Standard "Sharing and Re-using" clauses for contracts

This document proposes common "standard" clauses for contracts, which public administrations could use when procuring services. Clauses could be useful and are developed both for contracts related to the :

  • development of new IT tools that may be re-used and/or shared later,
  • re-use of already available IT tools possibly through customization.

After an introduction to its context and goals in Section 1, the document presents in Section 2 an introduction to sharing and re-use of public software. Section 3 presents standard clauses for sharing and reuse meeting the following distribution requirements:

  • The right to redistribute its own software (when written by or exclusively for the authority)
  • Reusing third parties’ IPR assets (integrating “received” open source software in the public authority solution)
  • Reusing and distributing the documentation (and other “non-software” knowledge elements)
  • “No Vendor Lock-in” clause: how to stay free to adopt a new solution and to contract with another provider.

This document is produced in the scope of  ISA Action 4.2.5. “Sharing and re-use Strategy”. The aim of this ISA action is to develop a holistic approach to sharing and reuse across border and sectors with a view to helping public administrations all over Europe to share and reuse solutions related to public services delivery in an efficient and effective way.

Nature of documentation: Independent reports and studies

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