Users of the Digital Marketplace Panel 2 (DMP2), a way for the government to procure digital and ICT products and services, have called for more transparency and clearer guidance around contracting pathways, pricing approaches, AI provisions and warranties and maintenance.
The feedback comes after a month-long consultation period in 2025 carried out by the Digital Transformation Agency (DTA) with buyers and sellers of the DMP2's Software and Cloud module.
Buyers and sellers of the Software and Cloud module asked for clearer guidance on when to use an End User Licence Agreement (EULA) versus a standard government agreement, with existing documents seen as complex and difficult to apply in practice.
The Software and Cloud Licence Agreement (SCLA) has been renamed to the Government Licence Agreement (GLA) and has been restructured to improve usability.
Software and Cloud buyers will now be able to choose the most suitable contracting pathway - using a EULA, using the GLA or using the standard contract - and guidance will be provided to support buyers and sellers in deciding which is best.
Pricing was also flagged as an issue, with the complaint being raised that fixed unit-price lists became outdated quickly and thus created unnecessary administrative burdens.
As a result, the module has shifted to a "simplified, discount-based" pricing approach, with a focus now on clear discount structures, rather than maintaining detailed price lists, aiming to reduce ongoing admin while still supporting fair and comparable pricing.
When applying to DMP2: Software and Cloud, the DTA will now ask for high-level pricing information as part of applications, with approved sellers asked to provide detailed pricing information during their panel onboarding.
Pricing information will also be required when responding to a request for quote.
Respondents to the consultation expressed a strong desire for both cleaner, stronger AI-related obligations, as well as the need for practical guidance on how AI obligations are applied and enforced in contracts and supplier management.
The DTA has responded by strengthening AI clauses where AI features are present, as well as clarifying responsibilities for both buyers and sellers of expectations around AI use, disclosure requirements and where prohibitions or restrictions may apply, plus improving alignment between policy expectations and contractual obligations.
There was also ambiguity around maintenance obligations, according to the buyers and sellers, with a need for clearer notice requirements for preventative maintenance to reduce service disruption called out as an area for improvement.
While warranties remain aligned with standard Commonwealth practice, maintenance and rectification expectations have been clarified, including introducing clearer timeframes, clearer notice mechanisms and improved certainty for both buyers and sellers.
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