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State Information Technology Agency Act, 1998 (Act No. 88 of 1998)

Regulations

General Regulations

Part 1: Interpretation

1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the State information Technology Agency Act, 1998 (Act No. 88 of 1998), as amended, bears that meaning1 and, unless the context otherwise indicates—

 

“accounting authority”,

in relation to a department or public body, means the relevant person or body having financial accountability in accordance with the relevant legislation;

 

“bid”

means a written offer for a contract in a prescribed or stipulated form submitted in response to an invitation for the provision of services or goods;

 

“business agreement”

means a business agreement contemplated in section 20(1) of the Act;

 

“business case”

means a plan to evaluate the benefits that will or are envisaged to result from the acquisition of the relevant information technology2 goods or services;

 

“designated department”

means a department which is the designated department in terms of regulation 7.3.1 ;

 

“designated official”,

in relation to a designated department or a designated public body, means the official designated in terms of regulation 7.3.4;

 

“designated public body”

means a public body which is the designated public body in terms of regulation 7.3.1;

 

“GITO Council”

means the Government Information Technology Officer Council, the establishment of which was approved by the Cabinet on 4 August 2000 to serve as the recommending and advisory body to the Minister in matters relating to effective and efficient information technology and information management in the public service;

 

“mandatory service”

means any goods or service envisaged in section 7(1)(a) of the Act;

 

“optional service”

means any goods or service envisaged in section 7(1)(b) of the Act;

 

“Preferential Procurement Policy Framework Act”

means the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000);

 

“Public Finance Management Act”

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

“service level agreement”

means a service level agreement referred to in section 20(2) of the Act;

 

“standard certification”

means certification in terms of section 7(6)(b) of the Act for compliance with the standards set by the Agency in terms of section 7(6)(a) of the Act;

 

“the Act”

means the State Information Technology Agency Act, 1998 (Act No. 88 of 1998), as amended by the State Information Technology Agency Amendment Act, 2002 (Act No. 38 of 2002);

 

“transversal term contract”

means a contract with one or more

suppliers for the supply of information technology goods or services over a period, required by more than one department or public body according to approved user requirement specifications, with overall pricing of goods being firm, unless otherwise provided for in the contract;

 

“value proposal”

means a forecast of the cost of the information technology goods or services for the department or public body for the following 36 months based on the current position taking cognisance of the current rates and possible increases in rates and a description of other qualitative and quantitative benefits of the goods or services in question.

 

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1 The first time a word or expression defined in the Act is used in these Regulations, the definition in the Act is included in a footnote.
2 The term “information technology“ is defined in section 1 of the Act as “all aspects of technology which are used to manage and support the efficient gathering, processing, storing and dissemination of information as a strategic resource