Issue: Intellectual property rights as currently set forth in GSA Schedule contracts are unclear, cumbersome and unduly burdensome for contractors.
The End User License Agreement (EULA) requirements remain unclear in IT Schedule 70. As such, each license agreement must be reviewed by the contracting officer and legal counsel.
Recommendation: A basic set of terms should be developed that identify the key requirements that the contractor must agree to in order to comply with federal law. Alternatively, the IT Schedule 70 could include language stating that in the event of a conflict between federal law and the applicable license agreement, federal law controls. For example, IT Schedule contracts could include the following:
The parties acknowledge and agree that this Contract and any orders hereunder are subject to certain federal laws and regulations. Notwithstanding any clause to the contrary in any license agreement attached or appended to any order under this Contract, to the extent any clauses in the attached license agreement conflict with federal law or regulation or the terms of this Contract, such clauses shall not be given effect. The parties agree to review and negotiate the license clauses in good faith to the extent necessary to ensure compliance with applicable law and regulation.