Wigley & Company May Newsletter
Wigley & Company May Newsletter
Public Procurement: Getting the Deal ThroughIn April 2010, the Global Competition Review published Getting the Deal Through - Public Procurement: An overview of regulation in 46 jurisdictions worldwide. We contributed the New Zealand Chapter, available here. Recent ArticlesWe've recently added these on-line articles: Australia National Broadband Network: the McKinsey/KPMG report McKinseys and KPMG last week produced an A$20M Implementation report on the National Broadband Network (NBN). This article summarises some key recommendations. There are valuable insights for all countries looking at FTTP, satellite and wireless broadband initiatives. Less than convenient termination A recent negotiating guide for the UK public sector identifies rights to terminate for convenience as one of the top four issues that can bog down negotiations. Outcomes-based contracts: Will suppliers step out of their comfort zones? A report released by Intellect, the trade association for the UK technology industry, shows that some vendors are beginning to move outside their comfort zone and dip their toes into more outcomes-based agreements. But just how far will suppliers go with this? Can a perpetual licence come to an end? A recent UK High Court ruling raises issues for customers licensing critical software. PPPs and Fibre Broadband Networks We summarise two models where government is funding national fibre networks in conjunction with the private sector: Singapore and New Zealand. Public Procurement: Gagging bidder's litigation and adverse commercial activity One of Government’s largest procurement processes stops suppliers from threatening litigation and from engaging in adverse commercial activity. Is that OK? What's needed for the MED EOI for NZ Rural Broadband Funding? What do providers need to do to deal with MED's 22 April 2010 request for Expression of Interest (EOI) in relation to projects utilising the NZ$300M Rural Broadband Initiative? We outline for CIO magazine some key considerations to take when considering the security risks involved with cloud computing. School bus tender: insights for procurement by NZ central/local Government, SOEs, etc The Auditor-General’s recent report on the tender for over 2,000 school bus routes provides valuable insights on handling public procurement by all public sector agencies. We highlight the generally excellent pre-RFP steps by the Ministry, contrary to the under-baked pre-RFP action by some other agencies. We also question whether a conclusion by the Auditor-General (which permitted preference for the incumbent providers ahead of others) is the optimal approach.
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