Prioritize Open Source in Procurement¶
About this policy
Procurement policies that prioritize or favor open-source software help governments avoid vendor lock-in, reduce long-term costs, and strengthen digital sovereignty. These rules ensure public money supports reusable and adaptable digital infrastructure.
What we include
This section highlights official laws, frameworks, and procurement guidelines that give preference to OSS in public tenders or acquisitions by establishing it as the default option, requiring justification when choosing proprietary software, or including OSS among prioritized alternatives during comparative evaluations.
🌍 Policies¶
🇧🇷 Brazil¶
- 🔗 Law Nº 14.063/2020
- 📄 Overview:
Article 16 of Law Nº 14.063/2020 requires public entities to release software they develop under open-source licenses, allowing reuse and modification. This applies retroactively, with exceptions for legal, security, or contractual restrictions.
🇨🇦 Canada¶
- 🔗 Acquiring Open Source Software Guidance
- 📄 Overview:
The Acquiring Open Source Software guidance establishes a preference for OSS in procurement, as outlined in Appendix C of the Directive on Management of IT. Departments are encouraged to select OSS where feasible, provided business needs justify its use. If OSS is freely available and meets requirements, it may be acquired without a formal tender. However, procurement must remain compliant with existing legal frameworks, and any non-standard contract terms require prior authorization.
🇪🇨 Ecuador¶
- 🔗 Organic Code of the Social Economy of Knowledge, Creativity, and Innovation
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📄 Overview:
According to Article 148, public entities must follow a strict order of preference when procuring software. This hierarchy prioritizes open-source software, particularly solutions that include significant locally-added value through development or implementation services. If a public body cannot acquire software that meets this top criterion, it is required to formally justify the acquisition of any other type of technology before the national e-government regulatory authority, which will evaluate the decision based on factors such as sustainability, security, and cost.
- 📄 Overview:
Executive Decree No. 1014 establishes that entities within Ecuador’s Central Public Administration must prioritize free and open-source software in procurement processes. As outlined in Article 1 and Article 5, open-source solutions should be favored over proprietary alternatives, with exceptions only when no suitable OSS exists or when national security is at risk. The decree also sets a preference hierarchy that prioritizes national and regional OSS solutions to ensure technological sovereignty.
🇪🇪 Estonia¶
- 🔗 Interoperability Framework of the State Information System
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📄 Overview:
In the "Interoperability Framework of the State Information System," the policy to prioritize open source software in public procurement is detailed across several sections, including "Openness" (2.9), "Technology neutrality" (2.11), and most explicitly in Chapter 6, "Software and open specifications." The framework mandates that public sector institutions must consider open source software alternatives when procuring or developing any new system. More specifically, Requirement 6.1 states a clear preference for software with an accessible source code when other conditions of the procurement are equal. This policy is part of a broader strategy to ensure openness and avoid vendor lock-in, implying that any decision to select a proprietary solution should be well-justified against suitable open source options.
- 📄 Overview:
The Estonian IT Interoperability Framework mandates that public institutions evaluate open-source software alongside proprietary alternatives in procurement and development. When functional requirements are equal, open-source solutions are to be prioritized, especially because they allow broader reuse across government agencies. The framework also encourages collaborative procurement and requires that IT acquisitions include access to source code or modifications, promoting transparency, long-term sustainability, and avoidance of vendor lock-in.
🇫🇷 France¶
- 🔗 Law for a Digital Republic
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📄 Overview:
France's 2016 Law for a Digital Republic establishes a preference for open source software in the public sector. Article 16 encourages government administrations to use free/libre software and open formats when developing, purchasing, or operating their information systems. This policy aims to help preserve the control, long-term viability, and independence of public information systems.
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🔗 Free Software: A Strategic Lever for a Sovereign and Sustainable Digital Administration
- 📄 Overview:
The 2024 renewal of the interministerial support contract for free software, led by the DGFiP and coordinated by the State Procurement Directorate, prioritizes open-source solutions in public procurement by pooling resources across 13 ministries and several national agencies. While not a legal mandate, it strategically favors OSS by ensuring centralized support, security, and long-term viability.
🇩🇪 Germany¶
- 🔗 BMI Open Source 2024
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📄 Overview:
The OZG Amendment Act (OZG-ÄndG) introduces §16a of the E-Government Act, requiring federal authorities to prioritize open-source software in procurement over proprietary options. It also mandates the use of open standards and open-source components in federal IT systems, reinforcing digital sovereignty and interoperability.
- 📄 Overview:
In Section 4.3, "Lernender, digitaler Staat" (Learning, Digital State), Germany's Digital Strategy establishes the prioritized use of open-source software within the government. This approach is presented as a core measure to enhance the digital sovereignty of the public administration and reduce dependencies on specific technology vendors.
🇮🇹 Italy¶
- 🔗 Guidelines on the acquisition and reuse of software for public administrations
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📄 Overview:
Based on Article 68 and detailed in Chapter 2, these guidelines establish a mandatory procurement hierarchy. Public administrations must first evaluate reusable public software and other open source solutions to meet their needs. They are only permitted to consider proprietary or custom-built software after formally documenting and justifying that no suitable open source option exists.
