PBD-2025-03 Mandated use of ICT Purchasing Framework

Mandatory use of ICT Purchasing Framework

When entering into an arrangement with a supplier for the procurement of ICT goods and services and related goods and services, an Agency must use the relevant ICT Purchasing Framework documents unless:

• a current mandated whole of government contract for the relevant ICT goods or services to be procured is in place; or
• exempted by the Procurement Board or its authorised delegate.

The ICT Purchasing Framework comprises the:

• Core& Contracting Framework for procurement of low-risk goods/services and a contract value up to $1 million (ex GST); and
• MICTA/ICTA Contracting Framework documents for procurement of high-risk goods/services or a contract value of $1 million or more (ex GST).

Contract value is calculated by reference to the total value of the procurement over the contract term including any option/renewal period/s, or if this is not able to be reasonably determined by the nature of the contract then by reference to a reasonably estimated contract value over the term and any option/renewal period/s.

Agencies must complete a risk assessment to determine if the Core& Contracting Framework can be used for a procurement. An Agency may use the MICTA/ICTA Contracting Framework for any ICT procurement regardless of the value or risk associated with the procurement.

The Core& Framework consists of the Core& One and Core& Combined. Core& One may be used when procuring an individual ICT solution. Core& Combined may be used when procuring more than one solution in one transaction.

Variations to the ICT Purchasing Framework

Beneficial Variations

Agencies are not required to obtain approval from the Department of Customer Service (“DCS”) or notify DCS of beneficial variations which clearly improve a customer’s contractual position, for example, amendments improving or adding a customer’s legal rights or amendments imposing additional obligations on the supplier.

Non-Beneficial Variations

Agencies may agree to non-beneficial variations to the ICT Purchasing Framework documents subject to compliance with the internal reporting and governance framework prescribed by DCS and subject to the approval process for Excluded Variations described in this Direction.

Excluded Variations

Agencies must not agree to any of the following types of non-beneficial variations to the ICT Purchasing Framework (referred to in this Direction as “Excluded Variations”) without obtaining DCS approval of the variation:

• Variation of any ICT procurement contracts under a whole of government panel or other whole of government contract.
• Exemptions from using the ICT Purchasing Framework.
• Variations which vary the order of precedence of the documents comprising the relevant ICT Purchasing Framework or which enable supplier terms to take priority over the ICT Purchasing Framework documents.

An Agency must obtain DCS approval in relation to Excluded Variations.

Promulgation of succeeding version of the ICT Purchasing Framework

To maintain the currency and relevance of the ICT Purchasing Framework, the NSW Government Chief Information and Digital Officer (“GCIDO”) may periodically make variations to the Core& Contracting Framework or the MICTA/ICTA Contracting Framework and issue updated versions. Transactions based on earlier versions will continue in accordance with the terms of the relevant version until completion.

Updated versions will apply to new procurements or where the procurement strategy has been approved after the date of publishing on Buy.NSW or as otherwise specified in any release notes.