Community Services Request for Tender template

PART F: Key Service Agreement Details

Respondents are to read and keep this part.

The following table outlines key terms associated with the Service Agreement that may be formed as a result of this Request. Please note that these terms do not represent all of the terms that will form part of the Service Agreement. The General Provisions document outlines further important terms and should be read by Respondents prior to submitting an Offer.

State Party	The State Party is the [insert name of the State Party].
The Term of the Service Agreement	The Term of the Service Agreement is [insert number of months or years]. [If this Service Agreement has extension options, clauses 5 and 6 below must be included.]
Service Agreement Commencement Date	[Choose from the following options and delete options that are not applicable:] Option 1: The State Party will notify the successful Respondent of the Service Agreement Commencement Date in the Award Letter. Option 2: The State Party and the Successful Respondent will agree on the Service Agreement Commencement Date and the State Party will confirm the agreed Service Agreement Commencement Date in the Award Letter. Option 3: The Service Agreement Commencement Date is [insert date].
Master Agreement	[Delete if not applicable] The State Party may, at the point of selecting a preferred respondent, at its absolute discretion, exercise a right to append this Service to an existing Service Agreement between the Preferred Respondent and the State Party. In doing so, the Preferred Respondent’s Offer will be declined, and Parts A, F and H of this Request and their Offer will be incorporated into the identified Service Agreement as an additional schedule of Services. Should the State Party wish to consolidate services, the Term of the Service Agreement may be extended to accommodate the additional schedule of Services. Each Service (new or existing) will still expire in accordance with the specified Term for that Service.
Extensions	[Delete if not applicable] The State Party has [insert number] options to extend the Term, each option having a [insert length] duration.
Notice of Extension	[Delete if not applicable] [insert period of notice] Provide a period of notice longer than that required by clause 3.2(b)(ii) if agreeable to the State Party. Or Clause 3.2(b)(ii) of the General Provisions applies.
Payment Schedule	[Insert desired payment schedule – see clause 3.5(a) of the General Provisions and, if the Service Agreement will form part of a panel arrangement, Appendix 1].
Service Payment Variation	The Service Payment is fixed for the first year of the Term. [As the application of indexation to Service Agreements varies, ensure that the statement below reflects the practice of the individual State Party.] Following the first year of the Term, the Service Payment will be varied in accordance with the Non-Government Human Services Sector Indexation Policy.
Adjustments to Volume of Services	[Delete if not applicable] [Insert details of any adjustments to the Service Payment which the State Party agrees to make based on the volume of Services to be provided or any allowance for the State Party to change the volume of Services to be provided from time-to-time – see the General Provisions Clause 3.16]
Submission of Invoices Or Recipient Created Tax Invoices (RCTIs)	[Important note: the State Party must select an option to apply: ‘submission of invoices’ or ‘Recipient Created Tax Invoices’. Submission of invoices:] [Insert required dates and times for invoices to be presented – see clause 3.6 of the General Provisions]. Or [If the State Party wishes to issue Recipient Created Tax Invoices (RCTIs) under this Service Agreement, include the section below, and delete the above clause entitled ‘Submission of Invoices’. Recipient Created Tax Invoices:] The Service Provider is not required to issue a tax invoice. The State Party will issue the Service Provider with a Recipient Created Tax Invoice (RCTI) in respect of GST payable on the supply of the Service. Subsequently: the Service Provider warrants that it is registered for the purposes of GST and the Service Provider will notify the State Party in writing if it ceases to be registered for the purposes of GST during the Term of this Agreement; the State Party warrants that it is registered for the purposes of GST and the State Party will notify the Service Provider in writing if it ceases to be registered for the purposes of GST, or if it ceases to satisfy the requirements of the GST Act during the Term; and the State Party will indemnify and keep indemnified the Service Provider for GST and any related penalty that may arise from an understatement of the GST payable on the supply of the Service for which the State Party issues a RCTI under this Agreement.
Order Form	[Delete this row if this Service Agreement is not to be part of a panel arrangement.] Refer to Appendix 1.
Service Agreement Management Requirements	[Service Agreement management is an essential part of the procurement cycle. Consideration must be given to all elements of Service Agreement management that may need to be included in this section. For further information, a guide to Service Agreement management can be found on the Department of Finance website.] [Refer to clause 21 of the General Provisions to complete the details below.] State Party Representative [insert details] State Party’s address and email address details [insert details] [Refer to clause 4.2 of the General Provisions to complete the details below.] Reporting Requirements [insert details] Meetings [insert details] Key Performance Indicators [Specify indicative indicators here, adding rows to the table as required.] [insert details] Key Performance Indicator Target / Level of Service EXAMPLE ONLY: Percentage of clients who report improved health as a result of services. ‘XX’% of clients. EXAMPLE ONLY: Number of clients to be seen or interviewed or treated by staff members each month. ‘XX’ number of clients. Or Refer to section 7.4 [If the Respondent is to nominate its own key performance indicators as part of its response to the qualitative criteria, refer to section 7.4 of this template.]
Insurance Requirements	Please refer to Part H, Section 7.3.1 for information regarding insurance requirements associated with this Request.
Quality Standards	[Delete if not applicable] Please refer to Part A, Section 1.2.4 for information regarding the quality standards associated with this Request.
