HOW (NOT) TO CONTRACT SOFTWARE DEVELOPMENT
just plagiarism from unlicensed sources, but several instances of failing to comply with the terms of open source licenses such as providing the exact source code used (GNU General Public License) and failing to include mandatory acknowledgments (Apache License, Version 2.0). Vendor use of outside code, after making statements of internal development, is an immediate red flag and must be taken to the contracting officer.
• Good communication—keep- ing the contract officer, contract officer representative and any technical advisers on the same page is critical, both to ensure we pay promptly for correct
The paradigm shifts in software acquisition approaches highlight the importance of Agile and iterative software development.
deliverables and for ensuring performance concerns are articu- lated accurately (from a technical perspective) and correctly (from a contract law perspective).
WHEN THINGS GO WRONG Drive toward the idea that a “failed contract” is not a “contracting failure”
when dealing with software. Software development fails—a lot—so this poten- tial outcome is almost an expectation for software contracts. Te government should not only be comfortable with terminating a contract and restarting it, but also should be approaching every software contract with this as an expected part of both the time and final cost esti- mate. Software development iterations are a necessary reality, and the ACI recom- mends the following steps when things go wrong.
Hold to the contract, particularly dead- lines. Software estimates are notoriously inaccurate and early missed deadlines are likely to compound, not disappear.
• Talk early and often across the government side of the contract team. Early issues will expand and create more issues that will likely be more costly and time consum- ing as the contract progresses.
• Know the contracting and soft- ware development processes and be prepared to execute a rebid or award to next bidder.
ALWAYS A CHALLENGE
As part of the training goal of All-Army CyberStakes, competitors are given hints and tutorial information to solve easier challenges and prepare them for the more difficult ones that comprise the main competition. (Photo courtesy of the Army Cyber Institute)
• Do not pay for substandard work, which is beneficial as it keeps the money available for getting the product done correctly.
• Salvage and mandate delivery of any data from the vendor after contract termination. Discretion
100 Army AL&T Magazine Winter 2023
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