Kuyumdjieva & Vitliemov

07 July 2016

Amendments in development of software public procurement requirements

Bulgarian administration shall require that computer programs satisfy the open source software requirements, when assigning public procurement for their development.

The obligation is effective as of 1 July 2016 and was introduced by way of the new Article 58a of the Electronic Governance Act (EGA).

As per the motives of the bill, the use of closed-source software if it would be more effective for the performance of the needs identified shall not be deemed precluded after all.

Another novelty is the requirement that all copyright and related rights on the programs, their source code, interfaces’ designs and databases which are subject matter of the procurement, shall arise for the public authority in full scope, without any limitations on the use, modification and distribution.

The changes are a part of a packages of amendments and supplements to the EGA which aim at improving the coordination between the administrations in the electronic exchange of data and facilitation of the public access to electronic administrative services.

Vania Todorova