figures are now known to the general public. The budget of construction Copernicus reach 1.8 billion euros. It was originally planned at 0.9 billion euros, with the aim to increase electronic links with taxpayers. So a doubling of the amount originally expected to bear the own finance ministry's budget.
Such a doubling is not an isolated case. Still in the same department, IT project Chorus saw their budgets increase from 0.55 to 1.1 billion euros, with delivery expected in 2011, a year late (The Tribune - 25/11/2008 ).
In truth, such a doubling of the budget n'émeut few specialists because it has become the rule for IT projects. It is not uncommon to hear invoke the "constant Copernicus to escape criticism, see its responsibilities.
In the laudable goal of tackling this particular problem, the Legal Department of Minefi began drafting a new General Conditions of Contract dedicated to Information Technology and Communication ( GCC-ICT). The consultation on the GCC-ICT ended September 29, 2008, scheduled for publication before the end of 2008.
Essentially, the changes involve the appearance of the transfer of intellectual property rights and especially new or updated definitions.
Thus, the concept of "reserves" is introduced in the draft. This is crucial because it avoids the rule "all or nothing", which is in contradiction with the facts: Many computer systems do not work perfectly but are still used. How can we ignore this in the contracts?
The concept of "quality of service "is defined by comparing the level of service rendered with that specified in the service level agreement. It also helps to overcome the "all or nothing".
their appearances are still the "reversibility" or "portability", which means the act of return or transfer of responsibility, which the contracting authority takes over, or taken back by a new owner, the benefits which he had entrusted to the contractor outsourcing come to an end.
Frankly, all these notions are well known and widely used by professionals in the IT industry when they act outside the Public Order. It's the same in terms of transfer of intellectual property rights. However, the famous constant Copernicus rife with the same force.
Does this mean that the practices are more important than the contracts? This is likely to hinge the two worlds that the deposits of progress remain to be explored. It is certainly a good reason for IT Professionals and lawyers work more effectively as a team.
Michael Pasotti - Lawyer at the Paris Bar - Doctor of EconomicsParis, on 03/12/2008
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