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Is Commercial-off-the-Shelf Software Maintenance a Supply or Service? - White Paper

October 15, 2016

This White Paper explains whether software maintenance is considered a supply or a service, defines why the differentiation is important, and describes the issues that may arise from differing opinions. This resource also clarifies the various laws, regulations, concepts, and practices to help the reader make his or her own determination. Additionally, this paper discusses how software maintenance is to be considered when being purchased through various purchasing vehicles, how the FAR differentiates it, and how the Government classifies it.

Commercial Perspective on Software Intellectual Property Ownership Rights - White Paper

April 13, 2016

This paper will share the commercial buyer's perspective to answer the question of who should own the intellectual property (IP) rights to commercial software, derivative works in a commercial software application, and custom developed software.

Best Practice Clauses for Software License Grants - White Paper

March 25, 2016

This White Paper provides summary information about important contract issues.

This information is not intended to be legal advice, but rather is designed to share best practices, highlight potential concerns, present recommendations for managing those concerns and encourage further research or discussions with legal counsel.

Software Acquisition Benchmarking - White Paper

September 13, 2015

This document will focus on Software Price Benchmarking and will address the process, tasks and resources required to perform Software Price Benchmarking in the current DoD environment. It will also discuss how acquisition professionals must rely on their individual efforts to perform benchmarking as no automated tools or processes exist.

How to Order Software Using DoD ESI Contract Vehicles - White Paper

May 19, 2015

This white paper describes the process buyers should follow once they have determined to fulfill their requirement through the DoD ESI Blanket Purchase Agreements (BPAs). It is important to note that ESI does not dictate the products or services to be acquired.

Best Practices for Negotiating Cloud-Based Software Contracts - White Paper

February 26, 2015

This paper addresses the key contractual concepts to focus on when negotiating a public cloud, Software-as-a-Service (SaaS) delivery model versus a traditional on-premises software delivery model. Under both models, use rights are still granted, but there are variations of the software use terms and conditions, especially in areas such as licensing and costs.

Software Maintenance Negotiations Best Practices - White Paper

February 26, 2015

The paper provides practical guidance for the negotiation of software maintenance and support agreements. It offers a roadmap to gather, analyze, strategize and negotiate the best terms and price for maintenance agreements incorporating best practices from the commercial sector as well as DoD ESI’s 16 years of experience.

Service Level Agreement Best Practices and Contractual Considerations - White Paper

February 17, 2015

This white paper discusses what happens after a contract has been won and signed, defines the important questions an enterprise should ask itself to mitigate risk, and details the benefits of a robust Service Level Agreement (SLA). It also identifies the different types of SLAs, and speaks to what each section of a well-defined SLA should contain in order for both parties to have a clear understanding of what is to be expected. The paper also covers SLAs dealing specifically with Cloud Service Providers, as well other service types.

IT Virtualization Technology and its Impact on Software Contract Terms - White Paper

July 18, 2014

This paper provides a good foundation for any DoD software acquisition personnel facing the prospect of dealing with virtualized computing environments - particularly off-site virtualization. It includes a brief background of the technology and how it differs from traditional computing installations. And, it addresses key contractual issues arising from those differences.

Guidelines for Negotiating Warranties for Commercial-off-the-Shelf (COTS) Software Products - White Paper

September 30, 2013

The purpose of this white paper is to educate readers on key aspects of Commercial-Off-the-Shelf (COTS) software warranties.

The executive summary addresses topics of interest to government executives and procurement professionals responsible for drafting software license warranties.

Best Practices in Evaluating IT Acquisitions - White Paper

August 13, 2013

This paper illustrates commercial best practices for estimating the costs of implementing commercial software and related services. However, the underlying methodology – utilizing a framework of team involvement and total cost analysis - is applicable to all types of IT acquisitions and is in support of the DoD ESI. This paper provides details and examples on how to identify the key components of your acquisition and the costs associated with them to help you determine whether or not the acquisition will be beneficial to your organization. Cost estimating tools and guides are also provided to accompany this insightful paper.

Software License Considerations for Third Party Software - White Paper

July 18, 2013

This paper provides insight and guidance when licensing commercial software from one party that may contain code that belongs to a third party. It discusses options for dealing with the original licensor when the third party software is embedded in their solution, or when the third party software is acquired separately from the original license. Key license terms and conditions are discussed, and sample contract language is provided.

Considerations for Open Source Software Use - White Paper

April 26, 2013

Open Source Software is widely distributed and used in several ways—as stand-alone software applications, for internal software development projects, and as part of commercially available software applications. This paper addresses some of the key policy and contract protections Government should consider when obtaining Open Source Software directly (as a stand-alone application or for use in development projects), or indirectly (because it is embedded in Commercial Software applications). The appeal of potentially lower costs and ease of use associated with Open Source is balanced against the potential pitfalls.

About ITAM

August 31, 2009

ITAM is the set of business practices that join financial, contractual and inventory functions to support strategic decision making and life cycle management for the IT environment.