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

[Matt Robinson]

+ 1 as well. Seems like some short-sighted policy.

Matt Robinson.

On Wed, Nov 19, 2014 at 9:39 AM, Ross Johnson <rossgo at hotmail.com> wrote:

>
> 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 01544Tel: 0414 898 035*
> *Email: rjconsult at outlook.com <rjconsult at outlook.com>*
> *Web: http://au.linkedin.com/in/rosscjohnson
> <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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