- 📄 Overview:
The DPCM 24 December 2019, n.177 reinforces the requirement for public administrations to prioritize open-source software in procurement decisions. As stated in Article 22, it mandates that all software acquisitions undergo a comparative technical and economic evaluation, giving precedence to solutions developed for or reused by the public sector, including open-source software. Proprietary software may only be procured when no suitable open-source or existing internal solution is available at a lower cost. This provision aligns with Article 68 of the Digital Administration Code and ensures that open-source options are considered before acquiring new licensed products.
🇰🇷 South Korea¶
- 🔗 Public Procurement MAS for Open Source (2021)
- 📄 Overview:
Korea’s Public Procurement Service introduced a Multiple Award Schedule (MAS) specifically to support open-source software procurement. Under this initiative, GS-certified open-source solutions particularly operating systems and databases—receive prioritized support within public procurement frameworks. The policy, announced in 2021 as part of broader digital innovation efforts, integrates OSS into the national IT services platform, ensuring open-source options are proactively considered in government acquisitions.
🇪🇸 Spain¶
- 🔗 Royal Decree 4/2010 on the National Interoperability Framework
- 📄 Overview:
Royal Decree 4/2010 mandates that software and digital assets developed by or for Spain’s public administrations be released for public reuse by default. Article 16 sets licensing terms that prioritize open-source distribution, requiring that licenses allow execution, access to source code, modification, and redistribution. It also ensures public bodies retain full intellectual property rights in software development contracts. Article 17 reinforces this by requiring the publication of reusable applications and their documentation in public repositories, facilitating access and reuse by other administrations and the general public.
🇨🇭 Switzerland¶
- 🔗 Strategic Guidelines for OSS (2019)
- 📄 Overview:
In 2005, the Federal IT Strategy Unit (FITSU) published the first version of an OSS strategy for the Federal Administration. At that time, the most important principle was defined as the equal treatment of OSS with closed source software in procurement. Since publication in 2005, the prevalence of open source software has steadily increased. According to the Open Source Study Switzerland 2024 report, a clear majority of companies and authorities use open source software in many different areas. In the software industry, very few companies do not work with open source tools and components. On 1 February 2019, these Strategic Guidelines for Open Source Software in the Federal Administration and the practical guidelines came into force as Version 1.0. With the enact- ment of EMOTA and the new obligations under Article 9, it became necessary to align both sets of guidelines with the new status and create additional tools for the federal authorities."
🇬🇧 United Kingdom¶
- 🔗 Open Source, Open Standards and Re‑Use: Government Action Plan)
- 📄 Overview:
The UK Government mandates that procurement processes actively consider open-source solutions on equal footing with proprietary alternatives. As detailed in the policy section and reinforced in Action 5, vendors must demonstrate that open-source options were fairly evaluated; failure to do so renders bids non-compliant. Where costs are similar, open-source is preferred for its added flexibility.
🇺🇸 United States¶
- 🔗 U.S. Digital Services Playbook
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📄 Overview:
The playbook guides agencies to consider OSS solutions across the technology stack. Play 8 advises this to avoid vendor lock-in and align with modern practices. This is integrated into procurement via Play 5, which states that contracts must be structured to ensure open source alternatives are evaluated during technology selection, promoting cost-effectiveness and flexibility in government IT.
- 📄 Overview:
The policy sets a clear preference for using Free and Open Source Software (FOSS) in all new CISA projects. It states that using FOSS is the agency's default position when starting development. The "Exceptions" section clarifies that alternative, non-open-source options are only to be considered if a suitable open source solution cannot be found.
🇺🇾 Uruguay¶
- 🔗 Law No. 19179: Regulation on Digital Information Formats and Software
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📄 Overview:
Article 2 establishes a clear preference for free software in all government software license acquisitions. The policy mandates that if a public body chooses a proprietary software solution, it must provide a formal justification for the decision, ensuring that open source is the default consideration.
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🔗 Decree No. 44/015: Regulation of Law 19.179 on Digital Information and Software
- 📄 Overview:
Article 8 strengthens the procurement preference for OSS by detailing the justification process. It requires that for key acquisitions like office software and operating systems, agencies must submit their justification for choosing a proprietary option to the digital government agency (AGESIC) for review.
🇪🇺 European Commission¶
- 🔗 European Commission digital strategy: Next generation digital Commission
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📄 Overview:
The strategy establishes a clear preference for open source software as a means of achieving digital sovereignty and autonomy. Page 5 explicitly states that the Commission has expressed its preference for using open source solutions as a technical alternative that allows it to operate in a cost-effective, independent, and secure way, framing OSS as a strategic choice.
- 📄 Overview:
The "Think Open" principle, detailed in Section 5.1, explicitly states that open source solutions will be given preference when they are equivalent to proprietary alternatives in terms of functionality, total cost, and cybersecurity. This establishes a clear procurement preference that encourages the adoption of OSS across the Commission's IT landscape.
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