Executive agencies, including the department of defense, are required to conduct market research when preparing for the procurement of property or services by 41 usc sec. A decision framework for selecting licensing rights for. Something you should know about rights in technical data. Computer software includes executable code, source code, code listings. Government purpose rights only the computer software, documentation and the data rights necessary to satisfy agency needs unlimited rights restricted rights.
The cost and software data reporting csdr system is the primary means that dod uses to collect actual cost and related business data on acquisition category acat i and acat ia defense contracts. Dod should change its approach to reducing computer. It schedule 70 features over 5,000 industry partners offering a wide variety of sustainable commercial it products and services. Chess provides a nofee, flexible procurement strategy through which an army user may obtain commercial offtheshelf cots it hardware, software, and services contract vehicles via the chess it e. Chess provides a nofee flexible procurement strategy through which an army user may procure commercial offtheshelf cots it hardware, software and services through.
Commercial computer software means any computer software that is a commercial item. Both direct the department of defense dod and other executive agencies to acquire commercial computer software under licenses. The cloud service already has about 18,000 users across 20. Dod policy is to acquire only the computer software and computer software documentation, and the rights in such software or documentation, necessary to. John ford, senior consultant section 879 of the 2017 national defense authorization act ndaa, p. When a policy in another part of the far is inconsistent with a policy in this part, this part 12 shall take precedence for the acquisition of commercial items. Landmark asbca decision means government can be bound to. Jan 23, 2020 the defense information systems agency has been offering mildrive, a cloudbased storage solution for desktop users, for nearly a year. A cso pilot program was implemented on june 26, 2018, when dod. Order software it products, services, and solutions contracts it schedule 70 best in class. Chapter 16 intellectual property the library of congress. A comparison of dod and commercial practices october 1994 special report jack r.
Buying commercial computer software under the far and dfars. The terms and provisions of this contract shall comply with federal laws and the federal acquisition regulation. The content herein is a representation of the most standard description of servicessupport available from disa, and is subject to change as defined in the terms and conditions. Chess is the mandatory source for commercial it hardware and software purchases. In addition, the contract shall adequately describe the computer programs andor databases, the media on which it is recorded, and all the necessary documentation. Dod programs also face ip issues in another specialized form. Technical data td includes any recorded information of a scientific or technical nature e. Dod anpr addresses noncommercial computer software wolters. Department of defense commercial wireless knowledge management community of practice disclaimer for external links. Dod cybersecurity spend for commercial offtheshelf tools booms.
Visit the 2git bpas for commercial offtheshelf cots hardware software and ancillary services. Chess is the primary source for purchases of cots software, desktops, and notebook computers regardless of dollar value chess, in conjunction with the army contracting commands designated offices, will conduct semiannual consolidated buys cbs for. Dod software free download dod top 4 download offers free software downloads for windows, mac, ios and android computers and mobile devices. Foreword under secretary of defense for acquisition. Cost and software data reporting requirements are listed in dfras clause 252. The host based security system hbss is the official name given to the united states department of defense dod commercial offtheshelf cots suite of software applications used within the dod to monitor, detect, and defend the dod computer networks and systems.
Most systems being developed today use some commercial items e. Government software acquisition policies dfars and data rights vicki e. Minimum necessary including number of users disclosure of computer software with restrictions for commercial computer software, acquire under licenses customarily. Only the computer software, documentation and the data rights necessary to satisfy agency needs government purpose rights allow the government to provide noncommercial technical data to potential competitors of a contractor that is developing the. Computer software developed exclusively with government funds. Noncommercial computer software rights and government. Government purpose rights unlimited rights only the computer software. The secretary of defense should direct the secretaries of the navy, army and air force to begin reducing software proliferation by justifying, on the basis of cost and benefits, the use of computer languages other than ada in new software development programs. Dod s right to commercial software is determined by standard commercial license dods right to noncommercial software is determined by project funding private v. False according to the dfars, dod s acquisition policy for non commercial software is to acquire. Policies and procedures governingcomputer software dod only to acquire computer software and documentation and rights therein to satisfy agency needs deliverables. Restricted rights are obtained in computer software that has been developed at the contractors private expense and that is a trade secret. Office of the chief information officer of the department of defense. Dod agency offers mildrive desktopintegrated cloud.
According to the dfars, dod s acquisition policy for non commercial software is to acquire. Frequently asked questions regarding open source software oss and the department of defense dod this page is an educational resource for government employees and government contractors to understand the policies and legal issues relating to the use of open source software oss in the department of defense dod. Also, do not use the terms freeware or shareware as a synonym for open source software. These justifications should be submitted to the ada joint program office for evaluation and approval. Data rights refer to the governments nonexclusive license rights in two categories of valuable intellectual property, technical data and computer software delivered by contractors under civilian agency and dod contracts. In a similar fashion, the department of defense dod considers a certain type of iptechnical data and computer software rights acquired under its contractsits lifeblood in order to enhance competition and sustain each system and its subsystems over their life cycle e. Jul 19, 2018 both direct the department of defense dod and other executive agencies to acquire commercial computer software under licenses customarily provided to the public to the extent such licenses are consistent with federal law and otherwise satisfy the governments needs. Commercial computer software is software developed or regularly used for nongovernmental. Rightsindata agreements of the past bind the dod in the future the rights in data process begins anew with each new contract. This part prescribes policies and procedures unique to the acquisition of commercial items. Allums, office of the general counsel defense information systems agency disa department of defense 703 6810378 vicki. Dod anpr addresses noncommercial computer software. For instance, when delivering commercial computer software to a civilian agency or dod, a contractor generally conveys to the government its standard commercial license.
