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RFI - NO CHARGE LICENSED SOFTWARE


 
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Header

  Reference Number PW-$$EE-015-18733
  Solicitation Number 24062-080278/A
  Organization Name Public Services and Procurement Canada
Travaux publics et Services gouvernementaux Canada
  Source ID FD.DP.QC.10077.C2
  Associated Components Yes

Dates

  Published 2009-01-20
  Revised 2009-01-22
  Closing 2009-02-19 02:00 PM Eastern Standard Time EST

Details

  Category EDP Hardware and Software
  GSINS N7030: ADP SOFTWARE
  Region of Delivery National Capital Region
  Region of Opportunity
  Agreement Type NONE
  Tender Type Letter of Interest (LOI)
  Estimated Value
  Solicitation Method

Notice Description

  RFI - NO CHARGE LICENSED SOFTWARE

Trade Agreement: NONE
Tendering Procedures: All interested suppliers may submit a bid
Attachment: None
Competitive Procurement Strategy: N/A - P&A/LOI Only
Comprehensive Land Claim Agreement: No
Nature of Requirements:

    REQUEST FOR INFORMATION (RFI)

FOR

NO CHARGE LICENSED SOFTWARE

FOR

The Department of Public Works and Government Services Canada
(PWGSC)

This is not a bid solicitation. Canada is seeking feedback from
the Industry with respect to No Charge Licensed Software.

1.Introduction

1.1 Overview

Canada has a Request for Information (RFI) related to No-Charge
Licensed Software (typically referred to as Free and Open Source
Software or FOSS and also applicable to freeware). For the
purpose of the RFI, No Charge Licensed Software means Licensed
Software that is available at no charge for the Licensed
Software and is typically made available as a free download from
the Internet. No Charge Licensed Software may also have No
Charge Software Support Services (NCSSS) available at no charge
from the Internet.

No Charge Licensed Software categories would include software
categories such as Operating Systems, Office Automation Office
Suites, Internet browsers, Application servers, development
tools and utilities.

For the RFI it should be assumed that Canada is a consumer as
compared to a developer or distributor. As Canada consumes
No-Charge Licensed Software that is available at no charge, what
information, criteria and factors should Canada be aware of as
part of the process of deciding the who, what, where, when and
why and by whom considerations. For example, what factors should
be considered, when should those decisions be made and why
should they be made. In addition there may be questions that
should be asked as part of the process, see Section 3 for
additional questions.

In responding to the RFI, information related to the questions
will be appreciated. In addition if there is information that is
relevant to the development of guidelines that would impact a
decision process it should also be included. If possible the
information provided should be complete and not require
referencing other material not included unless there is no other
way of providing the information

1.2 Objectives of the RFI

The purpose of the RFI is to help the Government of Canada (GC)
put together guidelines related to the planning, acquisition,
use and disposal of No Charge Licensed Software (NCLS). While
there is already significant interest for No Charge Licensed
Software within the Government of Canada there are many
questions being asked, see below. There exists operationally a
requirement to produce common guidelines that are fair, open and
transparent and can be applied consistently across departments.

The objective of the RFI is to provide an opportunity for those
interested to provide information they feel Canada should be
aware of when developing internal guidelines related to the
planning, usage and disposal of No Charge Licensed Software.
Information that would be relevant to the development of
guidelines will be appreciated. The information provided will be
reviewed by Canada, as part of a process of producing No Charge
Licensed Software Guidelines for Government of Canada End-Users.

2. Instructions to Respondents

The following sub-sections provide specific instructions for
respondents.

2.1 Nature of Request for Information

This is not a bid solicitation. This RFI will not result in the
award of any contract; therefore, potential suppliers of any
goods or services described in this RFI should not earmark stock
or facilities, nor allocate resources, as a result of any
information contained in this RFI. Nor will this RFI result in
the creation of any source list; therefore, whether or not any
potential supplier responds to this RFI will not preclude that
supplier from participating in any future procurement. Also, the
procurement of any of the goods and services described in this
RFI will not necessarily follow this RFI. This RFI is simply
intended to solicit feedback from industry with respect to the
contents of this RFI.

2.2 Response Costs

GC will not reimburse any respondent for expenses incurred in
responding to this RFI.

2.3 Treatment of Responses

Use of Responses: Responses will not be formally evaluated.
However, the responses received may be used by the Crown to
develop or modify procurement strategies or any draft documents
contained in this RFI. The Crown will review all responses
received by the RFI closing date. The Crown may, in its
discretion, review responses received after the RFI closing
date.

Review Team: A review team composed of representatives from the
Crown will review the responses. The Crown reserves the right to
hire any independent consultant, or use any government resources
that it considers necessary to review any response. Not all
members of the review team will necessarily review all
responses.

