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Procurement and contract negotiation

The HSA Standard Terms is a header agreement used across government agencies. It can’t be amended for a specific contract with an NGO service provider.

The NSW Procurement Board is the only authorised body to make changes to the HSA Standard Terms.

However, during the procurement process, some parts of the Schedule can be negotiated.

The purpose of the Schedule is to record specific conditions relevant to a funded service being contracted, such as payments, outputs and service activity. The scope of what can and can’t be negotiated in the Schedule is defined during the procurement process, by program policies, or by Program Specifications attached to the Schedule.

The Supplementary Conditions can’t be negotiated. They apply to all DCJ Schedules because they reference DCJ-specific requirements and work in conjunction with clauses in the Standard Terms.

Additional Supplementary Conditions

Unique conditions about the service or conditions applicable only to a particular service contract can be inserted at clause 19 of the Schedule: Additional Supplementary Conditions. Clause 19 is only used in exceptional circumstances. This should only be used on exceptions basis. Before you consider inserting Additional Supplementary Conditions check whether the content can fit within the body of the contract.

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Last updated: 20 May 2020