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SEC. 871. NONCOMMERCIAL COMPUTER SOFTWARE
ACQUISITION CONSIDERATIONS. (a) In
General.—
(1) REQUIREMENT.—Chapter 137 of title
10, United States Code, as amended by section 802, is further
amended by inserting after section 2322 the following new
section:
Ҥ 2322a. Requirement for consideration of certain matters
during acquisition of noncommercial computer software
“(a) Consideration Required.—As part of any negotiation for
the acquisition of noncommercial computer software, the
Secretary of Defense shall ensure that such negotiations
consider, to the maximum extent practicable, acquisition, at
the appropriate time in the life cycle of the noncommercial
computer software, of all software and related materials
necessary—
“(1) to reproduce, build, or
recompile the software from original source code and
required libraries;
“(2) to conduct required computer software testing; and
“(3) to deploy working computer software system binary files
on relevant system hardware.
“(b) Delivery Of Software And Related
Materials.—Any noncommercial computer software or related
materials required to be delivered as a result of
considerations in subsection (a) shall, to the extent
appropriate as determined by the Secretary—
“(1) include computer software
delivered in a useable, digital format;
“(2) not rely on external or additional software code or
data, unless such software code or data is included in the
items to be delivered; and
“(3) in the case of negotiated terms that do not allow for
the inclusion of dependent software code or data, sufficient
documentation to support maintenance and understanding of
interfaces and software revision history.”.
(2) CLERICAL AMENDMENT.—The table of
sections at the beginning of such chapter is amended by adding
after the item relating to section 2322, as added by section
802, the following new item:
“2322a. Requirement for consideration of certain matters
during acquisition of noncommercial computer software.”.
(b) Guidance.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue updated guidance to implement section 2322a
of title 10, United States Code, as added by subsection (a). |
Noncommercial computer software
acquisition considerations (sec. 871)
The Senate amendment contained a
provision (sec. 881) that would amend section 2302 of title 10,
United States Code, to define technical data with respect to
software acquired by, and the means by which that data is
provided to, the Department of Defense.
The House bill contained no similar
provision.
The House recedes with an amendment that
changes the provision from an updated definition to existing
technical data rights and instead establishes considerations for
the acquisition on noncommercial computer software. |
