Subject: BMC Update
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked], [email-masked]
Date: Tue, 12 Dec 2000 08:43:00 -0800 (PST)

Steve/Chaz - 

I have taken your EBS Professional Services contract through our contracts 
folks, and we have ended up with it now being in EBS' contracts dept w/one of 
your attorneys.  Our contracts Director, Tom Moore, and I spoke w/Eric Merten 
(PDX) early this afternoon, and he now has the contract.  EBS may have some 
Intellectual Property issues related to ownership of BMC Consultant-developed 
materials (while being paid by Enron).  Eric is in the driver's seat with the 
contract at this point.  

I have sent notes to all of the Net Works directors currently engaged in one 
form or another with BMC product and/or personnel.  In it, they have been 
requested to help us understand our opportunity from a number of angles:  
Application(s) considered, attractiveness of the new pricing, attractiveness 
of the BMC flexibility w/regard to "purchase commitment", etc.  In addition, 
I have re-iterated the time urgency.

I have followed up the note w/telephone calls & messages to all of them:  
Doug Cummins, Randy Matson, Bob Martinez, Jim Ogg, and Bruce Smith.  I am 
meeting with Bob Martinez on Wednesday at 3pm.  Matson, Ogg, and Smith have 
me in their voicemailbox, Cummins was in a meeting and he said he would call 
me back.

Would either one of you please let me know what BMC wants EBS to do for 
them:  how much do they want you to guarantee them in BMC revenue?  Are you 
still looking at a $13MM TCV over 5 years?  Have I properly conveyed the 
"accepable-to-BMC method" of proving purchase commitment from Enron?  Your 
note re:  getting the Prof'nl Svcs contract signed says it has to be done by 
6pm the 14th...what if you don't get it until the morning of the 15th?

I will call you to follow up on this note.

Thank you,

Jeff Youngflesh