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

Tue Nov 18 12:15:59 PST 2014

+1 from me Tim-Hinnerk Heuer

On 19 November 2014 09:02, Toby Bellwood <toby.bellwood at gmail.com<mailto:toby.bellwood at gmail.com>> wrote:
+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<mailto: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<mailto:nswbuy at finance.nsw.gov.au>
CC: Aust-NZ at lists.osgeo.org<mailto: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<tel:%2B61%202%209009%205000>,  W www.lisasoft.com<http://www.lisasoft.com>,  F +61 2 9009 5099<tel:%2B61%202%209009%205099>

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--
Toby Bellwood
toby.bellwood at gmail.com<mailto:toby.bellwood at gmail.com>
0409 773105

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--
Tim-Hinnerk Heuer

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