eProjects Panel Deed

Q16: Can the Deed be viewed online after Vendors have accepted it?

A16: At this stage this facility is not available. 
After executing the Deed electronically, a confirmation email is sent to Vendor and the Contract Authority for reference.  The confirmation email includes the Vendor name, the Authorised Person that executed the Deed on behalf of the Vendor, a date/time stamp of execution, and a copy of the Deed for their reference.

Q17: Is there scope with the Deed for Vendors to negotiate different terms, eg liability capping levels?

A17: No.  The Government underwent an extensive Vendor engagement process when creating the Deed.

There are plans to review the eProjects Panel, including the eProjects Panel Deed.  This will include the request for feedback from Vendors and Agencies that use the eProjects Panel and Industry bodies that represent external Vendors.  Any modifications will be communicated with Panel members for feedback before a new Deed would be introduced.

Q18: Does the eProjects Panel Deed have an end date?

A18: No.  The eProjects Panel was created as an ‘evergreen’ contract and will remain in place until removed.

See answer to Q17: for information on the planned review of the Deed.

Q19: Does an Agency have access to the Deed signed by a Vendor?

A19: Agencies have access to a generic Deed for their information.  As the Deed is non-negotiable, there are no variations between Vendors to the head agreement of the Deed. 

Q20: Is there a customer agreement that needs to be signed for each project?

A20: Yes.  The Deed contains a head agreement and a General Order.  The General Order is customisable and needs to be signed for each project.  Together with the Request for Quote this will form the contract between the Agency and Vendor for a project.

Q21: Can Vendors make public announcements or put out media releases in relation to eProjects Panel work?

A21: Section 2.3 of the Deed relates to publicity and says that the contractor must not make a “public announcement or media release” without consent of the Agency.

Q22: Can a Vendor write to key people within an Agency advising them of the Panel’s existence and of the Vendor’s expertise? Is this in breach of Section 2.3 of the Deed?

A22: Section 2.3 in the eProjects Panel Deed is intended to apply to public announcements regarding project outcomes.  The specific case referred to (sending correspondence directly to individuals already known to the Vendor) would not normally be considered a breach of this clause.

Vendors are reminded that excessive ‘cold-calling’ to Agencies may end up reflecting poorly on a Vendor – these sorts of communications should be specific, targeted and well-managed.  This is especially the case in terms of Vendors making calls to Agencies on no other basis than information provided in forward-looking procurement plans published through the eProjects Panel Portal.  Reasonableness and good account management principles should be applied at all times.

Q23: Will the Deed be changed over time?  Will current members need to agree to a new set of terms of conditions?

A23: A review will be commissioned of the eProjects Panel Deed and will include feedback from existing Vendors, Agencies and external bodies.  Any proposed updates/changes will be communicated with the existing members of the Panel (including Agencies) for their feedback before a new Deed would be introduced.

Q24: What are the requirements of the Financial/Performance Guarantees specified in the Deed?

A24: The eProjects Panel Deed makes provision for financial and performance guarantees.  The default position in the Deed is that these are not used.  Any variation requires the approval of the Contract Authority.

Please note that Vendors are not required to offer a solution response to a piece of work.  If they are unable to accept a piece of work where financial/performance guarantees are required by the Agency, they are not required to execute the General Order.

Q25: Are liabilities capped in the eProjects Panel?

A25: The eProjects Panel provides a mechanism for capping liabilities.  Each project will be risk assessed according to the Australian Standard (AS4360), and be defined with an overall High, Medium or Low risk. 

Based on the cost of the project, the risk level is used to define the liability limit applied to those liabilities that can be capped.  See the “Guidelines for the Limitation of Liability of Suppliers, Consultants and Contractors” document available from the Department of Treasury and Finance website – www.treasury.sa.gov.au