Government Furnished Facilities Licence (GFF) Capability Acquisition and Sustainment Group (CASG) and Estate & Infrastructure Group (E&IG) Directorate Property Leasing (DPL).
DPL recently assisted CASG ASDEFCON and Contracting Initiatives with a review of the way in which the extant GFF licence template interacted with the ASDEFCON Suite of Tendering and Contracting Templates.
The terms relevant to the contractor's occupation and use of the GFF are now distributed across the GFF licence (which is an attachment to the conditions of contract), the conditions of contract themselves, and the Statement of Work (SOW). This approach ensures that the entire contract package operates as a coherent whole and removes inconsistencies and duplicative provisions. Accordingly, the GFF Licence is now limited to GFF-specific provisions and is considerably more streamlined than the old version. Under the new arrangements, all provisions dealing with risk allocation (e.g. liabilities, releases and insurance) are in the conditions of contract, and all 'work' requirements are in the SOW.
Substantive changes have been made to the existing GFF licence terms in order to align with the approach we're taking as part of the broader ASDEFCON Liability review that fundamentally takes a risk and fault based approach to liability and only seeks indemnities from the contractor where reliance on common law rights isn't considered adequate protection for the Commonwealth. In keeping with these general principles, the new approach will resolve many of the reasons why it has proved so difficult in the past to negotiate and agree GFF Licences with contractors.
A new 'GFF Additional Clause Bank' has been developed to house a number of terms contained in the old GFF licence that were required for specific GFF circumstances, but would not be used often enough to be valuable to drafters as options in the main licence template. These include clauses like the Airfield Rights clause and clauses for use when ‘non-Contract’ work for commercial purposes is proposed by the Contractor. This clause bank is available to drafters on request to the ASDEFCON help desk, procurement.ASDEFCON@defence.gov.au.
The linked process flowcharts reflect contemporary approvals and implementation procedures that correspond to the steps outlined in the Civil Use of the Defence Estate Manual (CUDEM) where applicable, and should be read in conjunction with this guidance.
For queries relating to the ASDEFCON Templates and GFF Licence, including access to the GFF Clause Bank, contact: firstname.lastname@example.org