Case Study: Department of Agriculture's ICT Strategic Sourcing Program

17 Jun 2024

The background

We are the legal adviser on the Department of Agriculture, Fisheries and Forestry's ICT Strategic Sourcing Program. The Program spans multiple procurement processes which are being undertaken in a phased approach over a two-year period. The Program focusses on strengthening and modernising the Department's digital and ICT capabilities, and aligning disparate delivery models and duplicated commercial arrangements for the delivery of core ICT services.

Our services

In the initial phases of the Program, we provided strategic advice on the negotiation and finalisation of a number of variations to the Department's existing ICT arrangements, including with respect to disengagement and transition risks. We also prepared and negotiated multiple MOUs for the Department to deliver ICT services on the basis of a shared services model with the Department of Climate Change, Energy, the Environment and Water.

For each procurement process to date, we have advised on the development of approach to market documentation, including a bespoke contract that provides for a highly collaborative partnering approach to delivery of the services by multiple service providers (and the Department itself) within the Department's environment. We have also advised on legal compliance issues and performed the lead role in the legal negotiations.

Our work has required us to provide strategic legal input into the development and negotiation of contractual documents for a sourcing model that is focussed on strong collaboration, flexibility and scalability across multiple vendors. We are an embedded part of the Program team and hold roles on the governance committees established to manage this major program of ICT work.

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Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.