All taxes, duties and charges imposed or levied in Australia or overseas in connection with the performance of this agreement will be borne by the supplier.
Microsoft Enterprise Agreement Contract
Range of products and services
The Microsoft Enterprise Agreement covers the enterprise enrolment, enterprise subscription enrolment and the server and cloud enrolment (SCE). In the new enterprise enrolments, customers can buy on-premise licences as well as cloud services, such as Office 365 and Azure.
This agreement also covers Microsoft development services and professional services.
There is a distinction made between enterprise products that are available with an organisation-wide purchase commitment, versus additional products that usually do not require such a commitment.
If you have an enterprise enrolment under your EA, enterprise products must be licensed on an organisation-wide basis and may be ordered in groups of products known as enterprise platforms.
If customers order enterprise platforms they will get the benefit of centrally negotiated discounts.
Enterprise platform combinations
- Windows Enterprise edition upgrade with MDOP
- Microsoft Office Professional Plus or Microsoft Office 365 Pro Plus or Office 365 E3
- Microsoft Core Client Access License (CAL) suite or Microsoft Enterprise Client Access License (CAL) Suite or Microsoft Core CAL Bridge for Office 365 (depending on the choice of the cloud products above)
The Windows enterprise operating system (OS) is available to Microsoft software assurance customers. Windows enterprise users can take advantage of features that are not available in Windows Professional for example. These are listed in the available Microsoft product terms.
The Microsoft Desktop Optimization pack (MDOP) is a suite of technologies available as a subscription for software assurance customers. MDOP virtualization technologies help personalise the user experience, simplify application deployment and improve application compatibility with the Windows operating system (UE-V/App-V/MED-V). MDOP helps you manage and secure your device, enabling monitoring and deployment of key Windows features (MBAM/AGPM). Using MDOP shifts desktop repair from reactive to proactive, saving time and removing challenges associated with troubleshooting and repairing system failures (DaRT).
Office Professional Plus typically includes, but may change depending on version:
Core CAL suite with active software assurance coverage provides rights equivalent to the following servers at their latest version:
- Windows Server CAL
- Exchange Server Standard CAL
- Systems Centre Endpoint Protection
- Skype for Business Server Standard CAL
- SharePoint Server Standard CAL
- System Center Configuration Manager Client Management License
Enterprise CAL Suite with active software assurance coverage provides rights equivalent to the following:
- all of the current components of the Core CAL Suite
- Exchange Server Enterprise CAL
- SharePoint Server Enterprise CAL
- Skype for Business Server Enterprise CAL
- Windows Server Rights Management Services CAL
- System Center Client Management Suite
A broad selection of Microsoft products and services are available as additional products.
They may be added initially or at any point during the term of your enterprise agreement, allowing you to easily build and maintain departments or divisions with specific needs and still enjoy volume pricing advantages.
Server and cloud enrolment (SCE)
The SCE is a flexible cost effective licensing program for customers standardising on the Microsoft application platform.
With the SCE, customers get the latest application platform products (defined as server and tools across their organisations on new and existing deployments with lower up-front costs, and significant savings on new IT solutions. They also get access to Microsoft Azure services at advantageous rates.
To benefit from a SCE, customers need to commit their application platforms entity-wide and will need to purchase certain minimum quantities of:
- SQL Server; (both Server CAL or per Core, except SQL Enterprise Server) and/or
- Visual Studio (Premium editions)
- BizTalk® Server
- SharePoint Server
- Core Infrastructure service which includes
- Windows server datacenter plus systems centre datacenter
- Windows server standard plus systems centre standard
Customers can order Azure on its own in an SCE.
Key contract features
Customers may enter into an enterprise agreement.
With the enterprise agreement you can decide if you want to take advantage of various enrolments, the most well-known perhaps is the enterprise enrolment. With the enterprise enrolment, you can choose to run PC and device software across your organisation. Such organisation-wide implementations help you reduce device and user management and support costs. You can also take advantage of the server and cloud enrolments (SCE).
The cost of your enterprise enrolment may be spread across 3 annual payments, helping you predict future budget requirements. Should you add new users or devices during your enterprise agreement, you can equip them with software you are already using and then account for these changes once a year through an annual reconciliation process.
The enterprise agreement helps you simplify software licensing, budgeting, and administration with a single agreement through which you can manage all your Microsoft software. All on-premises software purchases include software assurance benefits that you can use to plan deployments, ready your users for new software, and support Microsoft products and services without incurring additional costs.
You can choose to either buy your software licenses via the enterprise agreement's enrollments or subscribe to licences via optional enterprise subscription programs.
