V21 Software That Goes “Bump in the Night”: Software Licensing Do’s and Don’ts Floyd Groce, DoD ESI Co-Chair Terri Baxter, Naval Inventory Control Point.

Slides:



Advertisements
Similar presentations
Introduction to Legal Issues on Social Media & the Federal Government Peter Swire Ohio State University Center for American Progress DHS Conference June.
Advertisements

UNIVERSITY SOFTWARE LICENSING COLLABORATION NEXT GENERATION SPUSC 2010.
Demystifying IT Contracts Terri-Lynn Thayer Executive Director Computing and Information Services Brown University NERCOMP, March 2004 Copyright Terri-Lynn.
How to commence the IT Modernization Process?
Copyright (C) The Open Group 2014 Securing Global IT Supply Chains and IT Products by Working with Open Trusted Technology Provider™ Accredited Companies.
No U.S. Government export controlled content. No U.S.G. export restrictions apply 1 DoD Public Meeting: Detection and Avoidance of Counterfeit Electronic.
1. 2 RE Case Study What was the Project Objective? When did it all Start? What was the Plan? How did Negotiations take place? What were the Benefits of.
Product Support Manager Conference Incentivizing Industry Panel Vice Chair, Logistics Division National Defense Industrial Association 15 January 2015.
Fosterswift.com PROTECTING AGAINST THE UNKNOWN : How to Successfully Review IT Contracts to Increase Your Rights and Avoid Potential Liability Samuel Frederick.
© 2007 COPLAN AND COMPANY. All Rights Reserved. Permission granted for use by HIMSS membership. 1 Procurement Management Scott R. Coplan, PMP Educational.
Air Force Materiel Command I n t e g r i t y - S e r v i c e - E x c e l l e n c e Developing, Fielding, and Sustaining America’s Aerospace Force INTELLECTUAL.
Office of the Chief Information Officer June 2, 2009 Department of Energy Enterprise-Wide Agreement (EWA) National Laboratories Information Technology.
Connecting People With Information DoD Net-Centric Services Strategy Frank Petroski October 31, 2006.
Ohio Digital Government Summit Laptop Disk Encryption Colorado’s Approach Presented to: Ohio Digital Government Summit October 16, 2007.
The Outsourcing Process
1 Fundamental Principles of Solution Design and Implementation Chapter 3.
8 Systems Analysis and Design in a Changing World, Fifth Edition.
© 2008 Prentice Hall11-1 Introduction to Project Management Chapter 11 Managing Project Execution Information Systems Project Management: A Process and.
Government of Canada Enterprise Licensing Agreement Framework Public Sector Chief Information Officer Council September 18, 2014 Benoît Long Senior Assistant.
Request For Proposal Barbara Antuna Ronald Healy Chad Hodge Andrew James Mel Ocampo.
An Insider’s View on Software Licensing Trends for Enterprise Applications R “Ray” Wang Senior Analyst, Enterprise Applications Forrester Research, Inc.
Factors influencing open source software adoption
Revenue Cycle Management Medical Technology Acquisition and Assessment Team Members: Joseph Dixon, Michael Morotti, Mari Pirie-St. Pierre, David Robbins.
SYS364 Evaluating Alternatives. Objectives of the Systems Analysis Phase determine, analyze, organize and document the requirements of a new information.
Government Furnished Equipment (GFE) Overview
Federal Acquisition Service U.S. General Services Administration Mary Davie Assistant Commissioner Assisted Acquisition Services October 30, 2007.
1 Vendor’s Enterprise Software Initiative (ESI) Tool Kit A Primer for Working with the DoD ESI Version September 2009.
Hosted by How to Negotiate Your Enterprise Software Agreement Why can’t we all just get along…. Nancy Gendron Vice President, AMR Research Contract Negotiation.
DoD Acquisition Domain (Sourcing) (DADS) Analysis of Alternatives (AoA) E-Business/SPS Joint Users’ Conference November 15-19, 2004 Houston, TX.
Case Study on how the Navy DASN Acquisition Cut Allocated Web Technology Budget by Two- Thirds.
