Public Procurement and Property
Updates to Model ICT Terms and Conditions
The Public Audit and Post Legislative Committee (PAPLS) made a recommendation in its report Key audit themes: Managing public sector ICT projects that the Scottish Government should ensure that there was enough flexibility built into its terms and conditions to cope with the fast-paced nature of digital transformation.
In response to this recommendation the Director of Scottish Procurement and Property Directorate (SPPD) established a Working Group to review the Model Terms and Conditions for ICT Services (Model Terms) and make these more flexible and better able to be applied to support projects using agile delivery methodologies.
The Working Group was led by the Digital Commercial Service’s Head of Digital Commercial Strategy and included a wide range of internal and external stakeholders including ScotlandIS and a number of IT contractors. The legal aspects of the project were managed and delivered by external legal advisers MacRoberts and the Scottish Government Legal Directorate (SGLD).
The Working Group has now completed its work to review the Model Terms. These have been updated to provide improved flexibility and opportunities for innovation, and facilitate more agile ways of working and better management of risk through an iterative approach to project management and delivery. The Model Terms also include updated provisions and guidance in relation to limiting liability which are designed to be reasonable and proportionate and strike a balance between the Contracting Authority and supplier in terms of the allocation and acceptance of risk.
The Working Group has also created a guidance document for buyers and project leads to accompany the Model Terms.
The updated Model Terms form part of a wider suite of model and standard terms that vary in length and complexity and which can be applied to IT projects. This will help ensure that buyers have access to terms and conditions which are relevant and proportionate to a wide range of project needs, risk profiles and supplier markets.
View the Model Terms which are now available for use. The accompanying guidance document is available to public sector buyers and project leads via the Knowledge Hub (Scottish Procurement: Procurement Information Network).
A series of webinars is also being planned early in February to help inform buyers, project teams and suppliers of the changes to the Model Terms. For more information please email Scottishprocurement@gov.scot
For further information on public procurement in Scotland please visit www.gov.scot/procurement
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