[ Thanks to Jose Maria Lancho for
this release. ]
As a consequence of a complaint filed by Attorney-at-Law
José María Lancho Rodriguez at the Spanish
Ombudsman-People Defender’s Office-(Q0421473), the Ministry of
Public Administration of Spain has agreed that the pre-eminence of
Microsoft Corporation technology in the internal structure of the
Central Administration demands the elaboration and implementation
of a neutral-technology stipulation for the acquisition of
informatic products.
Furthermore, the Ministry of Public Administration of Spain
points out the necessity of establishing pertinent rules by the
Administration to guarantee a technological neutrality of the
informatic systems by establishing a new contract criteria for the
Administration: the technology neutrality itself. This is to be
done to avoid users seeking access to telematic procedures of the
State Central Administration be affected by any incompatibility of
Microsoft Operating System with other programs. Likewise, the
Ministry reports the urgent need of adopting measures to avail the
use of free software, as well as of open source software, in the
Administration.
A few days after the acceptance of the complaint the
Interministerial Agency, which rules the acquisition of informatic
goods by the State, has issued new directives to implement the
technology neutrality of the Spanish State in its informatic
infrastructure.
The Attorney Lancho also claimed that virtually all of projects
being launched by the Administration include in their specification
tenders an explicit or explicit demand of the use of technologies
created by Microsoft Corporation. Such a situation prevents other
software producers to bid at any public auction, which means a
clear injury to the principles of equality, non-discrimination, and
free competition ruling Public Transactions in Spain.
In this way, significant contracting figures are attained, on
the Government’s account (and this in a contracting environment
which is considered only as administrative), have been never
submitted to any Public Concurrence (Bid to Auction).
This monopoly situation has become possible and is being
consolidated thanks to a deficient employment level of the Public
Administration Contracts Act. Here again, we understand it injures
the basic principles to which Administrative Law is subject, such
as (to those effects), Article 210b of Public Administration
Contracts Act, which was operative owing that cost per unit of each
software license is usually lower than that of the legal
thresholds, which would be obliged at public auction. This has had
the practial effect of allowing only one software maker for the
Spanish Administration. Also, the complaint adds that the
software’s nature is proving its vertical character, especially in
big structures, which is another handicap since it is not always
compatible with other competing software products.
The result is that updating of prograns –or their
development–and therefore the public services using them are
directed to an in-fact–almost in-right–monopolist situation.