Acquisition Strategy Under the laws of the State of Colorado Commercial acquisition practices to be utilized.
Why software vendors audit their customers Helpful intelligence from License Dashboard Presented by: Matt Fisher, Director.
©2006 Pearson Education, Inc. Marketing for Hospitality and Tourism, 4th edition Upper Saddle River, NJ Kotler, Bowen, and Makens Distribution Channels.
CERTIFICATION In the Electronics Recycling Industry © 2007 IAER Web Site - -
UNCLASSIFIED DITSCAP Primer. UNCLASSIFIED 1/18/01DITSCAP Primer.PPT 2 DITSCAP* Authority ASD/C3I Memo, 19 Aug 92 –Develop Standardized C&A Process DODI.
Enterprise Software Initiative for DoD “Point & Click IT Shopping at Lowest Cost”
Enterprise Agreement Requirements Management 23 February 2010 DoD ESI Working Group.
Unclassified DoD ESI & The Joint Information Environment (JIE) July 20,
Custom Software Development Intellectual Property and Other Key Issues © 2006 Jeffrey W. Nelson and Iowa Department of Justice (Attach G)
Policies and procedures for developing acquisition plans; determining whether to use commercial or Government resources; whether it is more economical.
ESRIN Earth Observation Program Ground Segment Department 26/09/2015 CEOS-WGISS-40 - Olivier BaroisSlide 1 Open Source Practices.
Technical Data Rights- Who Cares………. Introduction n Why Do I Need To Know This? – Acquiring Tech Data is expensive – Dynamic environment, each situation.
Earned Value Management Presented By: Steve Krivokopich May , 2006.
Connecting People With Information 1 DoD Enterprise Software Initiative  Alignment with High-Level Goals –Transform Enterprise Management –Strategic Sourcing.
Chapter 11: Alternative Approach - Purchasing Systems.
Fax: (703) DoD BIOMETRICS PROGRAM DoD Biometrics Management Office Phone: (703)
Independent Expert Program Review (IEPR) February 2006.
Intellectual Property at USC October 27, 2003 Dr. Michael Muthig.
Source Selection Process & Successful Proposal Tips
Protecting your Managed Services Practice: Are you at Risk?
1 Cost Price and Finance Robin Schulze, Senior Procurement Analyst Friday, October 26, 2007 Defense Acquisition Regulations System
0 Due Diligence Monitoring and Auditing of Third Party Vendors October 28, 2008 Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum.
Small Business Programs Tatia Evelyn-Bellamy Director Small Business Division Small Business Center February 2016.
Open Source Software in Federal Acquisitons Acquiring Maximum Agility: Beyond Open Standards TCO and Best Value Revisited.
Information Systems Development Model, An Introduction for the Non-Technical 2005 National Immunization Conference March 22, 2005 Washington, DC.
COTS Software Licensing EULA Best Practices Webinar December 2015.
State Purchasing – DTS SOLICITATION AND CONTRACTS PROCESS Background and Highlights 3/17/16 Complement to the State Purchasing – DTS Solicitation and Contracts.
1 Acquisition Automation – Challenges and Pitfalls Breakout Session # E11 Name: Jim Hargrove and Allen Edgar Date: Tuesday, July 31, 2012 Time: 2:30 pm-3:45.
DoD Preferred Contract Vehicle This quote is provided pursuant to the Blanket Purchase Agreement (BPA) awarded under the DoD ESI program. Under.
DoD IT Consolidation Roadmap: What’s Ahead with Dod ESI and DoD ESI Web Site: New Features and Upcoming Changes Jim Clausen, DoD ESI Co-Chair Floyd Groce,
COTS Software Licensing REQUIREMENTS QUESTIONS JULY 2015.
The OA Guide: Implementing a New Paradigm in the Allocation of Rights in Data and Software?
DoD Procurement Conference and Training Symposium May 13, 2010 Peer Reviews Dick Ginman Deputy Director, DPAP.
TD Government Solutions
Alternative delivery models in public services
Open Systems Architecture / Data Rights Key Implementers
Floyd Groce, DoD ESI Co-Chair
INPE, São José dos Campos (SP), Brazil
Vendor Management and Software Asset Management
Optimizing Your Software Licensing Investment Senior Managing Analyst
Presentation transcript:

