Data Centre as a Service (DCaaS) Multi Use List - About AGIMO

Contract ManagementAGIMO is responsible for the Deed, which AGIMO will co-sign with the Supplier before theSupplier is added on to the MUL. AGIMO will also review any Work Orders created under aDeed, to ensure that the Supplier is meeting their requirements under the Deed.Agencies are responsible for the contract management of Work Orders signed under the Deed.The Agency will negotiate and agree to the terms of the Work Order, and manage the delivery ofservices by the Supplier.Varying a Work OrderSchedule 2 Contract Terms provides that the Contract will not be varied except by agreement inwriting signed by the Customer (Agency) and the Supplier. Either party may submit a requestfor variation in the form of the Change Proposal Form at Schedule 3 (Change Order Form). Toundertake a change request:1. Log into the Data Centres community on govdex. If you do not already have access togovdex, send an email to datacentres@finance.gov.au requesting access and confirming thatyou are an employee of the Commonwealth, state or territory government.2. Download the Deed and review Clause 16 of Schedule 2 Contract Terms for the fullconditions for undertaking a variation.3. Negotiate the proposed changes with the Supplier.4. Complete Schedule 3 Change Order Form and provide to the Supplier for their agreement.5. Both parties must agree to and sign the variation.Dispute resolutionConsistent with Clause 12 of Schedule 2 Contract Terms, for any dispute arising under the Deed:1. the Parties will try to settle the dispute by negotiation;2. if unresolved, the party claiming that there is a dispute will give the other Party a noticesetting out the details of the dispute;3. within seven (7) days of the notice, each Party will nominate a senior representative, nothaving prior involvement in the dispute, to try to settle the dispute;4. failing settlement within a further 14 days, the Parties must refer the dispute to mediation orsome alternative dispute resolution procedure; and5. if the dispute or difference is not settled within 30 days of the submission to mediation orsome other form of alternative dispute resolution procedure (unless such period is extendedby agreement of the Parties), the Parties must submit it to arbitration in accordance with,and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct ofCommercial Arbitrations.Each Party will bear its own costs for dispute resolution. The parties to the dispute must equallypay the costs of any mediator or arbitrator.Despite the existence of a dispute, the Supplier must (unless requested by AGIMO not to do so)continue its performance under this Deed.The procedure for dispute resolution does not apply to action relating to termination or to legalproceedings for urgent interlocutory relief.TerminationClause 14 of Schedule 2 Contract Terms details the conditions for terminating an agreementwith a Supplier.Data Centre as a Service (DCaaS) Multi Use List – Guidance for Agencies | 8