Contractor access to premises and records

Where a contractor is to be provided with access to the acquiring entity's premises and/or records, the contract should clearly detail the scope of the access rights and the obligations of the parties in relation to such access. The occupational health and safety and security requirements for people granted access should be covered in the contract. The acquiring entity may retain the right under the contract to withdraw access rights to its premises. The contract should also place obligations on the contractor to ensure that its personnel comply with relevant policies, safety and security requirements. In certain circumstances, entry to the acquiring entity's premises may require personnel to hold either an access pass, or be subject to certain security requirements.

Government contracts generally provide for the acquiring entity and those authorised by it to be permitted to have access to the contractor's and, where relevant, subcontractor's premises and records associated with the contract. Purposes for which the acquiring entity may require access include:

•  performance and quality monitoring, including in relation to compliance with government policies;

•  as part of the payment, accountability and transparency requirements;

•  the investigation of whether contract change proposals, particularly costings, are reasonable;

•  to protect, register, manage, use or commercialise intellectual property rights, including moral rights; and

•  reviewing subcontractor's conditions of engagement and compliance with policies.

The contract should clearly detail the scope of the access rights and the obligations of the parties in relation to such access.