The provisions do not exclude close-source solutions. They just state that if the government wishes to get something custom, it has to be open source. If it wants a CMS, for example, it can list the requirements, and then one vendor can say “I’ll write it from scratch, for a million and in a year”, and Telerik will say “I’ll give you Sitefinity within a month for fraction of the cost”, and then the choice will be obvious. But if there is no such software (e.g. you want a custom software for managing euro funds), then everything that is created as part of the project should be open sourced. Basically, whatever the government owns in terms of copyright, goes public (except for systems working with classified information)