Licensing commercial software to the federal government. Software license optimization is a resource for it asset managers and it procurement to help them better optimize software use, reduce software costs, and ensure license compliance with vendor license agreements. Commercial software license agreements the coalition for. The panel will explain the various federal regulations applicable to government contracts involving technical data and computer software. This program provides access to microsoft software licenses and cloud services for the term of the agreement through subscriptionbased licensing. Licensing software and technology to the federal government. Some enduser license agreements accompany shrinkwrapped software that is presented to a user sometimes on paper or more usually electronically, during the installation procedure. Contracts for this type of custom software were few, and involved two distinct parties whose lawyers could discuss all the terms of such agreement between them. Eula means end user license agreement but can be referred to using other. Many commercial agreements are directed to the end user of the software, hence the common title end user license agreement or eula. Government wide software agreements, improving software license management practices through automated it asset discovery tools and business intelligence software.
Regarding agencies, of the 24 major federal agencies, 2 have comprehensive policies that include the establishment of clear roles and central oversight authority for managing enterprise software license agreements. When its time to deploy software, zones can provide the ideal solutions, consult with you about onpremises and cloud options, and advise you during licensing agreement negotiations. May 27, 2014 the gao found that the majority of federal agencies lack comprehensive policies to manage software agreements largely because they do not adhere to best practices in this area. Mar 07, 2017 in this capacity, he oversees gsas it hardware and software subcategories. Remove references to taxes they do not apply to the federal government. That waste occurs because software is a fundamentally complex and difficult asset to manage. Mar 12, 2018 anyone who has endeavored to sell commercial software to the federal government well knows there are devils hiding in the details of most commercial license agreements. Local government agencies and departments, including city, county, and regional governments. The guidelines are part of an effort to streamline and coordinate software purchases across the federal government. Landmark asbca decision means government can be bound to. A eula specifies in detail the rights and restrictions which apply to the use of the software. What to consider when signing a licensing agreement for your.
The department of defense enterprise software initiative was listed as one of the 10 most popular contracts by readers of washington technology, federal computer week fcw and government computer news. Federal agencies will be required to more accurately track. Contracts for this type of custom software were few, and involved two distinct parties whose lawyers could discuss all the terms of such agreement. The making electronic government accountable by yielding tangible efficiencies act megabyte specifies that chief information officers of federal agencies must implement policies to better govern. Software companies also make special license agreements and warranties for large business and government. Open value companywide and open value subscription are commitmentbased agreements for commercial and government organizations that want to license organizationwide over a one or twoyear period. Oracle federal government gsa gs35f0153m var resale. Government software acquisition policies dfars and data. List or describe all software in which the contractor has granted the government additional rights in a license agreement made part of the contract see paragraph d of this subsection. Carahsofts hpe the enhanced software agreement with carahsoft for hpe it management solutions could result in discounts of up to 39 percent over commercial pricing for government. Microsoft licensing agreements comparison for commercial. Software license management for federal agencies deloitte us.
Thirdparty software licensing agreements in federal contract bids to remain in accordance with the federal acquisition regulation and properly handle federal contracts, the company must ensure that thirdparty software licensing agreements do not cause infringement or violations with the owner. Agilent provides this customary commercial license in software and technical data pursuant to far 12. The success of these government wide steps depends on the improvements that agencies make to integrate their own license management practices into the government wide license. Governmentwide software purchasing program the goal of fitara is to eliminate duplication and waste in information technology acquisition for the federal government. Last week, the office of management and budget released draft guidelines on how federal agencies should purchase and manage software licenses. Find the microsoft licensing agreement that is right for your government organization. The goals of the legislation reduction of duplicative systems, examine software licensing options, making the business case for acquisition, and the consolidation of data centers. The license shall enumerate the specific additional rights granted to the government. The rule will prevent the library from potentially violating the antideficiency act and other restrictions under federal law, preserve the librarys rights. The microsoft cloud agreement is a transactional licensing agreement for commercial, government, and academic organizations with one or more usersdevices seeking to fully outsource management of their cloud services through a cloud solution provider csp. For government customers who license software in quantity and manage software across multiple computers, microsoft volume licensing programs offer the most costeffective way to acquire product licenses. Federal register library of congress license agreements. The terms and provisions of this contract shall comply with federal laws and the federal acquisition regulation. Count on the zones software team to maximize the value of your licensing agreements and provide ongoing strategic planning.
Final gsa rule on commercial license terms that conflict. Of particular interest to software licensors who deal with the federal. Ombs new fitara guidelines for software asset management. For many federal contractors, the decision in ciyasoft represents a. This new software agreement is available to all federal, state, local and tribal government agencies eligible to order from the gsa it schedule 70 program through carahsoft technology corporations contract gs35f0119y. The panel will explain the various federal regulations applicable to government contracts involving technical data and computer software, and best practices for negotiating terms on use rights and ip protection. Enterprisewide agreement ewa program develops policies and procedures that support the identification, acquisition, oversight and compliance of enterprise licenses. The federal information technology acquisition reform act fitara, which directs agencies to become more prescriptive in managing software assets.
