1. Richard
Best
Public
Sector
ICT
Procurement
June
2013

2. PUBLIC SECTOR ICT PROCUREMENT
34 POINTers to help you SERVE and market To CLIENts

3. SWITCHED / HELP YOU
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
STORY / GOAL
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

4. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

5. SWITCHED / HELP YOU
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
STORY / GOAL
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

6. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – BESTIE’S 40 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

7. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – BESTIE’S 40 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

8. A TALK IN 8 PARTS
No.
Subject
1
Policy, law and audit Understanding the operating environment
2
The supply market Getting in amongst it
3
Technology Having at least a general understanding of relevant technologies
4
Pre-market engagement Approaching the market before an actual procurement
5
Government ICT procurement models Being across the various approaches
6
Government ICT contracts Understanding what’s different about them
7
Government Rules of Sourcing Helping you to come up to speed with the changes
8
Keeping up to date Subscribing to key information sources

9. Some house-keeping
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
But first...
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

10. Not speaking on
behalf of any client
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
DISCLAIMER
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

11. TWEET ALL YOU LIKE
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
TWEET AND BE DAMNED
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

12. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

13. CREATIVE COMMONS
CC-BY licensed
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
ALL TEXTUAL CONTENT in slides
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
Creative Commons Attribution 3.0 New Zealand licence: http://creativecommons.org/licenses/by/3.0/nz/deed.en_US
(If attribution is a hassle, just don’t worry about it. Really.)

14. Some thanks
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
And...
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

15. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
Ann Aspey | Robert Buchanan | David Clarke | Graeme Crombie | Kate
Cruickshank | Gordon Davis | John Elwood | Gary Forrester | Genevieve
Hancock | Mark Hargreaves | Kate Hutchinson | Ross Johnston | Quentin
Lowcay | Corin Maberly | Andrew Matangi | Blaine McLachlan | Chloe
McLoughlin | Jane Meares | Steve Nightingale | Dean Oppenhuis | Paul
Radich | Stephen Revill | Fran Rigby | Stephen Rogers | Amy Ryburn | Jeremy
Salmond | David Shanks | Geoff Sharp | Damien Steel-Baker | Ken Stephen |
Stuart van Rij | Kym Thomas | Karl Vincent | Michael Wigley | + all the great
internal clients (project and programme managers, supply and vendor
managers, web pros, security bods and other SMEs) from whom I've learned
about all manner of technologies as well as public and business processes

16. POLICY, LAW AND AUDIT
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
Part 1
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

17. READ SOME HISTORY
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #1
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

18. SOME history...
E-GOVERNMENT VISION AND STRATEGY
2000-2001: Government’s “first strategic
vision for Information and Communications
Technology in the public sector”.
LEAD DEPARTMENT
State Services Commission
Description
The Strategy enshrined an “all-of-
government approach to transforming how
agencies use technology to deliver
services, provide information, and interact
with people, as they work to achieve the
outcomes sought by government”.

19. SOME history...
E-govt STRATEGY outputs relevant
to ict procurement
E-govt programme produced a number of
relevant and enduring outputs.
LEAD DEPARTMENTs
State Services Commission and later
Department of Internal Affairs
Description
Open Source guidance; New Zealand
Government Web Standards; Government
Use of Offshore ICT Service Providers:
Risk Management Advice; Guidelines for
the Treatment of IP Rights in ICT
Contracts; NZGOAL

20. SOME history...
E-govt STRATEGY outputs relevant
to ict procurement
E-govt programme produced a number of
relevant and enduring outputs.
LEAD DEPARTMENTs
State Services Commission and later
Department of Internal Affairs
Description
Open Source guidance; New Zealand
Government Web Standards; Government
Use of Offshore ICT Service Providers:
Risk Management Advice; Guidelines for
the Treatment of IP Rights in ICT
Contracts; NZGOAL

21. SOME history...
E-govt STRATEGY outputs relevant
to ict procurement
E-govt programme produced a number of
relevant and enduring outputs.
LEAD DEPARTMENTs
State Services Commission and later
Department of Internal Affairs
Description
Open Source guidance; New Zealand
Government Web Standards; Government
Use of Offshore ICT Service Providers:
Risk Management Advice; Guidelines for
the Treatment of IP Rights in ICT
Contracts; NZGOAL

22. SOME history...
E-govt STRATEGY outputs relevant
to ict procurement
E-govt programme produced a number of
relevant and enduring outputs.
LEAD DEPARTMENTs
State Services Commission and later
Department of Internal Affairs
Description
Open Source guidance; New Zealand
Government Web Standards; Government
Use of Offshore ICT Service Providers:
Risk Management Advice; Guidelines for
the Treatment of IP Rights in ICT
Contracts; NZGOAL

