Common use arrangement (CUA) buyers guide for the supply of Microsoft licensing across two panels, containing the following programs:
- Microsoft Licensing Programs - whole-of-government sector
- Microsoft Campus and School Agreement (CASA) - education sector.
- Azure Marketplace (please refer to the Online Marketplace Purchasing Guidelines
This CUA is mandatory state-wide for volume licensing program purchases by approved and eligible State agencies.
Before you buy, check that your purchase falls within your organisation's procurement policies.
In accordance with Western Australian Procurement Rules, you can buy outside of this CUA and directly source from an Australian Disability Enterprise (ADE) or Aboriginal Business.
The Microsoft (MS) CUA is designed to facilitate the procurement of MS licensing and services through the CUA Licensing Solutions Provider (LSP) – Data#3 Limited. This CUA is delivered over two panels:
- Panel A: Microsoft Licensing Solutions Provider for the Supply of Microsoft Licences to WA Government (Data#3 Limited)
- Panel B: Microsoft Licensing Arrangement (Microsoft)
They have been contracted to provide the following goods and services:
| Contractor | MS Licensing Programs - whole-of-government sector | MS Campus and School Agreement (CASA) - education sector | MS Premier Services |
|---|---|---|---|
| Data#3 | Yes | Yes | No |
| Microsoft | Yes | Yes | Yes |
Panel A – Microsoft Licensing Solutions Provider for the Supply of Microsoft Licences to WA Government (Data#3 Limited)
Data#3 is the Licensing Solutions Provider (LSP) for the Microsoft Licences to WA government. This contract is to manage the cost related transactions for volume licensing and open agreements for the State agencies. The LSP is to provide Microsoft licensing expertise and cost-effective licensing solutions to the eligible State agencies. Data#3 are responsible for all the quotes and invoices for the Microsoft product licences, including the anniversary true up process for all State agencies under the Microsoft EA, EAS and EES licensing programs.
Panel B – Microsoft Licensing Arrangement (Microsoft)
The Microsoft licences products with the eligible WA State agencies includes both volume licensing program agreements and open licensing program agreements, along with additional Microsoft products. Microsoft Premier Service and Unified Support is included under the CUA. These services are an end to end support solution that allows Microsoft clients to maximize the benefit and value of their software by reducing risk, improving system reliability and improving staff productivity through focusing on people, process and technology.
Contract terms
Show morePanel A – Microsoft Licensing Solutions Provider for the Supply of Microsoft Licences to WA Government (Data#3 Limited)
12 June 2019 - 30 June 2025 (A1 whole-of-government sector)
1 June 2019 - 30 June 2025 (A2 education sector)
(no extension option)
Panel B – Microsoft Licensing Arrangement (Microsoft)
1 July 2021 - 30 June 2026 (MS Business and Services – Whole of Government & MS Campus and School Agreement – Education)
Software License period enrolments:
1 June 2023 - 31 May 2026 (whole-of-government sector)
(no extension option)
1 June 2021 – 31 May 2027 (education sector)
(no extension option)
Whole-of-government sector
Show moreThe whole-of-government EA and EAS is a premier option for State agencies that wish to standardise on the Microsoft enterprise desktop. There is no minimum desktop requirement. Normal EA and EAS benefits apply.
Some of the other benefits of the whole-of-government EA and EAS are:
- Discounted pricing at the Microsoft level, also allowing agencies under the minimum requirement of 250 users to join and receive benefits of a larger agency
- Individual enrollments for agencies
- Ability for annual adjustments
- Standardisation around a government-wide platform
- Software assurance benefits
- Accommodate Machinery of Government changes
Each State agency has a responsibility to ensure that it achieves the best value for money and chooses the most appropriate option.
Program 1: Whole-of-government Enterprise Agreement Program (whole-of-government EA)
This program is mandatory under the CUA and only available through the CUA LSP Data#3, who manages all business transactions for all license purchases. Other entities on the approved register of who can buy from CUAs such as charitable institutions are not qualified to access the CUA.
Agencies have the option of:
- Microsoft perpetual EA – suitable for State agencies that wish to standardise on a choice of the Microsoft enterprise products across their desktops
- Microsoft subscription EAS – suitable for State agencies that prefer to subscribe to, rather than purchase, Microsoft software licenses, as they would do under an enterprise agreement.
The baseline package includes:
Microsoft 365 E5
Microsoft M365 E5 combines productivity apps with advanced security, compliance, voice and analytical capabilities.
