George Toft wrote:
>
> I just spent some time reading Maricopa County policies. Interesting
> references:
>
> MC1-101 DEFINITIONS
> 25."CONTRACTOR" means any Person who has a Contract with a County
> Governmental unit. For purposes of Article 5, Contractor may also mean
> Respondent as defined in this Article.
> 36."DEBARMENT" means an action taken by the County Administrative
> Officer under MC1-902 to prohibit a Person from Participating in
> Maricopa County Procurements.
> 80."PERSON" means any corporation, Business, individual, union,
> committee, club, other organization or group of individuals.
> 113."SUSPENSION" means an action taken by the County Administrative
> Officer under MC1-902 temporarily disqualifying a Person from
> participating in Maricopa County Procurements.
> http://maricopa.gov/materials/p-code/HTML_code/Code-01.htm
>
> [Microsoft is considered a Contractor and a Person. This is important
> below.]
>
> MC1-407 MAXIMUM PRACTICABLE COMPETITION
> All Specifications shall seek to promote overall economy for the purpose
> intended and encourage competition in satisfying Maricopa County's needs
> and shall not be unduly restrictive.
> http://maricopa.gov/materials/p-code/HTML_code/Code-04.htm#MC1-401
>
> [Is there any technology that is Microsoft exclusive? I believe there
> are sites that explain how to replace Exchange Server completely using
> Linux/OSS; and SQL Server is replaceable with mySQL; IIS & ASP is
> replaceable with Apache & PHP, right?]
but isn't it the case that doing this violates M$'s enterprise
agreement?
> MC1-902 DEBARMENT AND SUSPENSION OF CONTRACTORS
> B. The causes for Debarment or Suspension shall include, but are not
> limited to, the following:
> 2. Conviction of any Person or any subsidiary or affiliate of any Person
> under any statute of the Federal government, this State or its political
> subdivision or any other State for:
> k. Any other offense indicating a lack of business integrity or business
> honesty which affects responsibility as a Contractor.
> 3. Conviction or civil judgment finding a violation by any Person or any
> subsidiary or affiliate of any Person under State or Federal Antitrust
> Statutes.
> http://maricopa.gov/materials/p-code/HTML_code/Code-09.htm#MC1-901
>
> [As I read MC1-902.B.3, Microsoft (a Person), having been convicted of a
> violation of Federal Antitrust Statues, cannot be a County Contractor.]
Oh my god! that's proceless. Imagine the look on the legal-begal's
face when someone hit's the coptroler with that one... If you pass that
little' gem on I would be most curious to hear the reply from the
county...
EBo --
(text/plain)