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

[Cameron Shorter]

On 11/12/2014 3:34 PM, Cameron Shorter wrote:
> 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,  Wwww.lisasoft.com,  F +61 2 9009 5099
>>
>> ------------------------------------------------------------------------
>> The contents of this email are confidential and may be subject to 
>> legal or professional privilege and copyright. No representation is 
>> made that this email is free of viruses or other defects. If you have 
>> received this communication in error, you may not copy or distribute 
>> any part of it or otherwise disclose its contents to anyone. Please 
>> advise the sender of your incorrect receipt of this correspondence.
>>
>>
>> _______________________________________________
>> Aust-NZ mailing list
>> Aust-NZ at lists.osgeo.org
>> http://lists.osgeo.org/mailman/listinfo/aust-nz
>
>
> -- 
> 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,  Wwww.lisasoft.com,  F +61 2 9009 5099


-- 
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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://www.osia.com.au/pipermail/osia-members/attachments/20141211/d697f658/attachment.html>