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

[Bruce Bannerman]

+1

While the (Federal Government) AGIMO Policy is a good reference, I doubt
that it can be enforced on a State Government.

Bruce


From: Peter Barrs <peter.barrs at data-arterial.net>
Organization: Data Arterial Pty Ltd
Reply-To: "peter.barrs at data-arterial.net" <peter.barrs at data-arterial.net>
Date: Wednesday, 19 November 2014 8:45
To: Cameron Shorter <cameron.shorter at gmail.com>, "Aust-NZ at lists.osgeo.org" <
Aust-NZ at lists.osgeo.org>
Subject: Re: [Aust-NZ] NSW Government Procurement actively discourages use
of Open Source

+1

Cameron, I hope you are able to obtain a rationale from NSW Finance -
presumably it relates to 23.2 a/b, which in themselves are not inhibitory
of open source.

As previously remarked, it seems a degree of ignorance is apparent.

Peter Barrs
Data Arterial Pty Ltd

On 19/11/2014 5:53 AM, Cameron Shorter 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



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