Confidential Information	[Important note: if there is any particular information that the Respondent must treat as confidential, insert the first option below and specify that particular information. If there is not any particular information that the service provider must treat as confidential, insert the second option below.] The State Party specifies the following information to be “Confidential Information” under paragraph (b) of the definition of “Confidential Information” in clause 1.2 of the General Provisions: [insert Confidential Information] Or For the purposes of paragraph (b) of the definition of “Confidential Information” in clause 1.2 of the General Provisions, there is no information that is specified by the State Party as confidential.
Intellectual Property Owner	[Important note: under clause 7 of the General Provisions, the owner of intellectual property rights in new material is the State of Western Australia, unless otherwise specified. If the owner is to be an entity other than the state of Western Australia (e.g. a particular statutory authority), specify that entity in this special condition.] [If the State Party is not specifying a party other than the State of Western Australia as the owner of intellectual property rights in new material, include the following clause.] Refer to clause 7 of the General Provisions. Or [Specify State Party] is the owner of the Intellectual Property Rights in New Material for the purposes of Clause 7 of the General Provisions. Or [If the owner of intellectual property rights in new material is to be the service provider, use this special condition.] The Service Provider is the owner of the Intellectual Property Rights in New Material for the purposes of Clause 8 of the General Provisions.
Police Clearance	[Important note: under clause 13.4 of the General Provisions, the State Party always retains the right to request a police clearance as required during the Term of the Service Agreement. If you wish to specify now that particular clearances will be required, do so here. If not, do not include this option.] Refer to clause 13.4 of the General Provisions. The Service Provider will be required to provide police clearances for any Associates (as defined in the General Provisions) involved in the provision of Services under this Service Agreement.
Working with Children	Refer to clause 13.5 of the General Provisions. [Important note: under clause 13.5 of the General Provisions, the State Party always retains the right to request a working with children check as required during the Term of the Service Agreement.]
Government Policies	[Important note: if the Request requires the service provider to comply with Government procurement policies, then insert the first option below and specify the relevant policies. If not applicable insert the second option below.] Option 1: The following obligations are obligations relating to Government procurement policies for the purposes of clause 1.4 of the General Provisions: [insert details] Or Option 2: For the purposes of clause 1.4 of the General Provisions, no obligations relating to Government procurement policies are specified.
Disability Access and Inclusion Plan	[Note: this clause should only be used if the State Party is required to have a Disability Access and Inclusion Plan (DAIP) under the Disability Services Act 1993 (WA), in which case, the State Party must take all practicable measures to ensure that the DAIP is also implemented by the service provider. The DAIP only applies to services provided to the public.] A report to the State Party in accordance with Clause 20 of the General Provisions must be provided by [insert date] each year of the Service Agreement Term.
Language Services	[If the Request requires the service provider to provide language services (such as interpreters and translations) to clients under the Western Australian Language Services Policy 2014, insert the following clause. Ensure provision for any associated costs are included in the service agreement price, such as including a Language Services line item in the Price Schedule in Section 7.5, if applicable. If the Request does not require the service provider to provide language services to clients, delete this row.] In accessing and using the service, clients who are unable to communicate effectively in written and/or spoken English must be offered language services (such as interpreters and translations) by the Service Provider at no cost to the client, in accordance with the Western Australian Language Services Policy 2014.
Publicity – Use of the State Coat of Arms	If the State Party requires the service provider to acknowledge the State’s contribution to the Services by the use of the State Coat of Arms, insert the following clause. Use of the State Coat of Arms requires compliance with the rules of depiction at https://www.dpc.wa.gov.au/GuidelinesAndPolicies/CommonBadging/Pages/TheStateCoatofArms.aspx. Ensure provision for any associated costs is included in the service agreement price, such as including a line item in the Price Schedule in Section 7.5, if applicable. If the Request does not require the service provider to acknowledge the State’s contribution to the Services, delete this row.] In accordance with Clause 9 of the General Provisions, the State Party provides its consent for the Service Provider to use the State Coat of Arms on communication materials for reasonable publicity or promotional purposes regarding the services specified in the Service Agreement, in accordance with the rules of depiction. The Service Provider must provide draft examples of all proposed materials featuring the State Coat of Arms to the State Party for approval prior to the production and distribution of such materials.
Substantive Equality	The service provider must give consideration to equal opportunity legislation and promote substantive equality in its practices and service delivery, ensuring that services are sufficiently tailored to meet the needs of Western Australia’s diverse community including individuals and groups from Aboriginal, ethnic and social minority communities.
Western Australian Jobs Act 2017	The Service Provider is required to submit an annual report on workforce resulting from the Service Agreement as and when requested by the Department of Jobs, Tourism, Science and Innovation.
Insert any additional clauses forming part of the Service Agreement (in accordance with clause 24 of the General Provisions): [Delete if not required]
[Title]		[Include additional special conditions as required].