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

[Toby Bellwood]

+1 from me FWIW

*"it does not insert any Open Source Software" - *surely that will force
them back to a rewrite anyway, given that virtually all software has an
open source component, something more and more vendors are increasingly
proud of?


On 19 November 2014 06:53, Cameron Shorter <cameron.shorter at gmail.com>
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,  W www.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
>



-- 
Toby Bellwood
toby.bellwood at gmail.com
0409 773105
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