SOURCES SOUGHT
70 -- Proposed Changes to IT Schedule 70 Software SINs - RFI Proposed Changes to IT Schedule 70 Software SINs
- Notice Date
- 11/6/2018
- Notice Type
- Sources Sought
- NAICS
- 511210
— Software Publishers
- Contracting Office
- General Services Administration, Federal Acquisition Service (FAS), Center for IT Schedule Operations (QTFA), 1800 F St NW, Washington, District of Columbia, 20405, United States
- ZIP Code
- 20405
- Solicitation Number
- FCIS-JB-980001-B_Schedule70_Software_SIN_Rewrite
- Archive Date
- 12/11/2018
- Point of Contact
- Jessica L Ocampo, Phone: 8168232674
- E-Mail Address
-
jessica.ocampo@gsa.gov
(jessica.ocampo@gsa.gov)
- Small Business Set-Aside
- N/A
- Description
- RFI for Proposed Changes to IT Schedule 70s Software Special Item Numbers The Software Special Item Numbers (SINs) on the IT Schedule 70 contract vehicle that define software use rights and mutual obligations have not been updated in more than ten years. In recent years, industry's software delivery models and the Federal Government's software needs have evolved. This proposed update to the Software SINs seeks to capture these changes and refine the mutual rights and obligations between Federal Government software buyers and software providers. The proposed changes are: *Redefinition of SIN 132-32 Term Software Licenses, *Optional Rights under SIN 132-33 Perpetual Software Licenses, *Renaming SIN 132 34 from Software Maintenance as a Service to Software Maintenance Services *Utilization Limitations Under SINs 132-32, 132-33, 132-34 *Commercial Supplier Agreements (CSA's) are defined to include Enterprise User License Agreements (EULA's), Terms of Service Agreements (TOS's) and other licensing agreements. Summary of Proposed Changes Term Software Licenses (SIN 132-32) As Software delivery models and Cloud SaaS licensing has evolved, the distinction between "Term Software" and "Cloud SaaS" products has become less distinct. Oftentimes, Cloud SaaS products are licensed under traditional term license agreements creating an opportunity for confusion. In order to properly delineate "Term" licenses under SIN 132-32 and to keep those licenses distinct from any form of Cloud SaaS products available under SIN 132-40 (Cloud Computing Services), "Term Software Licenses" have been redefined so that they are only applicable to software that is provisioned and executed from the "user's servers, computing end-points, or other designated computing devices where the user has the right to load or deploy software." Additionally, the requirement to convert term licenses into perpetual licenses has been modified so that it is only required when an Offeror offers the same conversions to their commercial customers. Perpetual Software Licenses (SIN 132-33) Recent requirements of the Federal Information Technology Acquisition Reform Act (FITARA), The MEGABYTE Act, and the OMB Software Memo of June 2, 2016 (M-16-12) have required the Federal Government to begin to manage and treat software as a valued asset. The focus of these initiatives has been on the ability to inventory existing software assets and for Federal Government buyers to make informed decisions before conducting new software acquisitions. This proposal does not change the definition of Perpetual Licenses. However, in order to support recent software asset management initiatives, this proposal creates two options that software vendors may volunteer to include with their perpetual licenses. Option 1 contemplates software vendors that will embed software identification tags in their software products that are consistent with the ISO/IEC 19970-2 standard. Option 2 contemplates software vendors that will allow incumbent software licensees a right to transfer or move perpetual licenses to a new licensee for a previously negotiated fee. It is intended that these new asset management rights and features are voluntary, meaning that software vendors who wish to offer them may optionally include them on their Schedule contract. Software Maintenance as a Service (SIN 132-34) The current Special Item Number- Software Maintenance as a Service (132-34) will be renamed as Software Maintenance Service using the same SIN (132-34). 4. Utilization Limitations GSA seeks to clarify the rights the Federal Government maintains when Derivative Works such as modifications, customizations or other enhancements are created to the licensed software. The ownership of such Derivative Works can be a cause of confusion sometimes requiring the government to pay additional fees to ensure uninterrupted usage despite the fact that the Federal Government paid for the creation of the Derivative Work. GSA clarifies its rights in Derivative Works by declaring that such works shall be owned by the owner of the underlying software, but the Federal Government shall have a right to use the Derivative Work without paying for a new usage right.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/notices/ff33557b05efbaa14dc0e9d79c3c56d9)
- Record
- SN05144487-W 20181108/181106230926-ff33557b05efbaa14dc0e9d79c3c56d9 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |