| 10.1 |
The Agency must, in the best interest of the State and timeously, ensure the procurement of information technology goods or services for the repetitive requirements of departments through the conclusion of appropriate transversal term contracts by means of a competitive bidding process. |
| 10.2 |
Either the Agency or a department may submit to the Minister, or an official authorised by him or her, a need for the procurement of information technology goods or services for the repetitive requirements of departments. If the Minister, or an official authorised by him or her, approves the need for such goods or services, the department envisaged in regulation 7.3.1(b) will be the designated department. |
| 10.3 |
Before the advertising of a bid for information technology goods or services for the repetitive requirements of departments, the designated department must, subject to regulation 8.1.3— |
| (a) |
after consultation with the GITO Council, approve the business case and user requirement specifications; and |
| (b) |
approve the final bid documentation. |
| 10.4 |
Before awarding a bid for a transversal term contract for departments, the Agency must conduct standard certification in respect of the relevant goods or services. |
| 10.5 |
Upon the awarding of the relevant bid by the designated department, the Agency must, after consultation with the GITO Council, conclude the necessary transversal term contracts with the successful bidder or bidders. |
| 10.6 |
The transversal term contract, referred to in this regulation, may be in the form of— |
| (a) |
a transversal framing term contract which provides for the supply of information technology goods or services or both by means of quotes;8
|
| (b) |
a transversal services’ term contract which provides for the supply of information technology services at the contracted prices; or |
| (c) |
a transversal goods’ term contract which provides for the supply of information technology goods at the contracted prices. |
| 10.7 |
A transversal framing term contract, transversal services’ term contract or transversal goods’ term contract may be— |
| (a) |
a multiple suppliers’ contract which provides for a choice of the relevant goods or services or both from more than one supplier; or |
| (b) |
a single supplier contract which provides for a choice of the relevant goods or services or both from a single supplier. |
| 10.8 |
During the validity of a transversal term contract— |
| (a) |
a department or public body may not request a bid for the goods or services that are the subject matter of that contract; |
| (b) |
a department may procure such goods or services only from the relevant supplier or suppliers under that contract; and |
| (c) |
a public body may, if it decides to procure such goods or services through the Agency, pracure them only from the relevant supplier or suppliers under that contract. |
| 10.9 |
The Agency must designate a person or unit of the Agency to be the single point of contractual and technical responsibility for each transversal term contract. |
| 10.10 |
The following applies to procurement from a transversal framing term contract: |
| (a) |
The Agency must make available a value proposal for the transversal framing term contract to every prospective department or public body; |
| (b) |
a department or public body may engage directly with prospective suppliers based on a user requirement specification approved by the relevant department or public body; |
| (c) |
suppliers must submit quotes based on the user requirement specification; |
| (d) |
the department or public body selects the specific supplier; |
| (e) |
the department or public body directly places the order with the selected supplier and furnish a copy of the order to the relevant contract manager of the Agency; |
| (f) |
the department or public body must make payment in respect of the order directly to the supplier; and |
| (g) |
if the transversal framing term contract requires a specific formal agreement, such agreement must be concluded between the department or public body and the supplier. The department or public body may request the Agency to assist with the management of such agreement. |
| 10.11 |
The following applies to procurement from a transversal services’ term contract or a transversal goods’ term contract: |
| (a) |
The Agency must make available a value proposal for the transversal goods’ or services’ term contract to every prospective department or public body; |
| (b) |
a department or public body must place an order directly with the supplier and furnish a copy of the order to the relevant contract manager of the Agency; and |
| (c) |
the department or public body must make payment in respect of the order directly to the supplier. |
| 10.12 |
The Agency must maintain a database on its website of all the existing transversal term contracts, which must include at least the following: |
| (b) |
the contract title and a short description; |
| (d) |
the names and contact details of the contract managers of the suppliers; |
| (e) |
the price lists of goods and services, if applicable, and the last date when updated; and |
| (f) |
the names and contact details of the Agency’s contract manager for the transversal term contract. |
| 10.13 |
When any change to the information referred to in regulation 10.12 occurs, the Agency must immediately update its website. |
_______________________________________
| 8 |
Based on the user requirement specification a department can procure a product with the accompanying services to operationalise the product e.g. where a department may solicit quotations from a number of suppliers of record management software but the quote will be dependent on the number of licences required, the customisation required to meet the needs of the department, the training to be provided to the department and the continued support to the department after acceptance and the regular update of the software. |
Debt Collectors Act, 1998
