[Aust-NZ] NSW Government Procurement actively discourages use of Open Source

[Peter Barrs]

+1

Cameron, I hope you are able to obtain a rationale from NSW Finance - 
presumably it relates to 23.2 a/b, which in themselves are not 
inhibitory of open source.

As previously remarked, it seems a degree of ignorance is apparent.

Peter Barrs
Data Arterial Pty Ltd

On 19/11/2014 5:53 AM, Cameron Shorter 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: nswbuy at finance.nsw.gov.au
> CC: Aust-NZ at lists.osgeo.org
>
> 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,  Wwww.lisasoft.com,  F +61 2 9009 5099
>
>
> _______________________________________________
> Aust-NZ mailing list
> Aust-NZ at lists.osgeo.org
> http://lists.osgeo.org/mailman/listinfo/aust-nz

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