Where the need for a written contract has been identified, acquiring entities should use available standard form contracts developed by the Department of Finance and Deregulation37 or, where appropriate, standard form contracts developed by the entity for particular types of contracts regularly used, for example, consultancy services. Standard form contracts are useful for the consistency, predictability and efficiency of contract development and other aspects of contracting, such as finalising the contract and its later management. There are benefits for staff who, in using standard form contracts over time, become familiar with their content and the ways they operate and/or can undertake training in the use of the standard form.

It is good practice to have or access standard form contracts when the entity has common, ongoing contracting requirements. Before making changes or additions to a standard form contract, it may be useful to review information from earlier in the procurement cycle. For example, information contained in the approach to the market, relevant proposal and response documentation together with any information contained in the tender evaluation process to assist with drafting the contract.

These standard form contracts may need modification or additions to suit the circumstances, particularly to describe what is being delivered under the contract. When significant variations to standard form contracts are proposed, it is important that the revised contract still meets legal and policy requirements, and does not inadvertently increase the risks to the acquiring entity. Approval to vary standard contracts should be obtained and consideration given to the need for professional advice.

The use of standard form contracts may not be appropriate in circumstances involving complex, one-off and/or innovative requirements. These situations may require considerable research and original drafting of specific contractual terms and conditions, clauses and schedules.