Javali - Open Source Systems

The ESOP - Association of Software Open Source Portugueses, calculates that they will have spent 1.5 million in software purchases in conditions detrimental to the state, where they violated the rules of transparency and competition set in the EU and national legislation. 

Among the irregularities noted, include:

• Lack of technical requirements for products that are intended to acquire;
• Reference to brand name or manufacturer of the software as a mandatory requirement of the tender;
• Abuse of dominant position: that acquisitions coupled by a product ruling forcing the introduction of one or more products from the same manufacturer, without consulting the market for this purpose;
• Absence of generalized analysis of products from various manufacturers on the market. 

The Municipality of Sines, Odemira, Santiago Cacém, Portalegre, Alcacer do Sal, Guarda, Santa Maria da Feira and Maia and Management Institute of European Social Fund, part of the entities affected by the irregularities pointed out.  

The Association states that "acts in defense of principles that guarantee the free competition between software companies in the public proceedings, and the rationality of public spending which, in conditions that violate the law, can not be guaranteed."
It also emphasizes that in the economic and financial difficulties that we must reduce public spending, "no one understands it's not done a careful choice of software acquisitions for these entities, ignoring cheaper alternatives." 

The ESOP believes that these situations of violations of competition law and good practice in procurement, are easily avoidable if the authorities responsible effort to meet the National Procurement Agency (ANCP) for the selection and categorization of software products in batches , which allows a rational analysis of costs and benefits of different solutions available.

04-08-10