ARMY AL&T
from different industry or government solutions. Te Integra- tion Directorate assists in defining the necessary open interfaces and standards for a program to ensure that industry can retain the ownership of the IP it is concerned about while maintain- ing exposure to the necessary parts hardware and software that the programs need visibility into. MOSA implementation is required under DOD regulations and is key to avoiding vendor lock scenarios.
MOSA is a key initiative throughout the portfolio, to include Project Manager Electronic Warfare and Cyber (PM EW&C). PM EW&C’s mission is to develop and field integrated capa- bilities for spectrum warfare. Teir Terrestrial Layer System – Echelons Above Brigade (TLS EAB) and Terrestrial Layer System – Brigade Combat Team (TLS BCT) systems provide situational awareness in multidomain operations. By imple- menting the C5ISR/Electronic Warfare Modular Open Suite of Standard (CMOSS) into the prototyping efforts of both TLS BCT and TLS EAB from their inception, the government has been able to assert satisfactory rights to the systems and fully understand all associated data rights of the hardware and soft- ware throughout the continuous prototyping effort.
Project Manager for Position, Navigation, Timing (PNT) provides mounted and dismounted solutions that enable assured PNT for multidomain operations in denied or contested environ- ments. NorthStar will be the next-generation mounted assured PNT capability. NorthStar is intended to leverage a government- designed and -owned architecture at the center of its capability. Te MOSA requirement will ensure the system is upgradable and affordable to overmatch present and future threats. Te IP and data rights strategy here is to mandate that architecture at the center of the system so that, going forward, a new vendor can enter the program without IP and data rights considerations.
STRATEGIES FOR SUCCESSFUL NEGOTIATION Because of the complexities of managing IP, each DOD program must have a detailed IP strategy. Tis strategy should identify and manage all IP-related matters, such as technical data, computer software deliverables, patented technologies and license rights, from the inception of a program and keep it updated through- out the entire product life cycle. Tis IP strategy is included in the acquisition documentation, statement of work and acquisi- tion strategy.
Important steps must be taken when developing the statements within contracts regarding IP, including data rights. For start- ers, contract managers must be clear and understand what is
https://asc.ar my.mil 45
necessary in the inception phase of a product life cycle. A program manager also needs to be prepared to monitor the contract and product throughout its life cycle, as different phases of the life cycle require different approaches. A product in sustainment may require different technical data versus a product in development, for example, and foreign partner use and global implications must be considered as well.
PEO IEW&S pays particular attention to the acquisition processes for all products within the portfolio and the implications of a thoughtful and robust plan for IP strategies. “Trough diligent adherence to contracting regulations, leveraging organizational expertise, applying adaptable, negotiable strategies, developing the acquisition workforce and continuous monitoring of the portfolio, PEO IEW&S can retain the right levels of IP as necessary, while providing superior products to customers within budget,” said Nicholaus Saacks, deputy program executive officer for IEW&S. “Te good news story is that we can avoid being locked into 15-year contracts with a singular vendor while allowing for competition within the community. PEO IEW&S is committed to a proactive, nuanced and deliberate approach to navigating the complexities of IP in its contracting efforts.”
CONCLUSION For fiscal year 2025, the trend of rapid advancements in technol- ogy, including AI, continues. IP laws continue to evolve, budgets continue to shrink and vendors want to protect their investments. Managing IP and its costs will continue to be a consideration for acquisition professionals to navigate well into the future.
For more information, go to
https://peoiews.army.mil/.
ALLISON WEISSERT is a public affairs specialist for PEO IEW&S. She previously worked at the National Security Agency for eight years. She holds a B.S. in marketing from West Chester University.
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