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Oregon's Policy Development Framework for OSS Procurement


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Title: Oregon's Policy Development Framework for OSS Procurement

Oregon's Policy Development Framework for OSS
Procurement Use
  • Ben Berry
  • Chief Information Officer
  • Oregon Department of Transportation
  • Oregon CIO Council Chair 2007-2008

Presented to Japan OSS Community February 22,
2008 Oregon State University Open Source Lab,
Corvallis, Oregon, U.S.A. 1148 Kelley Engineering
IT Procurement and Acquisition / Use Alignment is
  • On-Demand Processing
  • Download and Use
  • Fast-Track Acquisition
  • Improved Cycle Time
  • Due Diligence
  • Policy
  • Legality
  • High Cycle Time

Service Excellence Goals is the Driver
Developing the Right Perspective is Critical!
  • Goals
  • Least Cost
  • Competitive Processes
  • Dependable Solutions
  • Improved Efficiencies
  • Community Sourcing Support
  • Required
  • Legality
  • Process
  • Compliance

A shared interest in ensuring efficiently
acquired, supportable solutions that drive
Best-in-Class Service Excellence and Competitive
State of OregonOpen Source Community of Practice
Community Source Framework
Value Goal Enable Best-in-Class Service Delivery
Open Source Inventory Results Survey
Open Source Licensing and Acquisition

Leverage State Agencies
Desktop Software Evaluation
So, how do we build Communities of Practice and a
Culture of Collaboration?
from http//xkcd.com
So, what is a Community of Practice?

  • Groups of people who share a passion for
    something that they know how to do, and who
    interact on a regular basis to learn how to do it
  • - Etienne

Business Problem/ Oppty
Teams Charge
Process Method/Outcomes
Key Benefits
Business Objectives
Sponsorship/ Stakeholders
Why put so much energy and resources into an OSS
Community of Practice?
  • Oregon is a leader in open source innovation and
    uses Open Source Software as economic driver.
  • New innovative development and sharing OSS
    applications is a dominant 21st Century business
  • Principle of OSS is that users are provided
    source code IT programs, but are they really free
    to use, share, modify and enhance software
  • The goal is widespread interoperability,
    permissive incorporation into new technologies
    and new systems, and control over the destiny of
    the systems employed by users and organizations.

1. 2. 3. 4.
What is a Community of Practice?
Non-Participating Agencies 48
Participating Agencies 52
Oregon Agencies Use of Open Source Products
The data gleaned from the participating agencies
provides a partial view of information that is
indicative of real usage of open source
software products within State of Oregon
Open Source Consideration
Cost Reductions
Customer wants IT solutions that are least cost
and competitive, but dependable.
Improving the efficiency of business operations
through fast-track acquisition practices.
Community Sourcing
Support performance through sharing of key Open
Source community resources.
Oregons Open Source Software Inventory Project
Oregon State Government Open Source Inventory
Process Map
Agency has
inventory tool ?
Determine list
of products for
Search for Open
Source inventory
Produce report
Project to report
send to Project
to CIO Council
Team for collection
The Open-Source Stacks Growing Up
Open-Source SW Instancesby Oregon Reporting
Gartner Open Source Categories
Open-Source SW Instances by Agency
Open-Source SW Instancesby Category Type
Oregon Reporting Agencies
Open-Source SW Instances by Type
State of OregonOpen-Source SW Products
State of Oregon Open-Source SW Products
Hype Cycle for Open Source Software 2007
A Formal Enterprise Policy for Acquisition
and Use of Open-Source Software in Oregon State
Government May Be Essential to Effectively
Satisfy Enterprise and Agency Business Objectives
and Applicable Legal and Procurement
Oregons Open Source Strategic Thinking
  • State to acquire, maintain SW as valuable IP.
  • Critical component of information del. strategy.
  • Acquired with applicable law, regulation policy.

  • State intends to acquire and use OSS as
    appropriate for projects and enterprise business
    objectives, while in legal compliance.

