EU technology, software and IT / telecoms services sector Survey

* 1. Please indicate which country or countries your replies will cover.

France

Germany

Netherlands

Belgium

Italy

Spain.

* 2. Do you believe your organization is restricting its competitiveness due to the fact that public sector request for proposal (RFP) terms are not acceptable?

Yes, on a regular basis

Yes, sometimes

Comment

* 3. In your experience, has your organization decided not to bid on a given public sector request for proposal (RFP) for reasons exclusively attributable to the RFP terms?

Yes

Comments

* 4. If you answered yes to question 3, which of the following reasons would seem to correspond to the likely reason?

Our contract policy/governance would not allow accepting these terms

After conducting a risk analysis (i.e. risk probability versus potential margin) chance to do a profitable deal are too thin

Lack of precision or certainty over requirements made the risk terms too onerous

Other (please specify)

* 5. If you answered yes to question 3, what are the contract terms that typically represent a problem? (select all / any that apply)

Liabilities - amount of limit

Liabilities - unlimited and / or consequential

Indemnities

IP rights / ownership

Liquidated damages / service credits

Termination rights

Payment terms

Audit rights / open book accounting

Other (please specify)

* 6. Would the following type of commitment be acceptable to your organization: (Answer options are: Never / It depends / Often)

	Often acceptable	Never acceptable	It depends
IP ownership transfer of the work done	IP ownership transfer of the work done Often acceptable	IP ownership transfer of the work done Never acceptable	IP ownership transfer of the work done It depends
IP non infringement warranty/ or indemnity	IP non infringement warranty/ or indemnity Often acceptable	IP non infringement warranty/ or indemnity Never acceptable	IP non infringement warranty/ or indemnity It depends
unlimited liability /no exclusion of consequential/indirect losses	unlimited liability /no exclusion of consequential/indirect losses Often acceptable	unlimited liability /no exclusion of consequential/indirect losses Never acceptable	unlimited liability /no exclusion of consequential/indirect losses It depends
Extended warranty terms on deliverables	Extended warranty terms on deliverables Often acceptable	Extended warranty terms on deliverables Never acceptable	Extended warranty terms on deliverables It depends
Unbalanced termination rights such as step-in rights	Unbalanced termination rights such as step-in rights Often acceptable	Unbalanced termination rights such as step-in rights Never acceptable	Unbalanced termination rights such as step-in rights It depends
Penalties/liquidated damages	Penalties/liquidated damages Often acceptable	Penalties/liquidated damages Never acceptable	Penalties/liquidated damages It depends
Open-book type of pricing structure	Open-book type of pricing structure Often acceptable	Open-book type of pricing structure Never acceptable	Open-book type of pricing structure It depends
Audit rights	Audit rights Often acceptable	Audit rights Never acceptable	Audit rights It depends

* 7. Do your answers to question 6 vary depending on which EU country (i.e. is your implementation of policy completely consistent, or might it vary)?

Yes, it varies

No, it is consistent

Don't know

Comment

* 8. If you would accept such terms described in 6, please indicate your mitigations (select all that apply).

Risk experience in the relevant country is deemed acceptable

We undertake specific risk assessments for each project and make determinations based on this assessment

We obtain insurance where available

We price for the risk assumed

Other (please describe)

* 9. In your experience, are government / public sector bodies in any of the listed countries open to negotiating the terms listed below?

	Belgium	France	Germany	Italy	Netherlands	Spain	United Kingdom
IP ownership transfer of the work done	IP ownership transfer of the work done Belgium	IP ownership transfer of the work done France	IP ownership transfer of the work done Germany	IP ownership transfer of the work done Italy	IP ownership transfer of the work done Netherlands	IP ownership transfer of the work done Spain	IP ownership transfer of the work done United Kingdom
IP non infringement warranty/ or indemnity	IP non infringement warranty/ or indemnity Belgium	IP non infringement warranty/ or indemnity France	IP non infringement warranty/ or indemnity Germany	IP non infringement warranty/ or indemnity Italy	IP non infringement warranty/ or indemnity Netherlands	IP non infringement warranty/ or indemnity Spain	IP non infringement warranty/ or indemnity United Kingdom
Unlimited liability /no exclusion of consequential/indirect losses	Unlimited liability /no exclusion of consequential/indirect losses Belgium	Unlimited liability /no exclusion of consequential/indirect losses France	Unlimited liability /no exclusion of consequential/indirect losses Germany	Unlimited liability /no exclusion of consequential/indirect losses Italy	Unlimited liability /no exclusion of consequential/indirect losses Netherlands	Unlimited liability /no exclusion of consequential/indirect losses Spain	Unlimited liability /no exclusion of consequential/indirect losses United Kingdom
Extended warranty terms on deliverables	Extended warranty terms on deliverables Belgium	Extended warranty terms on deliverables France	Extended warranty terms on deliverables Germany	Extended warranty terms on deliverables Italy	Extended warranty terms on deliverables Netherlands	Extended warranty terms on deliverables Spain	Extended warranty terms on deliverables United Kingdom
Unbalanced termination rights such as step-in rights	Unbalanced termination rights such as step-in rights Belgium	Unbalanced termination rights such as step-in rights France	Unbalanced termination rights such as step-in rights Germany	Unbalanced termination rights such as step-in rights Italy	Unbalanced termination rights such as step-in rights Netherlands	Unbalanced termination rights such as step-in rights Spain	Unbalanced termination rights such as step-in rights United Kingdom
Penalties/liquidated damages	Penalties/liquidated damages Belgium	Penalties/liquidated damages France	Penalties/liquidated damages Germany	Penalties/liquidated damages Italy	Penalties/liquidated damages Netherlands	Penalties/liquidated damages Spain	Penalties/liquidated damages United Kingdom
Open-book type of pricing structure	Open-book type of pricing structure Belgium	Open-book type of pricing structure France	Open-book type of pricing structure Germany	Open-book type of pricing structure Italy	Open-book type of pricing structure Netherlands	Open-book type of pricing structure Spain	Open-book type of pricing structure United Kingdom
Audit rights	Audit rights Belgium	Audit rights France	Audit rights Germany	Audit rights Italy	Audit rights Netherlands	Audit rights Spain	Audit rights United Kingdom

Comments

* 10. If you would like to receive a copy of the results when the research is complete, please email mheminway@iaccm.com. This is to ensure that there is no link between your replies and your name / company.