Common use of ICT Clause in Contracts

ICT. 9.1 In recognition of the Executive’s obligations under relevant circulars issued by the Department of Finance and/or the Department of Public Expenditure, NDP Delivery and Reform, the Provider shall obtain prior sanction from the Executive for all of its ICT spend which is not Business as Usual (“BAU”) spend. The Provider shall obtain formal written approval from the Executive’s Technology and Transformation function in advance of procurement competitions being initiated for all ICT spend which is not BAU spend. The Provider shall not enter into procurement commitments in respect of any ICT spend which is not BAU spend unless and until the proposed expenditure has been approved by the Executive’s Technology and Transformation function. DPER Circular 14/2021 on “Arrangements for Oversight of Digital and ICT related Initiatives in the Civil and Public Service” shall apply in this regard, including with regard to any minimum threshold requiring such prior sanction and the term BAU. 9.2 The Provider will engage and co-operate with the Executive with regard to ICT National Solutions and will implement and use any ICT National Solution which is made available to the Provider by the Executive from time to time for the purpose of or in connection with this Arrangement (including with regard to applicable Shared Services). The purpose of provision of any ICT National Solution by the Executive is to effect implementation of national policy to support integration across the publicly funded health and social care sector in order to drive efficiency, standardisation, consolidation, reduction in duplication and cost control and, subject to the Executive’s statutory responsibilities and obligations with respect to the relationship of the Executive and the Provider and having regard to the Executive’s responsibilities in relation to public funds and the provisions of this Arrangement, is without prejudice to the independent identity and operational autonomy of the Provider. The following apply: (a) Without prejudice to Clause 30, each of the Parties shall comply with Data Protection Laws in its use of the ICT National Solution and with applicable Terms (as defined at Clause 30.1) in respect of each such ICT National Solution. (b) Nothing arising from the implementation of any ICT National Solution (including the provision of a Shared Service) shall alter the nature of employment relations as stated at Clause 17 of this Arrangement (including Clause 17.13). (c) The Provider hereby acknowledges that the ICT National Solutions are provided as part of national policy to support integration across the publicly funded health and social care sector in order to drive efficiency, standardisation, consolidation, reduction in duplication and control cost to the mutual benefit of the Executive and Provider and that the ICT capital cost of implementation of the ICT National Solutions is borne by the Executive and, accordingly, agrees to consult, co-operate and collaborate with the Executive in good faith with regard to all matters arising in connection with ICT National Solutions, including endeavouring to avoid disputes, and to deal with issues as they arise through direct engagement between the Parties.

ICT. 9.1 In recognition of the Executive’s obligations under relevant circulars issued by the Department of Finance and/or the Department of Public Expenditure, NDP Delivery and Reform, the Provider shall obtain prior sanction from the Executive for all of its ICT spend which is not non Business as Usual (“BAU”) ICT spend. The Provider shall obtain formal written approval from the Executive’s Technology and Transformation function in advance of procurement competitions being initiated for all non BAU ICT spend which is not BAU spend. The Provider shall not enter into procurement commitments in respect of any non BAU ICT spend which is not BAU spend unless and until the proposed expenditure has been approved by the Executive’s Technology and Transformation function. DPER Circular 14/2021 on “Arrangements for Oversight of Digital and ICT related Initiatives in the Civil and Public Service” shall apply in this regard, including with regard to any minimum threshold requiring such prior sanction and the term BAU. 9.2 The Provider will engage and co-operate with the Executive with regard to ICT National Solutions and will implement and use any ICT National Solution which is made available to the Provider by the Executive from time to time for the purpose of or in connection with this Arrangement (including with regard to applicable Shared Services). The purpose of provision of any ICT National Solution by the Executive is to effect implementation of national policy to support integration across the publicly funded health and social care sector in order to drive efficiency, standardisation, consolidation, reduction in duplication and cost control and, subject to the Executive’s statutory responsibilities and obligations with respect to the relationship of the Executive and the Provider and having regard to the Executive’s responsibilities in relation to public funds and the provisions of this Arrangement, is without prejudice to the independent identity and operational autonomy of the Provider. The following apply: (a) Without prejudice to Clause 30, each of the Parties shall comply with Data Protection Laws in its use of the ICT National Solution and with applicable Terms (as defined at Clause 30.1) in respect of each such ICT National Solution. (b) Nothing arising from the implementation of any ICT National Solution (including the provision of a Shared Service) shall alter the nature of employment relations as stated at Clause 17 of this Arrangement (including Clause 17.13). (c) The Provider hereby acknowledges that the ICT National Solutions are provided as part of national policy to support integration across the publicly funded health and social care sector in order to drive efficiency, standardisation, consolidation, reduction in duplication and control cost to the mutual benefit of the Executive and Provider and that the ICT capital cost of implementation of the ICT National Solutions is borne by the Executive and, accordingly, agrees to consult, co-operate and collaborate with the Executive in good faith with regard to all matters arising in connection with ICT National Solutions, including endeavouring to avoid disputes, and to deal with issues as they arise through direct engagement between the Parties.