Licensing | The Contracting Education Academy

Recently, the General Services Administration (“GSA”) issued a proposed rule to codify a class deviation regarding GSA’s approach to common Commercial Supplier Agreement (“CSA”) and End User License Agreement (“EULA”) terms.

The class deviation has been previously addressed here and in an article for the Coalition for Government Procurement available here. While the Proposed Rule apparently is intended to assuage contractor concerns about the class deviation, it falls short of this goal, so contractors must remain vigilant if and when the Proposed Rule is finalized and GSA begins to attempt to implement it through contract modifications. Comments on the Proposed Rule are due by August 1, 2016.

Like the class deviation, the Proposed Rule would declare “unenforceable” 15 typical CSA/EULA terms and conditions that GSA believes are inconsistent with federal law. This change would thus allow GSA to ignore these clauses during negotiations, with the stated goal of reducing time and expense in negotiating CSAs/EULAs.

But the Proposed Rule does not stop there.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2016/06/gsa-proposed-rule-doubles-down-on-csaeula-deviation

The House Oversight and Government Reform Committee recently held a hearing titled Government Accountability Office’s “Duplication Report at Five Years: Recommendations Remain Unaddressed.”

At the hearing, Beth Cobert, deputy director for management at the Office of Management and Budget, testified. She was questioned by committee member, Rep. Tammy Duckworth, from Illinois’ 8^th District, who honed in very quickly on the subject of software license optimization:

“I noted that better management of software licenses is an area where savings can be achieved. Can you please help me understand in OMB’s view how agencies can better manage their software licenses? Specifically, I’d like to hear how OMB believes agencies should inventory that software to see how much of it is actually deployed to end users, and how much of what’s deployed is actually being put to use.”

Ms. Cobert’s response illustrates the depths of the federal government’s lack of progress in controlling waste due to poor software license management practices. In her testimony, Ms. Colbert noted that the government is developing a system for managing and inventorying its software licenses, which are procured on a highly decentralized basis.

She noted that the recently passed Federal IT Acquisition Reform Act legislation will give the federal CIO more authority in getting agencies to better coordinate and consolidate their buying.

Keep reading this article at: http://www.nextgov.com/technology-news/tech-insider/2015/05/why-fitara-guidance-needs-address-software-license-optimization/111814/

GSA doubles-down on commercial supplier and end-user license agreements

Recently, the General Services Administration (“GSA”) issued a proposed rule to codify a class deviation regarding GSA’s approach to common Commercial Supplier Agreement (“CSA”) and End User License Agreement (“EULA”) terms.

Does FITARA guidance go far enough in optimizing software licenses?

The House Oversight and Government Reform Committee recently held a hearing titled Government Accountability Office’s “Duplication Report at Five Years: Recommendations Remain Unaddressed.”

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