Gsa negotiates new enterprise license agreement for. Jul 18, 2017 the mistake contractors most often make when entering into thirdparty license agreements is not ensuring that the licensor the oem is required to provide you, the contractor, in privity of contract with the government, at least the same service and support functions that you are promising to provide to the government in the contract. A government accountability office report from may 2014 found that, of the 24 major federal agencies, just two had comprehensive policies for managing enterprise software license agreements, 18 had. But only very specific persons are authorized to make obligations and enter into agreements on the government s behalf, and many government. When its time to deploy software, zones can provide the ideal solutions, consult with you about onpremises and cloud options, and advise you during licensing agreement. Microsoft licensing agreements comparison for commercial and.
Effective management of software licenses can help avoid purchasing too many licenses that result in unused software. Sep 21, 2016 this cle webinar will provide guidance to technology counsel for negotiating software licenses and technology agreements with the federal government on behalf of software companies. You need flexible licensing programs that can help you control budget spending while also giving you solutions to help improve the lives of your citizens. Government software acquisition policies dfars and. These are tenyear agreements with a period of performance from 1 april 2019 to 31 march 2029. The making electronic government accountable by yielding tangible efficiencies act megabyte specifies that chief information officers of federal. Licensing third party software for use in federal contracts. The result was an entirely new part 227, rights in technical data and computer software, of the department of defense federal acquisition regulation supplement the dfars. Final gsa rule on commercial license terms that conflict with. License agreements application for license to practice invention editable 3 aug 18.
Federal government office 8219 leesburg pike, suite 300 vienna, va 22182 overview the air force oracle esla provides an unlimited license agreement for a core set of oracle technology products and. Enterprise agreements reduce the need for agencies to negotiate individual software licensing agreements, include benefits such as license. Information technology enterprise agreements state. While this guide is specific to the enterprise agreement for government and enterprise subscription agreement for government.
Sep 21, 2018 it is best practice for companies to have standard end user licenses eulas for commercial software licensed to the federal government due to the protections they provide. Your order should set a delivery date, not a period of performance. This is the official microsoft licensing home page with information about product licensing and licensing programs for new and existing customers. Gsa has identified certain commercial license terms that gsa believes are inconsistent with certain government requirements. The adobe value incentive plan vip is a subscription licensing program that includes volume discounts, immediate deployment and simplified management. They provide ready access to exemplary software agreements that are inplace and available for use. Accordingly, based on the fact that it is, and has been, the policy of the federal government prior to the award of the contract to accept the terms of licensing agreements offered by vendors of commercial software that are customarily provided by the vendor to other purchasers and that vendors of commercial software. Federal agencies engage in thousands of licensing agreements annually. Omb sets new guidelines for federal agencies software. Oracle federal government gsa gs35f0153m var resale federal civilian, department of defense, intelligence. The software licensing landscape had altered greatly from a threeyear rewrite by the department of defense, and from acquisition streamlining legislation. Enterprise license agreements ela the ela extends unlimited amounts of arcgis software to government departments, agencies, or entire organizations so they can achieve an enterprisewide gis.
After all, most people in such positions are well educated and used to dealing with multiple projects having many details in the. The result was an entirely new part 227, rights in technical data and computer software, of the department of defense federal. This new software agreement is available to all federal, state, local and tribal government. Federal agencies waste millions on software licensing, gao. Government is committed to improving the way federal agencies buy, build, and deliver information technology it and software solutions to better support cost efficiency, mission effectiveness, and the consumer. Office of management assessment national institutes of health. Gsas it software subcategory team is implementing governmentwide strategies and initiatives that will reduce costly duplication of enterprise software agreements, improve pricing, and better leverage the governments buying power. Regarding agencies, of the 24 major federal agencies, 2 have comprehensive policies that include the establishment of clear roles and central oversight authority for managing enterprise software license agreements, among other things. It is best practice for companies to have standard end user licenses eulas for commercial software licensed to the federal government due to the protections they provide. Federal information technology acquisition reform act.
Get the same benefits as open value for government with lower upfront costs. A recent report by the government accountability office gao 1 indicates that agencies buy and. With hundreds, if not thousands of potential software license agreements. Government organizations with 250 or more devices enterprise agreement for government. This cle webinar will provide guidance to technology counsel for negotiating software licenses and technology agreements with the federal government on behalf of software companies. Government enterprise agreement gis enterprise licensing. Enterprise software initiative department of navy chief. A oneyear open value subscription option is also available for eligible government. Federal information technology acquisition reform act fitara. Agencies unknowingly buy more software than they need, pay maintenance fees for software thats sitting on the shelf and at the same use software they dont. Software licensors as government contractors knowledge global. Jul 26, 2010 government purpose any activity in which the united states government is a party, including cooperative agreements with international or multinational defense organizations or sales or transfers by the united states government to foreign governments or international organizations.
