The Open Source Repository and Observatory (OSOR), a new site sponsored
by the European Commission to foster the exchange of FOSS related
information and software among European public administrations, recently
published guidelines">guidelines
on the procurement of open source software. Public administrations
in Europe have to follow public tender procedures and the new guidelines
give practical and legal advice on how open source software and related
services can be incorporated into the procurement process.
Rishab Ghosh, who presented the guidelines at the Open Source World
Conference in Malaga, argued that the procurement guidelines were needed
because of two reasons. First, they studied recent tenders and found
that many explicitly
mentioned proprietary applications. 16% of 3615 software tenders
explicitly asked for products from top 10 software vendors, such as
Microsoft, SAP and Oracle. This practice may be illegal because public
tenders generally have to describe functional requirements in a general
way instead of specifying specific products. Second, many public
administrations don't have any experience with the procurement of FOSS.
In fact, they often don't know whether or under which circumstances they
are allowed to adopt and ask for FOSS solutions. The guidelines are
specifically designed in order to clearly and simply explain how public
administrations can acquire open source and they don't assume that a
country has adopted a specific policy regarding open source.
The guidelines include a long section about open standards, open source
and how they relate. Both open standards and open source align very
well with the needs of public administrations who have an "obligation to
support interoperability, transparency and flexibility, as well as
economical use of public funds". The guidelines argue that the exit
cost, i.e. the cost incurred in moving to another IT system, is also an
important consideration but one that is often neglected. The adoption
of a proprietary solution without open standards may limit the future
choice, thereby increasing the long-time costs and giving the
proprietary vendor an unfair advantage in future tenders.
The procurement guidelines describe two ways of acquiring FOSS: it is
possible to go the usual route of publishing a tender for the supply of
software (possibly with related services). However, in the case of
FOSS, it is also possible to download the software directly from the
Internet. This is possible because the software is not only free of
charge but comes with no contractual obligations. If there were any
obligations involved with the download (such as fees, the agreement to
an EULA or the requirement to purchase services in the future), software
download is not an allowed method. What I like about the guidelines is
that they explicitly say that downloading software has to be part of the
formal procurement process. You have to think about your requirements,
look at various alternatives, and so on, and not just blindly download
something from the Internet.
When it comes to the procurement of FOSS, the guidelines don't suggest
that tenders should explicitly ask for FOSS. Instead, they should
describe the functional requirements of the software as well as certain
properties. For example, a tender could specify that the public
administration as well as third parties must have the right to study,
distribute and modify the software. In a sense, the guidelines suggest
that tenders should include the principles of the Free Software
Definition along with justifications for these requirements.
Personally, I think there is a great need for these procurement
guidelines. There are many public administrations that don't know how
to acquire FOSS and these guidelines offer clear advice. Furthermore, I
find the guidelines very balanced. They don't recommend that you should
always ask for FOSS but incorporate FOSS principles into tenders where
it makes sense. It remains to be seen whether the procurement
guidelines will have an impact on the FOSS adoption in Europe, but I
surely hope so.
(Originally published on FOSSBazaar)