conditions such as the requirement to seek at least a minimum number of quotes may still apply. NOTE: Purchases for requirements listed under Schedule 2 are exempt from VGPB policy. However, documentation that satisfies internal audit requirements of appropriate process applies. ICT Software Intellectual Property default position with regard to intellectual property (IP) for software created under contract allocates Government’s ownership of the IP to the software developers rather than the Victorian Government. In exceptional circumstances, entities may need to own IP software created for it by software developers. Grounds that may establish exceptional circumstances may include but are not limited to: security; where statutes, regulations or prior obligations to a third party or parties preclude ownership by the contractor; and where exclusive use of the developed software by the government party is necessary. Process for Seeking Approval to Depart from the ICT Software Intellectual Property Default Position (Exemption) In seeking approval to depart from the default position, documentation must be provided which sets out the grounds establishing exceptional circumstances to justify a proposed departure. KEY REQUIREMENTS: Responsibility for Granting Exemptions Where an exemption form (or equivalent) is required, responsibility for granting the exemption rests with the AO/delegate/financial delegate (whichever is specified by internal process). The AO is responsible for approving an exemption (movement from the default position) from the ICT Software ownership default position. Subject to the agreement by the AO, approval of exemptions less than the public tender threshold may be delegated to persons with the appropriate financial delegation. Exemptions should be approved prior to process approval and supplier engagement. Granting of an exemption does not preclude obtaining process approval for all matters listed under Schedule 1 or other factors not listed that are relevant to the proposed procurement. The approved exemption form should be included along with any relevant documentation associated with process approval. Financial Approval All purchases establishing a contractual arrangement require financial approval provided by a person with the applicable financial delegation. Definitions Accountable Officer The head of any given department or, for a public body, the Chief Executive Officer (whatever their title) of that body. Covered entity Departments and administrative offices bound by Victorian Government Purchasing Board (VGPB) policy Exemption Form A form that can be used to seek an exemption. A sample form is hyperlinked to this policy. Open Tendering A one stage process which involves the release of a Request for Tender (RFT) to the open market for purchases over $150 000 or under where the entity considers this approach as appropriate. Selective Tendering
conditions such as the requirement to seek at least a minimum number of quotes may still apply. NOTE: Purchases for requirements listed under Schedule 2 are exempt from VGPB policy. However, documentation that satisfies internal audit requirements of appropriate process applies. ICT Software Intellectual Property Government’s default position with regard to intellectual property (IP) for software created under contract allocates ownership of the IP to the software developers rather than the Victorian Government. In exceptional circumstances, entities may need to own IP software created for it by software developers. Grounds that may establish exceptional circumstances may include but are not limited to: security; where statutes, regulations or prior obligations to a third party or parties preclude ownership by the contractor; and where exclusive use of the developed software by the government party is necessary. Process for Seeking Approval to Depart from the ICT Software Intellectual Property Default Position (Exemption) In seeking approval to depart from the default position, documentation must be provided which sets out the grounds establishing exceptional circumstances to justify a proposed departure. KEY REQUIREMENTS: Responsibility for Granting Exemptions Where an exemption form (or equivalent) is required, responsibility for granting the exemption rests with the AO/delegate/financial delegate (whichever is specified by internal process). The AO is responsible for approving an exemption (movement from the default position) from the ICT Software ownership default position. Subject to the agreement by the AO, approval of exemptions less than the public tender threshold may be delegated to persons with the appropriate financial delegation. Exemptions should be approved prior to process approval and supplier engagement. Granting of an exemption does not preclude obtaining process approval for all matters listed under Schedule 1 or other factors not listed that are relevant to the proposed procurement. The approved exemption form should be included along with any relevant documentation associated with process approval. Financial Approval All purchases establishing a contractual arrangement require financial approval provided by a person with the applicable financial delegation. Definitions Accountable Officer The head of any given department or, for a public body, the Chief Executive Officer (whatever their title) of that body. Covered entity Departments and administrative offices bound by Victorian Government Purchasing Board (VGPB) policy Exemption Form A form that can be used to seek an exemption. A sample form is hyperlinked to this policy. Open Tendering A one stage process which involves the release of a Request for Tender (RFT) to the open market for purchases over $150 000 or under where the entity considers this approach as appropriate. Selective Tendering
Former-VGPB-POLICY-MANUAL-Jan-2015.docx