(a) Notwithstanding the contrary provisions contained in the standard commercial licence or the contractor`s lease agreement, the contractor accepts that the government has the right to use, duplicate or disclose commercial computer software provided under the contract. The terms and conditions of this contract are consistent with federal law and federal procurement regulations. Users. Many commercial agreements are aimed at the end user of the software, hence the common title end user license agreement or DSE. But only certain people have the power to make commitments and make agreements on behalf of the government, and many end-users of government do not have that power. Accordingly, the provisions of the GSA state that “this agreement binds the ordering activity as an end user, but must not work to hire a government official or a person acting on behalf of the government in its personal function.” It is important to remember that the entity with which you enter into a contract is the ordering activity within the Agency, not the individual end-user. (2) acquisition of enterprise software and permanent inventory of software licenses across the administration, including all licenses purchased by GSA or GSA by contractors, or in use, as well as expenditures related to subscription it services (including interim agreements (i.e. cloud computing agreements). (1) Appointment of a software manager responsible for the management, by guidelines and procedures, of all commercial software and COTS agreements and licenses across the Agency. The software manager reports to the Agency and cooperates, if necessary, with the offices of the IOC, the Chief Financial Officer and other organizations. The software manager leads agency-wide efforts to centralize licensing management, implements duplication reduction strategies, ensures the adoption of best practices in software management, and participates in the Enterprise Software Management Team (CTS) in accordance with the M-16-12. Before we look at some general information, we find that many practitioners are facilitated by the GSA`s decision to remove this part of its proposed clause, which would have placed the commercial licensing agreement behind all the provisions of THE FAR 52.212-4 clause.
In public notices, it was indicated that this would result in a standard commercial guarantee, which would be replaced by the warranty provision in far 52.212-4 paragraph (o), although there is no contrary federal law requiring the period of application of the FAR guarantee rule. Convinced, the GSA moved the commercial licensing agreement in order, subject to the provisions of FAR 52.212-4 for the implementation of mandatory federal law. 1. Commercial computer software provided under this contract may only be used, reproduced or disclosed by the government if it is not provided for in paragraph b) (2) of this clause or if it is expressly specified otherwise in this contract. Locke Bell`s practice focuses on the rights of contractors to patents, data and software, compliance with federal cybersecurity laws and regulations, and inciting protests and litigation before the Government Accountability Office, the Boards of Contract Appeals and the Federal Claims Court.