23. SOME history...
E-govt STRATEGY outputs relevant
to ict procurement
E-govt programme produced a number of
relevant and enduring outputs.
LEAD DEPARTMENTs
State Services Commission and later
Department of Internal Affairs
Description
Open Source guidance; New Zealand
Government Web Standards; Government
Use of Offshore ICT Service Providers:
Risk Management Advice; Guidelines for
the Treatment of IP Rights in ICT
Contracts; NZGOAL

24. SOME history...
Transformation of e-govt unit
2007-2009: Following a review in 2007, in
2008 SSC’s ICT Branch split into policy
and operational units.
Description
The policy function – ICT Leadership –
remained (for a while) with SSC. The
operational function – Government
Technology Services – transferred to DIA
in mid-2009 and merged with its then ICT
Branch.

25. ABSORB CURRENT GOVT
POLICY AND DIRECTION
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #2
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

26. GET THE DIRECTIONS
AND PRIORITIES
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #3
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

27. THE ‘Ds and ps’...
DIRECTIONS & PRIORITIES FOR GOVT ICT
October 2010. Government adopts a set of
directions and priorities for ICT investment
across the State Services, replacing the e-
Government Strategy as updated in 2006.
LEAD DEPARTMENTS
SSC and DIA
THE DIRECTIONS
(1) Provide clear leadership and direction;
(2) support open and transparent
government; (3) improve integrated service
delivery; (4) strengthen cross-government
business capability; (5) improve
operational ICT management

28. ROADMAP
GOVT COMMON CAPABILITIES ROADMAP
Cabinet directed DIA to lead a programme
to create a Common Capability ICT
Roadmap as a basis for agency ICT
planning and implementation
Description
Roadmap provides a broad outline of
common capabilities that will deliver the
outcomes of Directions and Priorities for
Government ICT. It sets out common
capabilities that are available today, are in
development, as well as concepts for the
future. They have been developed
collaboratively by government agencies.
See roadmap.ict.govt.nz

29. UNDERSTAND BPS AND
FUNCTIONAL LEADERSHIP
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #4
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

30. RESULT AREAS 9 AND 10
THE RESULT AREAS
March 2012. PM announced better public
services initiative and, among other things,
set 10 results for public sector to achieve
over next 3 to 5 years. Two relevant to ICT:
RESULT AREA 9
“New Zealand businesses have a one-stop
online shop for all government advice and
support they need to run and grow their
business.”
RESULT AREA 10
“New Zealanders can complete their
transactions with the Government easily in a
digital environment.”

31. FUNCTIONAL LEADERSHIP
MBIE:
Procurement
Functional
Leader
DIA:
Functional
Leader of
Govt ICT
BPS reforms also entail a focus on better system leadership. In May 2012 Cabinet agreed that
the State Services Commissioner be responsible for functional leadership: “leadership aimed at
securing economies or efficiencies across departments, improving services or service delivery,
developing expertise and capability across the Public Service, and ensuring business
continuity”. It also agreed that the Commissioner may delegate this responsibility by appointing
functional leaders within the Public Service.

32. SPOT THE 2C TRENDS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #5
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

33. CENTRALISATION
COLLABORATION
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

34. TO ILLUSTRATE, IMAGINE A
NEW CROWN ENTITY
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
It needs computers, printers, mobile phones, computing infrastructure services, telco services
(e.g., WAN and Internet links), office productivity software licences, independent security audit
and code review of a new online service, authentication and identity verification capability for
that new online service, a new corporate website as well as graphic design and front-end
development for that website, a secure email solution and a collaborative online workspace.

35. NO OPEN ADVERTISING req’d
Goods and services required
Available contract
Computers, MFD printers and mobile phones
AOG contracts
Telco services (e.g., WAN and Internet links)
One.govt syndicated contract
Office productivity software licences
G2012 Microsoft licensing framework
and Microsoft LAR syndicated panel
Independent code review + security audit
Forthcoming common capability security
services panel
Authentication and identity verification capability
RealMe/igovt
New corporate website
Common web platform syndicated
contract
Graphic design + front end web development
Web professional services syndicated
panel
Secure email solution
SEEMail
Collaborative online workspace
Shared workspace platform

36. GRASP THE ROLE OF
MANDATES
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #6
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

