Amazon Web Services CUAAWS2020

Common use arrangement (CUA) buyers guide for the supply of Amazon Web Services (AWS).
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The AWS CUA is designed to facilitate the procurement of AWS Public Cloud Services. The CUA provides access to the following services:

  • AWS Cloud Computing Services
  • AWS Enterprise Support
  • AWS Professional Services (ProServ)
  • AWS Training and Certification
  • AWS Marketplace (please refer to the Online Marketplace Purchasing Guidelines)

This CUA does not cover any purchases made through Amazon Retail Services (Amazon online stores).

This CUA is mandatory state-wide for State agencies when they choose to use AWS Public Cloud Services in accordance with the Cloud Procurement Guidelines.

In accordance with Western Australian Procurement Rules, you can buy outside of this CUA and directly source from an Australian Disability Enterprise (ADE) or Aboriginal Business.

The CUA is accessible by all State and Local Government authorities, as well as other approved entities such as universities.

Other entities on the Approved register of who can buy from CUAs such as PBIs are not qualified to access the CUA.

General Conditions of Contract do not apply to this CUA.

The AWS CUA leverages the contractual agreement (the Enterprise Agreement) that is held between the Federal Government’s Digital Transformation Agency (DTA) and Amazon Web Services (AWS). This Enterprise Agreement is known as the AWS Whole of Government Agreement (WOGA). We have negotiated some specific amendments to the WOGA to meet WA’s requirements.

Approved CUA users must sign non-disclosure agreements to access a copy of the terms and conditions. You can begin this process by emailing the contract manager.

What are the buying rules?

There are a number of AWS Products / Services available through this CUA. Some of these Products / Services may have viable alternatives available in the market.

Agencies must consider these AWS Products / Services with an appropriate level of due diligence in terms of market research and/or testing where viable alternatives exist.

Refer to the buying rules below for the minimum requirements to purchase these Products / Services.

Agencies can seek further clarification from the contract manager.

Services Monetary threshold (inc. GST) Buying rule
Cloud Computing Services All values Refer to the Cloud Procurement Guidelines
Enterprise Support All values Mandatory under the CUA when purchasing Cloud Computing Services
Professional Services Up to $50,000 Direct purchase under the CUA
Professional Services $50,001 to $250,000 Request a quote from AWS and a minimum of 1 additional quote from AWS Partners under the ICT Services CUA*
Professional Services Above $250,000 Request a quote from AWS and a minimum of 2 additional quotes from AWS Partners under the ICT Services CUA*
AWS Training and Certification All values Direct purchase under the CUA.
AWS Marketplace** Up to $50,000 Direct purchase up to the value of $50,000.
AWS Marketplace** Above $50,000
In accordance with the Western Australian Procurement Rules.

Notes:

*Please refer to AWS Professional Services Subsection below for further information.

**Please refer to the Online Marketplace subsection & Purchasing Guidelines for further information.

AWS Professional Services

Only AWS Direct purchases are within scope of this CUAAWS2020. Any quotes accepted from AWS partners under CUAICTS2021 are within scope of the ICT Services CUA.

All quotes must be written quotes; however these may be sought using the CUA ICTS2021 Quote Form  or in a format deemed appropriate by the Customer in consideration of risk and value.

A list of AWS Partners is available at: https://partners.amazonaws.com. Customers should also refer to the CUAICTS2021 Buying Guide where seeking to engage these Partners under CUA ICTS2021. 

AWS Marketplace

The AWS Marketplace is a digital catalogue of third-party solutions hosted in the AWS cloud platform. Customers may access the Marketplace following market testing where these solutions represent-value for-money.

Although these solutions integrate with AWS, the terms and conditions for these solutions are with the third-party vendor.

For further information on buying from the AWS Marketplace please refer to the Online Marketplace Purchasing Guidelines.

Policy requirements

State agencies should be aware of the following requirements under Western Australian Procurement Rules as they apply to purchases from this CUA.  The below table is a summary of the requirements, and State agencies are encouraged to review the WA Procurement Rules.

Procurement planning 

Requirement  WA procurement rules
Buyers must prepare a procurement plan and submit it to the State Tenders Review Committee. No, not when buying under this CUA
Buyers must involve Finance.