Confidentiality: Respondents should mark any portions of their
response that they consider proprietary or confidential. The
Crown and its consultants will treat those portions of the
responses as confidential to the extent permitted by the Access
to Information Act.

Post-Submission Review Meetings: The Crown may request
individual Post-Submission Review Meetings with respondents to
provide clarity on information provided. If required, these will
be held at the most appropriate location, to be determined at a
later date. The intent of these meetings will be to provide an
opportunity for a face-to-face discussion with respondents.
Although respondents may request a meeting, and their request
will be considered, the Crown will determine whether it requires
additional information from any given respondent and will
schedule meetings accordingly. All such requests, by
respondents, should be forwarded to the Contracting Authority.

2.4 Response Format

Section 3 contains specific questions that are consecutively
numbered. Respondents are asked to submit responses indexed by
the specific RFI question number. Respondents are asked to
repeat the question prior to their response for reviewer
convenience.

Respondents are requested to submit one softcopy, in PDF format,
of their response.

A) Cover Page: If the response includes multiple volumes,
respondents are requested to indicate on the front cover page of
each volume the title of the response, the solicitation number,
the volume number and the full legal name of the respondent.
B) Title Page: The first page of each volume of the response,
after the cover page, should be the title page, which should
contain:
- The title of the respondent's response and the volume number;
- The name and address of the respondent;
- The name, address and telephone number of the respondent's
contact;
- The date; and
-The solicitation number.

2.5 Numbering System

Each question has its own unique number. It is prefixed with
"Q-" followed by a sequence number (e.g. Q-1). Respondents are
requested to prepare their response using a numbering system
corresponding to the one in this RFI. All references to
descriptive material, technical manuals, and any brochures
included as part of the response, should be referenced
accordingly.

2.6 Enquiries

Because this is not a bid solicitation, the Crown will not
necessarily respond to all enquiries in writing or by
circulating answers to all potential suppliers. However,
respondents with questions regarding this RFI may direct their
enquiries to the Contracting Authority identified herein.

2.7 Submission of Responses

Respondents should send responses electronically via e-mail to
the Contracting Authority's address identified herein by the
date specified on the front page of the RFI.

All requested information is to be provided to the Contracting
Authority on or before the closing date of the RFI.

2.8 Contracting Authority
Contracting Authority:    Emilio Franco
E-mail Address:    Emilio.Franco@pwgsc-tpsgc.gc.ca
Telephone No.:    (819) 956-1184
Facsimile No.:        (819) 953-3703

3. Questions

This section solicits specific feedback and comments on No
Charge Licensed Software. Detailed comments and responses are
requested.

Q1. In the Overview, the Crown provided a definition for No
Charge Licensed Software. Is this an appropriate definition?
Q2. What are reasonable criteria that the Crown should consider
in a decision process for acquiring No Charge Licensed Software?
Are there circumstances in which the acquisition of No Charge
Licensed Software would not be advisable?
Q3. What factors other than price should be considered as part
of an evaluation guideline for No Charge Licensed Software? Are
there other factors beyond those outlined in Appendix A & B that
the Crown should consider?
Q4. How should existing Government Furnished Equipment,
Services, Service Level Agreements and internal resources be
considered when evaluating the usage of No Charge Licensed
Software?
Q5. How practical is No Charge Licensed Software? Are there
hidden costs that need to be considered as part of the process
of evaluating the alternatives available?
Q6. What are the general financial, technical and security risks
associated with acquiring and using No Charge Licensed Software?
Q7. How do Open Standards and interoperability factor into
evaluation considerations?
Q8. How does the technology factor into the evaluation
consideration, such as ability to maintain and evergreen?
Q9. How does the Crown evaluate the flexibility of the licensing
models for No Charge Licensed Software?
Q10. What impact will No Charge Licensed Software have on
Government Licensed End-User Networks
(http://software.tpsgc.gc.ca//catalogue/index-e.cfm)


Appendix A No Charge Licensed Software Checklist

The following list includes criteria typically associated with
the acquisition and evaluation of licensed software. Please
identify if these critiera also apply to No Charge Licensed
Software.