Enterprise subscription programs
In addition to the enterprise agreement, Microsoft offers optional enterprise subscription programs for companies that want to subscribe to, rather than purchase Microsoft products.
Enterprise subscription programs provide similar advantages as the enterprise agreement enrolments and give you a lower initial cost based on a 3 year subscription, and the ability to increase or decrease subscription counts on an annual basis.
This can be an attractive feature, especially if you expect significant fluctuations in workforce size and IT requirements.
However, unlike the enterprise agreement enrolments where you retain perpetual use rights for the licenses you purchase, with these subscription programs you gain access to Microsoft software only for as long as you maintain your subscription.
If you decide not to renew, you relinquish your rights to run the software, unless of course you choose to acquire your licenses through the program’s 'buy out' option.
Over the life of your enterprise agreement, you can equip additional devices, PCs or users with software you have already licensed, and then account for these additions through an annual reconciliation process sometimes called 'True Up'.
If you have an enrolment with an enterprise subscription program this process is known as an 'annual order', through which you can increase or decrease your license subscription counts in accordance with any increases or decreases in your workforce size and IT devices.
Once a year, you are asked to reconcile your enterprise agreement licenses to account for the total number of licenses you’ve added in the previous 12 months.
This effort culminates in an order you place (or an update statement you submit) that reconciles all the qualified devices, users, and processors added to your organisation over the course of the year.
The enterprise agreements include software assurance software to help you boost productivity across your organisation with various extra benefits, some product related and others around planning, deploying, maintaining and supporting your IT infrastructure.
See more on the Microsoft website.
Where to learn more:
- Microsoft Worldwide Volume Licensing
- Microsoft Online Services
- Software Assurance
- Microsoft Volume Licensing Service Center
Please contact email@example.com before signing up to a new Microsoft enterprise agreement.
Enterprise enrolment allows committed customers to standardise broadly on the latest versions of Office, Windows, and/or Client Access License (CAL) suites.
The enterprise enrolment lets you choose to deploy cloud services or on-premises software across your organisation.
Enterprise products include on-premises licenses for Microsoft core PC and device products, namely Windows operating system, Office Professional Plus and applicable Client Access Licenses in the form of CAL Suites.
With the enterprise agreement, enterprise products must be licensed on an organisation-wide basis and may be ordered as separate products, or in groups of products known as the enterprise platform.
The Microsoft 365 suite is now also available as a user subscription license (USL) or as an add-on to the enterprise platform.
All Windows operating system licenses provided under the enterprise agreement are upgrade licenses.
This means that buyers will need a base Windows operating system (OS) license on those devices for which you plan to use a Windows upgrade license. You can choose to upgrade to Windows Enterprise operating system.
Server and cloud enrollment (SCE)
SCE components consists of:
- Core Infrastructure (CIS SKUs consists of Windows Server + System Center)
- requirements: CIS Coverage for all Windows Servers
- SQL Server
- full Software Assurance coverage
- Visual Studio Enterprise, Visual Studio Test, Visual Professional and MSDN Platforms
- requirements: full Software Assurance coverage
- All Microsoft Azure Cloud Services
- requirements: this can be licensed Standalone
To enrol, an installed-base-wide commitment, or a monetary commitment in the case of Microsoft Azure, is required to one or more of the 4 SCE components. The following are also required:
- Enterprise Agreement: Although you need to sign an Enterprise Agreement, an Enterprise Enrollment for Desktop isn't needed to qualify.
- Annuity coverage: 100% Software Assurance or Subscription coverage is required on your installed base for each product family that you commit to. This includes those licences that weren't covered by Software Assurance when you entered the program.
Pricing can be obtained from your Microsoft LSP (Licensing Solution Provider).
Agency savings opportunity
NSW Government discounts apply and you can get quotes from the authorised Microsoft Licensing Solutions Providers listed under 'Approved suppliers' above.
For expenditure over $150,000 per year a minimum 3 quotes is mandatory. It is also recommended agencies seek quotes for expenditure less than $150,000 per year.
Eligibility to use contract
This contract is available to NSW Government agencies only.
NSW Government agencies means:
- all NSW Government sector agencies and any other service of NSW Crown
- any other NSW Government agency/public body/authority constituted by or under NSW legislation or that exercises public functions, provided it meets the “state control” test
- any public health organisation or NSW Health Service
- any health service, public hospital in NSW, other health organisation or entity subsidised by Ministry of Health provided it meets the “state control” test
- “state control” test 3 criteria - to qualify, the agency needs to answer yes to all of the following:
- revenues/profits of the organisation go solely to the state (rather than also to private shareholders)
- the organisation in question is exempt from corporation tax
- the organisation is financed more than 50% by the state and/or the commonwealth in that it derives less than 50% of its funding from commercial activities.
