TendersTenders

Restricted, Open, Negotiations procedureRestricted, Open, Negotiations procedure Open: Maintainance (hardware Open: Maintainance (hardware

equipment), of some information systems, equipment), of some information systems, anit-virues software, SW support centreanit-virues software, SW support centre

Restricted: Hardware, Software, Restricted: Hardware, Software, Information systems, Counsalting on IT, Information systems, Counsalting on IT, Education for IT, LAN construtionEducation for IT, LAN constrution

Negotiating: Microsoft EA, Oracle, IS Negotiating: Microsoft EA, Oracle, IS maintenance, IBM servermaintenance, IBM server

Goverment Centre for Informatics (CVI) in 2003

38 Procedures

17 negotiating procedures

260 procurements Under treshold

500-600 tenders

12.000-15.000 pages

around 300 contracts

Hardware – Restricted I. phaseHardware – Restricted I. phase

Conditions:Conditions:- Eployment certification (from 1-3 people Eployment certification (from 1-3 people

depending on field of tendering)depending on field of tendering)- Contract as reference – prevoius experince of Contract as reference – prevoius experince of

sellingselling- Contract with principal for each technologyContract with principal for each technology- Finance – turnout of companyFinance – turnout of company- Prevoius contract breachingPrevoius contract breaching

(bad delivery, malfunctioning)(bad delivery, malfunctioning)- 32 fields: from desktop to UPS32 fields: from desktop to UPS

Hardware – Restricted II. phaseHardware – Restricted II. phase Only measure is price – cheapest winOnly measure is price – cheapest win Conditions:Conditions:- Term of delivery (siuted to needs, from Term of delivery (siuted to needs, from 15-30 15-30

daysdays))- Warranty period (garanty): Warranty period (garanty): 3,2, 13,2, 1 year at least year at least- Response time: Response time: 2 hours2 hours- Period for reparing the functional defect: Period for reparing the functional defect: 10 10

hours-2 dhours-2 d..- Replacment with new equipment: 10 days or Replacment with new equipment: 10 days or

2x same defect2x same defect- Hardware Compatible Certificate MS - Hardware Compatible Certificate MS - HCLHCL

Hardware – sample documentationHardware – sample documentation Tender InstructionsTender Instructions

Technical Technical specificationsspecifications

StatementStatement

ConfigurationConfiguration

OfferOffer

Bill (pre-invoice) Bill (pre-invoice)

Information SystemsInformation Systems

Conditions:Conditions:- Eployment certification (from 3-5 Eployment certification (from 3-5

people depending on field of people depending on field of tendering)tendering)

- Contract as reference – 2 contractsContract as reference – 2 contracts- Finance – turnout of companyFinance – turnout of company- 5 phases of IT development, 10 kind 5 phases of IT development, 10 kind

of systems, 5 categoriesof systems, 5 categories

Information systems – II. phaseInformation systems – II. phase

Some addtional conditionsSome addtional conditions Measures:Measures:- Price of project Price of project - Price of hours (counselling hour, Price of hours (counselling hour,

engineer hour, simple maintenance)engineer hour, simple maintenance)- Source code – rights transferSource code – rights transfer

IS documentationIS documentationTender InstructionsTender Instructions

Technical specificationsTechnical specifications

Bill (pre-invoice)Bill (pre-invoice)

ContractContract

Declaration (I. phase)Declaration (I. phase)

Local Area Network – I. phaseLocal Area Network – I. phase

Conditions:Conditions:- Eployment certification (from 1-2 people)Eployment certification (from 1-2 people)- Contract as reference – prevoius experince Contract as reference – prevoius experince

of selling (70 connections)of selling (70 connections)- Contract with principal for each technologyContract with principal for each technology- Evidence of statusEvidence of status- Principal statement, Principal statement, - Segment A (pasive LAN), B (active Segment A (pasive LAN), B (active

equipment), C (UPS systems)equipment), C (UPS systems)

Local Area Network – II. phaseLocal Area Network – II. phase Conditions:Conditions:- Term for finalization of projectTerm for finalization of project- Warranty period (garanty): Warranty period (garanty): 1010 year at last year at last

for passive, for passive, 3 year3 year for active equipment – for active equipment – - Repair time: Repair time: to 9 hoursto 9 hours- Whole technical documentation Whole technical documentation

(configuration, instalation, measurments (configuration, instalation, measurments of equipment)of equipment)

Measure: Price, others (equivalent of the Measure: Price, others (equivalent of the tender)tender)

Some other measures then price:Some other measures then price:

-Additional services in switch (NAT, DoS Additional services in switch (NAT, DoS protection,…) - 2%protection,…) - 2%- Time of switching of control module in case of - Time of switching of control module in case of fallout, under 1 sek – 7%fallout, under 1 sek – 7%- Fatest speed of L2 switching at fully engaged - Fatest speed of L2 switching at fully engaged performance: more then 100Gbps - 4 %performance: more then 100Gbps - 4 %- Speed of routing (L3 switching) at fully - Speed of routing (L3 switching) at fully engaged performance more then 100Mbps -engaged performance more then 100Mbps -3%

LAN documentationLAN documentation

Tender InstructionsTender Instructions

Technical Technical specificationsspecifications

Bill (pre-invoice)Bill (pre-invoice)

ContractContract

(anti-)Virus protection software(anti-)Virus protection software

Different procurementDifferent procurement Problems of migrationProblems of migration Condition:Condition:- Two contracts (for 500 users)Two contracts (for 500 users) Measure – priceMeasure – price Detailed tehnical specificationDetailed tehnical specification

EN= C*M,

C= total value of tenderM= (1+X)X= it settles the weight (ponder of migration). If the existing product is to be upgrade, the cost is 0, unless if it has to be changed, means that migration has to be done, X=0,33

Antivirus procurement doc.Antivirus procurement doc.

