PGI 227.7203-2 Acquisition of other than

commercial computer software and computer

software documentation and associated

rights.

(b)(1) To the maximum extent practicable, an assessment of life-cycle needs should consider periodic

delivery of computer software and computer software documentation including all executable code,

source code, associated scripts, build procedures, automation scripts, tools, databases, libraries, test

results, data sets, firmware, training materials, and any other elements necessary to integrate, test

and evaluate, debug, deploy, and operate the software application in all relevant environments (e.g.,

development, staging, production). See DoDI 5010.44, Intellectual Property (IP) Acquisition and

Licensing, sections 4.1 and 4.2, when formulating business advice and contract implementation

strategies regarding the program manager’s tailoring of software requirements to the needs of the

Government.

(2)(i) Procurement planning.

(A) Based on the results of the assessment of life-cycle needs, and to the maximum extent

practicable, the source code should be accompanied by all software capability descriptions (e.g.,

features, story points, use cases) and all as-built architecture and design products, traceability

products, interface definitions including interfaces to proprietary software elements, and any other

requisite documentation.

(B) The assessment of life-cycle needs should consider delivery timelines to facilitate transition to a

different contractor or to the Government. This approach facilitates management of program risk

and supports options for flexibility in the transition of software sustainment to another organization.

(C) Contracting officers are responsible for ensuring that, wherever practicable, solicitations and

contracts include the requirements for periodic delivery and any delivery timelines for computer

software and computer software documentation, based upon the assessment of life-cycle needs.

(ii) Alternatives to delivery of source code and related software design details.

(A)(1)In determining whether the Government should require delivery of computer software source

code and related software design details developed exclusively or partially at private expense, data

managers and other requirements personnel are responsible for considering whether these

alternatives permit the Government to—

(ii) Meet its management, engineering, and logistics needs; and

(iii) Maintain the currency of acquired technical data or software consistent with the assessment of

life-cycle needs.

(2) To the extent practicable, the Government should also require open interface documentation for

any privately developed computer software used in or interoperable with software developed for the

Government, to allow for technology insertion on all sides of the interface, as applicable, and to

support the use of modular open system approaches.
(B)Access agreements permit the Government to view, print, download, annotate, modify, or make

derivatives of technical data or computer software stored within a contractor-controlled repository

or facility (e.g., in an online environment or in person). Examples of access arrangements include

remote online authorization to access an integrated data environment, product data management

system operated by the contractor, or mechanisms authorizing physical entry to a contractorcontrolled data repository, or cloud-based or subscription-based software products or services. The

negotiated access agreement must stipulate permissions based on the assessment of life-cycle

needs, and the access agreement must be made part of the contract.

(C) For each technical data or computer software requirement, the requiring activity must determine

whether the Government’s needs can be better satisfied through access or formal delivery of the

technical data or software (e.g., physical or electronic transfer of the data into Government custody).

The Government should consider access to technical data or software when—

(1) The delivery of technical data or software is not cost-effective or feasible for technical, legal, or

contractual reasons; and

(2) Access meets the Government’s needs for such technical data or software throughout the lifecycle of the program.

(D) Under a data escrow agreement, the Government and the contractor identify a third-party

escrow agent that will keep designated technical data or computer software for safekeeping until a

contractually specified condition occurs. If a contractually specified condition occurs, then the

Government may obtain delivery of the escrowed technical data or computer software. The

contracting officer shall include the data escrow agreement in the contract. The contract shall also

include the Government’s license rights in the escrowed technical data or computer software. Use of

data escrow agreements is not preferable in all cases but may be useful when formal delivery or

access is not feasible or cost-effective during the contract’s period of performance or delivery

schedule.

Parent topic: PGI 227.7203 Other than commercial computer software and other than commercial

computer software documentation.