Adequate Planning for Acquiring Sufficient Documentation About and Rights in Software to Permit Organic or Competitive Maintenance

Abstract

The Department of Defense (DoD) is a major consumer of software. This software is used as a vital component of many systems ranging from those which perform relatively simple functions, such as intra-office communications and word processing, to sophisticated software which is embedded in major weapons and defense systems. The procurement of software is an ongoing rather than discrete event. This is because software must be maintained, and, as needs change, enhanced. Maintenance and enhancement of software is often a problematic and expensive undertaking. As a result of issues arising under the copyright laws and DoD acquisition regulations, as well as other practical problems, the DoD quite often finds that it does not possess adequate documentation, software tools, and/or intellectual property rights to perform necessary maintenance and enhancement functions, either organically or through competitive reprocurement. As a result, the DoD may be left in the position of having to return to the original contractor whose possession of needed documentation and/or rights puts the contractor in a sole source position as to DoD maintenance and enhancement needs. This, of course, is a position DoD would prefer to avoid, for both economic and political reasons. This paper explores the legal, regulatory and logistical problems related to software maintenance and enhancement. Some potential solutions for acquiring sufficient documentation and intellectual property rights to allow for organic and/or competitive reprocurement for maintenance and enhancement are offered.

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Document Details

Document Type
Technical Report
Publication Date
Mar 01, 1986
Accession Number
ADA175167

Entities

People

  • Pamela Samuelson

Organizations

  • Carnegie Mellon University

Tags

Communities of Interest

  • Human Systems
  • Space

DTIC Thesaurus Topics

  • Abstracts
  • Application Software
  • Commerce
  • Computer Programs
  • Computer-Aided Design
  • Computers
  • Contractors
  • Contracts
  • Data Rights
  • Department Of Defense
  • Engineering
  • Government Procurement
  • Intellectual Property
  • Law
  • Software Development
  • Software Development Tools
  • Trade Secrets

Readers

  • Government and Public Administration Law.
  • Logistics and Supply Chain Management.
  • Parallel and Distributed Computing.