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Final Report of the ICT SME Joint Industry Government Working Party - 5
At the suggestion of the Working Party, an ‘ICT SME buying guide’ for Australian Government is currently being prepared by DOFA and DCITA. The purpose of the buying guide is to assist agencies in complying with the Government’s policies (e.g. the CPGs and ESA) associated with the procurement of ICT. There will be a particular focus on making the Government ICT market accessible to SMEs and encouraging purchasing officers to give consideration to SMEs in their purchasing decisions.
The buying guide, directed at purchasing officers, will supplement the selling guide (see above), directed at vendors, as well as the Australian Government Information Management Office (AGIMO) Guide to ICT Sourcing for Australian Government Agencies. The buying guide is planned to be launched in the second half of 2005.
2.7 Government Information Technology and Communications (GITC) framework
The GITC provides a standard contracting framework used in government ICT purchasing. The
Working Party discussed a number of issues (e.g. insurance requirements, performance guarantees and financial undertakings and unlimited liability) in relation to the framework with DOFA officers. DOFA is undertaking a user analysis of GITC before reviewing it, with a further GITC version planned to be available by July 2005.
2.8 Intellectual Property (IP) in Government contracts
The Australian Government’s February 2001 IT IP Guidelines encourage Government agencies to take a flexible approach to ownership and use of IP. However, the Working Party noted ICT industry concerns that many agencies do not use this flexibility and that, in practice, IP rights tend to be retained by the Government and commercialisation opportunities may be lost. In discussions on this issue, the Working Party considered that greater use of the flexibility encouraged by the IT IP Guidelines could provide substantial benefits to both agencies and vendors. For example, allowing suppliers to retain IP developed as a consequence of ICT procurement contracts rather than vesting the IP with Government agencies procuring the IP, can enable suppliers to capitalise on the IP. This will provide opportunities to benefit from greater value for money in procurement, as well as in ongoing contractual arrangement for maintenance and upgrading of software.
In response to recommendations contained in the Australian National Audit Office report on management of IP by Australian Government agencies, the Attorney-General’s Department is working with DCITA, IP Australia and other relevant agencies to develop a whole-of-government approach to IP management. A review of the IT IP Guidelines is being undertaken in the context of this work. The Working Party notes the Government’s election commitments to ensure that revised IT IP Guidelines and revised GITC framework clearly articulate to agencies the importance of consideration of the option of the supplier retaining ownership in IP.