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

Tue Nov 18 14:39:32 PST 2014

Hi Cameron,

Thanks for bringing this to our attention, timely being World GIS Day 2014.
I am horrifed where comparing Reference 1 (NSW Government) & Reference 2 (Australian Government) as you have outlined.
The application of open source software needs to be inclusive in all forms of Government.    Please add my name to the submission.

Best regards,
Ross

Ross Johnson
RJ Consulting
NSW Committee member, Surveying & Spatial Sciences Institute (SSSI)
ABN No. 116 474 01544
Tel: 0414 898 035Email: rjconsult at outlook.com
Web: http://au.linkedin.com/in/rosscjohnson  
Date: Wed, 19 Nov 2014 06:53:52 +1100
From: cameron.shorter at gmail.com
To: Aust-NZ at lists.osgeo.org
Subject: [Aust-NZ] NSW Government Procurement actively discourages use of	Open Source

    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,  W www.lisasoft.com,  F +61 2 9009 5099

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