OSS Policy in the Military

OSS Is Allowed and Preferred

As it relates to both Federal Government and Department of Defense (DoD) acquisitions, Open Source Software(OSS) is considered “commercial computer software” products. The United States Code (), Federal Acquisition Regulations (), and Defense Federal Acquisition Supplement () all concur in the classification of OSS as a commercial software product because OSS is commonly licensed to the general public for purposes not uniquely governmental and can be modified to meet various requirements. In many cases, OSS products can also be considered “commercial off-the-shelf items” (COTS), a specific subset of commercial items (). COTS items are ready to use and require little if any customization.

To ensure efficiency and reduce the potential for waste, the Federal Government has enacted legislation () directing its agencies exercise a preference for commercial and nondevelopmental items (NDI) “to the maximum extent practicable”. The law’s intent to prefer COTS and NDI products is echoed in both the FAR and the DFARS. As a commercial item, an OSS product that is found to viably meet an agency's requirements must be considered alongside other commercial products being evaluated.

Department of Defense

In 2009 the DoD issued a memo providing clarification and guidance to establish the definitive interpretation of OSS as being “commercial” and therefore given preferential treatment in the acquisition process and extended that interpretation to all military services.

- 2003 Stenbit Memo¹
- 2006 OTD Roadmap²
- 2009 DoD OSS Policy Memo³
- 2010 Carter Memo⁴

U.S. Army

- AR 25-2 p4-6⁵

Department of the Navy (U.S. Navy & U.S. Marine Corps)

- 2007 DoN Policy Memo: Open Source Software Guidance

U.S. Air Force

To date, the United States Air Force has not defined it's own OSS policies. With the 2009 DoD OSS Memo⁶ in force, the Air Force will likely invoke and transmute the DoD's guidance to the Air Force.