  • OSS has commercial value and is typically
    available via acquisition in conjunction with a
    reciprocal SW license.
  • State applies a Total Cost of Ownership to assess
    price, i.e., full life cycle cost.

  • Currently there is no formal policy of OSS
    acquisition, use distribution.
  • Intent is to modify current policies to create
    fair competitive arena for Best Value.

  • State has authority to engage Closed Open
    Source software providers.
  • States 7 sourcing procurement methods apply.

Seven (7) Types of Sourcing Methods
Financial Authority Non Competitive, Direct
purchase, Single supplier Informal
Competition Low Cost Selection Perceived Value
Selection Single Source, Product or both Normal
competition requirements Relaxed or
Suspended Special process when other sourcing
will not work effectively
Acquisitions 5K or less, or Gift 150K or
less Open Open Open Open Open
Sourcing Methods
  • Small Procurement
  • Intermediate Procurement
  • Competitive Sealed Bidding
  • Competitive Sealed Proposals (RFP)
  • Sole Source Procurement
  • Emergency Procurement
  • Special Procurement

Current Acquisition and Use of OSS
  • The typical OSS Distribution Model involves a
    simple no-cost download of software from the
    Internet but growing Business-centric OSS
    Distribution Models include
  • OSS and Services, i.e., OSS at no initial cost
    and related Service and Support at cost
  • OSS Mixed, i.e., OSS with OS code base and Closed
    Source or Proprietary add-ons
  • Proprietary OSS, i.e., applications available
    with a more traditional proprietary license that
    authorizes users to modify the application
    without having to redistribute code changes to
    the public
  • Integrated OSS, i.e., diverse OSS already
    integrated into more consumable units and
  • Hardware and OSS, i.e., Hardware manufacturers
    using OSS as a foundational component in system

Current Acquisition and Use of OSS
  • State OSS Usage. Despite not having a formal,
    enterprise-level OSS acquisition and use policy,
    State Government has acquired and uses OSS.
  • Staff OSS Downloads. Over time, the products
    have appeared through multiple avenues in diverse
    agencies. The typical acquisition scenario may
    be a technicians perceived no-dollar cost
    download of particular OSS ( or Freeware or other
    procured software with embedded OSS) for some
    specific operational need.
  • Vendor Bundling OSS. Vendors have also bundled
    OSS with their closed source solution sets. This
    is another way the organizations discover they
    already are using OSS.
  • OSS Perceived Value. OSS has remained because of
    perceived business or technical value in its use.
  • State Accountability. The State must account for
    its existing OSS inventory in order to develop
    effective policies around current and future OSS
    acquisition and use.

Current Acquisition and Use of OSS
  • States Risk Management. In reaping OSS benefits
    value, the State must remove or minimize its risk
    attendant to random acquisition and use of the
    software, e.g.
  • OSS License compliance issues
  • Inefficient maintenance and support
  • Inconsistent buy decisions
  • Maverick products that dont integrate and
    interoperate within the established architecture
    and enterprise
  • Failure to fully realize cost savings
  • Incomplete or non-existent technical, business
    and legal review and
  • Violation of applicable law, regulation and

  • OSS as Gift? Most staff have likely perceived
    the typical OSS transaction of a no-cost download
    as a free gift, which does not implicate formal
    or even informal procurement considerations.
  • License Acceptance. In particular, where the
    transaction ends with the staff members
    acceptance of an accompanying Software License,
    this assessment may not be supported by
    applicable law.
  • Intellectual Property. The OSS constitutes
    valuable intellectual property. Acceptance of the
    accompanying license is valuable consideration in
    exchange for use of the downloaded software.

  • Exchange Agreement. The parties have each
    benefited and sacrificed in their mutual
    agreement to exchange valuable items the
    essence of a contract.
  • Recognition of Gifts. Moreover, the States
    current law does not recognize the concept of
    gift separately from the concepts of purchase
    or procurement. ORS 71.2010(32), ORS
    279A.010(u), and ORS 279B.050.
  • Acceptance of Software License. The simple
    download of OSS in exchange for acceptance of a
    Software License implicates procurement issues
    and considerations for resolution.

