The specific terms and conditions governing data rights and ownership of deliverables shall be specified in each respective task order under these contract awards.
It is CPS’s intent that any data or deliverable created as a result of a task order under these contract awards be committed to the public domain.
Contracting Officers are encouraged to designate in task orders the following items as property of CPS with the intention of committing the items to the public domain: all data, documents, graphics and code created under these contract awards including but not limited to, plans, reports, schedules, schemas, metadata, architecture designs, and the like; new open source software created by the Contractor and forks or branches of current open source software where the Contractor has made a modification; new tooling, scripting configuration management, infrastructure as code, or any other final changes or edits to successfully deploy or operate the software.
If commercial software is required as part of the contractor’s delivery of professional services, then the ordering official shall include the appropriate or applicable agency supplemental clause(s).
The contractor shall use open source technologies wherever possible. Additionally, any work produced shall be committed to the public domain as open source products. All licenses must be expressly listed in the deliverable. Regardless of license(s) used (e.g., MIT, GPL, Creative Commons 0) the license(s) shall be clearly listed in the documentation.
If the contractor needs to use work that does not have an open source license, the contractor is required to request permission from CPS, in writing, before utilizing that work in any way in connection with the task order. If approved, all licenses shall be clearly set forth in a conspicuous place when work is delivered to CPS.
If an open source license provides implementation guidance, the contractor shall ensure compliance with that guidance. If implementation guidance is not available, the contractor shall attach or include the license within the work itself. Examples of this include code comments at the beginning of a file or contained in a license file within a software repository.
Contracting Officers may consider requiring the contractor to place a copyright waiver on materials, documents, deliverables, etc., developed during the performance of a task order.