[Aust-NZ] Please update NSW Procurement guidelines to align with Australian Open Source Policies

[Cameron Shorter]

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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