Submission - Discussion Paper on Reforming
Liability Regime under the Government
ICT Contracts
Under the existing liability regime
of procurement policy, it is a usual
practice of the Government ICT contracts
that regardless of the nature or size
of contracts, the liability to direct
and indirect damages is unlimited.
To improve the liability regime under
the Government ICT contract, I submitted
a discussion paper to the Digital
21 Strategy Advisory Committee requesting
the Government to review the existing
procurement policies, moving away
from a default position of "one
size fits all" or uncapped liability
to a flexible approach of limiting
the liability of ICT vendors which
can be tailored to the individual
circumstances of each contract and
which is not excessively bureaucratic
or costly for the parties to implement
and comply with. To view the full
paper, please click here.
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