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PSAD-79-69 1 (1979-05-18)

handle is hein.gao/gaobaazev0001 and id is 1 raw text is: 




UNITED STATES GENERAL ACCOUNTING OFFICE
        WASHINGTON, D.C. 20548


PROCUREMENT AND SYSTEMS
  ACQUISITION DIVISION

      B-163074


The Honorable Harold Brown
The Secretary of Defense

     Attention: Assistant for Audit Reports
                 Room 3A336
                 ASD (Comptroller)


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L109397


MAY 18, 1979


111111 11f l ll l l
   109397


Dear Mr. Secretary:

\)    The Government paid $1,858,500 for the use of special-
purpose computer software packages called Telescope 340,
Telescope 350, and TeleDynamic 1/ even though these packages
had been developed primarily at Government expense. Addi-
tionally, these packages were acquired with restricted
rights. This occurred because the Defense Acquisition Regu-
lation did not provide adequate guidance on ownership rights
in computer software and because contracting officials did
not enforce certain provisions of the acquisition regulations.

     /According to Defense Acquisition Regulation 9-602, the
 Government is to have unlimited rights in computer software
 required to be developed under or generated as a necessary
 part of performing a Government contract. 2/ No license fees
 payment is to be made where the Government has obtained un-
 limited rights.I Our audit work at Grumman Data Systems Cor-
 poration 3/ disclosed that the Government paid licensing fees
 for software developed under Government contracts and should
 have obtained unlimited software rights.


 1/Telescope 340, Telescope 350, and TeleDynamic, along with
   Telescope 330, are trademarks of Grumman Data Systems Cor-
   poration. In this report, the trademark legend will not
   be repeated each time the trademark is used.

 2/This section was in effect at the time of execution of
   the contracts involving Telescope 350 and TeleDynamic
   but not during the contract involving Telescope 340.

 3/Grumman Data Systems Corporation and Grumman Aerospace
   Corporation are wholly owned subsidiaries of Grumman Cor-
   poration.

                                                    (950395)

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