Technical Technical specificationsspecifications

OfferOffer

Bill (pre-invoice)Bill (pre-invoice)

ContractContract

Maintenance HW - WarrantyMaintenance HW - Warranty

Throught contractThrought contract 3 year warranty for desktops, servers, 3 year warranty for desktops, servers,

acitve LAN equipmentacitve LAN equipment Principal statment as guaranteePrincipal statment as guarantee Bank guaranteeBank guarantee All costs go to sellerAll costs go to seller

Seller is responsible to buyer for Seller is responsible to buyer for indirect damage, which was made indirect damage, which was made

because of the system (server because of the system (server equipment) malfunction and seller has equipment) malfunction and seller has to pay all the damages for the system to pay all the damages for the system

full recovery to reinstatement of full recovery to reinstatement of equipment.equipment.

HW Maintenance – postwarrantyHW Maintenance – postwarranty

Territory areas of SlovenijaTerritory areas of Slovenija 3 fields: A- desktop eq., B1- Servers, B2- 3 fields: A- desktop eq., B1- Servers, B2-

LAN eq.LAN eq. Measure (by ponder)Measure (by ponder)o Price of service hourPrice of service houro Price of time spent on the roadPrice of time spent on the roado Lump sum priceLump sum price

Formula which encalculate the factor of 2 Formula which encalculate the factor of 2 or 3 fieldsor 3 fields

Bank guaranteesBank guarantees

Bank guarantess:Bank guarantess:o for seriousness of the tenderfor seriousness of the tendero for respection of contract for respection of contract

provisionsprovisionso for execution of warranty for execution of warranty

obligationsobligations Powerfull instrumentPowerfull instrument Not just payment but more Not just payment but more

intimidation of loosing good intimidation of loosing good bank statusbank status

Strategic contractsStrategic contracts

OracleOracle IBM – Lotus NotesIBM – Lotus Notes MicrosoftMicrosoft- Enterprise AgreementEnterprise Agreement- Goverment Securitya Program – GSPGoverment Securitya Program – GSP

Purpose: Get better prices, get Purpose: Get better prices, get partnerships, get better acces to new partnerships, get better acces to new knowledge, services and productsknowledge, services and products

Oracle contractOracle contract

We will tell Oracle about our It intetions, We will tell Oracle about our It intetions, which are publicly accessiblewhich are publicly accessible

Oracle will notice us about the Oracle Oracle will notice us about the Oracle product developmentproduct development

20% discount for education and counsalting20% discount for education and counsalting 10% discount for technical support10% discount for technical support 30-40% disciount on Oracle licences30-40% disciount on Oracle licences Oracle is principal, put in agreement of Oracle is principal, put in agreement of

anywho delivers Oracle products.anywho delivers Oracle products.

Microsoft MBA - EAMicrosoft MBA - EA

Negotiating more then one yearNegotiating more then one year Big media pressureBig media pressure Negotiating for licence price, range of Negotiating for licence price, range of

products, contract provisionsproducts, contract provisions Economic studyEconomic study Good price, good provisionsGood price, good provisions Establishing partnership and getting GSP Establishing partnership and getting GSP

contractcontract

Economic study of MSEconomic study of MS

Total cost of ownership, compare with Total cost of ownership, compare with other products.other products.

Products as Openoffice, Corel Office, SUN Products as Openoffice, Corel Office, SUN Staroffice, Lotus SmartsuiteStaroffice, Lotus Smartsuite

Many factors included in study as price of Many factors included in study as price of licence, migration cost, user education licence, migration cost, user education cost, new hardware cost, outsourcing cost cost, new hardware cost, outsourcing cost and users cost (of lesser productivity and users cost (of lesser productivity because of migration)because of migration)

Open source – strenght, weaknessOpen source – strenght, weakness

StrenghtsStrenghts::- Access to Source codeAccess to Source code- Cost: No licence royalties (fees)Cost: No licence royalties (fees)- Borad rights (copying, distribution)Borad rights (copying, distribution)- Safe security enviroment if properly Safe security enviroment if properly

maintanedmaintaned

Open source – strenght, weaknessOpen source – strenght, weakness

WeaknessWeakness::- Potential liability for intelectual property Potential liability for intelectual property

infrigmentinfrigment- No contractual insurence, warrantyNo contractual insurence, warranty- Easy access under opensource licenses of Easy access under opensource licenses of

other usersother users- Opensource community, is it big enough Opensource community, is it big enough

to support big goverments?to support big goverments?

Hvala na slušanju!Hvala na slušanju!

Technical Assistance to the Legal Approximation Unit in the Sector for European Integration

Tehnička pomoč na Oddelenieto za približuvave na zakonodastvoto pri Sektorot za evropska integracija

Sašo Matas, Sašo Matas, pravnikpravnik

Center na Vlada od Republika Center na Vlada od Republika SlovenijaSlovenija

saso.matas@gov.sisaso.matas@gov.si