This contract is a multi-year procurement for standing supplies. This is a framework agreement concluded with a single tenderer for the benefit of the entities identified in point 3 of Title II of this Special Specification. These entities will place orders to the contractor of the framework agreement as they meet their own needs.
The purpose of this contract is the purchase of licenses (*) and associated services covering a wide range of software vendors. These licences and associated services are further detailed in Title V on “TECHNICAL REQUIREMENTS” of this special specification.
(*) Subscriptions, subscriptions or other paid services relating to the right to use software are, within the framework of this special specification, assimilated to the term “license”.
The subscription to a SaaS contract “Software as a Service - software delivered as a service” that allows the use of software through the Internet (via a browser for example) is consistent with the purpose of this contract.
The software, which is the subject of the aforementioned licenses, must be able to be deployed on any type of infrastructure, be it the infrastructure of the contracting authority (or of a PAB), that of the publisher, that of a hosting provider in a cloud (public, private or hybrid) or a mixture of the latter depending on the architecture of the software targeted.
This contract encompasses all licensing marketing formulas, and they vary from publisher to publisher. These different formulas are generally articulated around parameters such as:
perpetual or limited-time license;
nominative, floating or competing;
in purchase, subscription, subscription or pay-as-you-use mode (Pay As You Use);
etc.
This contract is a multi-year procurement for standing supplies. This is a framework agreement concluded with a single tenderer for the benefit of the entities identified in point 3 of Title II of this Special Specification. These entities will place orders to the contractor of the framework agreement as they meet their own needs.
The purpose of this contract is the purchase of licenses (*) and associated services covering a wide range of software vendors. These licences and associated services are further detailed in Title V on “TECHNICAL REQUIREMENTS” of this special specification.
(*) Subscriptions, subscriptions or other paid services relating to the right to use software are, within the framework of this special specification, assimilated to the term “license”.
The subscription to a SaaS contract “Software as a Service - software delivered as a service” that allows the use of software through the Internet (via a browser for example) is consistent with the purpose of this contract.
The software, which is the subject of the aforementioned licenses, must be able to be deployed on any type of infrastructure, be it the infrastructure of the contracting authority (or of a PAB), that of the publisher, that of a hosting provider in a cloud (public, private or hybrid) or a mixture of the latter depending on the architecture of the software targeted.
This contract encompasses all licensing marketing formulas, and they vary from publisher to publisher. These different formulas are generally articulated around parameters such as:
perpetual or limited-time license;
nominative, floating or competing;
in purchase, subscription, subscription or pay-as-you-use mode (Pay As You Use);
etc.
Type of software
Licenses, which are the subject of this contract, mainly concern software aimed at a small community of users.
Other software is subject to specific contracts (generally one contract per publisher), this is notably the case for:
software used by a large community of users (for example so-called “corporate” software);
software sold only directly by their publisher or by their authorized integrators and for which a specific market is justified;
software intrinsic to ICT solutions and whose purchase is logically linked to other components of the solution or to a market dedicated to these solutions.
However, the contracting authority reserves the right to use this contract for the provision of licenses of any type of software (and their associated services) to cover the needs in the implementation and first execution phase of new projects, or to respond to an exceptional, urgent or temporary situation.
Market characteristics
This contract is a standing market. The contracting authority reserves the right to adapt its orders to the evolution of its needs. Only the sending of a purchase order dated and signed by the authorized person confers the right and the obligation on the successful tenderer to supply the quantities indicated therein.
In the price inventory, bidders must communicate their price in the form of a markup (or uplift) and a discount by software publisher. These notions of markup and remittance are extensively detailed in TITLE V of this special specification.
This contract is based on the principle of a price list. The list of publishers listed in the inventory and their respective prices (expressed in the form of markup and discount) will constitute the initial catalog of the market. The latter will be able to evolve throughout the duration of the market to incorporate new publishers.
The contracting authority and the PAB will be able to place orders to the successful tenderer by means of a previously accepted offer in which the price will be established on the basis of the financial information in the catalog (Markup and Discount).
The price inventory is used as part of the evaluation of tenderers' tenders in response to these special specifications.
Given the great diversity of licenses and the many parameters that influence their price, the inventory of market prices is presented in the form of an assumed financial volume by publisher.
The presumed volumes included in the price inventory and recalled in TITLE V.5 “Quantitative estimation of supplies” are given for information purposes only without any commitment on the part of the contracting authority. These are assumed volumes over the entire duration of the market, i.e. four years. These assumed volumes reflect a purchase volume equivalent to that of the current M081 market. However, they have been increased to take account of the evolution estimated on the basis of the information in our possession at the time of writing this special specification.
By submitting his tender, the successful tenderer undertakes to perform the services in accordance with these special specifications.
The conclusion of this contract does not give the successful tenderer any exclusive right with regard to the beneficiary contracting authorities and services of the Walloon Region which are free to order supplies identical or similar to those covered by the contract from other suppliers. The successful tenderer may not assert any right to compensation on this account.