Does COTS Evaluation Software Fall Under The FAR?

Started by 2112LLP · Dec 5, 2013 · 3 replies

2
2112LLP
Dec 5, 2013 · 12y ago
Original post
Hi,

An agency is interested in evaluating a COTS software package from a vendor for a defined period of time, for no cost ($0). The vendor will supply an evaluation software license agreement covering the use of the software during the evaluation period.

Is this considered an acquistion and does it fall under the guidance of the FAR?

Any feedback would be greatly appreciated!

Thanks!
j
ji20874
Dec 5, 2013 · 12y ago
"Executive branch employees may not use their Government positions to suggest that the agency or any part of the executive branch endorses an organization (including a nonprofit organization), product, service, or person."

http://www.oge.gov/Topics/Use-of-Government-Position-and-Resources/Endorsing-Organizations,-Products,-or-Persons/

You might also be interested in the GAO's white paper on no-cost contracts:

http://www.gao.gov/special.pubs/appforum2008/nocostcontracts.pdf

You might also be interested in an earlier WIFCON discussion:

/threads/702-no-cost-agreements-and-cica-competition
A
August
Dec 5, 2013 · 12y ago
If they are conducting market research - could they invite several vendors, or publish an invitation on FBO to invite vendors, to provide their software for a short time?
2
2112LLP
Dec 6, 2013 · 12y ago
Thank you for the feedback! I think the GAO white paper reference helped to answer my question. I'll see how the agency responds!

Tom