Includes:
Word, Excel, PowerPoint, Outlook, OneNote, SharePoint, OneDrive, Microsoft Teams, Power Bi Pro and Windows
Features unique to Microsoft 365 E5 –
Active Directory Premium 1 and 2
Microsoft 365 Defender
Microsoft Defender for Endpoint
Microsoft Defender for Identity
Microsoft Defender for Cloud Apps
Azure Information Protection Plan 2
Information Protection and Governance
Microsoft Purview Insider Risk Management
Microsoft Purview eDiscovery
Built-in non-Microsoft connectors
Microsoft Teams Audio conferencing
Microsoft Teams Phone Standard
Power Bi Pro
Microsoft Cloud Application Security Azure Security (Consumption Based): Azure Security Centre
Security for servers and virtual machines in IaaS, On-Premise, other Cloud environments
Azure Sentinel
Security and whole of government security information and event management (SIEM), delivers monitoring, reporting, intelligent security analytics and threat intelligence across the enterprise.
Microsoft Open Programs are no longer supported by Microsoft as 1 January 2022
Previous programs Microsoft Open License Program (MOLP) and Microsoft Open Value for Government Program (OVG) are not included as offered programs under this CUA. CSP (Microsoft Cloud Solution Provider Program) is out of scope of this CUA. If procuring CSP, procure in accordance with Western Australian Procurement Rules
- Open Government Licence program offers federal, state, local and other government agencies substantial discounts over commercial customers. An initial minimum purchase of five Microsoft Open Licence Program licences of any type is required to establish a registration. The registration and authorisation number remains active for two years. After establishment, there are no minimum purchases required within the two year period.
Microsoft Campus and School Agreement (CASA) – education sector
Show moreA Campus and School Agreement (CASA) has been established between the Contract Authority and Microsoft Australia. The CASA, including any amendments agreed between the Contract Authority and Microsoft Australia, will apply where applicable to the operation of this contract.
CASA programs are mandatory under the CUA and only available through Data#3, who manages all business transactions for all license purchases.
Each agency has a responsibility to ensure that it achieves the best value for money and chooses the most appropriate option.
The package includes:
Program 1: Microsoft Enrolment for Education Solutions (EES) – Department of Education
The Microsoft Volume Licensing Enrolment for Education Solutions – Department of Education offering provides qualified academic customers a simplified way to acquire Microsoft software and services under a single, subscription agreement. This program may include additional affiliates that satisfy Microsoft criteria for Academic Pricing Qualification.
Program 2: Microsoft Enrolment for Education Solutions (EES) – Department of Training and Workforce Development (including TAFE)
The Microsoft Volume Licensing Enrolment for Education Solutions offering – Training and Workforce Development (including TAFE) provides qualified academic customers a simplified way to acquire Microsoft software and services under a single subscription agreement. This program may include additional affiliates that satisfy Microsoft criteria for academic pricing qualification.
Microsoft Unified Enterprise Support Service
Show moreMicrosoft Premier Service is no longer available to procure for WA government. Microsoft Unified Enterprise Support Service is included under the CUA.
These Services are an end-to-end support solution that allows Microsoft clients to maximize the benefit and value of their software by reducing risk, improving system reliability and improving staff productivity through focusing on people, process and technology.
There are three main components:
- Flexibility and tailored Proactive Services
- Service Delivery Management with an allocated Customer Success Account Manager (CSAM)
- Unlimited Problem Resolution and Advisory Support Services
Other key features of Unififed Enterprise include:
- Services Hub portal access for managing your support & learning needs.
- Incident Manager & Escalation processes
- As needed On Demand Assessments
Clients can obtain Microsoft Unified Enterprise Support directly from Microsoft on an annual, multi-year, or specific term agreement.
Microsoft Azure Marketplace
Show moreAzure Marketplace is a digital catalogue of third-party solutions hosted in the Azure cloud platform.
Customers may access the Azure Marketplace following market testing where these solutions represent value for money.
Although these solutions integrate with Azure, a Marketplace Publisher may provide their own Publisher Terms, or you can leverage the Standard Contract for Microsoft commercial marketplace or the Standard Application License Terms.
For further information on buying rules guidelines for the Azure Marketplace, please refer to the Online Marketplace Purchasing Guidelines.
Applicable General Conditions of Contract
Show moreThe General Conditions of Contract August 2018 applies to Panel A of this arrangement.
Buying rules
Show moreEligibility
A1 - whole-of-government sector
State agencies must meet all three of the following eligibility criteria:
- Revenues/profits must go solely to the state, not private shareholders
- Exempt from corporate tax
- Less than 50% of funding is derived from commercial activities (i.e. over 50% state funded)
A2 - education sector
The State agency must meet the Academic Qualified Educational User definition requirements.
Go to the Microsoft Licensing Terms and Documentation page for more information.
Buying mechanisms
The discount off the Microsoft Estimated Retail Price for this CUA is fixed so buyers can pick and buy the specified products from Data#3 without calling quotes or tenders.