V21 Software That Goes “Bump in the Night”: Software Licensing Do’s and Don’ts Floyd Groce, DoD ESI Co-Chair Terri Baxter, Naval Inventory Control Point Contract Specialist Suzi Ellison, SPAWAR-SSC Pacific Umbrella Program DON IT East Coast Conference 2011/AFCEA East May 2011

Agenda  Introduction  DoD Enterprise Software Initiative (ESI) and SmartBUY  Software licensing pitfalls and recommendations  Summary  Questions 2

Introduction  Ground rules – What will we discuss? –Commercial off the shelf (COTS) software –DoD perspective –Licensing expertise –Lessons learned – hopefully not too costly –Share, Share, Share 3

DoD ESI And SmartBUY  DoD ESI established June 1998 by DoD CIO  Mission –Lower total cost of ownership across DoD, Coast Guard and Intelligence communities –Establish and manage enterprise COTS IT agreements, assets and policies  Methodology –Chaired by an OASD(NII)/CIO staffer –Co-chaired by Navy, Army or Air Force Working Group rep (currently Navy) –DoD Components appoint Software Product Manager (SPM) to: Consolidate requirements and develop business case Negotiate best-value deals Administer resulting agreements 4

DoD ESI and SmartBUY (cont.)  Goals –Reduce acquisition and support costs by leveraging DoD buying power –Provide best, most flexible DISR-conforming software –Obtain buy-in for DoD enterprise-wide software agreements –Create a funding mechanism that incentivizes the use of DoD-wide software initiatives  DoD SmartBUY Policy – 22 Dec 05 5

DoD ESI and SmartBUY (cont.)  Authority: DoD Enterprise Software Initiative (DFARS ) –Procure COTS software IAW DoD Enterprise Software Initiative (ESI) –ESI Order of Precedence DoD inventory DoD Enterprise Software Agreement (ESA) Other means  Authority: SmartBUY –FAR change pending –22 Dec 2005 policy memo – DPAPS and deputy DoD CIO 6

7 Software Licensing Pitfalls and Recommendations  Selecting software by name not licensing model  Terms and conditions (T&C’s)  End user license agreements (EULA) – license grants  Sarbanes-Oxley – revenue recognition  Maintenance  Maintenance Escalation  The “*”  Re-use clause

8 Software Licensing Pitfalls and Recommendations (cont.)  Software function tied to maintenance  Virtualization – risk of license non-compliance if not managed  Transferability  Termination and rights of survival clauses  True up/true down  Audit clauses  Cost may not be the cost

Software Licensing Pitfalls and Recommendations (cont. )  License Rights –License Scope Restrictive, i.e., program specific Unlimited use Third Party use –License Use Named user/concurrent user Device Non-human devices Processor based and multi-core processing license –License Use (con’t) Developer or Test vs. full use license Secondary use rights (laptop, home use) –License Type Perpetual Subscription or term  Compliance 9

10 Summary  Seek advice when selecting your software –Consulting groups –License experts –Network with other service and agencies –Software attorney  Assemble the right team –Requirements personnel may understand technology but not licensing –Requirements side may not have the enterprise perspective –Bring contracting personnel in as early as possible

11 Summary (Cont.)  Define the requirement –What do you need to do with the software? Share inward and outward Describe your requirement – give examples Definitions Describe your customer base clearly –How will the product or vendor be determined? Competitive -- provide technical evaluation criteria Limited or sole source -- provide brand name justification –How many years coverage are needed? –Has software distribution been considered? –Is there a need for an Escrow Agreement?  Validate Pricing  Document negotiated changes in resultant contract

12 ESI Web Site ESI Web Site: