Case Study: Comprehensive Legal Support for the myGov Digital Experience Platform Procurement - Services Australia

17 Jun 2024

Key issues

Services Australia sought to undertake a two-stage procurement process to acquire software capabilities crucial for the implementation of the Core Customer Experience Capabilities within the myGov Digital Experience Platform, which will replace the existing platform. This project was deemed business critical and complex, requiring careful management within tight timeframes and as part of a multi-disciplinary team. Of paramount importance was addressing the Agency's key risks with respect to the security, privacy and protection of customer data, which includes personal and protected information.

Our solution

Our involvement spanned various critical aspects of the procurement process.

We assisted in shaping the development of the Request for Expression of Interest (REOI) and Request for Proposal (RFP) terms and conditions, along with associated deeds, response forms, and statements of requirements. Additionally, we crafted Core Commercial Terms issued with the REOI and a draft contract issued with the RFP, tailored to effectively address the Agency's key risks. Throughout the process, we provided ongoing legal guidance on licensing models for each product, data protection and management, and complex warranty and intellectual property issues. Furthermore, we spearheaded the legal contract negotiations on behalf of the Agency, ensuring alignment with their objectives and risk management strategies.

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Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.