[Osia-members] Victorian Gov. eServices Register draft Contract consultation process

Daniel Jitnah djitnah at greenwareit.com.au
Fri Aug 16 01:01:33 EST 2013


Hi everyone,

This email will be of particular interest to those in Victoria, but will
also interest others who have business activities in Victoria.

There are 3 items in this email:

1. eServices Contract terms
2. con-nect event in March 2014.
3. China Trade Mission


The Victorian Government is undertaking a consultation process on its
eServices Agreement Terms and Condition document, which is in effect the
draft standard Contract Terms for IT services which will be entered into
by the Vic Gov via the eServices Registry in the near future.  To put in
context, the Vic Gov is discountinuing its Panel based procurement
process, and replacing it with an eRegister based process starting July
2013.

OSIA has an opportunity to submit a written response to the draft
document (see link below) by 21 August 2013.  Submissions will only be
received from cluster groups (OSIA is a recognised cluster, with
presence at the Clusters round table).  While the draft document is
essentially a typical IT Services contract document, there is one
section which specifically refers to Open Source software. See below.
(I have made the full documents downloadable from my website
http://www.greenwareit.com.au/greenwareit/?q=node/20)

Relevant section:
----------------
27. Open source MATERIALS

27.1 If the Supplier wishes to include any software or other material
which is licensed under any form of open-source licence, including
licences meeting the Open Source Initiative's Open Source Definition, in
any Deliverable, it must first obtain the prior written consent of the
Purchaser to do so.   

27.2 To the extent that any Deliverable, or any part of a Deliverable,
is licensed under an open source arrangement, the terms of the open
source licence only apply to that Deliverable. The provisions of the
open source licence will prevail over the terms of the Contract in the
event and to the extent of any inconsistency.
-----------------

There is also a substantial section on IP, but in my opinion not much in
there is likely to adversely affect solution providers based on Open
Source software.

While there may be items in the draft that would be desirable to comment
on, realistically, there is insufficient resources available to OSIA to
submit a very comprehensive response.  Furthermore there are other
organisations (eg, AIIA) who will in all likelyhood be responding in
greater depth to specific issues that they have.

However I think it is appropriate and even desirable for OSIA to respond
specifically to section 27 above.  Therefore I am seeking comments from
Members (and Non-members) specifically on this section. However if you
wish to comment on other parts of the draft please feel free.  

If you wish to comment, please do so by this weekend, either on the list
or directly to me, and I will attempt to incorporate your comments in a
written response if possible, by 21 August.  It would be very helpful if
you were specific in your comment and worded it in a way that it can be
included into another document with minimal changes.   


2. Vic Con-nect event.  

A Vic Con-nect event is being organised by the Vic Governement which is
aimed to rival CeBIT in Melbourne.  This will take place on 13-15 March
2014.

If there are Members who are interested in participating please get back
to me asap.  Given the early stage in the organisation of this event,
there may still be an opportunity for OSIA to have some influence with
the organisers to obtain some arrangement that may be advantageous to
Members. Members may of course also choose to go alone if they believe
this would better serve their circumstances.   However I would like to
invite financial OSIA Members to indicate their interest in
participating and discuss this with OSIA.  Please keep your Membership
current.

Please note, that as I became aware of this event only yesterday, the
Board of OSIA has not yet given any consideration to this event, but it
will hopefully be listed as an agenda item for the next Board meeting on
9 of September.  I have already had some very preliminary contact with a
Vic Gov DSDBI officials on this.  As more relevant information become
available I will make them available on this list.

More info: http://www.con-nect.com.au/


3. China Trade Mission

For info: If there is any one or business who is interested in
participating in a Trade Mission to China in October, please contact me
and I'll give you contact details to find more info.  And btw NO I am
not going to China! :(


I am happy to talk more about the above, specially item 1 to anyone in
person, and following the meeting that I attended on behalf of OSIA with
DSDBI this week.  And by the way if anyone wants to chat about that, I
will be at the Linux Users Victoria (LUV) workshop at VPAC in City
(Melbourne) this Saturday from about 1pm to 4pm. So if you just happen
to be around the corner and have the time just pop in!  (Ok I am
plugging LUV here ! :)

Cheers
Daniel


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