DTA makes it easier for government to set up cloud contracts with IT providers

The Digital Transformation Agency (DTA) has released cloud contract templates to make it easier for government agencies to set up commercial contracts with external IT providers when sourcing cloud services.

"The cloud contract templates provide buyers and sellers with a common contractual baseline which is consistent with the Commonwealth Procurement Rules and government policies," the DTA stated.

"The templates are suitable for Commercial off-the-shelf (COTS) products, services, or solutions that may include minor variations and basic support services to assist in transition and implementation."

The DTA has developed two cloud contract templates: A cloud sourcing contract template and cloud services minimum terms template.

The cloud sourcing contract template provides government agencies with a governance framework to purchase cloud products and services; an outline of buyer and seller obligations, including the risk of using cloud products and services; and model clauses around security, information, and data management protections.

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Meanwhile, the DTA outlined it developed the cloud services minimum terms template for instances when a full model contract template is unsuitable while still providing the same contract protections as the cloud sourcing contract template.

"The cloud services minimum terms template has been developed in response to user research which told us that a full model contract is not suitable in all situations," the DTA said.

"The minimum terms template is intended for use in an approach to market and seeks to clarify the minimum terms of any agreement which the government is able to accept."

The DTA clarified that the contracts have not been designed to "necessarily replace the need for professional legal advice, but they make the early stages of agreeing terms easier".

The new templates are in addition to the DTA's existing suite of digital sourcing contract templates that were developed to replace the SourceIT Plus model contract, which was previously managed by the Department of Finance.  

the DTA in February 2018 published the Secure Cloud Strategy. At the time, it was touted as a guide for government entities to develop their own cloud strategies from.

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