Supply of Oracle Products CUA0149312

Category A provides for Enterprise Agreements at a whole-of-government level for Oracle products. These are managed at a whole-of-government level but the responsibility and accountability for their ongoing management rests with Agencies. This category covers:

• Access to the e-Business suite (ex RFP2) for new Agencies
• Enterprise Agreements
• Renewals of existing support and maintenance.

Prior to the purchase or top-up of e-Business suite licenses, always contact the contract manager.

Note: Oracle Professional Services are not available under this CUA. Please follow WA Procurement Rules if you are seeking to engage Oracle Professional Services.

Support and maintenance

Buyers are advised to seek Oracle support and maintenance (based as a percentage of the net product price) under the CUA so that the terms and conditions of this CUA apply. Renewals of support and maintenance for existing enterprise agreements or products are renewed directly with Oracle.

Oracle support renewals under the CUA from 1 January 2024 will attract a 5% CPI increase, unless an agency is on the first or second renewal period (i.e. new licenses were purchased in 2020 or 2021) in which they are capped at 5%.

Please note: the CPI benchmark is anticipated to be reviewed by Oracle in 2023.

Buyers can renew support and maintenance for multiple years simultaneously to avoid future CPI increments.

Products available under Category B fall into four areas: 

• software
• hardware
• cloud services, and
• support and maintenance.

Agencies can:

• buy products on an incremental basis or aggregate a purchase
• top up licenses as required
• purchase support and maintenance agreements with new products
• seek discounts above the minimum for volume purchases.

Category B includes the following sub-categories.

Cloud Services

Oracle Cloud can assist to drive innovation and business transformation by increasing business agility, lowering costs, and reducing IT complexity. Oracle Cloud offers a broad and integrated public cloud, with services across the following key areas:

• Software as a Service (SaaS)
  • Oracle Cloud’s SaaS delivers modern cloud applications that connect business processes across the enterprise. Covering everything from enterprise resource planning, human capital management, budgeting & planning, customer experience and more.
• Platform as a Service (PaaS),
  • Delivering the Oracle Database and Oracle WebLogic Server as Oracle Cloud’s PaaS enterprise cloud platform. Built on Oracle technology, helps organizations drive innovation and business transformation.
• Infrastructure as a Service (IaaS)
  • Offering a comprehensive set of infrastructure services – including elastic compute and storage – Oracle Cloud’s IaaS lets businesses run any workload in the cloud. This is a fully integrated environment that has been optimised for the cloud and provides a unified security mode.
• Data as a Service (DaaS)
  • DaaS provides a centralised way to source, manage and furnish data to any business user in an immediately consumable format. Data is provided through a cloud service – connecting business users and applications to a rich set of information to inform business actions. Oracle DaaS takes a vendor-agnostic approach so customers can activate the data in any application or engine of choice.

Note: Oracle Professional Services are not available under this CUA. Please follow Western Australian Procurement Rules if you require to engage Oracle Professional Services.

Systems

Oracle Engineered Systems are core building blocks for Oracle’s data centre and cloud computing offerings. These pre-integrated products are designed to be upgraded effectively and efficiently and to simplify routine maintenance by providing a single solution for software patching.

Database Software

Oracle Database software is designed to enable reliable and secure storage, retrieval and manipulation of all forms of data. A number of optional add-on products are available with Oracle Database Enterprise Edition software to address specific customer requirements.

Some of the Oracle Database Software offerings are:

• Cloud computing and consolidation
  • Oracle Multitenant software option
• Performance and scalability
  • Real Application Clusters
  • Oracle In-Memory Database Cache
  • Oracle Advanced Compression
  • Oracle Partitioning software options
• Data Security
  • Oracle Advanced Security
  • Oracle Database Vault
  • Oracle Audit Vault
  • Database Firewall software options

Fusion Middleware

Oracle Fusion Middleware software is offered via license and subscription based arrangements. These products are designed to form a reliable and scalable foundation on which customers can build, deploy, secure, access and integrate business applications and automate business processes.

Oracle Fusion Middleware software is designed to work with both Oracle and non-Oracle databases, middleware and application software through its open architecture and adherence to industry standards.

Applications 

Oracle Applications provide industry-specific solutions for customers in various industries including communications, engineering and construction, financial services, healthcare, manufacturing, public sector, retail and utilities, among others.

The Oracle Applications Unlimited program includes the Oracle e-Business Suite, Siebel, PeopleSoft and JD Edwards applications software products, among others.

The Applications category includes both Enterprise Performance Management (EPM) and Business Intelligence (BI).

Enterprise Performance Management (EPM)

Oracle’s EPM applications are an integrated, modular suite that supports a broad range of strategic and financial performance management processes and helps unlock business potential.

The EPM applications includes planning, budgeting and forecasting solutions and financial close and reporting solutions.

