Low-value, low-risk transactions using the Short Form—Terms and Conditions template include transactions where:
- the provider will give standard services or follow established processes
- there are low risks for the member of the public if the provider doesn’t perform the services properly
- there are no risks associated with transitioning service delivery to a new provider
- service providers do not need to keep significant or special licences, registrations, insurance or certification.
However, even if something is otherwise low-value and low-risk, you will need to use the Service Agreement—Standard Terms if there are risks associated with:
- the vulnerability of the person receiving the service
- They might have complex or critical needs (e.g. they might be a child or have a mental disability or limited capability).
- The provider’s services include ‘advice’ that may increase the users’ vulnerability—examples include victim services, cultural and linguistic support services, legal services, family counselling/support.
- There will be high transitional risks to the person receiving the services.
- your existing relationship with the provider or other providers
- An existing reputation or relationship that you have with the provider might include ‘relationship not to be compromised’ provisions.
- An order for social services activities has been made under a Standing Offer Arrangement.
- Other departmental issues or complications with the contract:
- privacy issues—you might also need the service provider (and/or subcontractors) to sign a document to protect confidential information or the users’ privacy
- monitoring requirements associated with past performance, an immature or restructuring industry, political sensitivity or additional social procurement requirements.
For any service agreement, you will need to include details of the funding and services.
Special conditions and information
You might need to vary the standard terms service agreement if:
- the same provider will deliver multiple services. You will need to use 1 agreement with many schedules
- any high risks to the service users cannot be managed within the standard terms. You may need additional special conditions or a specially drafted agreement (talk to your legal area).