No, buyers do not need to involve Finance when purchasing from this CUA. (WA Procurement Rule C1)

Buyers must obtain approval from an authorised officer of Finance to purchase through an alternative arrangement to this CUA

Yes, for all values and delivery locations where the purchase of goods and / or services under the CUA are mandatory (WA Procurement Rule C2.2)

Please note that State agencies are not required to request advice or approval from Finance, regardless of value, to purchase from an ADE or an Aboriginal Business (WA Procurement Rule C2.2)

Request documentation and contract formation 

Requirement WA procurement rules
Buyers must prepare an evaluation report  For AWS Marketplace purchases:

An evaluation report (use the Cloud Procurement Strategy template) must be developed for all contracts valued $50,000 and above (WA Procurement Rule D7(1))

The detail of an evaluation report must be commensurate with the value, risk and complexity of the contract (WA Procurement Rule D7(2))

For all other AWS Services:

No, not when buying under this CUA
Buyers must submit an evaluation report (use the Cloud Procurement Strategy document) to the State Tender Review Committee No, not required for purchases made under this CUA
Buyers must publish details of their contract of Tenders WA.  No, when purchasing from this CUA (WA Procurement Rule D8.1(3)
Buyers must record the contract on the agency's contract register as instructed within the buying agency's financial management manual  Yes, for all contracts valued at $50,000 or more (WA Procurement Rule F5), unless alternative arrangements have been approved under WA Procurement Rule F5(6)

Contract management 

Requirement  WA procurement rules
Buyers must prepare a contract management plan Contract management or project management plans must be developed for all contracts with a total estimated value of $5 million and above (WA Procurement Rule E1(1)), unless exempted under WA Procurement Rule E1(2)
Buyers must publish details of contract variations on Tenders WA No, when purchasing from this CUA
Buyers must seek advice from Finance on variations No, State agencies do not need to seek advice from Finance on variations

Exemptions from using this CUA

Finance is responsible for processing and approving all requests from public authorities seeking exemption from using a mandatory CUA. Requests for an exemption are considered on a case-by-case basis, and a requesting agency must be able to demonstrate that a business need cannot be adequately met by the relevant CUA.

Exemption requests should be directed to the Assistant Director of Procurement Frameworks through an email to the contract manager in the first instance. Requests for exemption may be received by posted letter or email but must be in writing and provide sufficient explanation and background to enable the request to be considered. The requesting officer should be the Accountable Authority or delegate of the agency..

For guidelines on what to include in an exemption request, please refer to the Procurement Practice Guidelines - Common Use Arrangements.

What will it cost?

Pricing

Approved CUA Users must sign the non-disclosure agreements to access details of the pricing. Contact the Contract Manager in the first instance to start this process.

Making the most of this contract

Resources

There are significant numbers of resources to assist you in the use of AWS Public Cloud Services available. You can find an extensive list of these in the eDecision Aid.

The eDecision Aid also contains further guidance documents about the onboarding process and the relevant agency contacts for operational tasks.

To arrange a login to the eDecision Aid, contact the contract manager.

Information classification

In accordance with the Office of Digital Government’s Information Classification Policy, agencies are required to classify their information that will be stored in any AWS cloud services. The three classifications mandated under the Information Classification Policy should be used to label information as Unofficial, Official or Official: Sensitive.

Data offshoring

Although AWS cloud services offer the ability to choose which Cloud Zones data is stored in, it is recommended that all or the majority of agency data is stored in the Australian Cloud Zones.

Before considering offshore data storage, you should refer to the Office of Digital Government’s WA Government data offshoring position and guidance fact sheet.

It is important to note that your RiskCover Cyber Risk Fund excludes coverage of claims, events or judgments made or arising in the United States of America (USA) or Canada or their territories or possessions. As such, it is recommended that you do not store data in Cloud Zones located in the USA or Canada.

Assistance from the Office of Digital Government

The Office of Digital Government can assist you as you embark on your cloud journey in a number of ways including:

  • information and data classification advice, including privacy legislation
  • high level cloud security, risk and controls advice
  • cloud migration planning and decision making – private versus public cloud
  • advice on cloud readiness assessments and other tools and resources to help agencies decide if cloud services meet their business requirements.

They host a range of information online that can assist you with the decision process.

How do I buy?

To sign up to this CUA, you must complete an onboarding process. You can commence this process by emailing the Contract Manager.

After I buy

  • check your invoices to ensure that they are correct
  • use the AWS billing management tools to monitor spend and prevent bill shock
  • keep up to date with new AWS technology
  • continuously review your risk assessments and controls to ensure that your AWS Public Cloud Services are appropriately configured to protect agency data
  • The eDecision Aid contains a significant number of resources to assist you in the use of AWS Public Cloud Services and the relevant agency contacts for operational tasks. To arrange a login to the eDecision Aid, contact the contract manager.

Contractors