Guideline for Public administrations on Procurement and Open Source Software (updated June 2010)

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Published on: 19/09/2011 Document Archived

Public administrations that consider using open source software may need advise on how and why public agencies can acquire such software. This study, commissioned by the European Commission s part of the "Dissemination of good practice in Open Source Software (GPOSS)" measure under the IDABC programme, tries to respond to this need.

The study contanins guidelines for the procuring of Open Source Software and ready to use template texts for tenders.

The study was updated in June 2010 based on recent Member States policies (Spain, Malta) and case law (Italian Constitutional Court).

Disclaimer: Not legal advice!
These guidelines seek to provide practical information regarding the law covering procurement. However, such law is interpreted by the courts: and very little European case-law exists for the public procurement of software. These guidelines, including the legal guideline in Annex B and the template texts in Annex A, should not be considered legal advice, or a substitution for the normal procedures of legal consultation that may be used in the preparation of procurement, tenders and contracts.

Download the Guideline here

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Guideline

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OSS-procurement-guideline-public-final-June2010-EUPL-FINAL.pdf

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