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

[Cameron Shorter]

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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