Adaptive Acquisition Framework WebinarJune 16, 2020
Vicki Allums, Learning Director, Intellectual Property Defense Acquisition University (DAU)Mark Dvorscak, Professor Acquisition Management (Intellectual Property), DSMC
DoD Instruction 5010.44, Intellectual Property (IP) Acquisition and Licensing
Rapid Deployment Training (RDT)
Agenda
• Overview - DoD Instruction (DoDI)
5010.44, Intellectual Property (IP)
Acquisition and Licensing
• Table of Contents – List of Sections Titles
• Summary of Sections 1-4
• Implementation Considerations
• DAU Educational Current and Future
Resources 2
Need for IP Policy
• …[T]ypically we have problems with intellectual property
when we don’t clearly define what is owned by industry, and
what will be owned by government at the outset of a program.
So a lot of this really has to do with good program planning.”
– Ms. Ellen Lord, USD A&S, August 2019
3
DoDI 5000.02: Operation of the Adaptive Acquisition Framework
Outlines the six pathways of the Adaptive Acquisition Framework.
DoDD 5000.01: The Defense Acquisition System
Updated to specify the overarching policy and the responsibilities of key officials.
DoDIs for Each Functional AreaEngineering T&E *Cybersecurity AoAs Cost Est
*IP (5010.44)- 16 Oct 2019
*Tech & ProgramProtection
HSI *AcquisitionIntelligence
IT
*Middle Tier of Acquisition (5000.80)
– 30 Dec 2019
Major CapabilityAcquisition (5000.UG)
Urgent Capability Acquisition (5000.81) – 31
Dec 2019
Acquisition of Services (5000.74) – 10 Jan 2020
*Interim SoftwareAcquisition - 3 Jan 2020
*New Policies
Key policies published by various OSD functional organizations
Defense Business Systems(5000.75) – 24 Jan 2020
DoDIs for Each Acquisition Pathway
USD(A&S) and USD(R&E) Charters – 23 Jan 2020
Color Code: Blue - Complete Orange - In coordination
*PSMCounterintel
SupportCPI
*AcqSecurity
Gray, To be completed 2020
4
Transforming Acquisition Policy
5000.02T was published in conjunction
with 5000.02 to cover
functional policies that
have not been released yet.
.02T will have enclosures
cancelled as functional
policies are released.
Originating Component: Office of the Under Secretary of Defense for
Acquisition and Sustainment
Effective: October 16, 2019
Purpose:
• Establishes policy, assigns responsibilities, and prescribes procedures
for the acquisition, licensing and management of IP
• Establishes the DoD IP Cadre
• Designates the (ASD(A)) as the senior DoD official overseeing policy
and guidance for acquisition, licensing, and management of IP
Overview - DoDI 5010.44
5
Table of Contents – DoDI 5010.44 Sections
• Section 1: General Issuance Information
• Section 2: Responsibilities
• Section 3: The IP Cadre
• Section 4: IP Implementation Guidance
6
Section 1: General Issuance Information
• The instruction applies to the acquisition and licensing of IP
acquired for DoD.
– Note-not applicable to licensing or technology transfer of USG
owned IP, or to branding and
trademark licensing.
7
Section 1.2: Policy-Acquire, license and manage IP to:
‐ Enable coordination and consistency across DoD Components in
developing and implementing strategies for acquiring and licensing
IP and communicating with industry
‐ Ensure program managers are aware of rights and obligations of
Government and contractors in IP.
‐ Consider and use best practices for acquiring and licensing IP early
in the acquisition process.
‐ Encourage customized IP strategies for each system.
8
Section 1.2 b. Core Principles
‐ Integrate IP planning into acquisition strategies and product support
strategies to protect core DoD interests over entire life cycle
‐ Ensure acquisition professionals have relevant knowledge of how IP
matters relate to their official duties; cross-functional input and coordination
critical to planning and life-cycle objectives
‐ Negotiate specialized provisions for IP deliverables and associated license
rights if doing so effectively balances DoD and industry interests than
standard license rights
9
Section 1.2 b.: Core Principles, cont.
