The NSW Procurement Board recently updated the ICT Purchasing Framework documentation for the procurement of ICT goods and services. Procurement Board Direction PBD-2021-02 (Direction) came into effect on 1 July 2021 and will become mandatory for all NSW Government agencies from 1 September 2021.
The Direction requires a NSW Government agency to use the new ICT Purchasing Framework for the procurement of ICT goods and services. The ICT Purchasing Framework comprises of the:
The Master ICT Agreement (MICTA) and ICT Agreement (ICTA) Contracting Framework replaces the existing Procure IT v3.2 Framework and the Core & Contracting Framework updates the existing Core & short form agreement into a more concise format.
In addition to a complete restructure from the previous multi-module-based ProcureITv3.2 Framework, the updated MICTA/ICTA Contracting Framework includes a number of changes to key clauses. These changes were developed following a consultation draft review and submissions from key industry stakeholders, suppliers and other relevant industry customers. They include:
All existing agency ICT contracts executed prior to 1 September 2021 will continue on the same terms until expiry, unless and until the supplier and agency vary the existing contract to include MICTA/ICTA terms and conditions.
If a pre-1 September 2021 contract allows for extension or renewal beyond 1 September 2021, the contract will continue on its existing terms (unless the supplier and agency agree in writing otherwise).
Approval from the Department of Customer Service is required to extend or renew a contract on its existing terms (rather than moving to a MICTA/ICTA Purchasing Framework) where the existing contract contains no remaining extension options.
The final versions of the new Contracting Frameworks are available for review and use through the buy.nsw.gov.au website. Suppliers who have current ICT supply contracts with NSW government agencies should familiarise themselves with the updated Frameworks and review their extension and renewal options.
If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here.
Donna Bartlett, Partner
Renee Smith, Associate