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AS4122-2010 Special Conditions

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Current Version

This contract is to be used for DIT Professional Services:

AS4122-2010 Special Conditions (April 2023 version)

Special Conditions of Contract updates:

ClauseComments
Clause 1Reinstatement of Deliverables definition.
Clause 9Corrected subclause numbering within clause 9.

New clause 10.4A(d),
New clause 48,
new clause 27.2(j) and
new Attachment 7 – Statutory
Declaration

New clause requiring all professional services Consultants to be Local Providers (defined in the Contract), in accordance with the Government’s election commitment. Failure to comply with this requirement will trigger a termination right for the Client. A Statutory Declaration has been introduced requiring the Consultant to confirm it is a Local Provider.

Clause 12.11Correction of typographical error.
Clause 41.3Updated clause to provide that the Industry Participation Reporting Period is 6 months, rather than 12 months. This is in accordance with Office of Industry Advocate requirements.

New clause 49, Annexure item 35 and clause 1 – definition of Consultant Personnel

New clause for the requirement of background checks and any other clearances required for the engagement. Introduced new definition for Consultant’s Personnel.

Annexure Item 11Updated Annexure item 11 to require Consultants to be paid within 15 calendar days from invoice, in accordance with the Government’s election commitments.

Prior Versions

AS4122-2010 Special Conditions (September 2022 Version)

Special Conditions of Contract updates:

ClauseComments
Annexure Item 11Updated business days for time of payment.
Annexure Item 26Amended professional indemnity insurance requirements.

AS4122-2010 Special Conditions (July 2022 Version)

Special Conditions of Contract updates:

ClauseComments
Clause 20A.1 and 20A.2Added clause 20A amended clause 20A.2 to reference clause 20A.1 in relation to novation.
Clause 41.2Updated link to Industry Participation Report form.
Clause 44.3 and 44.4Added clauses to reflect contractor’s warranties identified in clause 45.
Attachment 1Removed reference to economic contribution test in title.
Attachment 5Amended Deed of Novation in Attachment 5.

AS4122-2010 Special Conditions (January 2022 Version)

Special Conditions of Contract updates:

ClauseComments
Formal Instrument of AgreementReference to Rail Commissioner Act 2009 (SA) swapped with Highways Act 1926 (SA) in Client ABN and vice versa.
Clause 1Added definition for Deed of Novation and added definition for Provisional Sum.
Clause 10.1DAdded new clause 10.1D to allow payment of Provisional Sum only for services directed by the Client.
Clause 20A

Added new clause 20A to require Consultant to enter into a deed of novation within 5 days of request from Client.

Clause 38 and 38.4Amended work health and safety clause and added subclause 38.4.
Attachment 5Amended Deed of Novation in Attachment 5.