+1 from me Tim-Hinnerk Heuer

On 19 November 2014 09:02, Toby Bellwood 
<[email protected]<mailto:[email protected]>> wrote:
+1 from me FWIW

"it does not insert any Open Source Software" - surely that will force them 
back to a rewrite anyway, given that virtually all software has an open source 
component, something more and more vendors are increasingly proud of?


On 19 November 2014 06:53, Cameron Shorter 
<[email protected]<mailto:[email protected]>> wrote:
OSGeo Aust-NZ,
During a recent NSW tendering process (for a spatial software system), we have 
discovered that NSW Government purchasing guidelines actively discourage use of 
Open Source Software.

I propose that the following email is sent on behalf of OSGeo Aust/NZ. Any 
comments, votes for or against?
Vote from me: +1 Cameron Shorter

From: President of the Open Source Geospatial Foundation - Australian/New 
Zealand Chapter
To: [email protected]<mailto:[email protected]>
CC: [email protected]<mailto:[email protected]>

To NSW Procurement Team,

We, the Australian and New Zealand chapter of the Open Source Geospatial 
Foundation, are concerned that NSW Procurement guidelines about Open Source 
Software should be changed.
The guidelines:
* Inaccurately imply Proprietary Software is less risky than Open Source [1],
* Unfairly discriminate against Australian Open Source Software solutions and 
businesses [1],
* Conflict with Australian government policy which directly mandate that Open 
Source and Proprietary Software should be considered equally. [2]
* Increases the cost of NSW Government IT purchases by actively discouraging 
use of Open Source.

Could the NSW Procurement Team please review the current Open Source statement, 
assess the appropriateness of updating to Australian Government Policy 
statements related to Open Source, and respond with your assessment.


Reference 1:

The NSW IT procurement framework (version 3.1) specifically discourses use of 
Open Source software with Major Project System Integration Services.

23 Open Source Software
23.1 The Contractor must ensure that:
(a) none of the Deliverables comprise Open Source Software; and
(b) it does not insert any Open Source Software into the Customer Environment, 
except to the extent otherwise approved by the Customer in writing.
23.2 Where the Customer gives its approval in relation to the use of any Open 
Source Software
under clause 23.1:
(a) the Contractor must ensure that the use of that Open Source Software will 
not result in an obligation to disclose, license or otherwise make available 
any part of the Customer Environment or any of the Customer’sConfidential 
Information to any third party; and
(b) the use of that Open Source Software will not in any way diminish the 
Contractor’s obligations under the Contract, including without limitation in 
relation to any warranties, indemnities or any provisions dealing with the 
licensing or assignment of Intellectual Property.

https://www.procurepoint.nsw.gov.au/before-you-supply/standard-procurement-contract-templates/procure-it-framework-version-31
See:  Module 13A Major project systems integration services

Reference 2:
Australian Government Policy on Open Source Software:

Principle 1: Australian Government ICT procurement processes must actively and 
fairly consider all types of available software.
Australian Government agencies must actively and fairly consider all types of 
available software (including but not limited to open source software and 
proprietary software) through their ICT procurement processes. It is recognised 
there may be areas where open source software is not yet available for 
consideration. Procurement decisions must be made based on value for money. 
Procurement decisions should take into account
whole-of-life costs, capability, security, scalability, transferability, 
support and manageability requirements.
For a covered procurement (over $80K), agencies are required to include in 
their procurement plan that open source software will be considered equally 
alongside proprietary software. Agencies will be required to insert a statement 
into any Request for Tender that they will consider open source software 
equally alongside proprietary software. Tender responses will be evaluated 
under the normal requirements of the Commonwealth Procurement Guidelines. For a 
non-covered procurement (below $80K), agencies are required to document all key 
decisions, as required by the Commonwealth Procurement Guidelines. This 
includes how they considered open source software suppliers when selecting 
suppliers to respond to the Select Tender or Request for Quotation.

Australian Government Policy on Open Source Software, 
http://www.finance.gov.au/policy-guides-procurement/open-source-software/



--
Cameron Shorter,
Software and Data Solutions Manager
LISAsoft
Suite 112, Jones Bay Wharf,
26 - 32 Pirrama Rd, Pyrmont NSW 2009

P +61 2 9009 5000<tel:%2B61%202%209009%205000>,  W 
www.lisasoft.com<http://www.lisasoft.com>,  F +61 2 9009 
5099<tel:%2B61%202%209009%205099>

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--
Toby Bellwood
[email protected]<mailto:[email protected]>
0409 773105

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--
Tim-Hinnerk Heuer

Web Developer
Landcare Research (http://www.landcareresearch.co.nz)
Informatics (http://wiki.zen.landcareresearch.co.nz)
Ph: +64 6 353 4872

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