An attorney can also provide guidance on how to handle a situation where the terms of your agreement are not being followed for example, if the. Government is committed to improving the way federal agencies buy, build, and deliver information technology it and software. Jan 16, 20 the types of licensing agreements include, but are not limited to, requirements for the use of software, electronic access to data resources and other information products, service agreements for repair and maintenance of equipment, and the licensed use of any other type of proprietary intellectual property obtained under an acquisition. Thirdparty software licensing agreements in federal contract. The trick is knowing how to spot them or, more precisely, agreeing which present legitimate conflict. As federal chief acquisition officer anne rung and federal cio tony scott wrote in a white house blog post on dec. Gsa and adobe deliver streamlined data security and. In january 2016, weve already enhanced the following government wide enterprise software license agreements. Government agencies and departments that serve populations of 250,000 or less may qualify for special, prepackaged programs for government. Federal agencies are increasingly using open licensing to expand the impact and reach of their work, enable innovative use of federallyfunded materials, and ensure that publicly funded resources are available to the public.
The government accountability office says the federal government could do a better job of. A checklist to aid in negotiating a licensing agreement, much less to aid in actually preparing and writing the agreement itself, may sound like a simplistic tool to an experienced negotiator or contract attorney. Asbca enforces contractors commercial software license. Government purposes include competitive procurement, but do not. The goals of the legislation reduction of duplicative systems, examine software licensing. An attorney with experience in particular types of intellectual property transactions, such as trademark listening or licensing, can provide invaluable help with drafting your agreement. Licensing commercial software to the federal government and. Commercial software license terms bind the government just. A oneyear open value subscription option is also available for eligible government customers. Software companies often make special agreements with large businesses and government entities that include support contracts and specially drafted warranties. Anyone who has endeavored to sell commercial software to the federal government well knows there are devils hiding in the details of most commercial license agreements. Open value subscription for education solutions is a commitmentbased microsoft volume licensing agreement. Ciyasoft provided the license agreement to the government in three ways.
And mounting evidence from government watchdog groups reveals that much of this strategic expenditure is being needlessly wasted. Commercial software license terms bind the government just like. Enterprise software initiative included in list of 10 most popular contracts september 14, 2009. Government is committed to improving the way federal agencies buy, build, and deliver information technology it and software solutions to better support cost efficiency, mission effectiveness, and the consumer experience with government programs.
Accordingly, based on the fact that it is, and has been, the policy of the federal government prior to the award of the contract to accept the terms of licensing agreements offered by vendors of commercial software that are customarily provided by the vendor to other purchasers and that vendors of commercial software have long included. Achieving efficiency, transparency, and innovation through reusable and open source software the u. Tiered discounts of 410 percent based on volume purchases of software and implementations across all federal agencies. Thirdparty software licensing agreements in federal contract bids.
Microsoft volume licensing enterprise agreement for. The federal government wants to restructure how agencies procure and handle their software licenses. The microsoft products and services agreement mpsa is a transactional microsoft volume licensing agreement for commercial and government organizations with 250 or more usersdevices that want to license microsoft cloud services andor onpremises software. The library of congress is issuing this final rule regarding license agreements and similar agreements and instruments entered into by it. Best practices include centralizing management, establishing software license inventory, tracking and maintaining inventory, analyzing software license data, and.
A free software license agreement gives the purchaser the rights to modify and redistribute the software and related components, while a proprietary software license agreement forbids this. The federal contract bid may involve either the governments need for certain solutions to problems or when a thirdparty software may solve the issue. The law requires agency cios to develop a comprehensive software licensing policy that will identify clear roles, responsibilities, and central oversight authority within the executive agency for managing enterprise software license agreements and commercial software licenses. The federal government is wasting millions of dollars each year through poor management of software licenses, according a new report by the government accountability office federal agencies purchase thousands of software. Software companies also make special license agreements and warranties for large business and government entities that may be different from those provided. Federal open licensing playbook federal open licensing. Increase use of governmentwide software license agreements and strategies and reduce duplication. Agencies unknowingly buy more software than they need, pay maintenance fees for software thats sitting on the shelf and at the same use software. An information technology it enterprise agreement is an agreement with an it software publisher to leverage the aggregate licenses and spend of state agencies collectively enterprise.
They provide ready access to exemplary software agreements. I wish i could recover the source from my experiences, but i remember reading that software. Solving the governments software licensing problem fedscoop. Government wide software purchasing program the goal of fitara is to eliminate duplication and waste in information technology acquisition for the federal government. Enhanced software licensing agreements these enhancements of existing agreements reduce the costs and complexities involved with federal acquisition of commercial software.
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