UPDATE: NSW government denies Microsoft out of running

By Andrew Colley
22 January 2003 10:00 AM
Tags: sun, os, office xp, dpws, nsw, systems, government, operating
The NSW Department of Public Works and Services (DPWS) has officially denied it has turned down a whole-of-government software licence for Microsoft Office XP.

Well-placed sources had claimed the proposed deal had fallen though as the NSW government was unable to meet the threshold number of users required to meet the terms of the licence. The sources said this inability stemmed from a lack of commitment to the proposed deal by IT managers throughout state government departments and agencies. However, Garry Woods, spokesperson for NSW Supply, told ZDNet Australia  that the DPWS was still keeping its options open.

Woods said that the decision was yet to passed to higher authorities in NSW government bureaucracy for consideration and that no recommendation concerning the deal had been given.

If the deal goes ahead the NSW government could spend close to AU$100 million and commit up to 120,000 of its desktop PCs to a three-year software licence for Microsoft Office XP.

NSW Supply had not answered ZDNet Australia's  requests for comment on the deal yesterday and Woods today declined the opportunity to provide a detailed assessment of how the licence offer had been received throughout the state's government departments.

Woods said any announcement on the deal would be made at a ministerial level but he was unable to provide a time-frame for the announcement.

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Talkback 6 comments

    Any state or federal governmen ...Rodd Clarkson -- 22/01/03

    Any state or federal government who does a whole of state deal with one company isn't looking after the best interests of it's citizens.

    Competition is the key to better services and reduced prices, so any deal or policy that requires the use of a particular software package by every government department would only serve to create a monopoly for one company, in effect increasing the cost of the software.

    It's important to look beyond the cost to government - although doing a $100 million exclusive deal for software when cheaper alternatives exist isn't exactly a great deal either - when considering the cost of such a contract. As businesses are often forced to use the same software as government, any company able to lock government into using their software would be in a position to charge businesses a higher price for the same software. Businesses of course, would have no choice but to pay.

    It would be far more appropriate for government to negotiate a competitive deal with a variety of software vendors - for example Microsoft, Sun, OpenOffice.org and others for office productivity software - and then allow departments to choose their software based on needs and best value.

    Requiring departments to pay for expensive MS Office licenses when free copies of OpenOffice.org would meet the needs of the department would only impose an extra burden on tax payers.

    Microsoft has been found guilt ...MrDamage -- 23/01/03

    Microsoft has been found guilty of illegally maintaining a monopoly.

    So why should anyone help them maintain that monopoly? By locking in with MS, we are locking in to proprietry file formats, and that god-aweful licencing 6 program that will end up bleeding the state dry.

    I can understand why Microsoft ...mintSlice -- 23/01/03

    I can understand why Microsoft or Sun might be interested in getting an exclusive contract for the entire state government, but I can't see why the state government would be interested in such a deal.

    A far smarter idea from where the state stands would be to get each vendor to offer a price for their product and allow each department to decide which is the best value for money.

    No one company woud be able to lock out competiton, which would actually help to reduce the costs in the long term, if not immediately.

    It's also important that the NSW makes sure that they promote open file formats and protocols so that their departments actually have to ability to change suppliers should a better deal be offered.

    With warranties like this why ...Anonymous -- 23/01/03

    With warranties like this why buy any MS product

    IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE OS COMPONENTS PROVIDED THE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.

    IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE OS COMPONENTS AS FOLLOWS:

    DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.

    EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

    Look 100 million dollars for 1 ...Anonymous -- 23/01/03

    Look 100 million dollars for 120,000 licenses is around $833.33 per license and that's a lot of money for a license. To make matters worse after 3 months that license expires and that's 100 million dollars gone for what? nothing.

    If you can find something just as good at a fraction of the price without loss of functionality, service or data then you'd be a fool not to take that option. Microsoft's option should only be taken if there is no other alternative.

    Linux is offering a real alternative to the Microsoft option here at a fraction of the price. The NSW government is probably trying to dertermine how much they will save with the Linux option and whether they will be better off or worse off.

    Of COURSE the Govt are going t ...Unsurprised -- 23/01/03

    Of COURSE the Govt are going to denydenydeny. I am sure the publicity is playing into their hands of course, they want to put the wind up MS sufficiently to try and squeeze additional licence reductions from them. Typical conversation between Govt cardigan wearers over the SO vs MS issue - goes like this..

    "Crikey Nev, I mean the whole world uses MS mate. I have no idea how this StarOfficey product will integrate across departments and frankly given Johnny's push and Carr's agreement on a seamless Govt IT comms and procurement backbone, I don't wanna noabouditmate if the bloody StarSunbloodyrocketsupthewazoo and won't work! But maaaaaaate, I mean, look at the friggin' licence prices for MS. We can't bloody support that. Bad enough Nev mate that the bloody Americans are dragging us into a war that will cost the nation billions, but how is the NSW Govt going to tell business to tighten it's belts if we can't be seen to lay hard ball on the cost of doing business with the buggers at Microsoft? Listen, we need a bloody plan mate, a plan to reduce the rates on these licences or the media will make mincemeat out of us. How can we fix it so MS feels threatened, so that they understand they have to ensure Govt is the biggest client with the lowest cost of ownership?"

    mmm? There is no doubt the final decision being made at Ministerial levels absolutely guarantees a political decision, with economics being the variable played with in order to produce the political response desired. What is really best for the Australian market, Australian industry and the Australian taxpayer is secondary to international relationship building in times of warfare - let's be frank about the priorities of politicians. The only thing really working for Sun here is the antitrust cases over MS and I am not sure it will be enough.

    $50 on that MS gets the majority deal but that Sun will get a small proportion or a trial department with a few hundred seats, something that will continue to report back to Govt depts on StarOffice performance in order for the other Depts to be seen to be considering alternatives and to have a little informational chain to rattle at MS every now and then...who's on?

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