S.22.2-68: Public Software Procurement Act (PASSED)

[fhtagn]

PUBLIC SOFTWARE PROCUREMENT ACT

TITLE I: DEFINITIONS

1. As used in this title:

A. Public Agencies means a Regional or State 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.  Public Agencies also include interstate or regional entities participating in multi-state or multi-jurisdictional procurements. Public Agencies also include local political subdivisions such as counties, municipalities, school districts, or public service districts.

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 the Region’s 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: fhtagn

[Mr. Reactionary]

This prohibits monopoly software contracting in public procurement.

[fhtagn]

If there are no more comments, I move we proceed to a vote. 24 hours for objections.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[reagente]

aye

[UlmerFudd]

aye

[fhtagn]

Aye

[fhtagn]

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest

[RFayette]

Aye

[President Punxsutawney Phil]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

PUBLIC SOFTWARE PROCUREMENT ACT

TITLE I: DEFINITIONS

1. As used in this title:

A. Public Agencies means a Regional or State 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.  Public Agencies also include interstate or regional entities participating in multi-state or multi-jurisdictional procurements. Public Agencies also include local political subdivisions such as counties, municipalities, school districts, or public service districts.

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 the Region’s 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.