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IT procurement and outsourcing

No New Zealand legal firm has more experience in assisting clients to achieve successful outcomes in large scale IT procurement projects than Kensington Swan. Our dedicated IT team specialises in the law around complex procurement and outsourcing projects.

IT procurement

We have a solid track record of delivering successful outcomes for government agencies and large organisations on an extensive range of IT procurement projects. We know what works and what pitfalls to avoid, helping clients to reduce their risk.

We have worked on some of New Zealand’s biggest procurement projects and have extensive international experience. Our knowledge of complex procurement models means you will receive the best result possible, in the context of global best practice.

Procuring significant IT systems and services through a competitive process is one of the best ways of achieving value for money. We can simplify the legal complexities you may face and design procurement processes that encourage suppliers to compete to deliver cost-effective outcomes for your project.

IT outsourcing

Procurement and outsourcing programmes need expert lawyers who are committed to being available as and when you require them. Kensington Swan’s depth of resource enables us to be accessible and responsive to your project needs.

Our approach will commit your suppliers to delivering the outcomes you need to succeed. If suppliers don’t honour their commitments, tailored, effective remedies will be available.

We believe that customers should not pay full price if a promised service is not properly delivered. Our contracts typically provide price rebates where suppliers fail to perform to required standards. Clear, concise contracts give you confidence that you will receive the outcomes and systems you expected and paid for.

Recent experience

Department of Corrections

In early 2010 we advised on three major IT projects for the Department of Corrections involving the outsourcing of IT services in three key areas of its business:

  • IT infrastructure management.
  • Telecommunications.
  • Software development and support.

Our client wanted to engage capable suppliers for each of these areas. We ensured that the contracts the Department had with these suppliers provided effective protection if the services were not delivered or performed as required.

We reviewed and revised the specialist service contracts, evaluated supplier responses and assessed risks, conducted contract negotiations with shortlisted suppliers, ensured compliance with government procurement rules, and finalised the contracts with the suppliers. This was the largest IT outsourcing project in New Zealand in 2010.

Our contracts allowed the Department to tighten the level of service requirements in the IT area, giving them better access to services and reduced risk in software development, while achieving worthwhile cost reductions.

Ministry of Education

Kensington Swan assisted the Ministry of Education to negotiate arrangements for its Software in Schools project. Under the project New Zealand schools access software products from suppliers such as Microsoft and Apple.

We contributed to this successful project by drafting and negotiating contractual arrangements that enabled schools to obtain software products on favourable terms and at significant discounts.

New Zealand Government

Kensington Swan advised the New Zealand Government team that negotiated all-of-government arrangements for the use of Microsoft software products in government agencies. The team was also actively involved in negotiating the legal terms of the arrangements with Microsoft.

Microsoft engages strong, experienced, and skilful negotiators to conduct their contract negotiations. Our team is experienced with Microsoft licensing models and contractual frameworks and we understood the strategies likely to be adopted by Microsoft. This helped the Government to negotiate contracts that resulted in government agencies saving about $9 million over the three-year term of the arrangement.

Meridian Energy

We assisted Meridian in the design, development, and negotiation of an enterprise-wide procurement of IT infrastructure support services and application support and development services. These projects were key to Meridian's strategy to obtain value for money and to enable it to focus on business rather than technical service delivery. We assisted Meridian to negotiate contracts that addressed complex service level requirements, secured business value improvement, and provided built-in flexibility for the client. Our team was actively involved in parallel negotiations with prospective suppliers, ensuring that the bid process remained competitive until a final agreement was reached.



Related legal services

Technology law
e-Commerce law
Telecommunications law

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