Sec. 801. Pilot program on intellectual property evaluation for acquisition programs
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Not later than 180 days after the date of the enactment of this act, the Secretary of Defense and the Secretaries of the military departments may jointly carry out a pilot program to assess mechanisms to evaluate intellectual property, such as technical data deliverables and associated license rights, including commercially available intellectual property valuation analysis and techniques, in acquisition programs for which they are responsible to better understand the benefits associated with these techniques on— the development of cost-effective intellectual property strategies, and assessment and management of the value and costs of intellectual property during acquisition and sustainment activities (including source selection evaluation factors) throughout the acquisition lifecycle for any acquisition program selected by the Secretary concerned.
Activities carried out under the pilot program may include the following: Establishing a team of Department of Defense and private sector subject matter experts to identify, to the maximum extent practicable at each milestone for a selected acquisition programs, intellectual property evaluation techniques to obtain quantitative and qualitative analysis related to the value of intellectual property during the procurement, production and deployment, and operations and support phases of the acquisition of the systems under the program.
Assessment of commercial valuation techniques for intellectual property for use by the Department of Defense. Assessment of the feasibility of agency-level oversight to standardize intellectual property evaluation practices and procedures. Assessment of contracting mechanisms to speed delivery of intellectual property to the Armed Forces or reduce sustainment costs. Assessment of agency acquisition planning to ensure procurement of intellectual property deliverables and intellectual property rights necessary for Government-planned sustainment activities.
Engagement with the commercial industry to— support the development of strategies and program requirements to aid in acquisition and transition planning for intellectual property; support the development and improvement of intellectual property strategies as part of life-cycle sustainment plans; and propose and implement alternative and innovative methods of intellectual property valuation, prioritization, and evaluation techniques for intellectual property. Recommending to the cognizant program manager for an acquisition program evaluation techniques and contracting mechanisms for implementation into the acquisition and sustainment activities of that acquisition program.
The pilot program shall provide criteria to ensure the appropriate consideration of commercial items and non-developmental items as alternatives to items to be specifically developed for the acquisition program, including evaluation of the benefits of reduced risk regarding cost, schedule, and performance associated with commercial and non-developmental items, products, and services. Not later than November 1, 2020, and annually thereafter through 2023, the Secretary of Defense, in coordination with the Secretaries concerned, shall submit to the congressional defense committees a joint report on the pilot program conducted under this section.
The report shall, at a minimum, include— a description of the acquisition programs selected by the Secretary concerned; a description of the specific activities in paragraph
(b)that were performed under each program; an assessment of the effectiveness of the activities; an assessment of improvements to acquisition or sustainment activities related to the pilot program; and an assessment of cost-savings from the activities related to the pilot program, including any improvement to mission success during the operations and support phase of the program.