AS4122-2010 Special Conditions

_{Clause 1.1 - Definition of Deliverables}

_{New Subclause 27.5}

_{New clause to allow the Client to acquire contract material from Consultant in the event of completion of services or on termination or frustration. The deliverables are provided to the Client regardless of the event that gave rise to termination.}

_{Subclause 5.9}

_{New clause that allows the Client to request a copy of the Deliverables prior to Completion.}

_{Subclause 9.3 and}

_{subclause 9.3A}

_{Updated clause to clarify how deductions for work taken out of the contract are calculated.}

_{Subclause 12.7A and}

_{Subclause 12.10}

_{Updated clause to clarify the Consultant’s entitlement to an extension of time and when delay costs are payable.}

_{Subclause 19.4, 19.6 and 19.7}

_{Updated conflict of interest clause to require the Consultant to comply with any direction of the Client to manage a conflict of interest and for the Consultant to obtain approval from the Client with respect to publicity.}

_{Subclause 20.7 and 20.8}

_{New clause to require a subconsultant to be prequalified with the Department and for the subconsultant to be paid within 15 days.}

_{Clause 40}

_{Updated clause to align with shift towards gender based violence and zero tolerance towards all forms of unacceptable behaviours.}

_{Clause 45.7(d), 45.9 and 45.10}

_{Updated clauses to correct grammatical errors.}

_{Clause 45.5}

_{Updated clause to reduce the number of Consultant’s Drawings and Consultant’s Specification provided to the Client.}

_{Clause 48.3}

_{Updated clause to ensure inter-department alignment. Failure to comply with clause 48.3 may also result in a suspension from the Department’s Prequalification System.}

_{Clause 48.6}

_{Updated clause to clarify who is a resident of South Australia.}

_{New clause 50}

_{New clause notifying the Consultant that the Auditor-General powers applies to the Contract.}

_{New clause 51}

_{New clause providing the Client with broad audit rights.}

_{Schedule 5 – Deed of Novation}

_{Updated Deed of Novation which includes changes to the AS4122-2010 when it is novated to a private entity.}

_{Whole of Contract}

_{General formatting and numbering corrections}

_{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.}

_{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.}

_{Added new clause 20A to require Consultant to enter into a deed of novation within 5 days of request from Client.}