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   Restricted, Open, Negotiations procedure
   Open: Goverment Centre for Informatics (CVI) in 2003some
           Maintainance (hardware equipment), of
                         500-600 tenders
    information systems, 38 Proceduressoftware, SW support
                    1712.000-15.000 pages
                        negotiating procedures
                       around 300 Under treshold
                 260 procurements contracts
   Restricted: Hardware, Software, Information systems,
    Counsalting on IT, Education for IT, LAN constrution
   Negotiating: Microsoft EA, Oracle, IS maintenance,
    IBM server
    Hardware – Restricted I. phase
 Conditions:
- Eployment certification (from 1-3 people depending on
  field of tendering)
- Contract as reference – prevoius experince of selling

- Contract with principal for each technology

- Finance – turnout of company

- Prevoius contract breaching

(bad delivery, malfunctioning)
- 32 fields: from desktop to UPS
    Hardware – Restricted II. phase
   Only measure is price – cheapest win
   Conditions:
-   Term of delivery (siuted to needs, from 15-30 days)
-   Warranty period (garanty): 3,2, 1 year at least
-   Response time: 2 hours
-   Period for reparing the functional defect: 10 hours-2 d.
-   Replacment with new equipment: 10 days or 2x same
-   Hardware Compatible Certificate MS - HCL
Hardware – sample documentation
   Tender Instructions

   Technical specifications

   Statement

   Configuration

   Offer

   Bill (pre-invoice)
          Information Systems
   Conditions:
-   Eployment certification (from 3-5 people
    depending on field of tendering)
-   Contract as reference – 2 contracts
-   Finance – turnout of company
-   5 phases of IT development, 10 kind of systems,
    5 categories
    Information systems – II. phase
   Some addtional conditions
   Measures:
-   Price of project
-   Price of hours (counselling hour,
    engineer hour, simple maintenance)
-   Source code – rights transfer
            IS documentation
Tender Instructions

Technical specifications

Bill (pre-invoice)


Declaration (I. phase)
    Local Area Network – I. phase
   Conditions:
-   Eployment certification (from 1-2 people)
-   Contract as reference – prevoius experince of selling
    (70 connections)
-   Contract with principal for each technology
-   Evidence of status
-   Principal statement,
-   Segment A (pasive LAN), B (active equipment), C (UPS
    Local Area Network – II. phase
 Conditions:
Some other measures then price:
-  Term for finalization of project
-Additional services in switch (NAT, DoS protection,…) - 2%
 - Warranty period (garanty): 10 year at last for passive, 3
   year for active of control –
- Time of switchingequipment module in case of fallout, under
1 sek – 7%
 - Repair time: to 9 hours
- Fatest speed of L2 switching at fully engaged performance:
 - Whole technical 4 %
more then 100Gbps -documentation (configuration,
   instalation, measurments of at fully engaged performance
- Speed of routing (L3 switching) equipment)
  Measure: Price, -3%
more then 100Mbpsothers (equivalent of the tender)
           LAN documentation
Tender Instructions

Technical specifications

Bill (pre-invoice)

    (anti-)Virus protection software
   Different procurement    EN= C*M,
              of migration
    Problems total value of tender
   Condition:(1+X)
          X= it settles the weight (ponder of migration).
    Two contracts (for 500 users)
          If the existing product is to be upgrade, the cost
         is – price
    Measure0, unless if it has to be changed, means that
         migration has to be done, X=0,33
    Detailed tehnical specification
        Antivirus procurement doc.
Technical specifications


Bill (pre-invoice)

     Maintenance HW - Warranty
   Throught contract
     Seller is responsible to buyer for indirect LAN
    3 year warranty for desktops, servers, acitvedamage,
        which was
    equipment made because of the system (server
       equipment) malfunction and
    Principal statment as guarantee seller has to pay all
         the damages for the system full recovery to
   Bank guarantee
                  reinstatement of equipment.
   All costs go to seller
    HW Maintenance – postwarranty
 Territory areas of Slovenija
 3 fields: A- desktop eq., B1- Servers, B2- LAN eq.

 Measure (by ponder)

o Price of service hour

o Price of time spent on the road

o Lump sum price

Formula which encalculate the factor of 2 or 3 fields
               Bank guarantees
   Bank guarantess:
o   for seriousness of the tender
o   for respection of contract provisions
o   for execution of warranty obligations
   Powerfull instrument
   Not just payment but more
    intimidation of loosing good bank
            Strategic contracts
 Oracle
 IBM – Lotus Notes

 Microsoft

- Enterprise Agreement

- Goverment Securitya Program – GSP

Purpose: Get better prices, get partnerships, get better
  acces to new knowledge, services and products
                 Oracle contract
   We will tell Oracle about our It intetions, which are
    publicly accessible
   Oracle will notice us about the Oracle product
   20% discount for education and counsalting
   10% discount for technical support
   30-40% disciount on Oracle licences
   Oracle is principal, put in agreement of anywho delivers
    Oracle products.
            Microsoft MBA - EA
   Negotiating more then one year
   Big media pressure
   Negotiating for licence price, range of products,
    contract provisions
   Economic study
   Good price, good provisions
   Establishing partnership and getting GSP contract
          Economic study of MS
   Total cost of ownership, compare with other products.
   Products as Openoffice, Corel Office, SUN Staroffice,
    Lotus Smartsuite
   Many factors included in study as price of licence,
    migration cost, user education cost, new hardware cost,
    outsourcing cost and users cost (of lesser productivity
    because of migration)
    Open source – strenght, weakness
   Strenghts:
-   Access to Source code
-   Cost: No licence royalties (fees)
-   Borad rights (copying, distribution)
-   Safe security enviroment if properly maintaned
    Open source – strenght, weakness
   Weakness:
-   Potential liability for intelectual property infrigment
-   No contractual insurence, warranty
-   Easy access under opensource licenses of other users
-   Opensource community, is it big enough to support big
   Hvala na slušanju!

         Sašo Matas, pravnik
Center na Vlada od Republika Slovenija
         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

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