‐ Communicate clearly and effectively with industry regarding planning,
expectations and objectives for system upgrade and sustainment
‐ Respect and protect IP resulting from technology development investments
by both the private sector and the U.S. Government
‐ Clearly identify and match deliverables with the license rights in those
deliverables
10
• ASD(A) – Senior DoD official overseeing development/implementation of DoD IP policy and
guidance; manages IP cadre (experts in the acquisition, licensing and management of IP)
• DAU President – In collaboration with IP Cadre, develops and updates IP curricula and
reference materials, makes use of lessons learned from case studies; provides and continuously
improves IP training
• DoD GC – provides legal advice and services in support of DoDI 5010.44 and the IP Cadre
Section 2: Responsibilities
11
• DoD Component Heads with Acquisition Authority or Contract
Administrative Responsibilities –
‐ Oversee implementation of DoDI 5010.44
‐ Ensure program personnel have relevant knowledge of Government
and contractors IP rights and obligations.
‐ IP law and regulations, program management, logistics, contracts,
data management, valuation etc.
‐ Incorporate consideration of types of IP deliverables and level of
associated license rights into source selection evaluation factors and
as negotiation objectives in sole-source awards
Section 2: Responsibilities-cont.
12
• DoD Component Heads with Acquisition Authority or Contract
Administrative Responsibilities –
‐ Coordinate consistency across DoD in trategies for determining IP
deliverables and necessary rights
‐ Incorporate IP planning elements into acquisition strategies
‐ Communicate clearly and effectively with industry on IP matters
‐ Acquire necessary IP deliverables/license rights at fair and reasonable
prices.
DoD Component Heads-cont.
13
‐ DoD Component Heads with Acquisition Authority or Contract
Administrative Responsibilities (con’t)
‐ Ensure IP strategies identify and enable actions to ensure return on
U.S. Government investment in IP developed at USG expense
‐ Ensure IP deliverables (e.g. technical data and computer software) and
associated license rights are acquired and managed
‐ Establish and maintain IP management throughout.
DoD Component Heads-cont.
14
Section 3 – IP Cadre
The IP Cadre is established under the authority,
direction, and control of the ASD(A)”
• Purpose:
• Facilitates consistent approaches across DoD
for acquiring, licensing, and managing IP
• Provide expert advice to the acquisition
workforce on IP matters;
• Advise, assist, and provide resources to DoD
Components on IP matters
15
Section 3 – IP Cadre
Specific Responsibilities:
• Provides oversight on all acquisition and licensing policy and procedures
for DoD IP
• Coordinates actions and exchange information with DoD organizations;
• Interfaces with Congress, industry, academia, other organizations;
• Supports development of requirements for training and credentialing the
acquisition workforce;
• Provides assistance to DoD Components within scope of IP Cadre roles
and responsibilities
16
Section 3 – IP Cadre
Specific Responsibilities: (cont.)
‐ Issue and interpret policies relating to acquisition, licensing and
management of IP
‐ Advise and assist in development of acquisition strategy, product strategy
and IP strategy for a system
‐ Conduct or assist with financial analysis and valuation of IP
‐ Assist program offices in drafting relevant IP provisions in solicitations,
contracts, OTAs and licenses
17
Section 3 – IP Cadre
Specific Responsibilities: (cont.)
