An official website of the State of Oregon
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Document your business requirements and review the Oracle
product catalog (below).
Research vendors to determine the best product for business need (e.g. 5-year Total Cost of Ownership
estimate, Fit-Gap, and if a Stage Gate Review Process is required, connect with the Enterprise IT Governance Office.)
Submit an Oracle product/license request.
The settlement specifically excludes local governments, school districts, and universities. The products under the ULA and OMPA are only available to state “agencies” who meet the following four conditions: (i) created by Oregon law, (ii) authorized to exercise sovereign power or perform governmental duties, (iii) expend appropriated funds; and (iv) have consented to abide by terms of ULA. For all intents and purposes, this includes the majority of Executive, Legislative and Judicial branch agencies, board and commission (“state agencies and instrumentalities”), including Constitutionally-elected Offices such as the Secretary of State, Department of Justice and State Treasurer.
The IAA ensures that your agency has reviewed and agrees to the terms of the ULA, legally entitles you to deploy the products contained under the ULA, enables the CIO’s Office to conduct periodic audits and lays the necessary foundation for certification of the ULA.
At this time, Oracle has not made an Account Executive available to the state of Oregon.
Yes, under the terms of the settlement, agencies identified under Exhibit B are required to continue support payments for any products available under the ULA or Oracle Master Price Agreement (OMPA) throughout its duration; i.e., until June 30, 2022. During ULA deployment period, an agency may upgrade its existing Oracle base or install new products under the ULA or OMPA at no additional cost. However, its preexisting payment obligations continue even if an agency discontinues use of the covered Oracle product components (e.g., an agency move from Oracle database to SQL). These payment obligations are considered part of the “total support stream” under the settlement. For Oracle products not covered by either the ULA or OMPA agencies need only fulfill their original payment obligations.
While the state is under no obligation to continue software update and license support with Oracle, the settlement provided the option for an additional three years of maintenance at a substantially reduced rate. For the first year following June 30, 2022 maintenance for the state will be equal to the lesser of $11.4 million (to be allocated among all state agencies) or 7.7% of the list license fee for each individual product component deployed under the ULA (“twenty-two percent of the list license fee for each individual product component deployed under the ULA, discounted by sixty-five percent”). For the renewal years commencing in 2023, 2024 and 2025, the annual maintenance is capped and will not increase by more than 2% year over year.
Failure to maintain software support on pre-existing licenses covered under the ULA constitutes a breach of the ULA by the State of Oregon, and will result in an early expiration for all agencies of the unlimited deployment period for the product components linked to the “support stream” failure (i.e., this would accelerate the June 30, 2022 deployment and certification deadline). Effectively, this would result in an immediate Oracle audit and make the product components related to the breach unavailable to the state of Oregon under the ULA. An Oracle database-related-breach for example, would eliminate much of the settlement’s value.
The ULA and OMPA represents more than 200 products, representing a substantial subset of the Oracle catalog and a number of business capabilities. Additionally, the settlement provides a seventy percent (70%) discount on specified Oracle products not covered by the ULA or OMPA through a pricehold agreement applicable to five separate Oracle pricelists, including: the Oracle Technology Global Pricelist (07.21.2016); the PeopleSoft Component Global Price List (06.16.2016); the Oracle Business Intelligence Applications Global Price List (06.01.2014); Oracle E-Business Suite Applications Global Price List (03.29.2016); and the Oracle Primavera Global Price List (01.22.2015)—representing hundreds of additional products. Please note. Oracle product components subject to a pricehold agreement and not included under the ULA/OMPA are required to complete the standard procurement process.
No, the OSCIO remains committed to working with agency business leads through the Stage Gate process as they evaluate the appropriateness and feasibility of implementing products contained in the ULA. That said, in order to ensure stewardship of public funds, all agencies will be required to evaluate products contained within the ULA as part of the alternatives analysis with their detailed business case (as currently required for Stage 2 endorsement)—considering benefits, costs, and risk. In addition to a detailed business case, agencies will be also required to conduct an Enterprise Fit-Gap analysis that determines whether the business requirements they have articulated for a particular IT initiative are met by products within the enterprise IT portfolio, including: the ULA/OMPA, existing statewide IT price agreements and current systems in production. In conducting the analysis, agencies will be asked to evaluate each of their business requirements and makes one of three determinations:1. Fulfills with configuration. Products within the enterprise IT portfolio fulfill the business requirement with configuration.2. Development required. Products within the enterprise IT portfolio fulfill the business requirement with development tools and modifications consistent with best practices that do not impede the ability to upgrade the system.3. Customization required. Products within the enterprise IT portfolio do not fulfill the business requirement without modifying the core logic and/or data schemas of the delivered system, thereby sacrificing future upgrades.
The terms of the settlement do not provide for technical assistance to assess the suitability of or assist in the deployment of Oracle products available under the ULA/OMPA. If these services are required, the agency will have to obtain them through the standard procurement process. Neither the settlement agreement nor the ULA/OMPA establish limitations on the vendors who are available to bid on this work.
No, the Department of Justice (DOJ) and settlement counsel have advised our Office that agencies in this position will need to make their maintenance and support obligations current before availing themselves of the same product components under Oracle ULA and OMPA.
No, not at this time.
Yes, agencies must maintain current maintenance obligations through the term of the ULA. The settlement freezes payments for the ULA period, and supersedes extant contracts in this regard—even if you discontinue using the product. However, you can at any time upgrade to the newest versions of the products under the ULA or deploy additional products at no additional cost. There is no “double payment”. When the ULA ends on June 30, 2022 your maintenance obligations will end. You will retain perpetual rights to the products you have deployed on that date and may then opt to buy maintenance at the discounted rate.
The state will retain perpetual rights to the specific products (measured by licensing metric and quantity) that are “installed” and “in-use” as of June 30, 2022. To obtain this benefit, the state must accurately certify usage as of that date, which is why it is critical to establish our baseline, determine our existing licensing metrics and entitlements and implement the necessary IT Asset Management practices necessary to successfully certify and maximize the value of the ULA.
The agencies identified in Exhibit B are already subject to the terms of the settlement. Agencies not listed above who go through the onboarding process described later in the FAQs may be added to Exhibit B and may then take advantage of the ULA and OMPA.
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