Procurement Is the Biggest Form of Fundraising for FLOSS
Shifting from "Free Assets" to "Living Infrastructure"
Mike Gifford, CivicActions
11:10am, Jan 31, 2026 (UD2.218A) | FOSDEM
Funding the FOSS Ecosystem
Procurement funds maintenance, not charity. Name + role. Thesis.
Thesis: Public procurement is the largest realistic funding stream for long-term open source
maintenance, because it is recurring, budgeted, and tied to mission delivery.
Anchor concept: “Public Money, Public Code” argues that publicly funded software should be
publicly reusable. https://publiccode.eu/
Why this talk exists: Donations are episodic. Procurement is structural. If procurement
requires open deliverables and upstream contributions, it becomes durable funding for the commons.
The Problem: The Charity Model Is Broken
- Relying on donations leads to maintainer burnout & fragile projects
- Unfunded maintenance creates insecure supply chains
- Donations don't scale to meet the maintenance needs of infrastructure
- Infrastructure needs ongoing, reliable investments
Supply-chain risk. Log4j, xz. Maintenance is security.
Claim: Unfunded maintenance creates systemic security risk because critical components are
widely reused without sustainable staffing.
- Log4Shell (Log4j): widely used Java logging library vulnerability exposed how understaffed
infrastructure projects can be. https://www.cisa.gov/news-events/cybersecurity-advisories/aa21-356a
- xz-utils backdoor attempt: shows social engineering and maintainer compromise risk in core
tooling. https://en.wikipedia.org/wiki/XZ_Utils_backdoor
Conclusion: “Maintenance” is not optional work. It is security work. Procurement can fund it
as operational necessity.
The Great Misunderstanding
The Coffee Money
- User donations
- Pledges
- Tech Funds
The Trillion Dollar River
- Government procurement: $50M+ contracts
- But, procurement buys vendors and warranties, not open code
- Public procurement remains by far the largest funding source
$5 vs $50M. Crowdfunding is noise. Procurement is signal.
Claim: We overweight small-dollar fundraising because it is culturally familiar, but it cannot
match the scale of public procurement.
- Donations/pledges: useful, but unpredictable and limited in scale.
- Procurement: budgets exist already; the question is what requirements they enforce (open
deliverables, maintenance, upstream work).
Example pledge framing: attempts to normalize funding commitments in industry.
https://opensourcepledge.com
Speaker point: This talk is not anti-donation. It is “stop pretending donations solve
infrastructure funding.”
Technical & Market Reality
- 97% of audited codebases contain open source components (OSSRA)
- Open source technology has won, but the movement hasn't
- Business incentives aren't aligned
| Source |
Scale |
| Sovereign Tech Fund |
€17M (Minnow) |
| EU public IT & digital services procurement |
$100s of B (Whale) |
| GovTech Market |
~$600B (Pods) |
97% uses OSS. Funding mismatch. Cite sources.
Claim: Open source is ubiquitous in delivered software, but funding and incentives do not
match that dependence.
- 97% statistic: cite the Synopsys Open Source Security and Risk Analysis (OSSRA) report
used for your slide claim. https://www.synopsys.com/software-integrity/resources/analyst-reports/open-source-security-risk-analysis.html
- GovTech scale: frame as a large market where procurement rules determine who benefits.
World Economic Forum GovTech framing.
https://www.weforum.org/publications/the-global-public-impact-of-govtech/
- Public digital capability gaps: procurement and delivery reform context (UK review).
https://www.gov.uk/government/publications/state-of-digital-government-review/state-of-digital-government-review
What to defend verbally: “Open source won the technical war; funding did not follow.”
The Pivot: Operational Maintenance
Problem: Central Funding is Fragile
- Grants/Sponsorships end abruptly
- Political shifts enable cuts (risk)
- Decentralized procurement builds resilience
Solution: Funded OpEx
- End Proprietary: High OpEx (Rent)
- Change OSS: Unfunded maintenance
- OSS (Resilient): ~20% allocated to upstream maintenance
Move to funded OpEx. 20% upstream rule.
Claim: Central grants are fragile. Procurement is distributed and recurring. That creates
resilience.
- Grants end: timeboxed funding does not guarantee long-term maintenance.
- Political risk: centrally administered funds can be cut; distributed procurement spreads
risk across many buyers.
Practical rule of thumb: When adopting OSS, allocate a predictable slice of delivery spend to
upstream maintenance (your “~20%” example) and treat it as ongoing operations, not a one-time project cost.
Reference point (fund model context): Sovereign Tech Fund. https://www.sovereign.tech/
Why procurement should treat FOSS as infrastructure
- Open Standards: prevent lock-in
- Open source: enables reuse and auditability
- Open governance: reduces single-vendor capture
- FOSS AI: enables innovation
Position DPI as the stack; mention OpenACR as procurement-ready evidence. Save ladder for next slide.
DPI layers:
- Open Source & Digital Public Goods: the engine
- Open Standards: the rails
- Open Data: the cargo
- Actually Open AI: all of the above?