37. MANDATES...
No.
Subject
1
Cabinet direction re adoption of the e-Government Interoperability Framework (e-
GIF) 2002 [CAB Min (02) 18/2C]
2
Cabinet direction re departmental compliance with the Web Standards 2003 [CAB
Min (03) 41/2B]
3
Cabinet direction to departments re use of igovt services 2008 [CAB Min (08)38/2A]
4
Whole of government direction to Crown agents re use of igovt services 2008 [New
Zealand Gazette Notice No. 6913,18 September 2008]
5
Cabinet direction to public service departments to “use cross-government ICT
products and services to meet relevant business needs when they are available,
unless there is a compelling business reason not to” 2010 [CAB Min 10 (35/5A)]
6
Cabinet direction to departments, subject to an opt out process, to adopt existing
ICT common capabilities July 2012 [CAB Min (12) 23/12]

38. A couple of other things...
No.
Subject
7
Cabinet statement that, until an all-of-government approach to cloud computing is
implemented, State Services agencies should obtain guidance from DIA before
making decisions to adopt cloud based services August 2012 [CAB Min (12) 29/8A]
8
Cabinet authorisation for GCIO and Head of State Services to specify jointly when
it will be mandatory for departments to adopt new common capabilities, subject to
a specific opt-out process October 2012 [CAB Min (12) 35/4C]

39. GET READY FOR 107
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #7
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

40. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
Likely to be made more flexible by amendments proposed in the State Sector
and Public Finance Reform Bill currently before the House.

41. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
“GCIO expects to request that this authority [whole of government
direction by Minister of Finance and Minister of State Services] be
exercised to direct Crown entities to adopt common capabilities.”
Paper to Cabinet Committee on State Sector Reform and Expenditure Control, 19
September 2012 [SEC (12) 81]

42. THINK PRIVACY AND
SECURITY
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #8
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

43. BE ACROSS INFORMATION
LAW AND POLICY
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #9
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

44. Know the pfa
indemnity provisions
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #10
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

45. LEARN FROM OTHERS &
ask for help
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #11
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

46. WATCH OUT FOR THE
GOVT ICT STRATEGY
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #12
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

47. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

48. THE SUPPLY MARKET
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
Part 2
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

49. Listen to the market
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #13
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

50. GO TO A
MARKET BRIEFING
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #14
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

51. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

52. UNDERSTAND THE
PATRIOT ACT AND FISA
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #15
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

53. TECHNOLOGY
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
Part 3
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

54. LEARN THE LINGO;
understand the tech
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #16
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

55. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

56. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

57. GET YOUR HEAD
IN THE CLOUD
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #17
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

58. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

59. OBSERVE IAAS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #18
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

60. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
RFPs by a number of agencies are expressing a
preference for, or requiring the use of, IAAS for a system
or service's computing infrastructure requirements
For us lawyers and commercial advisers, this requires
some changes to standard RFP and contractual
approaches
"Telecom to buy Revera for $96.5m" (Computerworld, 29
April 2013)

61. PRE-MARKET
ENGAGEMENT
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
Part 4
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

62. ‘PRE-ACTUAL-PROCURING-FROM-
THE-MARKET-ENGAGEMENT’
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

63. TAKE A MACRO VIEW
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #19
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

64. ASSESS PROCESS RISK
AND PROJECT RISK
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #20
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

65. PUT YOUR NECK OUT
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #21
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

66. Govt ict procurement
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
SECTION 5
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

67. UNDERSTAND THE
RANGE OF APPROACHES
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #22
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

68. COMPARE THE
COLLABORATIVE MODELS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #23
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

69. EXPECT FRONT
PAGE NEWS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #24
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

70. CAUTION CLIENTS
ON TWITTER
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #25
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

71. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)
“Respondents must not make any public statements to
any third party in relation to any aspect of this RFP
process or the awarding of any contract without the
permission of [tendering agency].”