Oregons Findings To Date
  • OSS as Viable Solutions. OSS development and
    distribution provide viable information systems
  • OSS Maturity. OSS is maturing in its diversity
    of offerings and technical functionality, and is
    having a growing impact and increasingly
    noticeable effect on the Software industry.
  • OSS as Competitive Alternative. Open-Source
    solutions will increasingly compete with a broad
    range of Closed-Source products in all markets.
  • OSS is valuable IP, and is increasingly becoming
    a critical component of information enterprise
    strategies and infrastructures in local, state,
    national and global venues including the State
    of Oregon.

Oregons Findings To Date
  • Procurement Event? The acquisition of OSS should
    likely be regarded as a procurement event.
  • Legality Process. The inherent value in OSS
    acquisition and use far outweighs the attendant
    risks provided OSS is consistently acquired and
    used in consonance with applicable law,
    regulation and established policy.
  • Usage. The State should acquire and use OSS as
    appropriate for specific project and enterprise
    business objectives but should do so only in
    compliance with applicable law, regulation and
    established policy.

Oregons Findings To Date
  • Maximize OSS Utility. Development and
    implementa-tion of formal acquisition and use
    policies for OSS will maximize the utility of OSS
    use in all respects, including without
  • Functionality
  • Integration
  • Interoperability
  • Management of acquisitions through a common
    efficient process
  • Efficient management of acquired assets
  • Ensuring license compliance and
  • Ensuring compliance with governmental enterprise
    business objectives and public procurement law.

Desktop Software Evaluation
Open Desktop Evaluation ModelFour Layers of
Hierarchical Impact
Conceptual FrameworkHolistic Approach to Desktop
PC Product Evaluation
  • The Open Source Desktop initiative highlights the
    need for an unbiased approach to evaluating
    software for the desktop. The methodology used
    needs to encompass all of the normal business
    criteria, the work flow a user would follow to
    perform their job and the platform best suited
    for this type of work. Our work focuses on
  • In-Scope The technical feasibility of
    instituting an open source desktop.
  • Out of Scope Total cost of ownership,
    administrative desire, political will, and
    procurement and other legal issues will be
    addressed as follow on or parallel studies.

Conceptual FrameworkHolistic Approach to Desktop
PC Product Evaluation
  • Software Evaluation Methodology. While
    considering Open Source Software for the Desktop,
    one should separate the reviewing and testing
    portion of the open source software (OSS)
    applications from the reviewing and testing of
    the operating system.
  • By doing so, allows a two-prong approach to
    evaluating the feasibility of incorporating the
    OSS application independent of the operating
  • The advantage of this approach is in helping
    agencies determine the viability of OSS
    applications in their current IT environment,
    while avoiding the possibility that an open
    source operating system may have compatibility
    issues with a well establish IT infrastructure

Solution Selection Criteria
Evaluates total cost of ownership elements to
reveal ongoing savings.
SolvingBarriers to Entry
  • Switching costs
  • - End user training
  • - Support staff training
  • - Do apps work with new OS?
  • If you have to buy closed source SW to enable
    open source SW, this changes the value
  • Smooth integration to heterogeneous environment.
  • Do you need to remove dependency of additional
    back office solutions to make things work? (Suse
  • End user experience can be fragmented if more
    than one Operating System is needed.

Decision Tree
  • Switching Costs
  • Functionality
  • Usability
  • Reliability
  • Productivity
  • Supportability
  • End User Experience

Click on document to launch!
Open Source Community of Practice
Ask yourself, do we have a Culture of
Open Source Software Use in Oregon State
Desktop Evaluation Methodology
The Goals Best-in-class Services, Technologies,
Processes and People in support of our Customers
Thank You!
Ben Berry Chief Information Officer Oregon
Department of Transportation Oregon CIO Council
Chair 2007-2008
Presented to Japan OSS Community February 22,
2008 Oregon State University Open Source Lab,
Corvallis, Oregon, U.S.A. 1148 Kelley Engineering
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