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Systems Modernization RFQ – SAMPLE DOCUMENT

https://techfarhub.cio.gov/assets/files/Agile%20Task%20Order%20Example.docx

4.7 Contractor Use of Commercial Computer Software, Including Open Source Software

Open source software is often licensed under terms that require a user to make user’s modifications to the open source software or any software that the user combines with the open source software freely available in source code form pursuant to distribution obligations in the license. In cases where the Contractor proposes to use the open source software while performing under this Task Order, regardless of whether the open source software is delivered, the Contractor shall not create, or purport to create, any Government distribution obligation with respect to Government computer software deliverables. Prior to using any commercial computer software, including open source software which is considered commercial computer software, the Contractor shall evaluate each license for commercial computer software, and confirm that each of the following requirements is satisfied:

  1. A license for a particular commercial computer software shall be compatible with all licenses for other commercial computer software that are or will be linked to, adapted to, integrated, combined or merged with the particular commercial computer software, including when the particular commercial computer software and the other commercial computer software are used with another computer program

  2. A license for commercial computer software shall not impose a future Government obligation that is foreseeable by the Contractor

  3. A license for commercial computer software shall not be terminated by the Contractor’s use of the commercial computer software in performing under the contract

  4. Contractor’s cost to comply with this requirement presents no additional costs to the Government

If, as a result of the Contractor’s evaluation, the Contractor satisfies all of the requirements in the paragraphs above, then the Contractor shall provide a written summary report of the above findings to the Contracting Officer stating that the Contractor has evaluated the commercial computer software use and the commercial computer software license, and made each determination required in the paragraphs above. The Contractor shall request permission from the Contracting Officer to use the proposed commercial computer software. This notification shall include all information regarding the identification and proposed use(s) of the commercial computer software.

If the Contractor is unable to satisfy all of the requirements in the paragraphs above for a particular commercial computer software license, then the Contractor may not use the commercial computer software covered by the particular license without prior written approval of the Contracting Officer. If the Contractor wants to use the commercial computer software for which the requirements in the paragraphs above within this section are not satisfied, the Contractor shall request approval to use the otherwise prohibited subject commercial computer software from the Contracting Officer by providing written notification addressing the following:

  1. The name and version number of the software;

  2. The name of applicable license(s);

  3. A brief description of the technical use and implementing approach

  4. A “yes/no” indication as to whether the Contractor has made, or will make, any modifications to the source code;

  5. The software website; and

  6. An identification of the reason(s) that the Contractor was unable to make the determination in the paragraphs above.