Guide
Open source in government procurement
How public buyers treat open-source software, policies that favour opening code built with public money, and how small firms can use open source to win and deliver public work.
Open source is no longer unusual in government. Many public digital teams prefer it, and some policies require code paid for with public money to be released openly.
Government policies
- UK: the Technology Code of Practice and Service Standard ask teams to make new source code open and reusable, and to use open standards.
- Canada: the Government of Canada Digital Standards and related policy favour open source and open standards, and encourage publishing code.
- US: the Federal Source Code Policy encourages agencies to share custom code and release some as open source, and later legislation has pushed agencies to share more custom code between them.
- EU: the European Commission has an open-source strategy, and several member states have "public money, public code" policies.
What this means in tenders
You may see requirements to:
- Publish code in a public repository under an approved licence.
- Avoid proprietary components that lock the buyer in.
- Use open standards and documented APIs.
- Hand over all code, documentation and build tools at the end.
Why it can help small firms
- Lower barriers. Buyers can switch suppliers more easily, which opens opportunities to firms that weren't the original builder.
- Reuse. You can build on code other governments have released, such as design systems and form builders.
- Reputation. Public code shows your quality to future buyers.
Licences matter
Know the difference between permissive licences (such as MIT and Apache 2.0) and copyleft ones (such as GPL), and keep a list of every open-source component you use and its licence. Some buyers ask for a software bill of materials.
Protect your own products
If you sell a proprietary product, be clear about what's open and what isn't. Many firms run an open core model, or offer open-source software with paid support and hosting. See IP in government software contracts.
Common questions
Does government prefer open-source software?
Many governments say they prefer it or should consider it on equal terms, especially for custom-built services. Buyers still choose based on value for money and fit.
Will I have to open-source the code I write for government?
Sometimes. Check the IP and open-source clauses. Some buyers require it, some prefer it, and some keep code private.
Can I sell support for open-source software to government?
Yes. Many public buyers buy support, hosting and development for open-source platforms like Drupal, WordPress and PostgreSQL.