[Osia-members] NSW Government Procurement actively discourages use of Open Source

Wed Nov 19 12:01:58 EST 2014

I agree.

It's outrageous that the NSW Government is so against free software and
prevents it being assessed on it's own merits.

Paul Moore - Astute Systems

On Wednesday, November 19, 2014, Cameron Shorter <cameron.shorter at gmail.com>
wrote:

>  I propose that the following email is sent on behalf of OSIA by the OSIA
> president:
>
> From: OSIA president
> To: nswbuy at finance.nsw.gov.au
> <javascript:_e(%7B%7D,'cvml','nswbuy at finance.nsw.gov.au');>
> CC: osia-members at osia.com.au
> <javascript:_e(%7B%7D,'cvml','osia-members at osia.com.au');>,
> cameron.shorter at lisasoft.com
> <javascript:_e(%7B%7D,'cvml','cameron.shorter at lisasoft.com');>
>
> To NSW Procurement Team,
>
> We, the Open Source Industry of Australia, who represent Australian Open
> Source companies, 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
> [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, and assess the appropriateness of updating to Australian
> Government Policy statements related to Open Source.
>
>
> *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:*
> The "Australian Government Policy on Open Source Software" specificy
> encourages equal assessment 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.*
>
> http://www.finance.gov.au/policy-guides-procurement/open-source-software/
>
>
> On 5/11/2014 4:04 pm, Daniel Jitnah wrote:
>
> Hi
>
> Just quickly read the actual NSW document on this matter.  Two points:
>
> My guess is that these clauses have been in there for a long time and
> no-one has really paid much attention to them.  They reflect the typical
> attitude of say 5yrs+ past of Gov agencies and large business regarding
> OSS at the time of intense Microsoft fud re: SCO etc.   (Note the
> original doc is from 2011, and none of the changes mentionned (in 2013)
> appeared to have affected the relevant sections.  Chances are these
> clauses even predate 2011)
>
> Fortunately things have changed since and more and more Gov are seeing
> the benefit of OSS.  So these clause are obsolete.
>
> But that does not mean that this state of matter should not be
> changed/removed.
>
> The wording is very unfortunate and reflects a serious misunderstanding
> (and suspicion) about open source.
>
> The Victorian Gov. has a similar clause, but is far less negative about
> FOSS and only goes as far to asking that the providers asks for the
> Clients permission before including FOSS.
>
> (The scary bit :
> 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.
>
> does not exist in the Vic version).
>
> OSIA did respond to the relevant part in the Victorian document
> http://www.osia.com.au/drupal7/sites/default/files/OSIA_submission_1.pdf
> (2013),
>
> and queried why such clauses were included and asked for a reassurance
> that if the client had any issues they would first consult with the
> provider and attempt to resolve the issues first instead of denying
> "permission" without explanation without providing the provider an
> opportunity to address the issues.  Although this is *not* an ideal
> position, OSIA felt that it was an acceptable compromise, and would also
> provide an opportunity to "educate" the client about FOSS, which we felt
> was the likely basis for including such clauses.
>
> One other thing of concerned in the NSW doc, is the definition of Open
> Source.  It is far broader than the more current definition from a
> licensing point of view (OSI license).  That further suggests a poor
> understanding of Open Source software license which was common then.
>
> Probably the best way to approach this is to seek that the NSW Gov
> updates the document to reflect the latest trends in adoption of FOSS.
> I am sure there are plenty of examples that they can be pointed to that
> show the benefits of open source and that the clauses mentionned only
> restrains their own abilities to make gain of the benefits of Open Source.
>
>
> Cheers,
>
> Daniel.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> On 05/11/14 15:17, Martyn Reeves wrote:
>
>  Hi Cameron
>
>
>
> It is indeed a concern but I guess the good news is that NSW IT is
> willing to accept OSS based systems these days.
>
>
>
> We often see these issues when large organisations look to procure OSS
> code/applications. Black Duck Software can help bidders like you by
> creating a BoM for the code base showing exactly which pieces of OSS are
> used and how.  And specifically what the obligations are for each OSS
> license and where they may conflict which each other, and also with the
> declared or published license.  We can do this as a once off audit to
> accompany a bid or it can also be offered as an ongoing service as new
> releases are put together. Black Duck can also show security
> vulnerabilities for all the OSS that is contained within the BoM, or for
> any piece of OSS that is requested.
>
>
>
> You can read more here https://www.blackducksoftware.com/audits or feel
> free to ask me any questions by mail
>
>
> Hope this helps.
>
>
> Martyn Reeves
> mreeves at blackducksoftware.com <javascript:_e(%7B%7D,'cvml','mreeves at blackducksoftware.com');>
>
>
> ------------------------------------------------------------------------
> *From:* osia-members-bounces at osia.com.au <javascript:_e(%7B%7D,'cvml','osia-members-bounces at osia.com.au');>
> [osia-members-bounces at osia.com.au <javascript:_e(%7B%7D,'cvml','osia-members-bounces at osia.com.au');>] on behalf of Cameron Shorter
> [cameron.shorter at gmail.com <javascript:_e(%7B%7D,'cvml','cameron.shorter at gmail.com');>]
> *Sent:* Tuesday, November 04, 2014 6:21 PM
> *To:* osia-members at osia.com.au <javascript:_e(%7B%7D,'cvml','osia-members at osia.com.au');>
> *Subject:* [Osia-members] NSW Government Procurement actively
> discourages use of Open Source
>
> I'm not sure if others are aware of this, but I suspect it is directly
> of concerned to all of us working with Open Source Software.
>
> 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
>
> --
> 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
>
>
>
> _______________________________________________
> Osia-members mailing listOsia-members at osia.com.au <javascript:_e(%7B%7D,'cvml','Osia-members at osia.com.au');>http://www.osia.com.au/mailman/listinfo/osia-members
>
>  _______________________________________________
> Osia-members mailing listOsia-members at osia.com.au <javascript:_e(%7B%7D,'cvml','Osia-members at osia.com.au');>http://www.osia.com.au/mailman/listinfo/osia-members
>
>
> --
> 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
>
>

-- 
Cheers,

Paul Moore
Astute Systems
pmoore at astute-systems.com      0481 268 522       View my profile
<http://www.linkedin.com/profile/view?id=465982>
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