[Photo: Shutterstock]

South Korea's Finance and Economy Ministry on Tuesday held the second Procurement Policy Deliberation Committee meeting of the year. It deliberated and approved steps including measures to rationalise the public construction bid-award system, system improvements identified through national contract dispute cases and corrective inspections of self-ordering agencies.

The system overhaul includes changes for software contracts, where disputes have continued over whether contract prices should be adjusted when specifications or work scope changes. The ministry will specify that "changes in specifications and work scope" are included in design changes, which are grounds for contract price adjustments, and it will strengthen obligations on ordering agencies to follow procedures when work scopes change.

The related industry said the current system leaves it unclear under laws and regulations whether changes in software contract specifications or work scope fall within the range of design changes that allow contract price adjustments. It said this created interpretive difficulties even in the national contract dispute mediation process.

The amendment would revise the National Contract Act and contract guidelines under the general terms and conditions for service contracts. It would establish an explicit basis for adjusting contract prices when specifications and work scopes change in software contracts and include a plan to grant contractors the right to demand submission of a work-scope change request and the convening of a work-scope change deliberation committee to minimise the potential for disputes stemming from work-scope change orders.

The Korea IT Service Industry Association welcomed the announcement of the system overhaul. It said it expects the move to become a turning point in creating a reasonable contract environment for public software projects.

Jang-ho Shin (신장호), chairman of the Korea IT Service Industry Association, said the overhaul was a meaningful achievement that improves repeated work-scope change problems in public software projects and a policy gap in contract price adjustments that follow. He said it was significant because it established reasonable procedures for software scope changes and strengthened the institutional foundation for paying appropriate compensation for changed work.

He added that because public software projects, by their nature, inevitably involve scope changes, paying appropriate compensation for changed work is a basic principle of contracts. He said he hopes the overhaul will raise predictability for public software projects, reduce unnecessary disputes between ordering agencies and contractors, and help create an environment for stable project execution.

Keyword

#Finance and Economy Ministry #Procurement Policy Deliberation Committee #National Contract Act #Korea IT Service Industry Association #public software
Copyright © DigitalToday. All rights reserved. Unauthorized reproduction and redistribution are prohibited.