading and it will bring you to a full list of the current templates that are available for General goods and services.
Alternatively, you can type 'general goods and services templates' into the forgov search function and it will provide you with a link to the same page.
You can also search the document name or keywords relating to templates and terms and conditions using the search function for Procurement policies, resources, tools and templates.
Select Procurement resources, then select Search for procurement policies, resources, tools and templates.
Type the document name or keyword, for example, 'request for quote,' and the result will show 'Request for quote template general goods and services.'
Now that you're aware of how to find these documents, let me tell you a little bit more about them.
The previous templates will remain available but have been moved to the previous versions section on the webpage
These templates can be used by any agency including gov owned corporations and statutory bodies
The templates are just that, they are meant to be amended to suite your requirements and your local procurement procedures.
While the templates can be amended, the terms and conditions should not be altered without first seeking legal advice as the terms and conditions have been approved for Whole of Government use by Crown Law.
Ensure you check with your procurement team and legal teams before using these templates to ensure they meet your business needs.
The templates are a result of consultation and collaboration across Queensland government, if you were part of this process, thank you for your assistance.
In the effort for continuous improvement and to make these documents the best they can be, it is over to all of you now to have your say about the templates and suggest ways to make them better for everyone.
Key changes with the templates are the Parts A, B and C:
- Part A is information about the tender doc
- Part B is the draft Contract Details or SOA Details
- Part C is the response schedule to be completed and returned
This is in line with the current templates in use within the dep of Education which has been well received by suppliers.
There will be separate templates for ITOs for one off procurements and ITOs for SOAs to simplify the use and the amount of changes required in the templates for each different purpose.
The terminology within the documents will not have to be interchanged from the Principal and Eligible Customer to the Customer.
A short form contract details document will be coming back. The short form contract details document will be available for use when required for lower dollar value and lower risk procurements in line with your local procurement procedures.
There is also a range of other templates which will be progressively published to provide guidance and assistance to procurement officers across Queensland.
Slide 4 (definitions and interpretations)
The definitions interpretations document has been updated to include new definitions to provide greater clarity and understanding between the parties and
There are a couple of different elements of that which include:
- Consequential loss
- Correctly rendered tax invoice
- Eligible customer
- Conflict of interest
- Invitation process and
New policy driven concepts have been included to cover Aboriginal and Torres Straight Islander businesses, Social Enterprises, supplier code of conduct and the Ethical Supplier threshold.
Some existing definitions have also been expanded on to provide greater clarity
The changes provide more balance, holding suppliers more accountable for confidentiality and privacy breaches, enabling us to undertake financial viability checks of suppliers and enabling suppliers premises to be inspected to validate compliance with the contract.
We can also undertake personnel background checks
Slide 5 (Summary of changes to conditions)
There’s been a few changes that have been made to try and improve these documents for you.
The first change you will notice is the change to the layout of these documents. These have been changed from two columns to a single page and that is to ensure that these documents can be read across multiple devices. They did not display very well while in column format on a phone or tablet. The layout has been changed for greater readability purposes.
The SOA details document will now be executed as a deed to ensure greater enforceability and clarity on how and when information can be shared and retained.
The changes provide more flexibility and clarity by setting out which documents form the contract or SOA, allowing additional provisions to be added in. Expanding on dispute clauses, allowing flexibility to add and remove suppliers from supply arrangements and allowing ways to transact electronically
New policies and legislation have been incorporated.
Slide 6 (Supplier compliance)
Changes have been made are to ensure supplier compliance with:
- supplier code of conduct,
- ethical supplier threshold,
- Industrial relations requirements,
- Notification of convictions – indictable offences
- Best Practice Principles, Modern Slavery, workplace health and safety requirements and
- new legislation including but not limited to Disability Discrimination Act, Modern Slavery Act and the Human Rights Act.
It also enables Show Cause notices to be issued for breaches.
Slide 7 (SOA Conditions)
The new approach to SOA details enables greater enforceability by requiring the Slas to be executed as a deed.
The Supplier can retain confidential information providing it is stored in a secure server for reasonable credit risk insurance, legal and professional responsibility purposes.
The principal can disclose Supplier confidential information if required under the information privacy Act (QLD), Right to information Act, Minister or Parliamentary request. The principle can also unilaterally vary the SOA as a result of Government policy change.
Slide 8 (more balance)
The changes provide more balance in the following areas:
- Consequential losses have been removed for the supplier and the customer
- Provides consequences for breaching confidentiality and privacy – this aligns with QITC
- Reduces supplier indemnity for 3rd party claims
- Imposes more comprehensive privacy obligations on suppliers this aligns with QITC
- Enables Customers to conduct financial viability checks on suppliers
- Enables customer to remove supplier personnel if they pose a security risk (no reason, no cost). This was previously a restricted element
- Enables the customer to inspect suppliers premises to check contract compliance
- Enables the customer to undertake personnel background checks.
Principal has greater rights in SOA and can vary the SOA as required.