This approach allows dod to use a single set of license rights to address what would otherwise be two. The dod acquired a setnumber of copies of this software through a far part 12 commercial items contract, which although unknown to dod. Intellectual property rules in government contracts. Department of defense computer network defense cnd service provider certification and accreditation process program manual dod 8530.
Navy website dod resource locator 45376 sponsored by the department of the navy chief information officer don cio. Commercial public key infrastructure pki certificates on externallyfacing unclassified web servers cac required u. The dod acquired a setnumber of copies of this software through a far part 12 commercial items contract, which although unknown to dod included a singleuser licensing agreement which also required dod to protect and secure the software. Computer hardware, enterprise software and solutions peo eis. Federal register defense federal acquisition regulation. The federal acquisition regulations far prescribe policies, procedures and clauses pertaining to data rights for civilian agencies and the defense federal acquisition regulations dfars for dod. Open source software oss oss is computer software that is available in source code form, where the source code is provided under a license that permits users to study, change, improve and at times also to distribute the software. Dod is seeking information that will assist in the development of a revision to the defense federal acquisition regulation supplement dfars to implement a section of the national defense authorization act for fiscal year 2018, which establishes considerations for the acquisition of all noncommercial computer software, related data and documentation, and associated license. The department of defense dod must be able to develop and deploy software as fast or faster.
What every company should know about ip rights when selling. Although the far and dfars provisions governing commercial computer software licensing differ slightly in text, their thrust is the same. Computer software documentation required to be delivered under the contract. These are tenyear agreements with a period of performance from 1 april 2019 to 31 march 2029. Computer hardware, enterprise software and solutions computer hardware enterprise software and solutions chess is the armys designated primary source for commercial it. The department of defense enterprise software initiative, established in 1998 and sponsored by the dod chief information officer, was created to consolidate requirements for commercial software applications and negotiate with vendors to save time and money in the acquisition of software. Market research for software should include oss when it may meet mission needs.
Oss licenses and projects clearly approve of commercial support. Computer hardware enterprise software and solutions chess is the armys designated primary source for commercial information technology it. Dod policy is to acquire only the computer software and computer software documentation, and the rights in such software or documentation, necessary to satisfy agency needs. Part 12 acquisition of commercial items acquisition. While many of the principles below apply to all dod software, some are relevant only for specific. Open source as good as proprietary software the department of defense issues a memo outlining guidance for using open source software and for contributing code back to the community. Computer hardware enterprise software and solutions chess. According to the dfars, dods acquisition policy for non commercial software is to acquire. Enhanced software licensing agreements these enhancements of existing agreements reduce the costs and complexities involved with federal acquisition of commercial software. You may use pages from this site for informational, non commercial purposes only.
Because these requirements will be limited to non commercial computer software, contractors can mitigate the resulting risk by establishing that their software is commercial or by incorporating commercial computer software or segregable commercial computer software modules into their systems. Both direct the department of defense dod and other executive agencies to acquire commercial computer software under licenses customarily. Chess is the primary source for purchases of cots software, desktops, and notebook computers regardless of. The department has historically been challenged to keep up with cyber threats to its it infrastructure. Computer hardware, enterprise software and solutions chess is the armys designated primary source for commercial it.
This 1994 report compares best commercial practice with department of defense dod processes for acquiring software and recommends some steps that can be taken to streamline dod software acquisitions to minimize overall lifecycle. Dod receives only the same license rights customarily provided to the public subject to federal law, and the license meeting the agencys needs. Dmcc ordering notice defense information systems agency. Secnav don cio navy pentagon washington, dc 20350.
The department of defense is seeking information on a proposed revision to the defense federal acquisition regulation supplement addressing the acquisition of noncommercial computer software, related data and documentation, and associated license rights. The license must be incorporated into the contract. If the computer software is to be acquired with unlimited rights, the contract shall also so state. License unlimited rights data and software limited rights technical data restricted rights computer software government purpose rights data and software rights allocation private expense determination traps for the unwary noticemarking marking requirements. It implements the federal governments preference for the acquisition of commercial items contained in 41 u. Data rights for proprietary software used in dod programs. Do not use the clause when the only deliverable items are computer software or computer software documentation see 227. Governing rights in technical data and computer software. Corrects or changes to computer software or computer software documentation furnished to the contractor by the u. Computer software developed exclusively with usg funds computer software documentation required to be delivered under this contract corrections or changes to computer software or computer software documentation furnished to the contractor by the usg determining when the usg gets unlimited rights in software under the dfars.
Are there special issues that program managers and contracting officers should be aware of and address in contracts requiring development of computer software e. The government is also granted restricted rights in any minor modifications made to such computer software. A comparison of dod and commercial practices abstract. The appearance of hyperlinks does not constitute endorsement by the department of defense defense information systems agency of this web site or the information, products, or services contained therein. The term data rights is a shorthand way to refer to the license rights that dod acquires in two types of deliverables. See dod class deviation 2018o0016, defense commercial solutions opening pilot program, issued june 26. Government software acquisition policies dfars and. This paper will compare best commercial practice with the current department of defense dod processes for acquiring software and to recommend some steps that can be taken to streamline dod software acquisitions to minimize overall lifecycle costs. Because non commercial computer software is treated like non commercial data under the far a topic discussed at length in the prior. Government software acquisition policies dfars and data. Defense innovation board ten commandments of software. Chess provides a nofee, flexible procurement strategy through which an army user may procure commercial off the shelf cots it hardware, software and services via an ecommerce it emart based process. According to the dfars, dods acquisition policy for noncommercial software is to acquire.
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