Report to: General Committee                                                    Report Date: October 6, 2008

 

 

SUBJECT:                          Award of Tender 189-T-08, Microsoft Licencing Agreement

PREPARED BY:               Sugun Rao, Technology Manager

                                            Tony Casale, Senior Buyer

 

 

RECOMMENDATION:

THAT the report entitled “Award of Contract # 189-T-08, Microsoft Licencing Agreement” be received;

 

AND THAT tender 189-T-08 for “Microsoft Licensing Agreement” be awarded to the overall lowest priced bidder, Dell Canada Inc., in the total amount of $610,687.71 inclusive of PST, for “Microsoft Licensing Agreement” for a term of three years to expire on June 30, 2011;

 

AND THAT the following annual payments, inclusive of PST towards Enterprise Agreement and Select Agreement be funded from ITS Department’s Operating Account 400-404-5397;

·        $202,568.84 (Year 2008)

·        $202,568.84 (Year 2009)

·        $205,550.03 (Year 2010)

 

AND THAT the Fixed Discount Rate of Estimated Retail Pricing less 33%, as submitted, be accepted from the overall lowest priced bidder, Dell Canada Inc. and applied to the acquisition of future new Microsoft application and Server products for a term of 3 years to expire on June 30, 2011;

 

AND THAT staff be authorized to enter into a 3-year Enterprise Agreement and Select Agreement with Microsoft Canada and Dell Canada Inc. in a form satisfactory to the Town Solicitor for the provision of the licensing of Microsoft desktop and server products at discounted rates;

 

AND THAT the Mayor and the Town Clerk be authorized to execute the agreement;

 

AND THAT Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Not Applicable

 

FINANCIAL CONSIDERATIONS:

The following table is a summary of the financial considerations for this report:

 

 

 

 

 

Original Budget and Account #

 

$  328,000.00

 

400-404-5397

 

 

 

 

 

Current Budget Available (unspent)

 

$  328,000.00

 

 

Less Cost of award inclusive PST

 

($202,568.84)

 

Awarded to Dell Canada.

Budget Remaining

 

$  125,431.16

 

 

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is to obtain approval to award the tender for “Microsoft Licensing Agreement” to the lowest priced bidder, Dell Canada Inc., for a term of three (3) years to expire on June 30, 2011.

 

BACKGROUND:

 

In July 2005, Council approved staff to enter into an agreement with Microsoft Canada and the Microsoft reseller ASAP Software (now Dell Canada Inc.) for the purchase of Microsoft software products under the Province of Ontario’s Standing Agreement.  Since then the Town has been licensing and purchasing software at a discounted rate based on the agreement.  This agreement ended on July 31, 2008.  In order to continue to benefit form the negotiated discounted rates between the Province and Microsoft for the maintenance, support of existing products and new acquisitions, the Town must select a reseller and re-enrol itself for renewal of the licensing agreement under Province of Ontario’s new standing Business agreement # U8364444.

 

The Town issued a tender for an authorized reseller of Microsoft products with price as the main evaluation criteria. In the tender pricing was requested for maintenance and support of all products under Enterprise Agreement (EA) and Select Agreement (SA) and also Discount rates for acquisition of new products.

 

The products included in the EA are Windows Operating Systems upgrade, Microsoft Office Suite, Client Access License for file, print, Exchange Enterprise (for email), System Management Server (for asset management and software deployment) and SQL Server (for database), Development Network (for research and development), TechNet (for server maintenance) and Essential Support (for applications and technical support) and training.

 

The products included in the SA are the Window Server Operating Systems upgrade, Exchange Server, Content Management Server (Web content management), Microsoft SQL Server, Microsoft Visio, Microsoft project.

 

The benefits of EA and SA with Software Assurance Program includes the ability to upgrade and downgrade to any version of a product included in the EA and elimination of large one-time budget impacts by splitting the cost over multiple years, the ease of licensing administration and legal compliancy, and the significant discount level over individual licensing purchase models (full retail price). It allows the Town to update to the latest versions of software and run a consistent set of versions of Microsoft software and eliminates problems of having different versions spread randomly across departments, and resultant incompatibilities. This also allows us to standardise and facilitate deployment of standard operating and office products. Additional benefits includes, Unlimited web based technical support, 30 days of Microsoft certified training for technical staff, Microsoft Home use Advantage which allows staff with Town email ID, right to install the current version of Microsoft office products at home for the cost of shipping the media.

 

OPTIONS/ DISCUSSION:

 

The Town will obtain significant savings by entering into a licensing agreement with a Microsoft Large Account Reseller (LAR).  If Town does not sign the Enrolment with a LAR, Microsoft software cannot be purchased at government discounts.  Full retail pricing is about 70% higher than government pricing and is not recommended.

 

It has been determined that the EA is the most cost-effective option for purchase of the Town’s desktop computing products based on the current software replacement strategy. All other Microsoft products that are not covered by the EA will be covered by the Microsoft Select Agreement.

 

The 2008 Operating Budget of $328,000 was comprised of $273,500 for the Town Microsoft products and $54,500 for the Markham Public Library (MPL) Microsoft products.   Regarding the Town products, the cost estimate for budget consideration was obtained from the vendor and was based on the past negotiated pricing.  For the MPL products, the pricing estimate for budget consideration was obtained from Microsoft Listed Academic Pricing.

 

The tender response created a scenario whereby the actual cost for the Town MS Products was $202,568.84, a favourable variance of $70,931.16 per year, for next three years when compared to the estimated amount.

 

The EA would cover all Town PCs, except Markham Public Library which qualifies for the Microsoft Academic discounted rates when buying licenses. Covering Library PC’s under an Enterprise Agreement worked out to be considerably more expensive and a decision was made to exclude the MPL’s requirements at this point. Instead, for Library we are proposing to purchase the software as opposed to the EA at the time of desktop refresh in 2011. Due to the exclusion of the MPL products, the Town will realize an additional cost avoidance of $54,500.00 for total savings of $125,431.16.

 

2009 operating budget includes the reduce amount of $202,568.84.

 

To reduce the risk of price fluctuation, Discount rate was requested. The Discount rates are guaranteed for the duration of the 3 year contract and are applied to products acquired under the Microsoft Select Master Agreement.

 

BID INFORMATION

Advertised, place and date

ETN, August 06, 2008

Bids closed on

August 22,2008

Number of contractors picking up bid documents

7

Number of contractors responding to bid

4

 

 

DETAILED PRICING INFORMATION

 Companies

Price inclusive of PST

Dell Canada Inc

$610,687.71

Compugen Inc.

$619,054.20

SHI Canada

$641,618.64

Softchoice Corp.

$643,678.87

 

ENVIRONMENTAL CONSIDERATIONS:

Not Applicable

 

ACCESSIBILITY CONSIDERATIONS:

Not Applicable

 

ENGAGE 21ST CONSIDERATIONS:

Not Applicable

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Not Applicable

 

 

RECOMMENDED BY:

 

________________________                                                ________________________

Nasir Kenea,                                                                            Andy Taylor,

Chief Information Officer                                                          Commissioner, Corporate Services

 

ATTACHMENTS:

Not Applicable