Slide 9 (more flexibility)
The changes provide more flexibility by:
- Clarifying the documents which form the contract
- Enabling additional provisions if aligned with key documents
- Expanding on dispute clauses
- For SOA’s it provides flexibility which enables appointment of additional suppliers and the removal of suppliers to manage the panel size or as required by government policy
- Allowing a way to electronically transact while still remaining compliant with the Corporations Act.
I am happy to receive any feedback on the new templates.
If you start using these templates and you notice something that doesn’t work for you, please let me know because others may be experiencing the same issues.
I am happy to consider any suggested changes and if they improve the template from a whole of government perspective, these changes can be made.
The templates will be updated as required and other templates to assist may be issued over time.
Thank you for taking the time to listen to me and if you have any questions, please feel free to reach out to me via the email address above.
Going out to market
One-off Invitation to Offer (ITO)
- One-off Invitation to Offer Part A template: information about the Invitation to Offer.
- One-off Invitation to Offer Part B template: Contract Details document.
- One-off Invitation to Offer Part C template: Supplier Response Schedule.
- One-off Invitation to Offer Test Part C, Attachment 2 template: Local Benefits example document. Can be used for one-off tenders or standing offer arrangements (SOAs). A Local Benefits Test should be completed for all significant procurements.
- One-off Invitation to Offer Part C, Attachment 3 template: As a Service Questionnaire example document. Can be used for one-off tenders or *SOAs. Please consult with your ICT area before use. Some form of assessment should be conducted where there are elements of online services being provided.
Request for Quote (RFQ)
- Request for Quote template: may be used when an RFQ process is used to engage suppliers
Short Form Contract Details
- Short Form Contract Details template: may be used with an RFQ process which is low dollar value and low risk (when required).
SOA Invitation to Offer
- SOA Invitation to Offer Part A template: information about the SOA ITO.
- SOA Invitation to Offer Part B template: SOA details document to be executed as a Deed of Agreement.
- SOA Invitation to Offer Part C template: Supplier Response Schedule document. *One-off ITO Part C Attachments 2 and 3 can be used for SOAs and are provided as an example.
- Basic Purchasing Conditions: can be used to buy low-value and low-risk goods and services. Learn when to use Basic Purchasing Conditions.
- General Contract Conditions: can be used with a Short Form Contract using the Short Form Contract Details document or with the One-off ITO suite: Parts A, B and C. Learn when to use General Contract Conditions
- Comprehensive Contract Conditions: includes clauses about securities and transition-out services. Use with the One-off ITO suite: Parts A, B and C. Learn when to use Comprehensive Contract Conditions
- Standing Offer Arrangement (SOA) Conditions: to be used when establishing an SOA.
- Definitions and Interpretation: includes list of definitions used across the new terms and conditions and templates.
- Clause Bank : use with tender and contract documents. Examples of other clauses you may wish to include in contract terms and conditions. Seek legal advice if using additional terms and conditions.
Special contract conditions
- Deed of novation: use to novate a contract or SOA deed of agreement from one supplier to another.
- Confidentiality, Privacy and Conflict of Interest Deed: Use when the customer requires the supplier’s personnel to sign a Confidentiality, Privacy and Conflict of Interest Deed.
- Financial security : use when the supplier provides the customer with financial security.
- Performance guarantee: use when the supplier provides a performance guarantee.
- Deed of Variation – Contract: use to vary a One-off Contract.
- Deed of Variation – SOA: use to vary a SOA.
- Notice of Suspension: use to provide notice to a supplier of suspension.
- Notice to Remedy: use to provide notice to a supplier to remedy a contractual issue.
- Notice to Show Cause: use to provide notice to a supplier to show cause.
- Acknowledgement of Obligations – Queensland Government employees: for use by Queensland Government employees
- Acknowledgement of Obligations – Other: for use by non-Queensland Government employees.
Previous tendering templates
For reference, you can view previous tendering templates.
Unfair contract terms
There have been changes to the Competition and Consumer Act 2010. Read about the unfair contract terms.
If a court finds that a term is unfair, the term will not be binding on the parties. Procurement officers should be mindful of the application of the unfair contract terms laws when entering into, renewing or varying contracts with small businesses. Find out how new laws work .
Security of payment
From 17 December 2018, new requirements for the way payment claims are received and paid commence. These are included in Chapters 3, 4 and 5 of the Building Industry Fairness (Security of Payment) Act 2017.
This Act applies to ‘construction work’ and the supply of ‘related goods and services’ which include, among other things, architectural, design, surveying or quantity surveying services relating to construction work as well as building, engineering, interior or exterior decoration or landscape advisory services relating to construction work – see section 66.
Chapter 3 sets out the obligations on parties to a contract for construction work or related goods and services in relation to progress payments.
Whilst the current General Goods and Services Terms and Conditions do not include any specific reference to this Act, customers and suppliers will need to ensure that they comply with this Act, where it is applicable to their procurement, including in relation to seeking and making payments.
ICT products and services
Learn more about buying ICT products and services.