Business Intelligence (BI)

Oracle Business Intelligence Foundation Suite offers a BI platform for ad hoc query and analysis, dashboards, enterprise reporting, mobile analytics, scorecards, multidimensional online analytical processing and predictive analytics, on an architecturally integrated business intelligence foundation.

Oracle Linux

An open and complete operating environment, Oracle Linux delivers virtualisation, management and cloud native computing tools, along with the operating system, in a single support offering. Oracle Linux is 100% application binary compatible with Red Hat Enterprise Linux.

Support and Maintenance

Buyers can purchase support and maintenance as part of the new product purchases (based as a percentage of the net product price) under Category B of the CUA. Renewals and extensions of existing products should be purchased under Category A.

Exclusions

Implementation and testing services are not available under this CUA. If services are purchased as a separate requirement, the services component should be purchased under ICT Services CUA ICTS2015 and the products component from this CUA.

Note: Implementation and testing services are not available under this CUA. These services are procured through the ICT Services CUA ICTS2021

• Oracle Professional Services
• Implementation and testing services

These services are procured through the ICT Services CUA ICTS2021

Buyers can pick and buy products based on the minimum discount percentage for the product(s) via the eDecision Aid price list/discount schedule.

Buying Process

Category A

• Place an order directly with Oracle by completing the CUA Order Form and emailing it to tim.hurst@oracle.com
• The CUA Order Form is not required for the renewal of support and maintenance of existing enterprise agreements directly with Oracle such as e-Business Suite products.

Category B

• Using the CUA Order Form on Contracts WA, direct purchase from Oracle or seek quotes from the Channel Partners in order to obtain the best value for money.
• If you wish to seek quotes from Oracle and the Channel Partners, please contact the Contract Manager or the Oracle Account Manager in the first instance.
• The CUA Order Form is not required for the renewal of support and maintenance of existing Oracle products directly with Oracle.

Other Oracle products/services

There are a number of Oracle products/services available through this CUA. Some of these products/services may have viable alternatives available in the market (e.g. CRM and ERP products).

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.

Agencies can seek further clarification from the contract manager.

Process to buy from a Channel Partner

Buyers may only engage Channel Partners that are nominated and accredited by Oracle through this CUA for purchases made under Category B (Products) only.

The Channel Partners nominated and accredited by Oracle will carry out all CUA duties required to supply the requested Oracle products. Channel Partners must use the terms and conditions of the Oracle CUA and must not propose alternate terms and conditions.

Exemption from using this CUA

Government Procurement is responsible for processing and approving all requests from public authorities 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.

An exemption to name a proprietary product is not required when renewing or extending support for Oracle products under this CUA. All other exemption requests (including justification for using third party support for Oracle products) should be directed to the contract manager or the Director, Common Use Arrangements in the first instance. Requests for exemption may be received by posted letter or email, but must be in writing 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.

Refer to the Procurement Guidelines for more information on exemptions.

Contract terms and conditions

Agreed changes have been negotiated with Oracle to the Department of Finance’s Request Conditions and General Conditions of Contract (August 2012). Agencies should not agree or sign any alternative terms and conditions unless they have sought legal advice and are comfortable with the variations requested.

A copy of the amended terms and conditions can be accessed on the eDecision Aid (Buyers Guide and Documents section). Approved CUA users can register for access via the eDecision Aid.

NOTE: All buyers must use the CUA Order Form. The agency risks inadvertently accepting additional terms and conditions not covered by the CUA should they use a Contractor’s alternative order form.

Insurances and indemnities, liabilities and releases

The minimum insurance requirements to be maintained by Oracle are:

• Head Agreement
  • Public liability insurance - not more than $20M for any one occurrence and $20M in the aggregate
  • Workers’ compensation insurance in accordance with the provisions of the Workers’ Compensation and Injury Management Act 1981 (WA)
• Customer Contract
  • Public liability insurance - not more than $20M for any one occurrence and $20M in the aggregate
  • Products liability insurance - not more than $20M for any one occurrence and $20M in the aggregate
  • Professional indemnity – not less than $5M per claim and in the annual aggregate

Customers should be aware that limitations may apply to Oracle’s Indemnities, Releases and Liabilities. Please contact the contract manager to discuss applicable limits.

State agencies should be aware of the following requirements under Western Australian Procurement Rules as they apply to purchases from this CUA.  The below table is a summary of the requirements, and State agencies are encouraged to review the WA Procurement Rules.

Procurement planning

Request development and contract formation

Contract management

Exemption from using this CUA

Procurement Frameworks are 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 must 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 Common Use Arrangements Procurement Practice Guideline.

How 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.

Oracle operates an Environmental Sustainability Policy, integrating a philosophy of sustainable development into its business activities and promoting responsible environmental practices throughout its operations.

