Is the Research Network legal?
We receive regular inquiries about the relationship between the FM agreement on data communication and the Research Network, here you can read about the rules.
Government institutions (also with the grant form "state-funded self-governing institution" such as the universities) are obliged to use Statens Indkøb's agreements. It appears from "Circular on procurement in the state", CIR no. 9112 of 20.3.2012, §2, para. 3.
In the area of data communication, the State has entered into an agreement with Nianet A/S on 1.1.2012. This agreement must be re-tendered before it expires on 31.12.2015.
Ever since data communication first came on Statens Indkøb's program, it has been recognized that the Research Network's procurement of connections is not covered by the FM agreement. Institutions can also purchase research network connections without conflicting with the procurement circular.
Now that this is the case, however, some institutions have wondered why there is nothing directly about the research network on statensindkob.dk.
The explanation is that it is because it is not necessary at all that it says anything about it.
When a state institution needs a given service, it always has the choice between the State producing the service itself or it being bought out in the city (outsourced). You can therefore decide for yourself whether you want government employees to repair cars, clean, etc., or whether you want to outsource these tasks and buy the service from a private supplier.
This also applies to data communication. Here again, one has the choice between letting the state solve its own needs or outsource. If you outsource, you must follow the circular that says that you must use the FM agreement with Nianet A/S.
But there is also the choice to let internal, state resources solve the task. That the Research Network is such a state activity can be seen from the fact that it is defined in the Finance Act §19.17.06.11.
In other words: Institutions that can be connected to the Research Network have a free choice between using the FM agreement (Nianet) and the research network - also at the same time, if that makes sense.
Detailed information and questions about this can be directed to Martin Bech, email: firstname.lastname@example.org