OCA's Comments on Version 2.3 of the Model ICT Agreement

The OCA applauds the work that has gone into Version 2.3 of the UK Office of Government Commerce's Model ICT Agreement. However, further to its White Paper on OGC contract terms, there are a number of places, where OCA is seeking changes to the position. These are the subject of comments recently submitted by the OCA to the OGC.

OCA's comments on version 2.3 of the Model ICT Agreement include the following:

1)        Deemed due diligence should be described as bad practice.

2)        Implementation Planning and delivery require both parties to collaborate.

3)        Services definition and the issues of technology change, the obligation to competitively tender when there is a new requirement, and avoid technology lock in: OCA considers that interoperability should be a mandatory requirement in tenders to ensure both forward and backward compatibility between different generations of technology and thereby to ensure technology neutrality, avoid technology dependency and facilitate applications being provided over many different technology platforms.

4)        Scope of service is interrelated with the reliability of, (and liability arising from) the technical solution. In the event of anticipated high failure rates or risk levels likely to run at high level for a given solution, the scope of service, specification and baseline technical solution may need to be re-examined.

5)        Financial distress: the withholding of payment or termination rights may push the supplier into insolvency, are counter-productive, and should be deleted.

6)        Bid costs: OCA believes in a level playing field and consideration should be given to bid costs being borne by the Authority from a particular point of the down-selection. This would be fairer to all concerned and reinforce the importance of making a speedy decision in the final stages of the procedure.

7)        Deviation from the Model Agreement: OCA wishes to discuss with OGC the prospect of including an escalation process where unreasonable deviation from, or alteration of OGC standards are required by government departments.

8)        Miscellaneous comments on the agreement and schedules

Download the full paper here.