The matrix below lists all contractors on the CUA and the products they provide. Please refer to the What’s on offer? section for an outline of each category.

Category A: Enterprise agreements/ support and maintenance

The sole supplier under this category is the Oracle Corporation.

Category B: Products

Category B – Distributors

Distributors work with Channel Partners to service all requirements of the Oracle product set. They provide support to Oracle Channel Partners and can be contacted directly if agencies are unsure of the Oracle Partner they should speak to.

Pricing

Pricing information is available in the eDecision Aid.

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 2012).

• You must use the CUA order form to avoid inadvertently accepting additional terms and conditions.
• Choose the best value for money quotation.
• Oracle and the Department of Finance have agreed on changes to the Request Conditions and General Conditions of Contract (August 2012). Agencies should not agree or sign any alternative terms and conditions unless they have sought legal advice and are comfortable with the variations requested. A copy of the amended terms and conditions can be accessed on the eDecision Aid (Buyers Guide and Documents section). Approved CUA users can register for access via the e-Decision Aid.
• Oracle can assist agencies wanting to consider a potential change from an on-premise Oracle product such as the e-Business Suite (ex RFP2) to Oracle cloud service through a consultative assessment workshop process. View the supporting information section for more information.

You can pick and buy products based on the minimum discount percentage for the product(s) on the price list/discount schedule.

Buying process

Category A

• Place an order directly with Oracle by completing the CUA Order Form and emailing it to: tim.hurst@oracle.com
• The CUA Order Form is not required for the renewal of support and maintenance of existing enterprise agreements directly with Oracle such as e-business suite products.

Category B

• Using the CUA Order Form, direct purchase from Oracle or seek quotes from the Channel Partners in order to obtain the best value for money.
• If you wish to seek quotes from Oracle and the Channel Partners, please contact the Contract Manager or the Oracle Account Manager in the first instance)
• The CUA Order Form is not required for the renewal of support and maintenance of existing Oracle products directly with Oracle.

Specialised Products

There are a number of products available through this CUA such as Customer Relationship Management (CRM) and Enterprise Resource Planning (ERP) for which there are viable alternate products available in the market.

Where there are viable alternate products available in the market, agencies should document the justification in the selection of Oracle products over the alternate products such as a open tender process, existing investments in Oracle for compatibility purposes or agencies’ ICT Strategic or Business Plan that supports their ICT investment in the Oracle product.

Agencies should refer to the Western Australian Procurement Rules for guidance and can seek further clarification from the contract manager.

• Check your invoices to ensure the correct price has been charged, before authorising payment
• Manage your contract term – keep an eye on your contract expiry date.
• Test the market on a regular basis to see what the other contractors on the CUA are offering.
• Document any issues as they arise even if they are resolved. This will assist in ongoing contractor performance management.

If you are unable to resolve issues please contact the contract manager.

Customer 2 Cloud Program Guidelines

Oracle provides agencies pre-sale advice through a workshop process for a change from an on-premise Oracle product such as the e-Business Suite (ex RFP2) to an Oracle cloud service.

The objective of the workshop(s) is for Oracle to gather sufficient information on the Agency’s operations, objectives, current level of product utilisation and configuration, customisations, integrations and related issues to enable Oracle to prepare an output document. The process also enables the agency to evaluate the proposed Cloud service, see the solution in action, and undertake Q&A.

The workshop output documents generally include an executive summary, architecture overview, bill of materials, investment pricing, return-on-investment with various commercial options, recommendations and next steps.

Commercial options include utilising Oracle’s Customer to Cloud (C2C) promotion which enables the existing on-premise licenses to be used as a credit towards the cloud purchase, or alternatively purchasing as a non-C2C net new purchase. There are benefits and considerations to each option. A workshop evaluation process will enable both Oracle and the agency to gather required information to determine the recommended commercial option based primarily on value for money.

Benefits for Customer to Cloud (C2C) can include:

• Higher discounts by recognizing the agency as an existing Oracle client
• Shelving of some or all of the client’s on-premise licenses in favour of a cloud solution, whilst retaining the on-premise license for enquiry read-only historical data access
• Pro rata support credit for unused on-premise license support
• A transition period that enables the agency to continue to use the shelved on-premise licenses and receive limited technical support, whilst transitioning to cloud services.

The C2C promotion has additional benefits and considerations which will be determined and discussed through the workshop process.

The assessment workshop process and associated output documentation is the first step in the cloud journey, enabling the agency to make an informed decision and providing the foundation for subsequent later steps for the agency that may include budget preparation, submission to EERC for funding, preparation and release of an implementation services request, assessment and selection of an implementation contractor.

Agencies are recommended to contact the Contract manager for the Oracle CUA, who will in turn liaise with the Oracle Government Account Director to initiate the assessment workshop process.