Procurement and Open Source Software Guideline

“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.

“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.”

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