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More Progress on NSW Government’s Procure IT
AIIA member companies will soon know the outcome of meetings between AIIA and the NSW Department of Commerce (DoC) regarding Procure IT.
AIIA has been actively working with members to assess the development of Procure IT, the NSW Government’s ICT legal framework for government procurements, for more than a year now. Procure IT was introduced in late 2003 to replace GITC2, and AIIA has extensively consulted with the DoC since then to develop a contractual structure that will serve both Government and the ICT industry well into the future.
In early March 2005, the Department of Commerce asked AIIA to provide an industry response to the revised version of Procure IT. AIIA then mobilised member companies by requesting a detailed issue-by-issue analysis as part of an initial data-gathering exercise. This resulted in the identification of some 250 material issues of concern.
On 23 March 2005, AIIA hosted an industry forum of procurement and legal experts from AIIA member companies to jointly discuss and review the issues raised. According to AIIA’s Government Procurement Policy Manager, David Kemp “the industry forum confirmed the major issues for the industry, in particular contractual clauses on limitation of liability, minimum insurance requirements, intellectual property and indemnity third party claims, among others.
“We now have a draft consolidated position on each of the major issues, and have released the analysis to people from AIIA member companies on AIIA’s NSW Government Business Special Interest Group, AIIA’s Legal Forum ,and AIIA Government Business Taskforce for their further comments,” Mr Kemp says.
In the near future, AIIA will meet with the Department of Commerce to discuss all the issues raised by the industry forum. “Wide industry consultation ensures that interested parties have a better understanding of Procure IT contractual issues and the chance to provide their input to resolve a number of key issues,” says Mr Kemp.
“Ultimately, we hope that the process will ensure that the Department can reach broadly consistent contracts with suppliers, as all procurement issues will be known by ICT suppliers and the DoC will have a clear position prior to any contract negotiations. This will ultimately hasten the negotiation process and hence tendering for upcoming NSW ICT contracts.
“The process has also ensured that AIIA can truly represent the industry to Government,” concludes Mr Kemp.
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