Suppliers are often provided assistance with access to government equipment, information or data to facilitate the delivery of goods or services and the level of assistance to the supplier can affect the final price of the contract.
Where assistance is provided to a supplier under a contract, the nature of that assistance must be clearly identified in the contract and usually addresses:
1. what is to be provided to the supplier
2. the manner, place and times for providing the assistance
3. allocation of ownership and risk, including responsibility for any maintenance, inspection and testing, as well as any audit or stocktake requirements
4. any limitations on use, storage, transfer of possession, ownership, marks/plates or modification
5. identification of the party responsible for loss, damage, or replacement, including fair wear and tear
6. return, transfer or destruction at the end of the contract.
When managing a contract, it is vital for you are familiar with the specific provisions in your contract that relate to the assistance to be provided to the supplier.
The Commonwealth is obliged to provide the supplier with all assistance that is stipulated in the contract and you must make suitable arrangements for this to occur. If you fail to provide that assistance in the agreed manner, at the contracted time and place there may be serious consequences for the delivery of the contract and may place the Commonwealth at risk of being in breach of contract. You should also make suitable arrangements to verify that any equipment, information or data provided to the supplier under the contract is properly managed, handled, stored, used, returned or disposed of according to the provisions of the contract.