AS4122-2010 Special Conditions

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Current Version

This contract is to be used for DIT Professional Services:

April 2023 (Current Version)

AS4122-2010 Special Conditions (April 2023 version)

Special Conditions of Contract updates:

Clause	Comments
_{Clause 1}	_{Reinstatement of Deliverables definition.}
_{Clause 9}	_{Corrected 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 12.11}	_{Correction of typographical error.}
_{Clause 41.3}	_{Updated 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 11}	_{Updated 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

September 2022

AS4122-2010 Special Conditions (September 2022 Version)

Special Conditions of Contract updates:

Clause	Comments
_{Annexure Item 11}	_{Updated business days for time of payment.}
_{Annexure Item 26}	_{Amended professional indemnity insurance requirements.}

July 2022

AS4122-2010 Special Conditions (July 2022 Version)

Special Conditions of Contract updates:

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

January 2022

AS4122-2010 Special Conditions (January 2022 Version)

Special Conditions of Contract updates:

Clause	Comments
_{Formal Instrument of Agreement}	_{Reference to Rail Commissioner Act 2009 (SA) swapped with Highways Act 1926 (SA) in Client ABN and vice versa.}
_{Clause 1}	_{Added definition for Deed of Novation and added definition for Provisional Sum.}
_{Clause 10.1D}	_{Added 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 38.4}	_{Amended work health and safety clause and added subclause 38.4.}
_{Attachment 5}	_{Amended Deed of Novation in Attachment 5.}

August 2020

AS4122-2010 Special Conditions