72. Think about probity
confirmations & plans
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #26
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

73. COMPLY WITH PROCESS &
CONTENT INSTRUCTIONS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #27
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

74. DON’T TAKE
UNNECESSARY POINTS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #28
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

75. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

76. Govt ict CONTRACTS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
Part 6
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

77. DON’T USE BOG STANDARD
SERVICES TEMPLATES
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #29
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

78. RECOGNISE PUBLIC
SECTOR NEEDS
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #30
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

79. GET BEHIND AN ICT
TEMPLATES PROJECT
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #31
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

80. GOVERNMENT RULES
OF SOURCING
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
PART 7
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

81. OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

82. READ THE RULES. AGAIN.
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #32
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

83. UNDERSTAND & help
clients with CHANGES
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #33
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

84. THE CHANGES...
No.
Title
1
Training on 5 Principles Rule 2(a) "
Agency staff must be trained in the five Principles of procurement
2
Crown Entities: Gear up Statements in public Cabinet paper"
Rules may become binding under a s 107 Crown Entities Act whole of govt direction
3
Exemption to advertising – information requirements Rule 15(4)-(7)"
Info requirements for reliance on exemption to open advertising more prescriptive
4
Change to ‘previous tender’ exemption (no compliant responses) Rule 15(9)(b)"
Exemption now only available where open advertisement was in the last 12 months
5
Change to ‘only one supplier’ exemption to open advertising Rule 15(9)(c)"
More realistic wording: “for technical reasons there is no real competition” + IT examples
6
“Additional goods or services” exemption now legible Rule 15(9)(d)"
Clearer and gives example of “an enhancement or change to an integrated IT system”
7
New “unsolicited unique proposal” exemption to open advertising Rule 15(9)(j)"
Unique VFM proposals, aligned with govt objectives, for goods/services not readily
available in market. See also MBIE guide on “Unsolicited Unique Proposals”

85. THE CHANGES...
No.
Title
8
Strategic Procurement Outlooks (SPOs) Rule 16 "
Agencies to submit a Strategic Procurement Outlook (SPO) to MBIE for publication
9
Extended Procurement Forecasts (EPFs) Rule 18"
Agencies to submit EPFs to MBIE to assist with cross-government planning
10
Significant business cases (SBCs) Rule 19"
Agencies to submit SBCs to MBIE for review ($5M+ or complexity/risk or cross-govt)
11
Time, time, time – range of new time rules Rules 26-31"
Key point: agencies should prepare to allow suppliers more time to respond
12
Changes to RFX templates Given, e.g., Rule 35 (Content of Notice of Procurement)"
Changes to standard templates likely required, e.g., relative importance of eval criteria
13
Responding to queries – expectation to extend response deadline Rule 37"
If agency unable to reply promptly, it should consider extending deadline for responses
14
Provision of additional information to suppliers after short-listing Rule 38"
Additional information may be made available to shortlisted suppliers after shortlisting

86. THE CHANGES...
No.
Title
15
Treatment of responses – two new sub-rules reflecting good practice Rule 40"
Re agency-caused late responses and supplier correction of unintentional errors
16
New express reasons to exclude suppliers from participation Rule 41"
Reasons include previous serious performance issues, threat to national security
17
New rule on e-auctions Rule 42"
Allows e-auction after initial evaluation of proposals and specifies process rules
18
Awarding the contract – abnormally low bids Rule 43"
New provision re agency verification of bid with price substantially lower than others
19
Open-ended panels now expressly permitted Rule 54"
Partly new panel supply rules: more process requirements but also more flexible
20
Collaborative contracts Rules 55-57"
AoG contracts, syndicated contracts + new category of common capability contracts
21
Approved government model templates (A-GMTs) Rule 59"
Agencies must operationalise A-GMTs in their procurement activities

87. Just one more...
No.
Title
22
Intellectual property intentions to be set out in Notice of Procurement Rule 61"
Where procurement may involve creation of new IP, Notice of Procurement should set
out agency intentions regarding ownership, licensing and future commercialisation

88. KEEPing UP TO DATE
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
PART 8
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

89. Check / Subscribe to
relevant sources
OFFICIAL PRESENTATION:
“PUBLIC SECTOR ICT PROCUREMENT – 34 POINTERS”
POINT #34
NEW ZEALAND LAW SOCIETY – TECHNOLOGY LAW CONFERENCE
20 june 2013 (auckland) – 21 june 2013 (wellington)

90. Like ...
No.
Source
1
GCIO updates at ict.govt.nz/gcio/gcio-news"
Re agency-caused late responses and supplier correction of unintentional errors
2
Better public services Cab papers + minutes at www.ssc.govt.nz/bps-cab-papers-minutes
3
MBIE’s GPRP Noticeboard at www.business.govt.nz/procurement/procurement-reform/
noticeboard
4
Relevant OAG reports and Ministerial inquiries For example, oag.govt.nz/reports/
information-technology and inquiry.novopay.govt.nz/sites/inquiry.novopay.govt.nz/files/
MIN130501-Inquiry-Report-web.pdf
5
Government Electronic Tenders Service at www.gets.govt.nz
6
AusTender at www.tenders.gov.au/