+1 from me FWIW *"it does not insert any Open Source Software" - *surely that will force them back to a rewrite anyway, given that virtually all software has an open source component, something more and more vendors are increasingly proud of?
On 19 November 2014 06:53, Cameron Shorter <[email protected]> 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: [email protected] > CC: [email protected] > > 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 > > > _______________________________________________ > Aust-NZ mailing list > [email protected] > http://lists.osgeo.org/mailman/listinfo/aust-nz > -- Toby Bellwood [email protected] 0409 773105
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