Maddocks Partner James Smart and Special Counsel Amy Kelly will also be providing an interactive opportunity to attend a CPD session to talk through key provisions; how the new eServices Contract differs from the former eServices contract and helpful tips for ensuring that your procurement via the eServices Contract sets up your project for success. See further below for more details.

A high level summary of the changes 

eServices Contract 

The new eServices Contract combines the previous eServices and IT infrastructure contracts into a single contracting framework. The new contracting framework consists of:

• a Deed of Registration for suppliers to confirm their eServices register membership;
• a Short Form Contract;
• a Long Form Contract;
• eServices Schedules covering the ICT goods and services scope of the register; and
• a new Ordering Document (to replace the Contract Variables document). 

The Victorian Government consulted buyers and suppliers and found that the old eServices contract did not meet their current needs, particularly with regards to changing technologies. In response, the new eServices Contract needed to be adaptable and flexible in this changing technological landscape. The changes to the eServices Contract also seek to simplify the contracting terms, make it easier to engage with businesses and make it easier for suppliers to work with the Victorian Government. 

What has changed in the new eService contract? 

Legal positions under the contract remain substantially the same 

The legal positions under the contract remain substantially the same. The new contract has retained similar positions to the former eServices contract on fundamental legal obligations and rights, including positions on liability, indemnification, liquidated damages, and insurance. 

Buyers will have a choice between a Short Form or Long Form Contract

Buyers will have a choice between a Short Form Contract (SFC) and a Long Form Contract (LFC). Most of the clauses in the SFC and LFC contracts are similar so that you can easily navigate between the two. 

The key difference is that the LFC contains some additional protections for projects that are high risk or have complex procurements over the value of $1 million. The SFC is shorter and is appropriate for procurements that are low risk or low complexity under the value of $1 million. 

The new contract is simplified and standardised 

One of the key focuses was to ensure government bodies could use the new contract more easily. The new eServices contract is easier to read and has simplified contracting terms. The contract is written in plain English and there is less drafting ‘legalese’ to ensure the contract is more concise and easier to use. 

The old eServices Contract Variables document has been replaced by the new Ordering Document which is also designed to be more user-friendly and flexible. The Ordering Document includes prompts, checkboxes and text fields where possible. 

The contracts are more flexible within the changing technological landscape 

There are a number of significant changes to the new eServices contract to make it more flexible and adaptable and to manage new technologies. For example, the new eServices contract: 

• includes terms for information and communication technology (ICT) services and infrastructure procurement;
• covers software licences and provides flexibility to include suppliers’ end user licensing agreements (EULAs) to allow purchasers to incorporate EULAs or similar software licence terms where agreed in the Ordering Document;
• provides scope for parties to agree on acceptable Generative AI tools and their permitted uses either prior to execution, or by agreement during the term of the eServices Contract;
• allows use of either an ‘agile’ or ‘waterfall’ implementation methodology when procuring software development or system implementation services; and
• requires that for third party software licences, the suppliers must act as the single point of contact including for procurement and negotiation of third party software. The fees quoted to purchasers should reflect services including resolution of defects, upgrades and escalation of issues, as well as third party fees. 

It will be easier to vary or amend the eServices Contracts

It will also be easier to vary the eServices contracts under the new framework. Rather than using the specific ‘Change Order’ form for variations, the SFC or can be changed by simple methods, eg a variation letter.

Register now: The new eServices Contract –  
setting your project up for success

Maddocks partner James Smart and special counsel, Amy Kelly will provide an overview of the new eServices Contract, highlighting the key benefits and changes for users.  If you are interested in learning more about the eServices Contract, sign up for our interactive session on Tuesday, 23 September 2025. 

Attendees have the option to attend in person or online to learn more about:

• key provisions
• how the new eServices Contract differs from the former eServices contract
• helpful tips for ensuring that your procurement via the eServices Contract sets up your project for success

This session will benefit in-house lawyers working within Victorian Government as well as procurement specialists, project managers and technology teams who have responsibility for ICT or IT enabled procurement activities and contracting.