A strategic framework for the French State's IS: what's new about “Open Bar” agreements?

Submitted by tboyer on 18 July, 2013 - 18:38

Paris, 14 March 2013. Press release.

On 14 March 2013, the French Prime Minister published a circular, along with a document entitled "Global strategic framework for the State's information system" (nonaccessible PDF, 42 pages) which sets out broad guidelines for the "digital transition." One of those guidelines seems to target specifically the “Open Bar” IT agreements, such as that which is currently being renegotiated with Microsoft by the Ministry of Defence. Although April can only welcome an announcement which encourages an effective buying strategy, as well as openness and Free Software, it has doubts about the outcome of the current negotiations between the Ministry and Microsoft. Moreover, it is still awaiting a reply to its letter to the Prime Minister on that matter.

Indeed, according to the strategic framework of the State's IS, two critical precautions must be taken: allowing reversability and transferability upon termination of the contract, and avoiding the dominance of a single supplier; a strategy to optimise procurements is defined and applied to each segment of the CIS market. According to the document, optimisation in the software field must rest on the potential of Free Software1. However, what was adopted and is about to be renewed in the context of the Microsoft/Defence “Open Bar” agreement amounts to the exact opposite of those guidelines and will result in complete dependency of the public administration on a single supplier.

"This strategic framework, which received Prime Minister approval, makes some positive recommendations. But in the meantime the 'Open Bar' Microsoft/Defence agreement is moving in the opposite direction. And our letters to the Prime Minister and to the Minister of Defence have gone unanswered to this day. We call on the Prime Minister to implement his recommendations by adjourning renegotiation of the agreement", said Frédéric Couchet, April's Executive Director.

About April

Pioneer of free software in France, April is since 1996 a major player in the democratisation and the spread of Free Software and open standards to the general public, professionals and institutions in the French-speaking world. In the digital era that is ours, it also aims to inform the public on the dangers of an exclusive appropriation ofinformation an knowledge by private interests.

The association has over 5,000 members, using or producing Free Software.

For more information, you may go to the following website: http://www.april.org/, contact us by phone at +33 178 769 280 or through our contact form.

Press contacts:

Frédéric Couchet, Executive Director, fcouchet@april.org +33 660 688 931
Jeanne Tadeusz, Public Affairs Officer, jtadeusz@april.org +33 1 78 76 92 82

1.
Page 30 of the PDF, i.e. pages 24 through 36 of the strategic-framework document (our translation):

«3.3.4 The relationship with suppliers is steered

Whether for equipment, external services or rights-of-use (licenses), the State calls on private suppliers in the context of public procurement. Precise targeting of actual needs —with respect to value, completedness, anticipation, etc.— should be given special attention. This is the condition for an effective buying strategy which allows for capturing the supplier's performance, selecting the pertinent procurement procedure, and guaranteeing proper execution of the contract.

«3.3.4 The relationship with suppliers is steered

Whether for equipment, external services or rights-of-use (licenses), the State calls on private suppliers in the context of public procurement. Precise targeting of actual needs —with respect to value, completedness, anticipation, etc.— should be given special attention. This is the condition for an effective buying strategy which allows for capturing the supplier's performance, selecting the pertinent procurement procedure, and guaranteeing proper execution of the contract.
- upon contract termination, reversability or transferability should be possible, provided for, and tested; it should go hand in hand with the control of knowledge —of architectures, interfaces, software code, etc.— and, if need be, with proper internal expertise;
- the excessive statewide dominance of any one supplier entails risks —in the event of a change in pricing policy, in the event of a security breach, etc.; as regards the main suppliers, a necessary precaution is to invest into credible alternatives and especially in the area of Free Software.
Goal [18]: Based on an interministerial procurement pool and on management of the hardware and software assets, a strategy for optimising purchases is defined and applied to each segment of the CIS market. In the software field, optimisation rests on the potential of Free Software.