Sec. 5507. Clarification of current law with respect to technology neutrality in acquisition of software
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The purpose of this section is to establish guidance and processes to clarify that software acquisitions by the Federal Government are to be made using merit-based requirements development and evaluation processes that promote procurement choices— based on performance and value, including the long-term value proposition to the Federal Government; free of preconceived preferences based on how technology is developed, licensed, or distributed; and generally including the consideration of proprietary, open source, and mixed source software technologies.
Nothing in this section shall be construed to modify the Federal Government’s long-standing policy of following technology-neutral principles and practices when selecting and acquiring information technology that best fits the needs of the Federal Government. Not later than 180 days after the date of the enactment of this Act, the Director, in consultation with the Chief Information Officers Council, shall issue guidance concerning the technology-neutral procurement and use of software within the Federal Government.
In issuing guidance under subsection (c), the Director shall include, at a minimum, the following: Guidance to clarify that the preference for commercial items in section 3307 of title 41, United States Code, includes proprietary, open source, and mixed source software that meets the definition of the term commercial item in section 103 of title 41, United States Code, including all such software that is used for non-Government purposes and is licensed to the public. Guidance regarding the conduct of market research to ensure the inclusion of proprietary, open source, and mixed source software options.
Guidance to define Governmentwide standards for security, redistribution, indemnity, and copyright in the acquisition, use, release, and collaborative development of proprietary, open source, and mixed source software. Guidance for the adoption of available commercial practices to acquire proprietary, open source, and mixed source software for widespread Government use, including issues such as security and redistribution rights. Guidance to establish standard service level agreements for maintenance and support for proprietary, open source, and mixed source software products widely adopted by the Government, as well as the development of Governmentwide agreements that contain standard and widely applicable contract provisions for ongoing maintenance and development of software.
Not later than 2 years after the issuance of the guidance required by subsection (b), the Comptroller General of the United States shall submit to the relevant congressional committees a report containing— an assessment of the effectiveness of the guidance; an identification of barriers to widespread use by the Federal Government of specific software technologies; and such legislative recommendations as the Comptroller General considers appropriate to further the purposes of this section.