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GMC Form 2 non-Crown Contract for SERVICES (3rd Edition: version 3.2)

Contract for Services

User instructions:

Click or tap on light grey text to fill out the form

Delete blue (instruction) text when finished

Contract Details[insert agency logo - optional]

Insert Title for Contract. Add Contract reference if applicable

The Parties

The Buyer:

Insert the name of the buyer agency e.g. Auckland District Health Board

NZBN Insert the New Zealand Business Number of the Buyer

and

The Supplier:

Insert the legal name of the Supplier

NZBN Insert New Zealand Business Number of the Supplier

Insert address For a company, use the registered office. For others use physical address.

The Contract

Agreement

The Buyer appoints the Supplier to deliver the Services described in this Contract and the Supplier accepts that appointment. This Contract sets out the Parties' rights and obligations.

Parts of this Contract

The documents forming this Contract are:

Contract Details: This section

Schedule 1: Description of Services

Schedule 2: Standard Terms and Conditions GMC Form 2 SERVICES | Schedule 2 (3rd Edition: version 3.2) available at: www.procurement.govt.nz

Any other attachments described at Schedule 1.

How to read this Contract

Together the above documents form the whole Contract

Any Supplier terms and conditions do not apply

Clause numbers refer to clauses in Schedule 2

Words starting with capital letters have a special meaning. The special meaning is stated in the Definitions section at the end of Schedule 2.

Acceptance

In signing this Contract each Party acknowledges that it has read and agrees to be bound by it.

Signed for and on behalf of the Buyer:

Signed for and on behalf of the Supplier:

(signature)

(signature)

Name:

Name:

Position:

Position:

Date:

Date

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GMC Form 2 non-Crown Contract for SERVICES (3rd Edition: version 3.2)

Schedule 1
Description of Services

Contract Management and Personnel

Start Date

Reference Schedule 2 clause 1

End Date

Reference Schedule 2 clause 1

Renewal

Enter details if renewal is relevant.

The Buyer may renew this Contract up to Insert number times for an additional period of Insert length of renewal

OR not applicable.

Reference Schedule 2 clause 1

Contract Managers

Reference Schedule 2 clause 4

Buyer’s Contract Manager

Supplier’s Contract Manager

Name:

Title / position:

Address:

Phone:

Email:

Addresses for Notices

Reference Schedule 2 clause 15

Buyer’s address

Supplier’s address

For the attention of:

c.c. Contract Manager

Delivery address:

Postal address:

Email:

Supplier’s Approved Personnel

Reference Schedule 2 clause 2.5

[OPTIONAL]

Approved Personnel

Name:

Position:

Specialisation:

Copy set of three rows and paste to add more Approved Personnel. Approved Personnel should only be listed where the specific personnel are required to perform the Services

Supplier’s Approved Sub-contractor

Reference Schedule 2 clause 7

[OPTIONAL]

Approved Sub-contractor

Name:

Position:

Specialisation:

Copy set of three rows and paste to add more approved subcontractors

Description of Services

[Insert a comprehensive and concise description of the Services to be provided. Use the headings as guidance and the questions as prompts]

Context [optional]

Describe the background to the Services

What are the overarching goals, objectives and outcomes you want to achieve?

Description of Services

What is the nature of the Services?

How should the Services be delivered?

[Refer to any proposal prepared by the Supplier if this helps describe any aspects of the Service]

[Include details of any meetings that will form part of the Services and that the Supplier must attend]

Deliverables and Milestones

What are the key Deliverables or outputs?

What are the specific tasks the Supplier must complete?

[If appropriate – include details of the Records that the Supplier must transfer to the Buyer during the term of the Contract, or at the end of the Contract]

Note: the table below is a suggested approach and can be amended to suit. It may be included in this section, or the Invoices section.

Deliverable/Milestone

Performance Standards

Due date

Invoice date [Option, if different from due date]

Amount payable (exc GST)

Insert specific Milestones to be achieved

Insert the quality or standard or key performance indicator required

Select date for completion of Milestone

Select date for invoice

$Insert amount of instalment payable on successful completion of Milestone

Insert specific Milestones to be achieved

Insert the quality or standard or key performance indicator required

Select date for completion of Milestone

Select date for invoice

$Insert amount of instalment payable on successful completion of Milestone

Insert specific Milestones to be achieved

Insert the quality or standard or key performance indicator required

Select date for completion of Milestone

Select date for invoice

$Insert amount of instalment payable on successful completion of Milestone

Insert specific Milestones to be achieved

Insert the quality or standard or key performance indicator required

Select date for completion of Milestone

Select date for invoice

$Insert amount of instalment payable on successful completion of Milestone

Total (excl GST)

$Insert total

Delete unwanted rows. Copy and paste to add rows

Example

Deliverable/Milestone

Performance Standards

Due date

Invoice date

Amount payable

1. Develop training module on health & safety for staff.

In accordance with the Health and Safety at Work Act 2015 and good practice

20 April 2012

$2,500

2. Delivery of training to 20 staff.

Two full training sessions of 10 staff each

30 May 2012

$3,000

3. Evaluation of training outcomes and end of contract report.

90% of staff rating training as ‘good’ to ‘excellent’

30 June 2012

$1,000

Total (exc GST)

$6,500

Filling out the performance standards column

Ask yourself:

What quality standards apply to the deliverable or milestone?

How will these be measured?

When will they be measured and by whom?

What are the key performance indicators that describe the quality standards?

Specific code of conduct / policies/ health & safety / protective security / legislative requirement

Reference any specific code of conduct (other than the Supplier Code of Conduct, which is already referenced in clause 2.4 of Schedule 2), policies, health & safety, protective security or legislative requirement the Supplier must be aware of in providing the Services. These can be noted in the ‘Attachments’ box at the end of Schedule 1.

[Attach a copy and/or provide web address where the document can be located.]

Supplier’s Reporting Requirements

Reference Schedule 2 clause 5.2

Report to:

Description of report

Due date

Contract Manager

Interim progress report

Monthly progress report

Project completion report

Delete unwanted rows. Copy and paste to add rows

Charges

The following section sets out the Charges. Charges are the total maximum amount payable by the Buyer to the Supplier for delivery of the Services. Charges include Fees, and where agreed, Expenses and Daily Allowances. The Charges for this Contract are set out below.

Fees

Reference Schedule 2 clause 3

The Supplier’s Fees will be calculated as follows: [Choose one option, insert relevant details and delete remainder]

[If the currency is not NZD clearly state the agreed currency]

Fixed Fee

A fixed Fee of $Fixed fee amount excluding GST.

OR

Hourly Fee Rate

For each hour worked an Hourly Fee Rate of $Hourly rate fee excluding GST, up to a total maximum of $Maximum fee excluding GST.

If the Supplier reaches the total maximum without completing the Services, the Supplier is required to complete the Services without further payment, unless otherwise agreed in writing.

OR

Daily Fee Rate

For each day worked a Daily Fee Rate of $Daily fee rate excluding GST, up to a total maximum of $Maximum fee excluding GST. One day's work is defined as eight hours. If the Supplier works less than a full day the Fee shall be calculated based on the time worked at the agreed Daily Fee Rate; that is, (Daily Fee Rate ÷ 8) x hours worked.

If the Supplier reaches the total maximum without completing the Services, the Supplier is required to complete the Services without further payment, unless otherwise agreed in writing.

OR

Individual Personnel Rates and/or Approved Personnel Rates

Hourly/Daily Fee Rate for each of the Specialist/Approved Personnel set out below, up to a total maximum of $Maximum fee excluding GST, in accordance with the following table of rates.

The Supplier’s Approved Personnel are named individuals approved by the Buyer, as stated above. [Choose ‘Specialist’ if there are no Approved Personnel]

Specialist or Approved Personnel

Hourly/Daily. Fee Rate (exc GST)

Total hours/days.

Total Fees

Insert required specialisation or name of Approved personnel

Insert hourly or daily rate as applicable

Insert total maximum chargeable hours/days

$Insert total maximum charge for fees

Insert required specialisation or name of Approved personnel

Insert hourly or daily rate as applicable

Insert total maximum chargeable hours/days

$Insert total maximum charge for fees

Insert required specialisation or name of Approved personnel

Insert hourly or daily rate as applicable

Insert total maximum chargeable hours/days

$Insert total maximum charge for fees

Insert required specialisation or name of Approved personnel

Insert hourly or daily rate as applicable

Insert total maximum chargeable hours/days

$Insert total maximum charge for fees

Total chargeable hours/days

Insert total

Total chargeable Fees (excluding GST)

$Insert total

Delete unwanted rows. Copy and paste to add rows.

Expenses

Reference Schedule 2 clause 3

[Choose one option, insert relevant details and delete remainder]

[If the currency is not NZD clearly state the agreed currency]

No Expenses are payable.

OR

Actual and reasonable — general Expenses

The Buyer will pay the Supplier's actual and reasonable Expenses incurred in delivering the Services up to a total maximum amount of $Total maximum amount excluding GST provided that:

the Buyer has given prior written consent to the Supplier incurring the Expense

the Expense is charged at actual and reasonable cost, and

the claim for Expenses is supported by GST receipts.

OR

Actual and reasonable — specified Expenses

The Buyer will pay the Supplier's actual and reasonable Expenses incurred in delivering the Services up to the total maximum amounts stated below, provided that the claim for Expenses is supported by GST receipts.

