dimanche 11 novembre 2012

British Government Cabinet Office is selling ITIL and Prince2

A lire sur:  http://www.itskeptic.org/content/british-government-cabinet-office-selling-itil-and-prince2?goback=.gmp_51930.gde_51930_member_181707658

Well its official, they are selling ITIL (and Prince2 and MSP and all the "Swirl" suite). Tweet this. The rumours had been coming thick and fast but now the Cabinet Office has let a tender. A restricted tender: chances are if you are reading this you can't bid.
The Cabinet Office will insist they are not selling ITIL because this is a Joint Venture so they will retain shares. But it doesn't say how many shares. It does say that the venture partner will inject "cash" and then be able to "exploit" the products in "the global market". Sounds like selling to me.
Why can't you bid (or even see the prospectus)? You need to be

the partnership prospectus is directed only at persons who: (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the "Order"); (ii) are high net worth entities falling within Article 49(2) of the Order; or (iii) are other persons to whom the prospectus may be otherwise lawfully communicated (collectively "Eligible Recipients"). Any person who is not an Eligible Recipient may not rely on the Prospectus, and investment in the joint venture company will not be available to such persons... Bidders must sign and return a Non-Disclosure and Competition Process Agreement prior to receiving a copy of the partnership prospectus
And if you can see it you will be bound by non-disclosure. So nasty online journalists for example can't see the details.
I also note that the deal

is excluded from the application of the Public Contracts Regulations 2006 because there will be no contract for goods or services between the successful bidder and the Cabinet Office, and the arrangement will not be a concession.
which sounds like legal weaselese to me: this sure looks like a concession from here.
So now we all watch and pray that the buyer is someone with more than a commercial interest in ITIL and Prince2. Note that it is a single deal with a single partner, so groups like itSMF are unlikely to want to buy the whole suite (as if itSMF had any cash for such a venture anyway - they're on the financial ropes after bailing out chapters). The Cabinet Office have structured this in such a way that only a commercial exploiter such as .... oh say ... TSO or APMG (or a JV) would want to be in it.
It has come to this.

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