This confidential survey seeks input on doing business within the EU on public sector terms and conditions. It will provide comparisons between countries and examine the extent to which negotiation occurs.

Input will be anonymous and comes from the technology, software and IT / telecoms services sector. The results will not be published, but will be made available in consolidated form to participating companies.

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

* 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?

* 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?

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

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

* 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 non infringement warranty/ or indemnity
unlimited liability /no exclusion of consequential/indirect losses
Extended warranty terms on deliverables
Unbalanced termination rights such as step-in rights
Penalties/liquidated damages
Open-book type of pricing structure
Audit rights

* 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)?

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

* 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 non infringement warranty/ or indemnity
Unlimited liability /no exclusion of consequential/indirect losses
Extended warranty terms on deliverables
Unbalanced termination rights such as step-in rights
Penalties/liquidated damages
Open-book type of pricing structure
Audit rights

* 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.

Thank you for taking the time to complete our survey.
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