DoDI 5000.87, October 2, 2020
SECTION 3: PROCEDURES 13
describe the management of delivery and associated license rights for all software and related
materials necessary to meet operational, cybersecurity, and supportability requirements. The IP
strategy must support and be consistent with all other government strategies for design,
development, test and evaluation, operation, modernization, and long-term supportability of the
software, protection of the software supply chain, and must be implemented via appropriate
requirements in the contracts.
(1) The PM should understand the rights and obligations of both the government and
industry, as well as the system and software architecture and lifecycle requirements, in order to
shape program strategies and negotiate for computer software deliverables and license rights.
(2) The IP strategy will include, to the maximum extent practicable, negotiation for and
periodic delivery of: all executables, source code, associated scripts, build procedures,
automation scripts, tools, databases, libraries, test results, data sets, firmware, training materials,
and any other elements necessary to integrate, test and evaluate, debug, deploy, and operate the
software application in all relevant environments (e.g., development, staging, and production).
Data sets and records should include those that support operations and mission-related decisions.
Furthermore, it should address delivery of all software components where the government will
have rights to the source code, such as open source software and software developed at
government expense; and a list of all third-party software components included in the software.
The delivery of software source code should support activities such as compilation and
debugging, and future requirements for software sustainment over the lifecycle of the program.
(3) The IP strategy should address collaboration with other potential developers and
users of software, in cases where the government will be taking delivery of, and potentially
modifying the source code, to reduce unnecessary duplication. For example, the strategy should
address when and how the program will either accept or provide improvements to software
component source code from other government agencies or to an open-source project managed
outside the DoD. To the extent practicable, the PM will avoid creating program-specific
versions of software components.
(4) The PM will implement mechanisms to ensure any restrictive markings on software
and software documentation deliverables markings and assertions conform to contract terms and
conditions before acceptance by the government.
(5) The PM will approve the use of any commercial or proprietary software that has not
been previously identified in the IP strategy before its insertion into the software developed for
the government. Before approval, the PM will assess the software licensing agreement against
the IP strategy to ensure that any government unique IP rights are negotiated and enumerated in
the contract license agreement. The PM will comply with the license requirements associated
with all IP associated with commercial or proprietary software.
(6) The PM, as much as practicable, will require that any commercial or proprietary
software used in or interoperable with software developed for the government has documented
open interfaces to allow for technology insertion, and to support the use of modular open systems
approaches. PM’s will ensure that a holistic approach is used to ensure the government’s
requirements are satisfied; this will be addressed in detail in Service policy and guidance.