1.0 Software Factors    Assessment Checklist     Notes
1.1 Licensed Software    Yes ____ No ____ Not Required ______    
1.2 Warranty    Yes ____ No ____ Not Required ______    
1.3 Maintenance    Yes ____ No ____ Not Required ______    
1.4 Support Services    Yes ____ No ____ Not Required ______    
1.5 Media & Documentation    Yes ____ No ____ Not Required ______    
1.6 Optional Maintenance    Yes ____ No ____ Not Required ______    
1.7 Optional Support Services    Yes ____ No ____ Not Required
______    
1.8 Optional Training    Yes ____ No ____ Not Required ______    
1.9 Optional Professional Services    Yes ____ No ____ Not Required
______    
1.10 Indemnity     Yes ____ No ____ Not Required ______    
1.11 Limitation of Liability    Yes ____ No ____ Not Required
______    
1.12 Flowthrough of Legal Obligations    Yes ____ No ____ Not
Required ______    
2.0 Support Factors         
2.1 Transition    Yes ____ No ____ Not Required ______    
2.2 Translation    Yes ____ No ____ Not Required ______    
2.3 Installation    Yes ____ No ____ Not Required ______    
2.4 Development    Yes ____ No ____ Not Required ______    
2.5 Quality Control    Yes ____ No ____ Not Required ______    
2.6 Testing    Yes ____ No ____ Not Required ______    
2.7 Implementation    Yes ____ No ____ Not Required ______    
2.8 Production    Yes ____ No ____ Not Required ______    
2.9 Performance    Yes ____ No ____ Not Required ______    
3.0 Requirements Factors          
3.1 Functional Requirements    Yes ____ No ____ Not Required
______    
3.2 Users Requirements    Yes ____ No ____ Not Required ______    
3.3 Performance Requirements    Yes ____ No ____ Not Required
______    
3.4 Quality Requirements    Yes ____ No ____ Not Required ______    
3.5 Organizational Requirements    Yes ____ No ____ Not Required
______    
3.6 Security Requirements    Yes ____ No ____ Not Required ______    
3.7 Support Requirements    Yes ____ No ____ Not Required ______    
3.8 Systems Requirements    Yes ____ No ____ Not Required ______    
3.9 Reference Requirements    Yes ____ No ____ Not Required ______    



Appendix B DRAFT Guidelines - Decision Process for acquiring
No Charge Licensed Software

Draft proposed Process description

The process begins with a request from an application delivery
group or end user to use a particular piece of software.
Depending on the nature of the acquisition (specifically,
whether or not the acquisition involves a cost greater than $0),
the process proceeds either through a conventional procurement
workflow (not detailed here) or through the "No Charge"
acquisition process.

The No Charge process consists of five concurrent streams of
activity, each of which is critical to the successful
acquisition, management and integration of the software within
the GC or departmental environment.

These five streams consist of the following:

1. Architectural Review and Approval This involves the
applicable Enterprise Architecture group reviewing the product
to ensure that it:
- Is appropriate for the use specified in the request
- Works well within the technical environment
- Does not violate or overlap with any existing standards

2. Financial Risk Assessment Per Treasury Board Secretariat
direction, the use of No Charge Software (particularly Free and
Open Source Software) requires the completion of a financial
risk assessment. The financial risk assessment must consider the
risk exposure per year against the financial benefit. Depending
on the level of risk involved, approval of the risk assessment
will be required by:
-The applicable Senior Financial Officer or delegate for
substantive risk
-The business owner of the impacted or system where risk is
non-substantive

3. Justification of No Charge Acquisition - A Procurement
Officer must review the justification for acquisition of No
Charge Software, for clarification and as due diligence for the
validity of reasons and that they will stand possible future
scrutiny.

4. Investigation of Security Risks Given the potentially
heightened security risk of downloadable No Charge Software, the
appropriate IT Security Officer must investigate and approve No
Charge Software before it is approved for use. In particular,
the security assessment will assure that the product does not
contain viruses, malware or other means for an attacker to
compromise the GC or departmental environment.

5 Software License Review Due to the diverse nature of licence
models associated with No Charge Software, a review must be
conducted to identify potential legal/policy impediments for the
GC in agreeing to a particular licence agreement. The intent is
to accumulate a list of acceptable licences (including popular
ones such as GPL, LGPL, Apache etc.) so that a particular
license model would only have to be examined once across the
entire GC.

Some of the most significant legal/policy concerns would
include:
- No warranty or limitation of liability, the imposition of
flowthrough obligations to 3rd parties, and obligations that the
Crown indemnify licensors or 3rd parties.
- ownership of data manipulated/stored with the product
- limitations on the use of the product conflicting with GC or
departmental intent
-instances where the Government of Canada could be obliged to
pay the creator.

If all five approvals are received, then the software can be
installed on the appropriate environment(s), be they servers or
desktops. The same change management and deployment processes
apply as to software that has been acquired through conventional
procurement.

Delivery Date: Above-mentioned

The Crown retains the right to negotiate with suppliers on any
procurement.

Documents may be submitted in either official language of Canada.


Franco (ee div), Emilio
11 Laurier St. / 11 rue, Laurier
4C1, Place du Portage, Phase III
Gatineau
Quebec
K1A 0S5
(819) 956-1184 ( )


 

Contact(s)

Contracting Authority

  Name Emilio Franco (ee div)
  Address 11 Laurier St. / 11 rue, Laurier 4C1, Place du Portage, Phase III
  City Gatineau
  State / Province Quebec
  Country Canada
  Postal Code K1A 0S5
  Phone (819) 956-1184 ( )
  Fax (819) 953-3703
  Email
  Website URL

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