1. Tenders Restricted, Open, Negotiations procedure Restricted, Open, Negotiations procedure Open: Maintainance (hardware equipment), of some information systems, anit-virues software, SW support centre Open: Maintainance (hardware equipment), of some information systems, anit-virues software, SW support centre Restricted: Hardware, Software, Information systems, Counsalting on IT, Education for IT, LAN constrution Restricted: Hardware, Software, Information systems, Counsalting on IT, Education for IT, LAN constrution Negotiating: Microsoft EA, Oracle, IS maintenance, IBM server Negotiating: Microsoft EA, Oracle, IS maintenance, 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

2. Hardware – Restricted I. phase Conditions: 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

3. Hardware – Restricted II. phase Only measure is price – cheapest win Only measure is price – cheapest win Conditions: 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 defect - Hardware Compatible Certificate MS - HCL

4. Hardware – sample documentation Tender Instructions Tender Instructions Technical specifications Technical specifications Statement Statement Configuration Configuration Offer Offer Bill (pre-invoice) Bill (pre-invoice)

5. Information Systems Conditions: 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

6. Information systems – II. phase Some addtional conditions Some addtional conditions Measures: Measures: - Price of project - Price of hours (counselling hour, engineer hour, simple maintenance) - Source code – rights transfer

7. IS documentation Tender Instructions Technical specifications Bill (pre-invoice) Contract Declaration (I. phase)

8. Local Area Network – I. phase Conditions: 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 systems)

9. Local Area Network – II. phase Conditions: Conditions: - Term for finalization of project - Warranty period (garanty): 10 year at last for passive, 3 year for active equipment – - Repair time: to 9 hours - Whole technical documentation (configuration, instalation, measurments of equipment) Measure: Price, others (equivalent of the tender) Measure: Price, others (equivalent of the tender) Some other measures then price: -Additional services in switch (NAT, DoS protection,…) - 2% - Time of switching of control module in case of fallout, under 1 sek – 7% - Fatest speed of L2 switching at fully engaged performance: more then 100Gbps - 4 % - Speed of routing (L3 switching) at fully engaged performance more then 100Mbps - - Speed of routing (L3 switching) at fully engaged performance more then 100Mbps -3%

10. LAN documentation Tender Instructions Technical specifications Bill (pre-invoice) Contract

11. (anti-)Virus protection software Different procurement Different procurement Problems of migration Problems of migration Condition: Condition: - Two contracts (for 500 users) Measure – price Measure – price Detailed tehnical specification Detailed tehnical specification EN= C*M, C= total value of tender M= (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

12. Antivirus procurement doc. Technical specifications Offer Bill (pre-invoice) Contract

13. Maintenance HW - Warranty Throught contract Throught contract 3 year warranty for desktops, servers, acitve LAN equipment 3 year warranty for desktops, servers, acitve LAN equipment Principal statment as guarantee Principal statment as guarantee Bank guarantee Bank guarantee All costs go to seller All costs go to seller Seller is responsible to buyer for indirect damage, which was made because of the system (server equipment) malfunction and seller has to pay all the damages for the system full recovery to reinstatement of equipment.

14. HW Maintenance – postwarranty Territory areas of Slovenija Territory areas of Slovenija 3 fields: A- desktop eq., B1- Servers, B2- LAN eq. 3 fields: A- desktop eq., B1- Servers, B2- LAN eq. Measure (by ponder) 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

15. Bank guarantees Bank guarantess: Bank guarantess: o for seriousness of the tender o for respection of contract provisions o for execution of warranty obligations Powerfull instrument Powerfull instrument Not just payment but more intimidation of loosing good bank status Not just payment but more intimidation of loosing good bank status

16. Guarantee for serious offer

17. Guarantee for provision respection

18. Guarantee for warranty execution

19. Strategic contracts Oracle Oracle IBM – Lotus Notes IBM – Lotus Notes Microsoft Microsoft - Enterprise Agreement - Goverment Securitya Program – GSP Purpose: Get better prices, get partnerships, get better acces to new knowledge, services and products

20. Oracle contract We will tell Oracle about our It intetions, which are publicly accessible We will tell Oracle about our It intetions, which are publicly accessible Oracle will notice us about the Oracle product development Oracle will notice us about the Oracle product development 20% discount for education and counsalting 20% discount for education and counsalting 10% discount for technical support 10% discount for technical support 30-40% disciount on Oracle licences 30-40% disciount on Oracle licences Oracle is principal, put in agreement of anywho delivers Oracle products. Oracle is principal, put in agreement of anywho delivers Oracle products.

21. Microsoft MBA - EA Negotiating more then one year Negotiating more then one year Big media pressure Big media pressure Negotiating for licence price, range of products, contract provisions Negotiating for licence price, range of products, contract provisions Economic study Economic study Good price, good provisions Good price, good provisions Establishing partnership and getting GSP contract Establishing partnership and getting GSP contract

22. Economic study of MS Total cost of ownership, compare with other products. Total cost of ownership, compare with other products. Products as Openoffice, Corel Office, SUN Staroffice, Lotus Smartsuite 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) 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)

28. Open source – strenght, weakness Strenghts: Strenghts: - Access to Source code - Cost: No licence royalties (fees) - Borad rights (copying, distribution) - Safe security enviroment if properly maintaned

29. Open source – strenght, weakness 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 goverments?

30. 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, pravnik Center na Vlada od Republika Slovenija saso.matas@gov.si