| 5.1.1 |
All departments in a province may enter into a single business agreement with the Agency, provided that it is co-signed by the head of every such department or an employee duly authorised by such head. |
| 5.1.2 |
A department or public body may include terms additional to, but not contradictory with, the mandatory clauses of the business agreement, referred to in regulation 5.2, to provide for its specific requirements. |
| 5.1.3 |
All services that a department or a public body acquires from the Agency must be listed in an appendix to the business agreement. |
| 5.2 |
MANDATORY CLAUSES OF BUSINESS AGREEMENT 12
|
A business agreement must provide—
| (a) |
that, before the conclusion of any service level agreement, the Agency must submit to the department or public body in respect of every service, a value proposal containing— |
| (i) |
a detailed service specification for the department or public body to use for assessing value for money; |
| (ii) |
the current cost of rendering the service; and |
| (iii) |
a forecast of what the service will cost for such period as the parties agree, but not less than 36 months (if applicable); |
| (b) |
that the cost for the physical relocation of assets transferred to the Agency is for the account of the Agency; |
| (c) |
that any change to the Act or any other legislation that may materially affect the business agreement entitles any party to the agreement to request the re-negotiation thereof; |
| (d) |
for the generic detail that is required on each invoice, the supplementary information to be submitted with each invoice and the period for submitting invoices; |
| (e) |
that, if a department or public body disputes the correctness of the invoices, the Agency must prove the correctness of the invoice; |
| (f) |
for the due date for payment and that a department or public body may not withhold payment for particular mandatory or optional service if in disagreement with the Agency on any issue not related to the particular service; |
| (g) |
that, if a department or public body is not satisfied with a service provided by the Agency, the department or public body may refer the matter for dispute resolution as contemplated in paragraph (i); |
| (h) |
that the supporting service level agreement must— |
| (i) |
contain the metrics applicable to the particular service; |
| (ii) |
contain as an appendix a detailed user requirement specification of the relevant mandatory or optional service, compiled in conjunction with the department or public body, to benchmark the value added by the Agency; |
| (iii) |
specify the areas targeted for cost reduction and for service improvement for the specific year under consideration and, in respect of the areas so targeted, contain milestones related to the achievement of the targets; |
| (iv) |
contain information technology service management best practice; 13
|
| (v) |
be aligned with the disaster recovery strategy and business continuity plan and procedures, referred to in regulation 4.1.2; |
| (vi) |
be annually reviewed; |
| (i) |
for the kind of breaches that will entitle the Agency or the department or public body to terminate the business and associated service level agreement and the procedure for such termination; |
| (j) |
for the dispute resolution procedure as set out in regulation 6. |
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| 11 |
See section 20 of the Act. |
| 12 |
See section 20(1)(c), read with section 23(1)(b)(i), of the Act. |
|
13 |
See for example Information Technology International Library (ITIL) and British Standard (BS) 15000. |
Debt Collectors Act, 1998
