DoD Opens Dialogue With Industry on Open-Source Software
Client Alert | less than 1 min read | 12.07.11
Pursuant to a December 5 notice, DoD is hosting a public meeting on January 12, 2012, to obtain input from industry on the use of open-source software in its contracts. DoD seeks to initiate dialogue in three main areas: (1) risks of copyright infringement liability for the Government and contractors who use or deliver open-source software and when that software includes proprietary or copyrighted material, (2) performance and warranty deficiencies faced by contractors when delivered open-source software does not meet contract requirements, and (3) whether the DFARS should be revised to delineate the Government’s rights when a contractor acquires open-source software for the Government.
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A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time.
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