Agencies can seek clarification from the contract manager
| Services | Buying rule | Status | Mechanism |
|---|---|---|---|
| All volume licensing programs | Direct purchase - 'pick and buy' (no maximum value) | Mandatory | LSP is accessed directly for all licensing programs and services |
| Open license programs | Per Western Australian Procurement Rules | Non-mandatory | Procure in accordance with Western Australian Procurement Rules. |
Buying other Microsoft products and services
Other Microsoft products/services available through this CUA may have viable alternatives available in the market. This includes CRM and ERP products as well as cyber security products that provide alternative fit-for-purpose functionality to the Microsoft product bundles.
Agencies must consider these other products/services with an appropriate level of due diligence in terms of market research and/or testing where viable alternatives exist.
Refer to the buying rules below for the minimum requirements to purchase these other products/services.
| Services | Buying rule |
|---|---|
| Public cloud IaaS and PaaS | Refer to the Cloud Procurement Guidelines |
| Public cloud SaaS | Refer to the Cloud Procurement Guidelines |
| On-premise software – existing software | If an agency’s requirement is to continue the use of, or enhance an existing Microsoft solution, the additional products, licenses and support and maintenance may be purchased direct under the CUA. |
| On-premise software – new software | If an agency’s requirement is to purchase a new solution, it must be purchased in accordance with Western Australian Procurement Rules. If a Microsoft product is recommended through the competitive procurement process, the products, licenses and support and maintenance should be purchased under the CUA. |
| Professional Services | Premier Support Services / Unified Support – Direct purchase under the CUA |
| Azure Marketplace | Direct purchase up to the value of $50,000. Should agencies wish to purchase products or services from the Microsoft Marketplace valued over $50,000, they must do so in accordance with the Western Australian Procurement Rules. |
Other policy requirements
Show moreBuyers should be aware of the following requirements under the Western Australian Procurement Rules and Treasurer’s Instruction 820, and whether or not they are applicable to purchases from this CUA:
Procurement planning
| Requirement | WA Procurement Rules |
|---|---|
| Buyers must prepare a procurement plan and submit it to the State Tenders Review Committee | No, not when buying under this CUA |
| Buyers must involve Finance | No, buyers do not need to involve Finance when purchasing from this CUA. (WA Procurement Rule C1) |
| Buyers must obtain approval from an authorised officer of the Department of Finance to purchase through an alternative arrangement to this CUA |
Yes, for all values and delivery locations where the purchase of goods and / or services under the CUA are mandatory (WA Procurement Rule C2.2). Please note that State agencies are not required to request advice or approval from Finance, regardless of value, to purchase from an ADE or an Aboriginal Business (WA Procurement Rule C2.2) |
Request development and contract formation
| Requirement | WA Procurement Rules |
|---|---|
| Buyers must prepare an evaluation report |
Public Cloud SaaS, new software (on-premise or SaaS), Azure Marketplace: An evaluation report must be developed for all contracts valued $50,000 and above (WA Procurement Rule D7(1)) The detail of an evaluation report must be commensurate with the value, risk and complexity of the contract (WA Procurement Rule D7(2)). Other CUA purchases: No, not when buying under this CUA. |
| Buyers must submit an evaluation report to the State Tender Review Committee | No, not when buying under this CUA |
| Buyers must publish details of their purchase on Tenders WA | No, not when purchasing from this CUA (WA Procurement Rule D8.1(3)) |
| Buyers must record the purchase on the agency’s contract register, as instructed within the buying agency’s financial management manual | Yes, for all purchases above $50,000 (WA Procurement Rule F5), unless alternative arrangements have been approved under WA Procurement Rule F5(6) |
Contract management
| Requirement | WA Procurement Rules |
|---|---|
| Buyers must prepare a contract management plan. | Contract management or project management plans must be developed for all Procurements with a Total Estimated Value of $5 million and above (WA Procurement Rule E1(1)), unless exempted under WA Procurement Rule E1(2). |
| Buyers must publish details of contract variations on Tenders WA. | Not when purchasing from this CUA. |
| Buyers must seek advice from Finance on variations. | No, State agencies do not need to seek advice from Finance on variations. |
Exemption from using this CUA
Finance is responsible for processing and approving all requests from State agencies seeking exemption from using a mandatory CUA. Requests for an exemption are considered on a case-by-case basis, and a requesting agency must be able to demonstrate that a business need cannot be adequately met by the relevant CUA.
Exemption requests should be directed to the Assistant Director Procurement Frameworks through an email to the contract manager in the first instance. Requests for exemption must be in writing via email and provide sufficient explanation and background to enable the request to be considered. The requesting officer should be the Accountable Authority or delegate of the agency.
