Who: City Procurement Staff Member

Issue: Perception of High Risk in using Open Source For an Enterprise Solution

This city has rarely procured Open Source at the enterprise level, and OSS is rarely considered for enterprise. However, FOSS may be used individually on a desktop system. Downloading OSS onto a desktop does not trigger procurement issues but may be prohibited based on the internet use policy. The big hesitation with FOSS enterprise solutions is that there might not be support - in the event there are issues. The city needs an entity to hold liable for remedies for failure or performance bonds. The in-house resources do not work on configuring open source software or any kind of software. Rather, vendors are relied upon for maintenance and support.

Issue: Open Source considered in RFP Process

Most of the city’s software procurement doesn’t go through an RFP process. The state that this city sits in allows the city to use the state register, which has pre-negotiated prices on services and goods. Because this eliminates the overhead of an RFP process, the city will use the state register unless the city believes they can get better prices or find other candidates that aren’t on the state register. Also, this city will use the RFP process for purchases over 1M.

Issue: Code Ownership Language in Contracts

The city has their own contract terms even though they may take a vendor on the state registry. Any custom work is procured typically by engaging with a vendor they worked with before that is experienced in that area, or they will go out to bid. Sometimes in the RFP they have ownership language but the language is getting stronger so that the city will have more ownership of the code. The code is usually entirely developed by the vendor. Typically, the ownership provisions are custom drafted for each contract, but this city is unlikely to fight a vendor if they want to keep the code. They are mostly concerned with price.

Issue: Free Rider Concerns

Some of the overall value proposition of Open Source is lost by the perception that there is an unfair “free-rider” situation, however, this in itself would not prevent the city from pursuing an open source development option if the city feels it is the best solution available.

Best Practice: City has Final Say on Final Work Product

In their standard contract, this city has final say for acceptance of a developed piece of software. If the city isn’t pleased with result then they can refuse to pay. This helps to overcome any discrepancies between what the city wanted in their software, and what actually resulted as a finished product.

Issue: Perception of Trademark/Copyright Liabilities Limited to take down notices

There were no known trademark or copyright infringement issues with this city except for take down notices they occasionally get for inadvertent copyrighted material that might get posted to a website.

Issue: State Procurement Regulations Create Administrative Burdens

While the regulations do not impact the decision to procure FOSS vs. proprietary, they do impact perceptions of certain solutions as being easier due to their lower price, and thus, easier procurement guidelines. For contracts under a certain amount of money, the state procurement regulations are not triggered.