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OSEPA Open Source Policy Statement

"Oppna programvaror 2010" - The Framework Agreement used by the Swedish public sector when procuring Free Software

"Oppna programvaror 2010" is a Framework Agreement (FA) created by the National Procurement Services (NPS) at Kammarkollegiet. The FA is valid for 2 years with an option to keep it going 24 months after that. The FA went into action April 1st 2011 and is probably the only FA for Free Software in Europe. "Oppna programvaror 2010" had in between 2008 and 2011 a predecessor covering roughly the same type of software and services. In the year 2011 the old FA (first half of 2011) and the new FA (second half) had a turnaround worth about 6 million Euros.

The FA can be used by all parts of the government, the tax funded educational sector, all 20 county councils and 225 (out of 290) municipalities (hereafter called "customers").

There are 5 suppliers contracted under the FA; Arctic Group, Init, Pro4u Open Source, RedBridge and Redpill Linpro. They have in total about 75 subcontractors connected to be able to provide all the competence and services needed.

When a customer wants to procure through the FA, they create a mini competition between the 5 suppliers. The mini competition can focus on different kinds of Free Software with or without coupled services. The FA limits the software sold to Free Software. NPS defines Free Software as software with a license approved by OSI. The services that can be provided are installation, maintenance, implementation, migration, support, service and training.

When NPS made the procurement we focused on finding suppliers that could provide competence, comfort and an ability to deliver to the customers.

When a customer and the winning supplier sign their contract, it's always accompanied by a legal construction created by NPS (Allmanna villkor). Most terms in that document are standard IT-delivery terms but some terms are radically different. The rationale for those terms is that we want a competitive landscape among the suppliers, minimizing the risks for the customers and provide a means for software development paid by tax money to be provided back to the communities. The contract terms (Allmanna villkor) are used by the supplier and the customer, not NPS.

The contract terms specific for Free Software

The customer receives non-exclusive and indefinite rights to the Result, including a right to copy, modify, correct, and further develop the Result. The customer has the right to hire third parties in order to utilize the Result in accordance with the specified terms of use.

The supplier must indicate to what extent the software license affects the customer's rights to the Result.

The supplier shall within 30 days after the customer's acceptance of delivery provide all changes and additions back to the relevant communities. When the supplier provides the changes and additions, they must adhere to the conditions and practices of the community or company behind the software.

The supplier is not entitled to transfer or assign the rights to the Result to the customer on terms that restrict, or goes beyond, the terms in the software license.

Results in the form of source code, and any documents pertaining to the source code, delivered to the customer shall be published, publicly available, on the supplier's public website. The supplier shall publish the Results within 30 days after the customer's acceptance of delivery and be available throughout the Framework Agreement period.

The supplier is responsible for ensuring that they have obtained the rights necessary for the execution of the assignment and delivery. The Supplier is also responsible for ensuring that the customer is not required to have any additional license or pay royalty payments for the customer's use of the Result.

2nd OSEPA Conference

Welcome and listen to this subject during the 2nd OSEPA conference under the topic

- The Swedish framework agreement for open source software

Further information

The FA and all related documents are freely available (in Swedish) at http://avropa.se/sv-SE/Hitta-ramavtal/Ramavtalsomraden/IT-och-telekom/Programvaror-och-tjanster/Oppna-programvaror-2010/

For more info contact Daniel Melin, daniel.melin@kammarkollegiet.se