Common use of Subcontracting Requirements Clause in Contracts

Subcontracting Requirements. The Training Provider must ensure that each student who receives training and assessment under a subcontract arrangement is aware that they are enrolled with the Training Provider, not the subcontracted party. Where a subcontract arrangement entered into under Clause 6.2 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, the subcontract arrangement must be on terms that allow the Training Provider to immediately terminate the arrangement if the subcontracted registered training organisation's VET Funding Contract with the Department is suspended or terminated. The Training Provider acknowledges that, pursuant to Clause 5.8, it must ensure that the details of any trainers and/or assessors engaged through a subcontractor are included on the Training Provider’s Register of Trainers and Assessors. The Training Provider represents and warrants to the Department on every day during the Term that all subcontractors it uses under this VET Funding Contract have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. The Training Provider acknowledges and agrees the Department may direct the Training Provider to cease, or otherwise vary the scope of, an arrangement to subcontract some or all of the Training Services, including an arrangement entered into pursuant to Clause 6.2. If the Training Provider subcontracts the provision of some or all of its performance of the Training Services, it: must ensure that any subcontract entered into: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; permits the Training Provider to immediately suspend the subcontract if the Training Provider's VET Funding Contract with the Department is suspended; permits the Training Provider to immediately terminate the subcontract if the Training Provider's VET Funding Contract with the Department is terminated; and otherwise permits the Training Provider to comply with its obligations under this VET Funding Contract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review or investigation under Clause 11); must provide a copy of the executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the Training Provider of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this VET Funding Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for the Training Provider's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the Training Provider and any subcontractor; and acknowledges that all costs associated with any subcontract are the responsibility of the Training Provider.

Subcontracting Requirements. The Training Provider must ensure that each student who receives training and assessment under a subcontract arrangement is aware that they are enrolled with the Training Provider, not the subcontracted party. Where a subcontract arrangement entered into under Clause 6.2 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, the subcontract arrangement must be on terms that allow the Training Provider to immediately terminate the arrangement if the subcontracted registered training organisation's VET Funding Contract with the Department is suspended or terminated. The Training Provider acknowledges that, pursuant to Clause 5.85.9, it must ensure that the details of any trainers and/or assessors engaged through a subcontractor are included on the Training Provider’s Register of Trainers and Assessors. The Training Provider represents and warrants to the Department on every day during the Term that all subcontractors it uses under this VET Funding Contract have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. The Training Provider acknowledges and agrees the Department may direct the Training Provider to cease, or otherwise vary the scope of, an arrangement to subcontract some or all of the Training Services, including an arrangement entered into pursuant to Clause 6.2. If the Training Provider subcontracts the provision of some or all of its performance of the Training Services, it: must ensure that any subcontract entered into: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; permits the Training Provider to immediately suspend the subcontract if the Training Provider's VET Funding Contract with the Department is suspended; permits the Training Provider to immediately terminate the subcontract if the Training Provider's VET Funding Contract with the Department is terminated; and otherwise permits the Training Provider to comply with its obligations under this VET Funding Contract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review or investigation under Clause 11); must provide a copy of the executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the Training Provider of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this VET Funding Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for the Training Provider's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the Training Provider and any subcontractor; and acknowledges that all costs associated with any subcontract are the responsibility of the Training Provider.

Subcontracting Requirements. The Training Provider must ensure that each student who receives training and assessment under a subcontract arrangement is aware that they are enrolled with the Training Provider, not the subcontracted party. Where a subcontract arrangement entered into under Clause 6.2 is between the Training Provider and another registered training organisation that holds a VET Funding Contract, the subcontract arrangement must be on terms that allow the Training Provider to immediately terminate the arrangement if the subcontracted registered training organisation's VET Funding Contract with the Department is suspended or terminated. The Training Provider acknowledges that, pursuant to Clause 5.8, it must ensure that the details of any trainers and/or assessors engaged through a subcontractor are included on the Training Provider’s Register of Trainers and Assessors. The Training Provider represents and warrants to the Department on every day during the Term that all subcontractors it uses under this VET Funding Contract have appropriate qualifications and skills and are suitably experienced and capable of providing Training Services as required by this VET Funding Contract. The Training Provider acknowledges and agrees the Department may direct the Training Provider to cease, or otherwise vary the scope of, an arrangement to subcontract some or all of the Training Services, including an arrangement entered into pursuant to Clause 6.2. If the Training Provider subcontracts the provision of some or all of its performance of the Training Services, it: must ensure that any subcontract entered into: prohibits further subcontracting by the subcontractor; requires the subcontractor to provide all necessary assistance, documentation and information that is required under this VET Funding Contract; permits the Training Provider to immediately suspend the subcontract if the Training Provider's VET Funding Contract with the Department is suspended; permits the Training Provider to immediately terminate the subcontract if the Training Provider's VET Funding Contract with the Department is terminated; and otherwise permits the Training Provider to comply with its obligations under this VET Funding Contract (including its obligations to ensure that any subcontractor cooperates and assists with any audit, review or investigation under Clause 11); must provide a copy of the executed subcontract agreement to the Department if requested; retains responsibility for all of its obligations under this VET Funding Contract and any subcontract arrangement does not relieve the Training Provider of any of its liabilities or obligations under this VET Funding Contract or to otherwise provide the Training Services; is responsible for ensuring the suitability of the subcontractor and for ensuring that any work performed by the subcontractor meets the requirements of this VET Funding Contract; is liable to the Department for the acts, or omissions or negligence of any subcontractor (or any employee, officer or agent of the subcontractor) as if they were the acts, or omissions or negligence, of the Training Provider (or the employees, officers or agents of the Training Provider); indemnifies (and must keep indemnified) the Department against any or all Loss arising from any acts or omissions by any subcontractor in connection with, or in the course of, the provision of the Training Services or any breach of this VET Funding Contract (whether or not the breach is a Material Breach); acknowledges that the Department is not liable for the Training Provider's subcontractor arrangements and will not become involved in the internal administration of subcontracts or act as a mediator between the Training Provider and any subcontractor; and acknowledges that all costs associated with any subcontract are the responsibility of the Training Provider. Restrictions on Training Provider acting as subcontractor The Training Provider must not enter into any arrangement under which it carries out training and assessment as a subcontractor to another registered training organisation in respect of courses or qualifications for which that registered training organisation receives funding through the Skills First Program.