The Navy's Management of Software Licenses Needs Improvement

Abstract

Our objective was to determine whether the Department of the Navy (DON) effectively managed software licenses. Specifically, we determined whether the DON included appropriate clauses in software license contracts. We reviewed 1 Enterprise Licensing Agreement (ELA), 13 non- ELAs, and the associated End User License Agreements (EULAs) to determine if the contracts included desirable language in accordance with the DoD Enterprise Software Initiative approved software licensing training. Findings Overall, the DON made progress toward the mandated use of DON ELAs by issuing a $700 million ELA for Microsoft software. However, the ELA included unacceptable language in 2 of the 11 best practice areas we identified in software licensing training. In addition, the DON non-ELA software license contracts reviewed, valued at $8.1 million, included unacceptable language for contract clauses in 7 of the 11 areas of concern listed in the software licensing training. Furthermore, 8 of the 13 DON contracting officers accepted EULAs containing unacceptable language. This occurred because no established requirements existed to guide contracting personnel in making a determination on whether to include specific clause language in software license contracts. Furthermore, 11 of the 13 contracting officers did not receive the necessary training to gain the specialized knowledge needed to write software license contracts or review EULAs properly. As a result, the DON increased the risk of wasteful spending, disruption to Government operations, and vulnerability to lawsuits, claims, and penalties. We recommend that the Assistant Secretary of the Navy (Research, Development, and Acquisition) (ASN[RDA]) require all DON contracting personnel involved in preparing and issuing software license contracts to take specialized training on using appropriate language in software acquisition contracts.

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Document Details

Document Type
Technical Report
Publication Date
Aug 07, 2013
Accession Number
ADA585737

Entities

People

  • Alice F. Carey

Organizations

  • Office of the Inspector General, U.S. Department of Defense

Tags

Communities of Interest

  • Human Systems

DTIC Thesaurus Topics

  • Acquisition
  • Best Practices
  • Computer Programs
  • Computers
  • Contractors
  • Contracts
  • Department Of Defense
  • Electronic Commerce
  • Governments
  • Guarantees
  • Information Systems
  • Law
  • Military Acquisition
  • Operating Systems
  • Procurement
  • Teamwork
  • Websites

Fields of Study

  • Computer science

Readers

  • Defense Financial Management and Audit.
  • Public Financial Management and Budgeting
  • Software Engineering.