[Aust-NZ] Please update NSW Procurement guidelines to align with Australian Open Source Policies

Ross Johnson rossgo at hotmail.com
Mon Mar 30 04:04:29 PDT 2015


Following this up, see what the Indian Government has announced (in comparision to NSW/rest of Australia)
http://www.futuregov.asia/articles/6363-india-makes-open-source-mandatory-for-all-central-agencies
Best regards,Ross
Date: Thu, 11 Dec 2014 15:34:50 +1100
From: cameron.shorter at gmail.com
To: aust-nz at lists.osgeo.org; osia-members-request at osia.com.au
Subject: Re: [Aust-NZ] Please update NSW Procurement guidelines to align with Australian Open Source Policies


  
    
  
  
    OSIA and OSGeo Aust-NZ lists,

      

      I've received a positive response from NSW ICT Procurement
      regarding"Anti-Open Source" purchasing guidelines.

      

      In particular they mentioned that they do not want to discourage
      the use of open source software and the upcoming Procure IT 3.1
      [1] has many measures with respect to open source software that
      facilitate its use. They asked that we review the remainder of
      Procure IT 3.1, and would be happy to receive our comments.

      

      I'd like to actually forward the email I received, but the person
      I received it from was not in a position to make a public
      statement on behalf of NSW Government.

      

      Regards,

      Cameron Shorter

      

      [1] https://www.procurepoint.nsw.gov.au/before-you-supply/standard-procurement-contract-templates/procure-it-framework-version-31

        

      On 20/11/2014 8:41 PM, Cameron Shorter wrote:

    
    
      
      To the 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 are dated and need to be
        changed.

        

        The guidelines:

        * Inaccurately imply Proprietary Software is less risky than
        Open Source [1],

        * Unfairly discriminate against Open Source Software solutions
        and Australian Open Source businesses [1],

        * Conflict with Australian government policy which directly
        mandate that Open Source and Proprietary Software should be
        considered equally. [2]

        * Increases the cost and reduce the value 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 reply describing how you plan to address this issue.

        

        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,
President of the Australian Chapter of the Open Source Geospatial Foundation,
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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    -- 
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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