When entering into an arrangement with a supplier for the procurement of ICT related goods and services, a government agency must use the Procure IT Framework, unless a mandated whole of government contract for the relevant ICT good or service to be procured, applies.
The Procure IT Framework is amended by the replacement of the Short Form ICT Contract with the Core& Agreement (Low Risk) which includes:
The Core& Agreement (Low Risk) may be used for low risk procurements with a contract value up to $500,000 (ex GST) calculated by reference to total or reasonably estimated value. PBD-2018-03 Approved Procurement Arrangements applies to procurement approaches to be adopted by agencies
Agencies may at their discretion elect to use the then current version of the long-form Procure IT Agreement (currently version 3.2) for any ICT procurement.
Responsibility for management of the development of the transition, implementation and risk assessment framework of the Core& Agreement (Low Risk) is delegated to the Government Chief Information and Digital Officer (“GCIDO”).
To maintain the currency and relevance of the Core& Agreement (Low Risk), the GCIDO may periodically make minor variations to the Core& Agreement (Low Risk) and issue updated versions of the Core& Agreement (Low Risk) which will apply to all new procurements from the date it is published on NSW ProcurePoint.
Transactions based on earlier versions of the Core& Agreement (Low Risk) will continue in accordance with the terms of the relevant contract until completion. Tender requests that have been issued prior to the publication date of the new version with a projected contract award date prior to the publication date may use the then current version of the Core& Agreement (Low Risk).
For the benefit of suppliers and Government, and to ensure consistent ICT contract terms, government agencies are not permitted to vary the standard terms and conditions of the Procure IT Framework without the written approval of the Department of Customer Service (DCS), except in the case of beneficial variations as specified below. The Department will approve variations that are reasonable and necessary to accommodate unique features of a particular procurement.
Government agencies are not required to seek DCS approval for beneficial variations which clearly improve the Customer’s contractual position, for example, amendments improving or adding to the Customer’s legal rights and amendments imposing additional obligations on the Contractor.
However, government agencies must provide prior written notification of such variations to DCS Legal, supported by legal advice confirming the variations are beneficial in nature.
This direction applies from 1 November 2018 until it is withdrawn.