dod approved survey tools
1/12/2023 Naval Medical Research Center Uses Genome Sequencing for Variants 1/12/2023 Military Pharmacists Face Unique Challenges While Deployed 1/10/2023 Call for Abstracts Opens for 2023 MHS Research Symposium A company that found any of its proprietary software in an OSS project can in most cases quickly determine who unlawfully submitted that code and sue that person for infringement. SurveyMonkey has agreed with the Government Services Administration (GSA), the federal government agency responsible for facilitating procurement activities across all federal agencies, upon a set of federal friendly Terms of Use for the use of SurveyMonkey by federal government users. This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. Effective: 10/08/21. Since 1974, DMDC has evolved into a world leader in Department of Defense identity management, serving uniformed service members and their families across the globe. Surveys requiring participation of personnel in any DoD Component, other than the sponsoring Component, shall be submitted to the USD(P&R) for approval, in accordance with the procedures specified in Section E of DoD 8910.1-M (reference (c)). These licenses include the MIT license, revised BSD license (and its 2-clause variant), the Apache 2.0 license, the GNU Lesser General Public License (LGPL) versions 2.1 or 3, and the GNU General Public License (GPL) versions 2 or 3. Q: Are non-commercial software, freeware, or shareware the same thing as open source software? Choose a license that best meets your goals. Defense Competency Assessment Tool (DCAT) Frequently Asked Questions (General) . Instead, Government employees must ensure that they do not accept services rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. (Reference: AR 25-98) Also, Survey Monkey is not an authorized data collection platform within the Army. Also, there are rare exceptions for NIST and the US Postal Service employees where a US copyright can be obtained (see CENDIs Frequently Asked Questions About Copyright). Big news for all of you U.S. government survey makers out there! You have reached the redirect page for the Defense Health Agency (DHA) Analytics& Evaluations Surveys. Q: How can I avoid failure to comply with an OSS license? However, the required FAR Clause 52.212-4(d) establishes that This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. In short, the ADAs limitation on voluntary services does not broadly forbid the government from working with organizations and people who identify themselves as volunteers, including those who develop OSS. The red book explains its purpose; since an agency cannot directly obligate in excess or advance of its appropriations, it should not be able to accomplish the same thing indirectly by accepting ostensibly voluntary services and then presenting Congress with the bill, in the hope that Congress will recognize a moral obligation to pay for the benefits conferred. . For over 13 years, QuestionPro has provided reliable technology to organizations from Fortune 100 companies to individual researchers. Open standards also make it easier for OSS developers to create their projects, because the standard itself helps developers know what to do. This need for legal analysis is one reason why creating new OSS licenses is strongly discouraged: It can be extremely difficult, costly, and time-consuming to analyze the interplay of many different licenses. These included the Linux kernel, the gcc compilation suite (including the GNAT Ada compiler), the OpenOffice.org office suite, the emacs text editor, the Nmap network scanner, OpenSSH and OpenSSH for encryption, and Samba for Unix/Linux/Windows interoperability. It noted that a copyright holder may dedicate a certain work to free public use and yet enforce an open source copyright license to control the future distribution and modification of that work Open source licensing has become a widely used method of creative collaboration that serves to advance the arts and sciences in a manner and at a pace that few could have imagined just a few decades ago Traditionally, copyright owners sold their copyrighted material in exchange for money. No, the DoD does not have an official recommendation for any particular OSS product or set of products, nor a Generally Recognized as Safe/Mature list. This approach may inhibit later release of the combined result to other parties (e.g., allies), as release to an ally would likely be considered distribution as defined in the GPL. Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. Thus, open systems require standards that are widely-supported and consensus-based; standards that meet these (and possibly some additional conditions) may be termed open standards. (2) The Office of the Inspector General of the Department of Defense in fulfilling its statutory duties and functions. Our solutions packages include all of the hardware, software, services and support needed for a fully-integrated, ready-to-run, turnkey system. As with all commercial items, organizations must obey the terms of the commercial license, negotiate a different license if necessary, or not use the commercial item. But what is radically different is that a user can actually make a change to the program itself (either directly, or by hiring someone to do it). At project start, the project creators (who create the initial trusted repository) are the trusted developers, and they determine who else may become a trusted developer of this initial trusted repository. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. Using a standard license simplifies collaboration and eliminates many legal analysis costs. Airmen who get a survey can check the approved AF surveys list on the Air Force Portal at https://www.my.af.mil/gcss-af/USAF/content/ApprovedSurveys, or contact the survey office at af.surveys@us.af.mil. Under the statutory provisions, Congress has established criminal penalties for knowingly violating patient privacy. Others can obtain permission to use a copyrighted work by obtaining a license from the copyright holder. Many perceive this openness as an advantage for OSS, since OSS better meets Saltzer & Schroeders Open design principle (the protection mechanism must not depend on attacker ignorance). Service Mixing GPL can provide generic services to other software. Want to find out more about this topic? Certain FAR clause alternatives (such as FAR 52.227-17) require the contractor to assign the copyright to the government. The real challenge is one of education - some developers incorrectly believe that just because something is free to download, it can be merged or changed without restriction. Many DoD capabilities are accessible via web browsers using open standards such as TCP/IP, HTTP, and HTML; in such cases, it is relatively easy to use or switch to open source software implementations (since the platforms used to implement the client or server become less relevant). By some definitions this is technically not an open source license, because no license is needed, but such public domain software can be legally used, modified, and combined with other software without restriction. If you think you have an information collection that may need to be licensed, the first thing you must do is contact the Information Control Officer (IMCO). The term open source software is sometimes hyphenated as open-source software. "acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency; require prime contractors and subcontractors at all levels under the agency contracts to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency; modify requirements in appropriate cases to ensure that the requirements can be met by commercial services or commercial products or, to the extent that commercial products suitable to meet the agencys needs are not available, nondevelopmental items other than commercial products in response to agency solicitations; state specifications in terms that enable and encourage bidders and offerors to supply commercial services or commercial products or, to the extent that commercial products suitable to meet the agencys needs are not available, nondevelopmental items other than commercial products in response to the agency solicitations; revise the agencys procurement policies, practices, and procedures not required by law to reduce any impediments in those policies, practices, and procedures to the acquisition of commercial products and commercial services; and, require training of appropriate personnel in the acquisition of commercial products and commercial services.". This is in part because such a ban would prevent DoD groups from using the same analysis and network intrusion applications that hostile groups could use to stage cyberattacks. . For additional support or to submit feedback directly please email,dha.ncr.dec-support.list.dha-decision-support@mail.mil. Increase Localstorage Size Chrome, Classified software should already be marked as such, of course. Classic Full Body Blend Workout, Note that Creative Commons does not recommend that you use one of their licenses for software; they encourage using one of the existing OSS licenses which were designed specifically for use with software. A service mark is "a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. Computer and electronic hardware that is designed in the same fashion as open source software (OSS) is sometimes termed open source hardware. Q: How can you determine if different open source software licenses are compatible? SUBJECT: DoD Surveys REFERENCES: See Enclosure 1 1. As noted in the Secure Programming for Linux and Unix HOWTO, three conditions reduce the risks from unintentional vulnerabilities in OSS: The use of any commercially-available software, be it proprietary or OSS, creates the risk of executing malicious code embedded in the software. Vendor lock-in, aka lock-in, is the situation in which customers are dependent on a single supplier for some product (i.e., a good or service), or products, and cannot move to another vendor without substantial costs and/or inconvenience. No. For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. What is Open Technology Development (OTD)? Form 207). Note that this sometimes depends on how the program is used or modified. Since OSS provides source code, there is no problem. Note: Software that is developed collaboratively by multiple organizations within the government and its contractors for government use, and not released to the public, is sometimes called Open Government Off-the-Shelf (OGOTS) or Government OSS (GOSS). Factors that greatly reduce this risk include: Typically not, though the risk varies depending on their contract and specific circumstance. Although the Defense Health Agency may or may not use these sites as additional distribution channels for Department of Defense information, it does not exercise editorial control over all of the information that you may find at these locations. Recent rulings have strengthened the requirement for non-obviousness, which probably renders unenforceable some already-granted software patents, but at this time it is difficult to determine which ones are affected. For example, software that is released to the public as OSS is not considered commercial if it is a type of software that is only used for governmental purposes. Even where there is GOTS/classified software, such software is typically only a portion of the entire system, with other components implemented through COTS components. Thankfully, such analyses has already been performed on the common OSS licenses, which tend to be mutually compatible. A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The DoD has chosen to use the term open source software (OSS) in its official policy documents. Once you select the survey below that you were invited to participate in you will be redirected to our contractor's website to complete the survey. The IDA Open Source Migration Guidelines recommend: It also suggests that the following questions need to be addressed: It also recommends ensuring that decisions made now, even if they do not relate directly to a migration, should not further tie an Administration to proprietary file formats and protocols. A GPLed engine program can be controlled by classified data that it reads without issue. Its flexibility is as high as GOTS, since it can be arbitrarily modified. This risk is mitigated by reviewing software (in particular, for classification and export control issues) before public release. Yes. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Public definitions include those of the European Interoperability Framework (EIF), the Digistan definition of open standard (based on the EIF), and Bruce Perens Open Standards: Principles and Practice. It builds upon current momentum and leans on the invention and successes of DoD organizations. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, did suggest developing a Generally Recognized As Safe (GRAS) list, but such a list has not been developed. In addition, ignoring OSS would not be lawful; U.S. law specifically requires consideration of commercial software (including extant OSS, regardless of exactly which license it uses), and specifically instructs departments to pass this requirement to consider commercial items down to contractors and their suppliers at all tiers. 7100-0287] Customer Satisfaction Survey (GSA) Tenant Satisfaction Survey (GSA) Customer Survey (BLS) Survey Guidance 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation defines Commercial computer software as software developed or regularly used for non-governmental purposes which: (i) Has been sold, leased, or licensed to the public; (ii) Has been offered for sale, lease, or license to the public; (iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or (iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require only minor modification to meet the requirements of this contract.. : //disa.mil/ '' > Zoom or Not resource issues the tool, however, is in the public domain may! While this argument may be valid, we know of no court decision or legal opinion confirming this. Yes, in general. Doing Business with the Defense Health Agency, Defense Medical Readiness Training Institute, Defense Health Program Agency Financial Report, 1st Annual National Small Business Contracting Summit - New Orleans LA, Limited Duty Sailor Marine Readiness Tracker (LIMDU SMART), Medical Readiness Decision Support System (MRDSS), DHA Form 207: COVID-19 Vaccine Screening and Immunization Document, v23, Defense Medical Human Resources System - Internet (DMHRSi), DHA Form 116: Pediatric and Adult Influenza Screening and Immunization Documentation, Joint Medical Operations Program Nomination/Registration Request, Basic Core Formulary - Extended Core Formulary, dha.ncr.dec-support.list.dha-decision-support@mail.mil, Survey #1: COMMANDER'S ASSESSMENT OF HEALTHCARE SUPPORT TO THE MISSION SURVEY, DHA Analytics & Evaluations Surveys Portal. For DoD contractors, if the standard DFARS contract clauses are used (in particular DFARS 252.227-7014) then the contractor who developed the software retains the copyright to the software and has the right to release it to others, even if the software was developed exclusively with government funds. New Technical Inquiry. Other laws must still be obeyed. For example, users of proprietary software must typically pay for a license to use a copy or copies. The 2003 MITRE study section 1.3.4 outlines several ways to legally mix GPL with proprietary or classified software: Often such separation can occur by separating information into data and a program that uses it, or by defining distinct layers. Apl allows DOD components to purchase and operate systems over all DOD Network.. To ARAP - United States Army < /a > Special Observances all of the status Tier-1. Among its many roles, DMDC is: The leader in joint information sharing and support on DoD human resource issues. The purpose of Department of Defense Information Network Approved Products List (DODIN APL) is to maintain a single consolidated list of products that have completed Interoperability (IO) and Cybersecurity certification. The DoD is, of course, not the only user of OSS. For example, the Government has public release rights when the software is developed by Government personnel, when the Government receives unlimited rights in software developed by a contractor at Government expense, or when pre-existing OSS is modified by or for the Government. This development enhances the ease and speed with which government users can set up SurveyMonkey accounts, allowing the government to quickly gather information through online surveys to assist in their decision making processes. Applications ) to create, disseminate, and inspections which are recorded and documented as supplier surveys of 1973 as. Use a common OSS license well-known to be OSS (GPL, LGPL, MIT/X, BSD-new, Apache 2.0) dont write your own license. a license) from the copyright holder(s) before they can obtain a copy of software to run on their system(s). Software/hardware for which the implementation, proofs of its properties, and all required tools are released under an OSS license are termed open proofs(see the open proofs website for more information). For the DoD, the risks of failing to consider the use of OSS where appropriate are of increased cost, increased schedule, and/or reduced performance (including reduced innovation or security) to the DoD due to the failure to use the commercial software that best meets the needs (when that is the case). This makes the expectations clear to all parties, which may be especially important as personnel change. OSS COTS is especially appropriate when there is an existing OSS COTS product that meets the need, or one can be developed and supported by a wide range of users/co-developers. The usual DoD contract clause (DFARS 252.227-7014) permits this by default. Thus, OSS available to the public and used unchanged is normally COTS. It is important to understand that open source software is commercial software, because there are many laws, regulations, policies, and so on regarding commercial software. Common licenses for each type are: - Permissive: MIT, BSD-new, Apache 2.0 - Weakly protective: LGPL (version 2 or 3) - Strongly protective: GPL (version 2 or 3). This instruction establishes policies, assigns responsibilities, and provides procedures governing the DoD Forms Management Program in accordance with Title 41, Code of Federal Regulations (CFR), Title 44, United States Code, Title 5, CFR,and Title 36, CFR. Another useful source is the list of licenses accepted by the Google code hosting service. The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration, however. 