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GSA IT Schedule 70 Program to Update Software Special Item Numbers (SINs 132 32, 33, and 34)

The General Services Administration (GSA), Office of IT Schedule Contract Operations, is planning to update and enhance the Software Special Item Numbers (SIN) 132 32, 132 33, and 132 34.  The GSA IT Schedule 70 Program continually seeks to position software offerings to achieve value, cost savings, and optimal balance between functionality, security, and management for agencies.

 

GSA pays extremely close attention to the federal marketplace and our customer needs.  In response to the software community, we are updating the three Software SINs to better align our offerings with the way software is sold commercially.  This update makes it easier for our customers to get what they need, including the ability to better transfer software licenses between federal entities.

The three Software SINs will be in a position to better serve government and provide customers new and innovative solutions by:

 

  • Adding language within Term Software SIN (132-32) to define Term Software  Licenses and differentiate between Term Software and Software as a Service (SaaS) included in the Cloud SIN (132-40)

  • Optional Software Identification Tags and Transferability Rights under SIN 132-33 Perpetual Software Licenses

  • Renaming SIN 132-34 from Software Maintenance as a Service to Software Maintenance Services

  • Utilization Limitations Under SINs 132-32, 132-33, 132-34 clarifying rights and ownership of derivative works

  • Defining Commercial Supplier Agreements (CSAs) to include Enterprise User License Agreements (EULAs), Terms of Service Agreements (TOSs) and other licensing agreements.

 

Webinar

In addition to this advanced notice posting, GSA FAS will be hosting a webinar for industry partners to learn about the planned changes to update the Software SINs and ask questions.

The webinar is scheduled for March 18, 2019 from 2:00PM - 3:00PM EST.  

Please register in advance by following this link.

 

***Thank you to all who attended the webinar! Please see Slidedeck Attached for your convenience!!***

 

Please see attached link to view the recorded webinar: https://youtu.be/DoZe0ynDh78

 

Thank you for your continued partnership.

For more information, please see the attachments.

Attachment 1: Draft Significant Changes Document

Attachment 2: Fact Sheet with Q&A

DISCLAIMER: GSA FAS is posting this notification of a planned solicitation refresh or mass modification as a courtesy to industry. All comments on the attached DRAFT document should be submitted in the “Comments” section below within ten (10) business days of this posting. GSA FAS will consider all relevant comments and may make changes to the DRAFT as appropriate, but will not issue a formal response to industry comments or related inquiries. Interested parties should review the final version of the solicitation refresh or mass modification closely for additional changes made to this DRAFT.

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Attachment TitleSizeType
PDF icon DRAFT Interact Notice80.96 KBPDF
Short Teaser Description: 
Check out what's happening with the Software SINs!
Key Tags: 
 
Attachment TitleSizeType
PDF icon Draft Significant Changes220.93 KBPDF
Short Teaser Description: 
Want a Sneak Peek at the Software SIN updates? Check this out!
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Attachment TitleSizeType
PDF icon Q&A51.84 KBPDF
Short Teaser Description: 
Helpful Information Regarding Changes
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Attachment TitleSizeType
PDF icon Software SIN Re-Write Presentation433.42 KBPDF
Short Teaser Description: 
Software SIN Re-Write Presentation from Webinar held 3/18/19
 
Attachment TitleSizeType
PDF icon Webinar Q&A70.06 KBPDF
Short Teaser Description: 
Webinar Q&A
 
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Comments

JessicaLOcampo
thomasda01 Thank you for your question. We are addressing this as well as other questions that were asked during the webinar presentation in a Q&A document set to be released as soon as possible. Thank you!
thomasda01
Subsection 7 of Sections 9 states, “Licensee may create or hire others (including Licensor) to create modifications, customization or other enhancements to the Software which might be classified as “Derivative Works” of the software.” This language appears to give Licensee the unilateral right to modify vendor software and therefore, the underlying source code. Is this language intended to convey this? Many software providers do not allow modification of their product and certainly do not grant access to their source code. As written the above language creates serious concerns for such vendors. Would GSA consider modifying the language to clarify that Licensor’s terms would have to allow such modifications and customization. Also, would these changes be retroactive to existing licenses/supplier agreement?
JessicaLOcampo
toby.heffernan Thank you for your question. This was not considered for this Refresh, but may be for future refreshes.
toby.heffernan
Will GSA also add SINs 132-32 and 132-33 as eligible for reinstatement fees for lapsed Software Maintenance as a Product? This clarification/addition will align the SINs with commercial practices.
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