All taxes, duties and charges imposed or levied in Australia or overseas in connection with the performance of this agreement will be borne by the supplier.
ICT Software Agreement - Oracle Contract
- Mandatory
Updated: 5 Oct 2017
Scope
The contract covers products and services from Oracle including licences, maintenance, hardware, consulting and training.
Range of products and services
The software agreement is a contractual framework for the procurement of the following products and services from Oracle:
- software license and maintenance
- cloud services such as software as a service, platform as a service and infrastructure as a service
- hardware
- consulting and professional services
- training and education services.
It provides simplified contract terms and conditions, and delivers savings to customers through the combined purchasing power of NSW Government.
It also contains provisions for the transitioning of procurement from licensed software models to as-a-service models.
Key contract features
Contract 607 provides:
- competitive negotiated software and hardware pricing
- the ability to transition to software as a service arrangements
- the inclusion of training and advice services under the agreement
- enhanced contract terms and conditions
- flexibility on software and services to support machinery of government.
Key benefits
The key contract 607 benefits are:
- price hold pricing for on premise software license
- competitive discount on hardware
- discount hold on Oracle cloud services.
For the above, there may be further discounts on bulk purchases and bundles.
This contract also offers:
- fixed consulting and professional services
- competitive rates on training and education services.
The software support service fee increases set out above do not apply to the renewal of any software support services contract entered into during the term of the head agreement, such renewal to be at the customer’s request and for a period of no less than 24 months (2 renewal license years) and up to 36 months (3 renewal license years). The customer needs to issue a purchase order for the multiple years of support upfront and will be invoiced annually in advance. The preceding paragraphs do not apply to the licensed software and software support services referred to in the Oracle BOAC (Back Office Application Consolidation) bundle for NSW Health.
Software products and services are to be procured under the terms and conditions set in Procure IT version 3.1 with additional terms and conditions from Procure IT version 3.2
Extension options
One 36-month extension option at the discretion of the contract authority.
Insurance
Please refer to the insurance set out in the Procure IT version 3.1 framework.
Eligibility to use contract
Public bodies can purchase from NSW Government contracts under Clause 6 of the Public Works and Procurement Regulation 2019.
How to register as an eligible buyer
To register as a new customer please complete the online registration form.
Once approved, you will be advised of your authorised buyer identification number (NSWBuy number). You will then eligible to use the NSW Government contracts. This process may take up to 8 weeks.
Please email nswbuy@treasury.nsw.gov.au if you have any problems completing your application form or if you wish to check your registration status.
Complaints and disputes
If case of a dispute, both the buyer and the supplier must use their best efforts to resolve it.
The buyer should speak to the supplier's customer service representative first. If they can't solve the matter together, the buyer should then contact NSW Procurement.
If the dispute cannot be resolved by mutual agreement of both parties in consultation with NSW Procurement, it will be referred for expert determination. This more formal process will need a higher level of detailed documentation, correspondence and records.
Approved supplier
ABN
80 003 074 468
Trading as
Oracle Corporation Australia Pty Limited
Contact person
Paul Schlawe
Phone: 0404 834 528
Email: paul.schlawe@oracle.com
Address: 4 Julius Avenue, North Ryde NSW 2113
Website: Oracle
Code of behaviour
The supplier must, in carrying out this agreement, comply with the codes, policies and guidelines and standards listed in the contract, which includes the Code of Behaviour for the Protection of Children and other Vulnerable People.
The supplier must ensure that all persons working on the site or sites under the contract; including but not limited to the supplier’s employees and managers, consultants and sub-contractors, understand and comply with the requirements shown below:
- All supplier employees must gain permission to enter the school or facility before commencing work and they may only enter approved areas. The supplier’s representative, or where a sub-contractor is working without the supervision of the supplier, the sub- contractor’s representative, must report their presence to the person in charge of the school or facility on arrival each day and record, in the site visit log, the details of all of the supplier’s or sub- contractor’s employees working at the site or sites that day.
- Supplier employees should avoid talking with, touching or interacting with any children or residents or other users of the school or facility, except where the work requires it, or in an emergency or safety situation.
- Supplier employees must only use approved toilets and other facilities, unless the person in charge of the school or facility gives written authority to use alternative arrangements.
- The work area must not be able to be used or accessed by children, or residents or other users of the school or facility while work is in progress. Clear signs and barricades (where appropriate) must be used to prevent any inadvertent or unauthorised access.
- Appropriate privacy must be maintained when working on toilets and similar facilities. Supplier Employees must ensure that toilets and similar facilities are not occupied or in use by children, residents or other users before entering to perform work, and that work does not continue when use of the facilities is required.
- Where practicable male employees should perform work on male facilities and female employees on female facilities.
- Supplier employees must wear clothing that is tidy and in good condition, including a shirt, shorts or trousers or skirts at all times.
- Supplier employees should report any concerns about children’s behaviour or child abuse to the person in charge of the school or facility.
- Supplier employees must wear or carry an identity card at all times when on the site or sites.
Pricing
For pricing information, contact:
- the supplier (view contact details in 'list of suppliers'), or
- the contract owner (click 'contract owner' above)
Discounts
The minimum discount rate for Oracle software licenses is 67%.
There may be further discounts on bulk purchases and bundles. Oracle also offers a fixed professional services fees and training and education.
The software support service fee increases set out above do not apply to the renewal of any software support services contract entered into during the term of the head agreement, such renewal to be at the customer’s request and for a period of no less than 24 months (2 renewal license years) and up to 36 months (3 renewal license years). The customer needs to issue a purchase order for the multiple years of support upfront and will be invoiced annually in advance.
Note: the preceding paragraphs do not apply to the licensed software and software support services referred to in the Oracle BOAC (Back Office Application Consolidation) bundle for NSW Health.
Ordering
Under the ICT software agreement, a customer contract can be formed between the customer and supplier by completing and mutually acknowledging and signing the general order form.
The general order form to be used is in adherence with the terms and conditions set by Procure IT version 3.1 framework.
The customer is to ensure that the quotation does not contain any conditions, if accepting a quote.
Government taxes and charges
Third party purchasing
Clause 6 of the Public Works and Procurement Regulation 2019 allows the NSW Procurement Board to provide access to suppliers of public sector bodies to state contracts standing offer agreements for the provision of goods and services. These suppliers are known as Nominee Purchasers. The public sector bodies making the nominations are known as Nominating Agencies.
'Nominee Purchaser' means a supplier to a public sector agency, nominated by the public sector agency to be authorised to place Orders under Standing Offer Agreements for works done as such a supplier and registered by NSW Procurement.
Access of nominee purchasers to NSW Government contracts standing offer agreements:
- is limited to standing offer agreements relevant to the contract between the nominating agency and the nominee purchaser, and which are specifically listed in the nominee purchaser’s registration and
- is for a fixed period of registration, usually ending on the completion of the term of the contract between the nominating agency and the nominee purchaser.
A nominee purchaser must not purchase goods or services under a NSW Government contract standing offer agreement, unless they are related to its obligations under a contract with a public sector agency and are used during the term of such a contract or included or incorporated in works, goods or services to be provided to the public sector bodies.