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[gtld-council] PDP05 - renewals

  • To: <gtld-council@xxxxxxxxxxxxxx>
  • Subject: [gtld-council] PDP05 - renewals
  • From: "Philip Sheppard" <philip.sheppard@xxxxxx>
  • Date: Wed, 25 Oct 2006 13:11:06 +0200

I wonder if we need to have clearer wording on the question of renewals?
I recall our target was to not have presumptive renewal but some expectancy for 
a good
performer and also to allow for re-bids at the time of renewal.
One of these ideas is currently expressed in 4.4 but not the other:

4.4 reads:
"There should be renewal expectancy.  A contract would be renewed provided that 
the license
holder is not in material breach of the contract, or has not been found in 
non-performance of the contract, and provided the license holder agrees to any 
new framework
contract conditions that are reasonably acceptable.    Any new framework 
contract would take
into account the Consensus Policies in place at that time".

Perhaps we should re-phrase as follows:
4.4 "There should not be presumptive renewal but renewal expectancy combined 
with the
possibility for others to bid.  An incumbent would have a degree of renewal 
expectancy as a
result of a good track record and because the re-bid would be judged on both 
price and
non-price elements. (An incumbent might lose expectancy if they had been in 
material breach
of the expiring contract, or had been found in repeated non-performance of the 
contract). The new contract for the winning party would adopt the latest 
framework contract
conditions which would include the Consensus Policies in place at that time".

I hope this captures our TF discussions. Please comment if you disagree to this 
as time is
running short!


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