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New Short Form Contract Conditions drafted to facilitate emergency ICT procurement during the COVID-19 pandemic

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The Department of Housing and Public Works has prepared a new Short Form Contract Conditions for procuring information and communications technology (ICT) products and services.

The Short Form Contract Conditions have been drafted to facilitate emergency ICT procurement during the COVID-19 pandemic.

The Short Form Contract Conditions will soon be made available on the centralised COVID-19 news webpage.

The following documents have been prepared:

  • Short Form Contract Conditions – ICT Products and/or Services;
  • template Work Order for completion by the parties; and
  • Guidance Notes for the Short Form Contract Conditions.

The Department has advised that the Short Form Contract Conditions are only to be used in the following circumstances:

  • responding to one of the emergency response categories outlined in the Emergency Procurement Guide
  • total value of the contract is less than $1 million;
  • total term of the contract, including any extensions, is no more than 12 months; and
  • no amendments are required by either party to the Short Form Contract Conditions.

The Short Form Contract Conditions are an alternative to using one of the contracting options under the Queensland Information Technology Contracting (QITC) Framework.

The Short Form Contract Conditions do not include any terms and conditions specific to the various categories of ICT products and services.  In drafting their Specifications in the Work Order, agencies should review clauses 5.1 to 5.7 of the QITC General Contract Conditions or Modules 1 to 7, which are ordinarily read together with the QITC Comprehensive Contract Conditions, to identify relevant ICT terms and conditions specific to the deliverables being procured.  It will be critically important for agencies to clearly and comprehensively detail their required Deliverables and Specifications in the Work Order.

If you have any questions about the new Short Form Contract Conditions, Crown Law can help.