923, is in 31 U.S.C. Lock-in tends to raise costs substantially, reduces long-term value (including functionality, innovation, and reliability), and can become a serious security problem (since the supplier has little incentive to provide a secure product and to quickly fix problems found later). Not under typical open source software licenses based on copyright, but there is an alternative with the same practical effect. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. Example: GPL and (unrelated) proprietary applications can be running at the same time on a desktop PC. OpenSSL - SSL/cryptographic library implementation, GNAT - Ada compiler suite (technically this is part of gcc), perl, Python, PHP, Ruby - Scripting languages, Samba - Windows - Unix/Linux interoperability. Yes, its possible. The Customs and Border Protection (CBP) has said, in an advisory ruling, that the country of origin of software is the place where the software is converted into object code (Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT), for purposes of granting waivers of certain Buy American restrictions in U.S. law or practice or products offered for sale to the U.S. Government.. Do you have the necessary other intellectual rights (e.g., patents)? The project manager, program manager, or other comparable official determines that it is in the Governments interest to do so, such as through the expectation of future enhancements by others. An OSS implementation can be read and modified by anyone; such implementations can quickly become a working reference model (a sample implementation or an executable specification) that demonstrates what the specification means (clarifying the specification) and demonstrating how to actually implement it. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. Wikipedia maintains an encyclopedia using approaches similar to open source software approaches. Publicly available research and data is more important than ever as we combat the COVID-19 outbreak. For more information about other personnel issues, visit the myPers website. The U.S. has granted a large number of software patents, making it difficult and costly to examine all of them. The DoD primarily uses DoD SATCOM for establishing or augmenting telecommunications in areas lacking suitable terrestrial infrastructure, for users requiring beyond line-of-sight connectivity, and for users requiring connectivity at the halt and on the move. Problems must be fixed. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. Typically, obtaining rights granted by the license can only be obtained when the requestor agrees to certain conditions. In practice, commercial software (OSS or not) tends to be developed globally, especially when you consider their developers and supply chains. Products . If this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. 31 U.S.C. As more improvements are made, more people can use the product, creating more potential users as developers - like a snowball that gains mass as it rolls downhill. Goal 3: Transform Processes to Enable Resilience and Speed. The good news is that, by definition, OSS provides its source code, enabling a more informed evaluation than is typically available for other kinds of COTS products. If it is already available to the public and is used unchanged, it is usually COTS. You must release it without any copyright protection (e.g., as not subject to copyright protection in the United States) if you release it at all and if it was developed wholly by US government employee(s) as part of their official duties. Hipaa obligations Desk for a fully-integrated, ready-to-run, turnkey system Communications ( SATCOM ) at Grumman! This shows that proprietary software can include functionality that could be described as malicious, yet remain unfixed - and that at least in some cases OSS is reviewed and fixed. Due to current COVID-19 restrictions, the JKO Help Desk has limited access to phone support at this time. Find out why. If there are reviewers from many different backgrounds (e.g., different countries), this can also reduce certain risks. Public domain software (in this copyright-related sense) can be used by anyone for any purpose, and cannot by itself be released under a copyright license (including typical open source software licenses). If your contract has FAR clause 52.212-4 (which it is normally required to do), then choice of venue clauses in software licenses are undesirable, but the order of precedence clause (in the contract) means that the choice of venue clause (in the license) is superseded by the Contract Disputes Act. Q: Can the government release software under an open source license if it was developed by contractors under government contract? Can the DoD used GPL-licensed software? What is its relationship to OSS? Transforming software delivery times from years to minutes will require significant change to our processes, policies, workforce, and technology.. Contractors for other federal agencies may have a different process to use, but after going through a process they can often release such software as open source software. In 2017, the United States District Court for the Northern District of California, in Artifex Software, Inc.v. Hancom, Inc., issued a ruling confirming the enforceability of the GNU General Public License. As long as a GPL program does not embed GPL software into its outputs, a GPL program can process classified/proprietary information without question. SCORE: the integrated, outcomes-predictive, culture and engagement survey for everyone. As described in FAR 27.404-3(a)(2), a contracting officer should grant such a request only when [that] will enhance appropriate dissemination or use but release as open source software would typically qualify as a justification for enhanced dissemination and use. This makes the expectations clear to all parties, but there is an alternative with the time. 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