Item of Expense

Number of items

Cost (exc GST)

Total max cost (exc GST)

Accommodation

Number of nights

$Cost per night

$Total cost

Meals

Breakfast, lunch, and dinner

Number of days

$Total cost

Airfares

Number of return flights

$Cost per flight

$Total cost

Taxi fares

n/a

n/a

$Total cost

Mileage for vehicle

n/a

n/a

$Total cost

Printing costs

Copies

$Amount per item

$Total cost

Total maximum Expenses (excluding GST)

$Overall total cost

Delete unwanted rows. Copy and paste to add new rows.

Daily Allowance

Reference Schedule 2 clause 3

[Choose one option, insert relevant details and delete remainder.] [If the currency is not NZD clearly state the agreed currency]

No Daily Allowances are payable.

OR

The Supplier is entitled to charge the following Daily Allowances:

A fixed Daily Allowance to cover accommodation, meals and incidentals, calculated as stated below. The Supplier is not required to provide receipts for Daily Allowances.

Daily Allowance item

Number of days

Rate

Total

Accommodation

Number of nights

Rate each night

$Total cost

Breakfast

Number of breakfasts

Rate

$Total cost

Lunch

Number of lunches

Rate

$Total cost

Dinner

Number of dinners

Rate

$Total cost

Total maximum Daily Allowances

$Overall total cost

Invoices

Reference Schedule 2 Subject to clauses 3 and 11.7

The Supplier must send the Buyer an invoice for the Charges at the following times:

[Choose one option, insert relevant details and delete remainder]

[If the currency is not NZD clearly state the agreed currency]

On completion of the Services.

OR

At the end of the month, for Services delivered during that month.

OR

On the following dates subject to completion of the relevant Deliverables/Milestones.

Deliverable/Milestone

Due date

Amount due (exc GST)

Insert specific Deliverables/Milestones to be achieved

Completion date for Deliverable/Milestone

$Insert specific Deliverables/Milestones to be achieved

Insert specific Deliverables/Milestones to be achieved

Completion date for Deliverable/Milestone

$Insert specific Deliverables/Milestones to be achieved

Insert specific Deliverables/Milestones to be achieved

Completion date for Deliverable/Milestone

$Amount payable on completion of Deliverable/Milestone

Total (exc GST)

$Overall total

Delete unwanted rows. Copy and paste to add rows.

Example

Deliverable/Milestone

Due date

Amount due (exc GST)

1. Development of training module.

20 April 2012

$2,500

2. Delivery of training to 20 staff.

30 May 2012

$3,000

3. Evaluation of training outcomes and end of contract report.

30 June 2012

$1,000

Total (exc GST)

$6,500

Address for invoices

Reference Schedule 2 clause 3

Buyer’s address

For the attention of:

Address:

Other instructions about invoices

For example, contract numbers, name of Buyer’s contract manager, clear description of services.

Insert any special instructions

Insurance

Reference Schedule 2 Clause 8

The Buyer does not require any specific insurance under this Contract other than as specified in clause 8 of Schedule 2. [And delete the wording below]

OR

The Supplier must have the following insurance: [Delete what is not applicable]

Public liability insurance of $Insert figure per claim.

Professional indemnity insurance of $Insert figure per claim and $Insert figure for all claims in the insurance policy period.

Add other insurance specific to the Services [For example statutory liability, motor vehicle etc. Note that the level of insurance cover should reflect the risks of the work being undertaken by the Supplier.]

Conflicts of Interest

Reference Schedule 2 Clause 9

The Supplier declares the following Conflicts of Interest in entering into this Contract and providing the Services:

Insert a description of any Conflicts of Interest [If a conflict of interest is declared, and the Buyer considers that the conflict can be managed, the Buyer must put in place an appropriate conflict of interest management plan.]

OR

[None]

The Supplier declares the following Conflicts of Interest on behalf of its Subcontractors in entering into this Contract and providing the Services:

Insert a description of any Conflicts of Interest [If a conflict of interest is declared, and the Buyer considers that the conflict can be managed, the Supplier must work with the Subcontractor to put in place an appropriate conflict of interest management plan. The Supplier must provide a copy of the management plan to the Buyer, if requested.]

OR

[None]

Changes to Schedule 2 and attachments

None

OR

Schedule 2 of this Contract is amended as follows:

Set out any changes to clauses in Schedule 2 and/or any new clauses that are in addition to Schedule 2

Delete what does not apply.

Attachments

Reference 'Contract documents' described at Page 1

Describe any attachments to this Contract. This includes any specific code of conduct, health & safety, or legislative requirement the Supplier must be aware of in providing the services. Attach a copy and/or provide web address where the document can be located. Otherwise, state ‘None’.

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