For guidelines on what to include in an exemption request, please refer to the Purchase from a CUA or my Agency’s Panel Arrangements Guideline.
Sustainability
Show moreHow does this CUA impact on people and planet?
As part of the tender process, the contractor on this arrangement has provided details of, and has been evaluated on, its corporate social and environmental responsibility, and the initiatives it has in place to support this.
Data#3 and Microsoft operates an Environmental Sustainability Policy, integrating a philosophy of sustainable development into its business activities and promoting responsible environmental practices throughout its operations.
Who supplies what
Show moreThe matrix below lists all contractors on the CUA and the goods/services they have been contracted to provide.
| Contractor | Microsoft Licensing Programs - whole-of-government sector | Microsoft Campus and School Agreement (CASA) - education sector | Microsoft Premier Services |
|---|---|---|---|
| Data#3 | Yes | Yes | No |
| Microsoft | Yes | Yes | Yes |
Making the most of this contract
Show moreThe current Whole-of-government EA (2020-2023) allows for annual adjustment for agencies, no longer requiring inter-agency license transfers.
Use this CUA for:
- assistance with the optimisation of your licences, with annual reviews to determine the most appropriate licences
- guidance on product usage rights, structure solutions and more
- to ensure your agency stays compliant with software licence requirements
- for access to software assurance benefits and optimised use of these benefits.
A State agency that has never previously had an Enterprise Agreement and meets the eligibility criteria may join the Whole-of-Government EA program as a true-up at any time. Contact the contract manager for further information.
What will it cost?
Show morePricing
This CUA operates on a fixed discount off the Microsoft Estimated Retail Price.
Contact Data#3 for the price schedule.
Payment by Purchasing Card
The government Purchasing Card offers a quick and convenient method of payment allowing many goods and services to be efficiently purchased.
Always remember to inform the supplier that you will be paying by government Purchasing Card, at the time of ordering the product or service, and ensure they clearly understand that they must send the tax invoice directly to you, the cardholder.
Note: The Contractor must not impose a surcharge on the Customer for payment by credit in accordance with 21.6 - Method of Payment of the General Conditions of Contract (August 2018).
How do I buy?
Show moreBuying direct
Prices for this Common Use Arrangement (CUA) are pre-negotiated, so you can pick and buy the specified products from Data#3 without calling quotes or tenders.
Contact Data#3 for the price schedule and to place your order.
After I buy
Show moreActive contract management pays off
- check your invoices to ensure they are correct
- use this CUA to optimise your licences with annual reviews to determine the most appropriate use of licences such as fitness-for-purpose or whether to move to cloud online services
- flexible licensing options including ability to ‘true down’ via annual adjustments
- keep up to date with Microsoft incentives, new licences or technology and changes to existing licences to government agencies
- use this CUA to remain compliant with the Office of Digital Government’s strategies and policies
Contractors
Data#3
Show moreContact details
About us
Account managers
| Name | Telephone | |
|---|---|---|
| Chris Smith | 61 4 29 794 440 | chris_smith@data3.com.au |
| Grant Nixon | 61 4 10 100 861 | grant_nixon@data3.com.au |
| Helen Murphy | 61 4 06 290 910 | helen_murphy@data3.com.au |
| Rod Belardo | 61 452 500 773 | Rodrigo_Belardo@data3.com.au |
Microsoft
Show moreContact details
About us
Account managers - Licensing
| Name | Telephone | Accounts | |
|---|---|---|---|
| Glenn Winton | 61 4 19 518 549 | glennwi@microsoft.com | State Government Lead |
| Michael Gadsden | 61 4 48 589 500 | mgadsden@microsoft.com | Health, Communities |
| Nichole Maassen | 61 4 05 450 283 | Nichole.Maassen@microsoft.com | Police, Justice, DFES |
| Sheldon Jones | 61 4 57 517 572 | sheldon.jones@microsoft.com | Education, DTWD |
Account managers - Unified Support Services
| Name | Telephone | Accounts | |
|---|---|---|---|
| Shruti Choudhary | 61 4 25 782 929 | shrchoudhary@microsoft.com | Justice, Finance, ODPP, Legal Aid |
| Chiara To | 61 4 21 553 110 | chiarato@microsoft.com | Health, Communities |
| Steve Bank | 61 4 37 884 506 | stevebank@microsoft.com | Main Roads, PTA, DoT, DPC, ICWA |
| Farai Donhwe | 61 4 30 093 785 | farai.donhwe@microsoft.com | Police, DFES, DLGSC, DPLH |
| Georgina Isaac | 61 4 81 996 063 | gisaac@microsoft.com | Education |
| James Maddern-Watson | 61 4 17 070 808 | james.maddern-watson@microsoft.com | DEMIRS, DPIRD, Landgate, DWER |
