On 22nd November 2012, the European Commission (EC) and the European Patent Office (EPO) jointly organised a conference on FRAND standards in open source. This was the
fourth jointly organised event on ICT standardisation and Intellectual Property Rights (IPRs).
The purpose of the conference was to address the possibilities of developing open software using fair, reasonable, and non-discriminatory terms (FRAND) licenses.
The conference had four sessions:
- Setting the scene
- Public procurement
- Companies' strategies concerning OS, proprietary technologies and standards
- Success and failure stories by OS implementors
The main aim of this work is to measure the benefits arising from the Procurement Directives econometrically by identifying and measuring relationships between improved procurement practice and the final values of specific awards of contracts in relation to the estimated values of contracts before tendering (“savings”). We also explore the relationship between improved procurement practice and the number of bidders. In both cases, we control for variations in other variables.
The literature relating to public procurement practices has developed along the design of procurement processes and the empirical quantification of the effects of different procurement practices. The design literature recognises several tools and strategies for its effective implementation. Several aspects have been investigated such as the type of auction and subdivision of contracts into lots, usefulness of open versus negotiated procedures, the impact of centralised purchases, dealing with contracts which include a quality component or mechanisms for dissuading collusion or preventing corruption.
These aspects have been incorporated into the Directives and we estimate the effects of such procurement practices in our models. On the other hand, there are a number of studies that have also looked empirically at the effects of different procurement practices on the costs and value of winning bids or in encouraging participation or competition, and have generally found evidence of favourable outcomes for procuring authorities.
European governments are increasingly considering the use of Open Source Software (also known as Free Software or Libre Software, or FLOSS) as a means of reducing costs, increasing transparency and sustainability. A number of debates have taken place on the costs and benefits of open source software, and much discussion and interest has been expressed from the
perspective of information technologists.
Meanwhile, the European Commission has launched the Open Source Observatory and Repository, OSOR, with the intention of supporting open source software as the epitome of collaborative development of software in the European public sector.
In this context, with this guideline, the authors consider open source software not as a technical topic, but essentially as a matter of public procurement. The authors look at the process of public procurement, its principles and requirements; how public procurement works with software, across EU Member States; and how public procurement approaches open source. The authors explain how open source can be best addressed with public procurement, and provide guidelines for how to acquire open source software through the public procurement processes.
Raport întocmit de Comisia Europeană pe anul 2012, referitor la analiza implementării achizițiilor publice
Studiu comparativ cu privire la sistemele naționale de achiziții publice din cadrul Rețelei de Achiziții Publice (PPN – Public Procurement Network), realizat de Autoritatea pentru Supervizarea Contractelor Publice, Departamentul pentru coordonarea politicilor Uniunii Europene, 2010
Consiliul Superior al Magistraturii