PROCUREMENT OF COMMERCIAL OFF THE SHELF SOFTWARE

Date Signed: 7/22/2014
MARADMINS Active Number: 354/14

UNCLASSIFIED/
R 190009Z JUL 14
MARADMIN 354/14
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC C4(UC)/F002//
SUBJ/PROCUREMENT OF COMMERCIAL OFF THE SHELF SOFTWARE//
REF/A/MSGID:DOC/SECNAV/YMD:20090410//
REF/B/MSGID:MEMO/DON CIO/YMD:20120222// 
REF/C/MSGID:MSG/HQMC C4/171207ZMAY2013//
REF/D/MSGID:DOC/CMC/YMD:20100105//
REF/E/MSGID:MSG/HQMC C4/061806ZJUL2011//
NARR/REF (A) IS SECNAVINST 5230.15 THAT PROMULGATES POLICY ON THE FIELDING AND VENDOR SUPPORT OF COMMERCIAL OFF THE SHELF (COTS) SOFTWARE. REF (B) IS DON CIO DIRECTIVE ANNOUNCING MANDATORY USE OF (DON) ENTERPRISE LICENSE AGREEMENTS (ELA) BY DON ORGANIZATIONS AND PROGRAMS TO ACHIEVE COST SAVINGS. REF (C) IS MARADMIN 253/13 THAT INITIATED STRATEGIC PAUSE ON THE PROCURMENT OF COMMERCIALOFF THE SHELF (COTS) SOFTWARE. REF (D) IS MCO 5400.52 ASSIGNING DIRECTOR C4 THE ROLE AND RESPONSIBILITIES OF THE (DON) DEPUTY CIO FOR THE MARINE CORPS (DDCIO (MC)). REF (E)IS MARADMIN 375/11 THAT PROMULGATES IT PROCUREMENT POLICY.//
POC/ROBIN THOMAS/CIV/HQMC C4CIO/WASHINGTON DC/ TEL:703-693-3488/ EMAIL:ROBIN.A.THOMAS (AT)USMC.MIL//
POC/WILLIAM POLANIA/MAJ/UNIT:HQMC C4CIO/NAME:WASHINGTON DC/TEL:703-693-9940/ EMAIL:WILLIAM.POLANIA (AT)USMC.MIL///
GENTEXT/REMARKS/1. PURPOSE. TO LIFT THE STRATEGIC PAUSE ON THE PROCUREMENT OF COTS SOFTWARE ON EXISTING DON AND OR MARINE CORPS ENTERPRISE LICENSE AGREEMENTS (ELA)INITIATED BY REFERENCE (A) AND REITERATE ESTABLISHED POLICY ON THE USE OF ELAS, FUNDING AND SUSTAINMENT FOR SOFTWARE LICENSES AND VENDOR SUPPORT AND APPROVAL OF SOFTWARE IT PROCUREMENT REQUESTS IAW REF (A) AND (B).
2. CANCELLATION. THE STRATEGIC PAUSE ON THE PROCUREMENT OF COTS SOFTWARE ON EXISTING DON AND/OR MARINE CORPS ELAS INITIATED BY REF (C) IS CANCELLED; POLICY ESTABLISHED BY REF (C) REMAINS IN EFFECT. BACKGROUND. REF (B) REQUIRES ALL COTS SOFTWARE IN USE ACROSS THE DON TO BE VENDOR SUPPORTED. OVER THE YEARS, COMMANDS HAVE PROCURED SOFTWARE LICENSES OFTEN WITHOUT CONSIDERATION OF FOLLOW-ON SOFTWARE MAINTENANCE COSTS RESULTING IN A SIGNIFICANT UNFUNDED SUSTAINMENT BILL FOR THE MARINE CORPS.  FY15 AND OUT, MARINE CORPS SOFTWARE ENTERPRISE LICENSE MANAGEMENT SYSTEM (MCSELMS) FACES SIGNIFICANT FUNDING SHORTFALLS, RENDERING IT UNABLE TO FULLY FUND LEGACY (NON NGEN, SONIC, AND TACTICAL AAO/SOFTWARE) LICENSE SUSTAINMENT. THIS MARADMIN ISSUES POLICYENFORCING THE PROCUREMENT OF SOFTWARE, MAINTENANCE, AND SUSTAINMENT VIA DON ELA(S).
3. ACTION: EFFECTIVE IMMEDIATELY:
3.A.1. WHILE THE STRATEGIC PAUSE IN MARADMIN 253/13 IS CANCELLED, ALL SOFTWARE WILL CONTINUE TO BE VETTED THROUGH MCSELMS AND APPROVED BY THE DIRECTOR C4 FOR DON/MARINE CORPS ELA COMPLIANCE.  