‐ Assist contracting officers in interactions with contractors (e.g.
communications, negotiations)
‐ Coordinate with DAU, academia and industry to develop and update IP
curricula and reference materials
‐ Address management of IP deliverables and IP rights to support a
competitive environment from inception through sustainment
18
IP Cadre Point of Contacts
• OSD – Mr. Richard Gray, Director IP Cadre, Assistant Secretary of Defense Acquisition
(Acquisition)/Acquisition Enablers/Acquisition Approaches and Management/IP Cadre
– Contact Alternate – Mr. Phil Rodgers
• Army – Ms. Glenna Downes, Office of the Assistant Secretary of the Army (Strategy and
Acquisition Reform)(DASA-SAR)
– Contact Alternate-Ms Margaret Boatner
• Navy – Mr. Daniel Nega, Deputy Assistant Secretary of the Navy (Air Ground)
– Contact Alternate – Mr. Richard Tschampel
• Air Force – Ms. Angayurkanni (Kanna) Annamalai-Brown, Chief of the Air Force Smart IP
Cadre
– Contact Alternate- Mr. Matt Bailey
• DAU– Ms. Vicki Allums, Learning Director, Intellectual Property
– Contact Alternate- Mr. Mark Dvorscak, Professor of Acquisition Management (Intellectual
Property), Defense Systems Management College
19
Section 4: IP Implementation Guidance
IP Strategy –
DoD programs must have an IP strategy :
• Identify and manage IP
• (e.g. technical data and computer
software deliverables, patented
technologies, license rights)
• Must do it from program inception and
throughout life cycle.
20
Section 4: IP Implementation Guidance
IP Strategy –
‐ Assess near term & long-term program
requirements:‐ Ownership costs of IP deliverables,
‐ Associated license rights necessary for competitive
and affordable sustainment and modernization.
‐ Support use of modular open systems
approaches
‐ Customized based on unique system
characteristics
21
Section 4: IP Implementation Guidance
• DoD Component Requirements
‐ Program management offices will use direct competition and indirect means, at
various levels to improve performance and cost control on IP related matters
‐ e.g. best value source selection, competitive prototyping, dual sourcing, modular
open systems approaches; and opportunities for small business and
organizations employing the disabled
‐ Use all available techniques and best practices (e.g. MOSA) when cost effective and
feasible.
‐ Information systems must support product configuration management, data loss
prevention, and data sharing or exchange of IP deliverables
22
• 1) Are your program and contracting offices complying with
the core principles identified in Section 1?
• 2) Are you working with your IP Cadre Point of Contact,
Contracting and IP attorneys and other SMEs?
• 3) Does your program have an IP strategy?
DoDI 5010.44 Implementation Considerations
23
• 4) In developing the IP strategy, have you and a cross-functional team
(e.g. PM, KO, SME (e.g. technical, financial), Contracting and IP
attorneys, considered the following questions:
‐ What type of data or technology (e.g. GOTS, COTS or hybrid) do you
need?
‐ How will you use it (short and long-term)?
‐ What type of data rights do you need?
‐ What’s your budget and what does the data cost (short and long-term)?
‐ Are all the stakeholders (e.g. KO, PM, Technical SMEs, Contracting &
IP attorneys) at the table during all contract phases?
DoDI 5010.44 Implementation Considerations
24
• 5) Has the program management office considered and
complied with the requirements of the Instructions?
• 6) Has the program management and contracting office
complied with separate Mildep IP policies and
implementing guides, if applicable?
• Army -
https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/AR
N14261_AD2018_26_Final.pdf
Implementation Guide -
https://armypubs.army.mil/Publications/Administrative/PO
G/CPOG.aspx
• Air Force - To access, contact DAU at [email protected]
DoDI 5010.44 Implementation Considerations
25
DAU Educational Current, Future IP and Data
rights Resources, and Contact Info• CLE 068 – online foundational IP and Data rights module
https://icatalog.dau.edu/onlinecatalog/print.aspx?crs_id=1911
• WSM 022 – IP Strategy Workshop/Job aid
• IP and Data rights Community of Practice
https://www.dau.edu/cop/ipdr/Pages/Default.aspx
• Future Learning Assets
– Foundational IP Valuation module/Job aid
• To reach any member of the DAU IP and Data Rights team, please
email [email protected]
26
Top Related