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Found 8 results

  1. So our IT guys have set up an “incubation lab”. This will allow them to play with potential tools already available commercially, and see what breaks (of their stuff or ours) and what we like. Or to consider whether we can justify building it ourselves, as opposed to buying it. Now they want to do something like this— Release a single solicitation Make (basically) identical awards to, say, 4 companies. With option years. and 3 stages. Potential XXX gazillion dollars for each award. Initial period, for EVALUATION IN OUR ENVIRONMENT (XXX thousand dollars, a few months) Follow on for FURTHER DEMONSTRATION OF FURTHER CAPABILITIES (significantly more money. More months) And then IMPLEMENTATION (Potential XXX gazillion dollars for each award, up to 4 additional years.) Fleshed out a bit-- Initial period, for EVALUATION IN OUR ENVIRONMENT Each company will come in and show off, and let us play with their toys for a few months. We will pay for their expenses. Follow on for DEMONSTRATION OF FURTHER CAPABILITIES If we like Company A and B, we can exercise an option to have JUST THOSE companies come in for more playtime. Again, paid, but more money, and a longer time. BUT the same options for companies C&D are NOT exercised. But these are options, so those companies cannot object. (as opposed to a new award) After whatever time it takes, we decide we like company A more, because it is “friendlier” (note: not a defensible argument for sole source, but often what I am given) For IMPLEMENTATION we exercise options with COMPANY A only. And company B cannot object, because those are OPTIONS. Have you come across anything like this? Any pros or cons leap out? NOTE: We do NOT have any of those special OTHER TRANSACTIONAL AUTHORITIES that some other agencies have been given. Just vanilla civilian agency FAR. NOTE: We have looked at and rejected the USDS 8(a) Digital Service Initiative for “Select the Tech”, https://techfarhub.cio.gov/initiatives/8a/. While this may be a great thing for smaller agencies, our guys want to do the eval themselves.
  2. I recently inherited a software maintenance contract which includes FFP service maintenance and Cost Reimbursable Travel and ODCs. The contract was awarded with the need to move the software to a cloud environment. The technical POC has determined a viable cloud computing company that is able to support the software and requested that I add the company’s monthly subscription fee to the contract as an ODC. The technical POC indicated that they assumed the costs would be handled as an ODC and they estimated it as such when they prepared their IGCE. What’s the best way for me to add the software subscription to the contract? I do not like the idea of adding the subscription as an ODC since its not a typical ODC expense and it seems odd to pay for a commercial software subscription on a cost reimbursable basis. I’m considering modifying the contract to add a new Software CLIN which we could fund the subscription. I’m also wondering if I should modify the contract at all because maybe the software subscription should be handled as a subcontract to the prime? Any input is greatly appreciated.
  3. My company produces a commercial item that it will supply to the DoD through its Prime Contractor as a first tier sub. As, we will make slight modifications to our item for the purposes of integration into the Prime's product for sale to the government, the Prime Contractor wants to negotiate rights to technical data, specifically asking for exclusivity "on behalf of the government" that we will not further market the item. I have asked the Prime if the government has specifically requested exclusivity. I didn't get a straight answer (a we want to protect the govts rights) but I assume as I did when the request was made that the answer is no. Prime confirmed that the modification is being funded under the USG contract and not by their own R&D. It seems to me that the push for exclusivity is coming from the Prime and not from the government. Either way I have a few questions: 1. If I'm understanding things correctly, we can grant to the government standard commercial rights under DFARS 252.227-7015 for our existing IP and government purpose rights under 252.227-7013. Is my assumption correct? 2. I believe that as the modification is minor, does not significantly alter the nongovernmental function or essential physical characteristic of the item or change the purpose of the process and therefore does not affect the commerciality of our product? 3. If commerciality is in tact can I assert -7015 rights for the entire product? (I don't think so. But if we can...) 4. We will grant the prime a limited use license for fulfillment of the requirements under the existing government contract. Any suggestions on language for this clause? 5. Are we required to assert data rights for our commercial IP? I'm not finding a requirement to do so but think it may be a good idea to eliminate confusion. Thoughts?
  4. Can a federal agency buy, not just obtain a license, but buy outright, a contractor's commercial computer software? Say that software was developed 100% at private expense by the contractor. Say that agency wants to obtain the SOURCE CODE to that commercial computer software, and hopes to provide it to offerors on the recompete.
  5. Hi, An agency is interested in evaluating a COTS software package from a vendor for a defined period of time, for no cost ($0). The vendor will supply an evaluation software license agreement covering the use of the software during the evaluation period. Is this considered an acquistion and does it fall under the guidance of the FAR? Any feedback would be greatly appreciated! Thanks!
  6. The FAR and DFARS clauses for copyright and patent do not expressly address the scenario where the government agency desires to retain ownership of the software developed during the performance of a contract for software development. The FAR and DFARS clauses seem to say, if a contractor is paid to develop software during the life a government contract, at the expiration of the contract, the contractor has ownership or title to the software developed at government expense/funding, but the government gets the right to use the software/data produced ("unlimited data rights"). So my question is, is there any way to lawfully structure a government contract to ensure that the government gets ownership, not just a license, to the data produced, software developed, and the source code, at the end of a contract? How would all this be harmonized with the FAR and DFARS clauses? Would this involve seeking an individual deviation from the FAR and DFARS? There was a similar discussion on Government Data Rights in Wifcon at this link, but I want to expand on it further: http://www.wifcon.com/discussion/index.php?/topic/1337-government-data-rights/page__hl__copyright
  7. The idea behind this topic is to consolidate ideas somebody (I "volunteer" Vern Edwards! LOL!!! ) could pass up the chain so we could get better contract-writing software. I use PD2 and considered it a lot better than a typewriter and almost as good as MSWord... so, my suggestions: - CCR synchronization SHOULD mean no local database maintenance. - The user should have more control of how the final document looks like: - User-defined CLIN templates (set up how the CLIN will actually look to the public. i.e. where the description is placed, an underline for the offeror to input the unit and total prices, space between CLINs, etc.) - Improved ability to drag-and-drop items. - Clause Matrix – allow the ability to accept, discard, and change clauses/provisions after using it. - Ability to modify coordination with resource management (RM) software (PD2 is not talking well with Army RM). Any more ideas for the upcoming "new and improved" contract-writing software?
  8. From the VA Handbook 6500.6: "d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor." Does anyone know of any federal policies or VA policy/mandates that would prohibit software development OCONUS? Thanks, Prezmil2020
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