- Open Communities: the governance
Procurement-ready evidence example: Accessibility Conformance Reports can be required and
evaluated in a structured way. OpenACR is an open format and tooling initiative. https://openacr.org/
RFP Hacks: Upstream-First & Working in the Open
- Require upstream submission (PR links) as deliverables
- Create public repo early; include LICENSE, README, CONTRIBUTING, CI
- Use release tags & public issue trackers for provenance
- Optional: holdback or small escrow released after repo verification
Handout has clauses. Require upstream PR links.
Claim: “Upstream-first” only happens reliably when it is a contractual deliverable with
verification steps.
- Deliverable form: PR links submitted upstream, not just “we changed code.”
- Repo hygiene: LICENSE, README, CONTRIBUTING, CI, and public issue tracking establish
provenance and continuity.
- Verification lever: small holdback/escrow tied to repository openness and basic checks.
Reference examples:
- Drupal RFP Guide: https://www.drupal.org/community/governance/rfp
- French public code guidance ecosystem (code.gouv): https://code.gouv.fr/
Contract Examples
- Deliverables must use open standards and be delivered without licensing or contractual restrictions at
contract close
- Payment holdback 1–5% until repo is public, licensed, and has CI
- Define maintenance as an option year with SLAs and upstream contribution expectations
Holdback. Open repo. Option-year maintenance.
Claim: “Open deliverables” must be defined in contract language, verified, and tied to payment
milestones.
- Open standards requirement: avoids hidden lock-in through proprietary formats and
undocumented APIs.
- Repo requirements: public by contract close, with an OSI-approved license and working CI.
- Maintenance clause: define an option-year (or equivalent) for maintenance with explicit
upstream contribution expectations and service-level commitments.
Support reference: Public Money, Public Code framing. https://publiccode.eu/
Procurement Learning & Culture
- Train procurement officers on OSS risks & mitigation
- Use practical exercises (DITAP-style) to build confidence
- Embed contribution requirements in evaluation criteria
Procurement is learned. Train like DITAP.
Claim: Procurement outcomes depend on staff capability and evaluation criteria, not just
policy slogans.
- Training: officers need practical literacy in OSS risks (supply chain, maintenance,
security updates) and mitigations (upstream-first, contracts that fund maintenance).
- Exercises: scenario-based learning builds confidence to enforce requirements and evaluate
bids.
- Evaluation criteria: require evidence of upstream contribution history, maintainership
plans, and open deliverables.
Reference points:
- DITAP overview: https://techfarhub.usds.gov/get-started/ditap/
- Open Contracting Partnership: https://www.open-contracting.org/
Public Money,
Public Code!
Pause. “Enforceable requirement.”
Why this matters: “Public Money, Public Code” is a simple procurement test: if the public
paid, the public should be able to reuse, audit, and improve.
Reference: https://publiccode.eu/
Procurement is often overlooked
... it is also the most powerful lever to sustain
the Open Source.
- Procurement controls where public money flows — fund open deliverables
- Recurring contracts create predictable maintenance revenue
- Open deliverables increase reuse, transparency, and sovereignty
- Small policy changes scale into sustained investments
Ask for 1 change: public repo rule or % upstream.
Claim: Procurement is the largest lever because it controls where money flows and can create
recurring maintenance funding.
- Fund open deliverables: require public repos, open licenses, and open standards.
- Recurring contracts: create predictable maintenance revenue, reducing burnout and improving
security posture.
- Reuse: open deliverables let other agencies adopt without repaying for the same work.
- Small policy changes scale: one clause replicated across frameworks becomes structural
funding.
Concrete procurement rule: “No public money without a public repo.” Tie it to verification
(license, CI, issue tracker, release tags).
Optional budgeting rule: reserve a defined maintenance allocation for upstream work (your “1%”
or “20%” framing).
NL Ministry of Health, Welfare & Sport
Open Source Ambition Ladder:
- Publish all source code open source after completing the tender
- Publish the source code at fixed intervals or at key moments
- Fully open source development of the source code
Each rung increases reuse and reduces vendor capture
Ambition ladder. Climb one rung.
Claim: Procurement can progressively increase openness without requiring a single “big bang”
policy change.
- Publish code at contract completion.
- Publish at milestones (reduces lock-in earlier).
- Develop in the open from day one (maximizes reuse and oversight).
Why it matters: Each rung increases reuse and reduces vendor capture by making work reusable
earlier.
Source: Maurice Hendriks (NL Government) write-up of the Open Source Ambition Ladder.
Resources & Handout
Handout: clauses + checklist. Mention licensing.
What the handout provides: copy-paste procurement clauses, verification checklist, and
evaluation prompts (upstream PR links, repo requirements, maintenance option years).
Reference links:
- Drupal RFP Guide: https://www.drupal.org/community/governance/rfp
- Sovereign Tech Fund: https://www.sovereign.tech/
- Open Contracting Partnership: https://www.open-contracting.org/
- French public code guidance: https://code.gouv.fr/
Licensing reminder: require an OSI-approved license and ensure the contract explicitly grants
the right to publish deliverables publicly at or before close.
Questions
Ask: which clause will you adopt? What blocks you?
Q&A prompts:
- What procurement regime are you operating under (EU, national, municipal, federal)?
- What is the smallest clause you can add this year (public repo, upstream PR deliverable, maintenance option
year, open standards requirement)?
- What verification step is missing today (license, CI, issue tracker, release tags, contribution evidence)?