SB 113-32: Government Software Procurement Act (Passed)

[Mr. Reactionary]

GOVERNMENT SOFTWARE PROCUREMENT ACT

TITLE I: DEFINITIONS

1. As used in this title:

A. Public Agencies means a federal government agency, department, commission, council, board, bureau, committee, institution, college, university, technical school, government corporation, or other establishment of the executive, legislative or judicial branches.

B. Procurement means buying, purchasing, renting, leasing, licensing, or otherwise acquiring any goods or services. It also includes all functions that pertain to the obtaining of any goods or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, installation, maintenance, and all phases of contract administration.

C. Computer Software means a set of Computer Programs, procedures and associated documentation concerned with computer data or with the operation of a computer, Computer Program, or Computer Network.

D. Computer Program means an ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.

E. Software Source Code means pre-compiled, human-readable versions of a Computer Program.

F. Computer Network means a set of related, remotely connected devices and any communications facilities, including multiple computers with the capability to exchange data via communications facilities.

G. Total Cost of Ownership means the sum of all costs borne by the Public Agency during the useful life of the software, including costs for software acquisition, installation, worker training, conversion or loading of existing data, interface and integration with related information systems, and long-term costs for software maintenance, upgrades, and technical support.

TITLE II: PUBLIC SOFTWARE PROCUREMENT

1. Decisions by Public Agencies regarding the requisition, procurement, and installation of Computer Software shall be based upon performance and value criteria, including quality, functionality, security, reliability, interoperability, and Total Cost of Ownership.

2. Decisions by Public Agencies regarding the requisition, procurement, and installation of Computer Software must be neutral with respect to:

A. whether such Computer Software is provided by a for-profit entity or a non-profit entity; and

B. the licensing model under which such Computer Software is provided.

3. Nothing in this Act shall preclude Public Agencies from considering the effect of specific licensing terms in software procurement decisions, including licensing terms that govern the availability of Software Source Code, rights and restrictions regarding software modification, redistribution, warranties, security, and intellectual property indemnification.

4. Public Agencies and public employees must conform with federal software procurement and acquisition rules regardless of the licensing model under which software is provided.

TITLE III: ENACTMENT

1. This act shall take effect ninety (90) days after passage.

Sponsor: Westmidlander
Debate on this bill is now open.

[Mr. Reactionary]

This expands competitive procurement in government software purchase contracts to allow more tech companies to compete for government contracts and weaken monopolistic control.

[Mr. Reactionary]

I move for a final vote. 24 hours to object.

[Mr. Reactionary]

A final vote is now open on this bill, lasting until Wednesday at noon eastern (100 hours). Please vote Aye, Nay, or Abstain.

GOVERNMENT SOFTWARE PROCUREMENT ACT

TITLE I: DEFINITIONS

1. As used in this title:

A. Public Agencies means a federal government agency, department, commission, council, board, bureau, committee, institution, college, university, technical school, government corporation, or other establishment of the executive, legislative or judicial branches.

B. Procurement means buying, purchasing, renting, leasing, licensing, or otherwise acquiring any goods or services. It also includes all functions that pertain to the obtaining of any goods or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, installation, maintenance, and all phases of contract administration.

C. Computer Software means a set of Computer Programs, procedures and associated documentation concerned with computer data or with the operation of a computer, Computer Program, or Computer Network.

D. Computer Program means an ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.

E. Software Source Code means pre-compiled, human-readable versions of a Computer Program.

F. Computer Network means a set of related, remotely connected devices and any communications facilities, including multiple computers with the capability to exchange data via communications facilities.

G. Total Cost of Ownership means the sum of all costs borne by the Public Agency during the useful life of the software, including costs for software acquisition, installation, worker training, conversion or loading of existing data, interface and integration with related information systems, and long-term costs for software maintenance, upgrades, and technical support.

TITLE II: PUBLIC SOFTWARE PROCUREMENT

1. Decisions by Public Agencies regarding the requisition, procurement, and installation of Computer Software shall be based upon performance and value criteria, including quality, functionality, security, reliability, interoperability, and Total Cost of Ownership.

2. Decisions by Public Agencies regarding the requisition, procurement, and installation of Computer Software must be neutral with respect to:

A. whether such Computer Software is provided by a for-profit entity or a non-profit entity; and

B. the licensing model under which such Computer Software is provided.

3. Nothing in this Act shall preclude Public Agencies from considering the effect of specific licensing terms in software procurement decisions, including licensing terms that govern the availability of Software Source Code, rights and restrictions regarding software modification, redistribution, warranties, security, and intellectual property indemnification.

4. Public Agencies and public employees must conform with federal software procurement and acquisition rules regardless of the licensing model under which software is provided.

TITLE III: ENACTMENT

1. This act shall take effect ninety (90) days after passage.

[Mr. Reactionary]

Aye

[Mr. Reactionary]

Bill passes 13-0-0-5.

[Mr. Reactionary]

GOVERNMENT SOFTWARE PROCUREMENT ACT

TITLE I: DEFINITIONS

1. As used in this title:

A. Public Agencies means a federal government agency, department, commission, council, board, bureau, committee, institution, college, university, technical school, government corporation, or other establishment of the executive, legislative or judicial branches.

B. Procurement means buying, purchasing, renting, leasing, licensing, or otherwise acquiring any goods or services. It also includes all functions that pertain to the obtaining of any goods or services, including description of requirements, selection and solicitation of sources, preparation and award of contracts, installation, maintenance, and all phases of contract administration.

C. Computer Software means a set of Computer Programs, procedures and associated documentation concerned with computer data or with the operation of a computer, Computer Program, or Computer Network.

D. Computer Program means an ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.

E. Software Source Code means pre-compiled, human-readable versions of a Computer Program.

F. Computer Network means a set of related, remotely connected devices and any communications facilities, including multiple computers with the capability to exchange data via communications facilities.

G. Total Cost of Ownership means the sum of all costs borne by the Public Agency during the useful life of the software, including costs for software acquisition, installation, worker training, conversion or loading of existing data, interface and integration with related information systems, and long-term costs for software maintenance, upgrades, and technical support.

TITLE II: PUBLIC SOFTWARE PROCUREMENT

1. Decisions by Public Agencies regarding the requisition, procurement, and installation of Computer Software shall be based upon performance and value criteria, including quality, functionality, security, reliability, interoperability, and Total Cost of Ownership.

2. Decisions by Public Agencies regarding the requisition, procurement, and installation of Computer Software must be neutral with respect to:

A. whether such Computer Software is provided by a for-profit entity or a non-profit entity; and

B. the licensing model under which such Computer Software is provided.

3. Nothing in this Act shall preclude Public Agencies from considering the effect of specific licensing terms in software procurement decisions, including licensing terms that govern the availability of Software Source Code, rights and restrictions regarding software modification, redistribution, warranties, security, and intellectual property indemnification.

4. Public Agencies and public employees must conform with federal software procurement and acquisition rules regardless of the licensing model under which software is provided.

TITLE III: ENACTMENT

1. This act shall take effect ninety (90) days after passage.

Passed 13-0-0-5 in the Atlasian Senate assembled.

- R, PPT