Victorian government purchasers are required to engage
suppliers of information and communication technology (ICT) products and
services using a cloud based procurement platform called the eServices
Register. The eServices Register provides a streamlined process for engaging
suppliers of eServices. It is mandatory
to use for inner budget agencies and administrative offices as defined in the Public Administration Act 2004.
The eServices Contract was released on 8 April 2014, it replaces an interim eServices Contract
that was previously in place. The
contract was finalised after extensive consultation with various government and
industry stakeholders. The release of the
contract means that government purchasers are able to approach suppliers for
each procurement using a known set of terms.
The contract is mandatory for use with all engagements under
the eServices Register for new
procurements. The interim contract can still
be used for projects that were 'in flight' at the date of the release of the final
contract.
What types of eServices
are covered by the contract?
There are various categories of eServices that are covered
by the eServices Contract. These
include:
- Professional Services - that is, ICT consultancy services;
- Cloud Services - including Software as a Service (SaaS) or Infrastructure as a Service (IaaS) and related services;
- Implementation Services - the implementation of new software applications. It does not cover the implementation of commercial off-the-shelf software;
- Development Services - the development of new software applications. This does not include customising commercial off-the-shelf software;
- Hosting Services - the hosting of an agency's software application or website on a supplier's server;
- Managed Services - the management by a supplier of an agency's software application or function;
- Maintenance and Support Services - maintenance and support services in relation to software; and
- Hardware Services - maintenance and support services in relation to ICT hardware.
The eServices Contract should not be used to purchase software licences
(where there will be no associated eServices) or hardware.
Structure of Contract
The eServices Contract consists of the following documents
(in descending order of priority):
- the eServices Terms;
- the Contract Variables;
- the Purchaser's Request; and
- the Supplier's Response.
Each of these documents is explained below:
The eServices Terms
The eServices Terms are the standard terms and conditions
for the eServices Contract. The parties
will not be able to negotiate or amend these terms.
The
eServices Terms states that the Contract Variables, the Purchaser's Request and
the Supplier's Response all form part of the contract.
The Contract
Variables
The Contract Variables is the only document that can be negotiated
by the parties. It has been structured
to enable the parties to specify:
- the particular categories of sServices that apply under the contract; and
- the specific arrangements that apply under the contract.
If the Contract Variables specify that specific categories
of eServices apply, corresponding clauses in the eServices terms are adopted.
The Purchaser's
Request
The Purchaser's Request is the document that invites
suppliers to submit a bid for the services.
It is made available to suppliers via the eServices Register.
It should specify, amongst other things, the scope of the
services to be provided and the criteria that will be used to evaluate bids by
the supplier.
Common examples of a Purchaser's Request include:
- Request for Tender (RFT);
- Request for Quotation (RFQ); and
- Request for Proposal (RFP).
The Supplier's
Response
The Supplier's Response is the document that comprises the bid
that has been submitted by the preferred supplier on the eServices Register in
response to the Purchaser's Request.
This document would normally provide a description of the approach that
has been proposed by the supplier in delivering the project.
Further Information
If you would like to access the eServices Contract, it can
be found on the eServices Register Gateway.
To discuss the eServices Contract or the
eServices Register generally, please contact:
9947 1405
9947 1407
9947 1426
9947 1402
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