By Government Contracts Editorial Staff
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. An advance notice of proposed rulemaking requests information from experts and interested parties on the implementation of 10 USC 2322a, which was added by section 871 of the National Defense Authorization Act for Fiscal Year 2018 (PL 115-91). The statute requires the Secretary of Defense to consider, as part of any negotiation for an acquisition of noncommercial computer software, all the noncommercial and related materials necessary to meet DoD’s needs. A proposed revision to DFARS 227.7203-2 would require, to the maximum extent practicable, the government’s needs determinations to address the acquisition at appropriate times in the life cycle of all computer software, related data, and associated license rights necessary to meet the government’s needs for specific computer software life cycle activities (e.g., reproducing, building, recompiling, testing, and deploying the software).
Considerations. The revision would also require noncommercial computer software or data required to be delivered as a result of the considerations addressed during the needs determination, to the extent appropriate, to include:
- computer software delivered in a digital format compatible with applicable computer programs on relevant system hardware; and
- all necessary external or additional computer software or data, along with all necessary license rights; or
- delivery of sufficient information to support maintenance and understanding of interfaces and software revision history, along with all necessary license rights, if the necessary external or additional computer software or data will not be delivered.
In connection with the ANPR, DoD is hosting a public meeting on February 18, 2020, at the Pentagon Library and Conference Center, to obtain the views of experts and interested parties and information on public costs or savings that would result from the proposed revision. Interested parties should submit written comments referencing DFARS Case 2018-D018 by March 16, 2020. For the text of the proposed revision, see https://www.regulations.gov/contentStreamer?documentId=DARS-2019-0067-0002&=pdf. For the text of the ANPR, see 85 FR 2101.
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