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 --