Buyers should also consider if their organisation falls under the Microsoft categorisation of academic licensing, which will provide higher discounts and lower pricing.
Complaints and disputes
If case of a dispute, both the buyer and the supplier must use their best efforts to resolve it.
The buyer should speak to the supplier's customer service representative first. If they can't solve the matter together, the buyer should then contact NSW Procurement.
If the dispute cannot be resolved by mutual agreement of both parties in consultation with NSW Procurement, it will be referred for expert determination. This more formal process will need a higher level of detailed documentation, correspondence and records.
The suppliers listed below are authorised Microsoft Licensing Solution Providers (LSPs) and are registered on the ICT Services Scheme.
Contact details for these suppliers can be located on the ICT Services Scheme.
- Data#3 Limited
- Datacom Systems (AU) Pty Ltd
- Dell Australia Pty Ltd
- Dimension Data Australia Pty Ltd
- Insight Enterprises Australia Pty Ltd
- Software One Australia Pty Limited
- Winc Australia Pty Ltd
- Rhipe Australia Pty Ltd (not in the ICT Services Scheme)
- Enterprise Services Australia Pty Ltd (formerly known as HP Enterprise)
Code of behaviour
The supplier must, in carrying out this agreement, comply with the codes, policies and guidelines and standards listed in the contract, which includes the Code of Behaviour for the Protection of Children and other Vulnerable People.
The supplier must ensure that all persons working on the site or sites under the contract; including but not limited to the supplier’s employees and managers, consultants and sub-contractors, understand and comply with the requirements shown below:
- All supplier employees must gain permission to enter the school or facility before commencing work and they may only enter approved areas. The supplier’s representative, or where a sub-contractor is working without the supervision of the supplier, the sub- contractor’s representative, must report their presence to the person in charge of the school or facility on arrival each day and record, in the site visit log, the details of all of the supplier’s or sub- contractor’s employees working at the site or sites that day.
- Supplier employees should avoid talking with, touching or interacting with any children or residents or other users of the school or facility, except where the work requires it, or in an emergency or safety situation.
- Supplier employees must only use approved toilets and other facilities, unless the person in charge of the school or facility gives written authority to use alternative arrangements.
- The work area must not be able to be used or accessed by children, or residents or other users of the school or facility while work is in progress. Clear signs and barricades (where appropriate) must be used to prevent any inadvertent or unauthorised access.
- Appropriate privacy must be maintained when working on toilets and similar facilities. Supplier Employees must ensure that toilets and similar facilities are not occupied or in use by children, residents or other users before entering to perform work, and that work does not continue when use of the facilities is required.
- Where practicable male employees should perform work on male facilities and female employees on female facilities.
- Supplier employees must wear clothing that is tidy and in good condition, including a shirt, shorts or trousers or skirts at all times.
- Supplier employees should report any concerns about children’s behaviour or child abuse to the person in charge of the school or facility.
- Supplier employees must wear or carry an identity card at all times when on the site or sites.
There are no online catalogues available under this contract.
Please contact your Microsoft Licensing Solution Providers for a quote.
You can get price quotes from any of the Microsoft licensing solution providers (LSP) listed under 'list of suppliers'.
Microsoft LSPs provide pricing in accordance with the agreed government discounts under this contract.
Microsoft market pricing may change from time to to time, but NSW Government discounts are fixed for products included in an enrolment at the time of signing for the initial term of the enrolments.
Discounts negotiated by NSW Government will be applied to enrolments signed during the terms of the contract.
Government taxes and charges
Third party purchasing
Clause 6 of the Public Works and Procurement Regulation 2019 allows the NSW Procurement Board to provide access to suppliers of public sector bodies to state contracts standing offer agreements for the provision of goods and services. These suppliers are known as Nominee Purchasers. The public sector bodies making the nominations are known as Nominating Agencies.
'Nominee Purchaser' means a supplier to a public sector agency, nominated by the public sector agency to be authorised to place Orders under Standing Offer Agreements for works done as such a supplier and registered by NSW Procurement.
Access of nominee purchasers to NSW Government contracts standing offer agreements:
- is limited to standing offer agreements relevant to the contract between the nominating agency and the nominee purchaser, and which are specifically listed in the nominee purchaser’s registration and
- is for a fixed period of registration, usually ending on the completion of the term of the contract between the nominating agency and the nominee purchaser.
A nominee purchaser must not purchase goods or services under a NSW Government contract standing offer agreement, unless they are related to its obligations under a contract with a public sector agency and are used during the term of such a contract or included or incorporated in works, goods or services to be provided to the public sector bodies.