Proctor : May 2018
22 PROCTOR | May 2018 Table one Contracting options Prescribed circumstances for use Contract risk Contract value Non-ICT general contract conditions Low risk Under $1 million Government Information Technology Contracting framework (GITC Version 5.03) Any risk Any value Table two Contracting options Recommended circumstances for use Contract risk Contract value QITC General Contract Conditions* Low risk Under $1 million QITC Comprehensive Contract Conditions Low risk Over $1 million Moderate risk Any value High risk Any value Bespoke contract** Very high risk Any value Extreme risk Any value Supplier’s terms and conditions Low risk Under $100,000 * The QITC General Contract Conditions only govern the procurement of hardware, software, cloud services and ICT professional services. ** A bespoke contract will likely be based on the QITC Comprehensive Contract Conditions with necessary amendments to address the unique risks and requirements of the individual procurement. Technology for government Queensland’s new ICT contracting framework The Queensland Government’s new information and communications technology (ICT) contracting framework was released in August 2017. It is available at forgov.qld.gov.au/ new-ict-contracting-framework. The Queensland Information Technology Contracting (QITC) framework is the result of the Government Information Technology Contracting (GITC) framework review and refresh project which commenced in late 2015. It is the product of an extensive government and ICT industry co-design process. For over 20 years, the utilisation of the GITC framework has been mandatory for agencies when procuring ICT products and services. The QITC framework, which replaced the GITC framework in its entirety, represents a substantial change for agencies and suppliers for the procurement of ICT products and services by Queensland Government. The QITC framework was designed to make Queensland Government procurement simpler and faster. IS13 – Procurement and disposal of ICT products and services In conjunction with the release of the QITC framework, Queensland Government Information Standard IS13 (IS13) was amended. IS13 now provides that the use of the QITC framework should be the basis for all contracts established for the procurement of “ICT products and/or services”. The Queensland Government Chief Information Office (QGCIO) defines ICT products and/or services as follows: “...generally...all types of technology (data, voice, video, etc.) and associated resources, which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. All resources required for the implementation of ICT are encompassed, namely equipment, software, facilities and services, including telecommunications products and services that carry voice and/or data.” A guideline to the amended IS13 is available at qgcio.qld.gov.au/documents/ procurement-and-disposal-of-ict-products- and-services-implementation-guideline. In accordance with the amended IS13, the use of the QITC framework is now mandatory for the procurement of all ICT products and services by Queensland Government departments and other Queensland Government entities which are in scope for applicability of the Queensland Government Enterprise Architecture (QGEA) as specified in the QGCIO ‘Applicability of the QGEA’ publication available at qgcio.qld.gov.au/ information-on/qgea/applicability. Key differences between GITC and QITC Contracting options Under the GITC framework, Queensland Government agencies had the two contracting options shown in table one. Agencies could also elect to procure ICT products and services under a standing offer arrangement (SOA). All existing SOAs are predominantly on the terms of GITC. Under the QITC framework, Queensland Government agencies now have the four contracting options shown in table two. Agencies continue to have the option of procuring ICT products and services under an SOA. The terms of those SOAs will vary. Existing SOAs will be on the terms of GITC. Future SOAs will likely be on the terms of the QITC Comprehensive Contract Conditions. The new ICT SOA conditions, which have been drafted to interoperate with the QITC framework, are available at forgov.qld.gov.au/ict-templates-standing- offer-arrangements. An SOA should be utilised when an existing SOA is applicable and appropriate.