OSIA and OSGeo Aust-NZ lists,
I've received a positive response from NSW ICT Procurement
regarding"Anti-Open Source" purchasing guidelines.
In particular they mentioned that they do not want to discourage the use
of open source software and the upcoming Procure IT 3.1 [1] has many
measures with respect to open source software that facilitate its use.
They asked that we review the remainder of Procure IT 3.1, and would be
happy to receive our comments.
I'd like to actually forward the email I received, but the person I
received it from was not in a position to make a public statement on
behalf of NSW Government.
Regards,
Cameron Shorter
[1]
https://www.procurepoint.nsw.gov.au/before-you-supply/standard-procurement-contract-templates/procure-it-framework-version-31
On 20/11/2014 8:41 PM, Cameron Shorter wrote:
To the 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 are dated and need to be changed.
The guidelines:
* Inaccurately imply Proprietary Software is less risky than Open
Source [1],
* Unfairly discriminate against Open Source Software solutions and
Australian Open Source businesses [1],
* Conflict with Australian government policy which directly mandate
that Open Source and Proprietary Software should be considered
equally. [2]
* Increases the cost and reduce the value 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 reply
describing how you plan to address this issue.
*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,
President of the Australian Chapter of the Open Source Geospatial Foundation,
Software and Data Solutions Manager, LISAsoft
Suite 112, Jones Bay Wharf,
26 - 32 Pirrama Rd, Pyrmont NSW 2009
P +61 2 9009 5000, Wwww.lisasoft.com, F +61 2 9009 5099
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--
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, W www.lisasoft.com, F +61 2 9009 5099
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