3.A.2. IAW WITH REF (D), WHERE A DON ELA EXISTS, ANY SOFTWARE, RELATED HARDWARE, OR SERVICES OFFERED BY THAT ELA MUST BE PROCURED VIA THAT ELA. THIS INCLUDES SOFTWARE PROCURED WITH GOVERNMENT COMMERCIAL PURCHASE CARDS (GCPC). IN THE ABSENCE OF A DON ELA USE OF ELA ESTABLISHED AND MANAGED UNDER INFORMATION TECHNOLOGY STRATEGIC SOURCING (ITSS) (SPECIFICALLY MCSELMS) IS MANDATORY FOR ALL MARINE CORPS COMMANDS AND PROGRAMS THROUGHOUT THE PROGRAM LIFECYCLE.  PROGRAM MANAGERS (PM), FINANCIAL MANAGERS (FM), AND REGIONAL CONTRACTING OFFICERS (RCO) MUST USE THE DON/MARINE CORPS ELA AND ARE PRECLUDED FROM INCLUDING ELA SUPPORTED REQUIREMENTS IN STATEMENT OF OBJECTIVES/WORK OR IN SUPPORT CONTRACTS WHERE THE VENDOR IS TASKED WITH PROVIDING THE  SOFTWARE, RELATED HARDWARE, AND/OR SERVICES. WHERE A DON ELA OR MCSELMS AGREEMENT IS NOT AVAILABLE, PM'S, FM'S, AND RCO'S MUST USE DOD ENTERPRISE SOFTWARE INITIATIVE (ESI) AS THE PROCUREMENT VEHICLE IF AVAILABLE.
3.A.3. DON ELA SOFTWARE IS LOCATED AT HTTPS: (SLASH) (SLASH) WWW.PEOEIS.PORTAL.NAVY.MIL (SLASH) PMM110(SLASH) DEFAULT.ASPX
3.A.3.A.  DOD ESI SOFTWARE AGREEMENTS ARE LOCATED AT HTTPS: (SLASH) (SLASH) WWW.ESI.MIL
3.A.4. SOFTWARE THAT IS NOT SUBJECT TO PROCUREMENT VIA DON ELA OR DOD ESI MAY BE PURCHASED BY LOCAL RCO OR FM. 
3.B.1. ORGANIZATIONS REQUESTING A WAIVER FROM USING A DON ELA MUST FOLLOW THE PROCESS DESCRIBED IN REF (D).
3.B.2. ORGANIZATIONS REQUESTING A WAIVER FROM USING A MARINE CORPS ELA WILL SUBMIT SUPPORTING JUSTIFICATION INTO ITPRAS REQUESTING AN EXCEPTION TO THIS POLICY FOR DIRECTOR C4 CONSIDERATION.
3.C.1. IN ORDER TO COMPLY WITH REF (A) AND (B) AND ENSURE DON ELA SOFTWARE MAINTENANCE IS FULLY FUNDED IN THE OUT YEARS, ORGANIZATIONS MUST BUDGET AND PROGRAM FOR SOFTWARE MAINTENANCE COSTS AND IDENTIFY AN APPROPRIATE MARINE CORPS PROGRAMING CODE (MCPC), AT INITIAL PROCUREMENT, TO BE ASSOCIATED WITH THE SOFTWARE THROUGHOUT ITS LIFECYCLE.     
3.C.2. MCSELMS/ITSS IN CONJUNCTION WITH HQMC C4 WILL IDENTIFY AND REPORT TO P&R THOSE UNITS AND PROGRAMS REQUIRING SOFTWARE SUSTAINMENT NOT FUNDED VIA SONIC, NGEN, OR THE TACTICAL AAO BASELINES. P&R WILL RETRIEVE AND TRANSFER FUNDS TO MCSELMS PRIOR TO RELEASING FINAL CONTROLS TO PAY FOR ELA SOFTWARE MAINTENANCE THROUGHOUT THE SOFTWARE LIFECYCLE. 
3.C.3. SOFTWARE NOT PROPERLY FUNDED AND SUSTAINED IS A SECURITY RISK AND MAY JUSTIFY AN AUTHORITY TO OPERATE (ATO)REVOCATION AND NETWORK DISCONNECTION.
3.D.1. THE DIRECTOR C4 WILL APPROVE/DISAPPROVE ALL SOFTWARE REGARDLESS OF DOLLAR AMOUNT OR TYPE, AS AN EXCEPTION TO THE ESTABLISHED $150K THRESHOLD PER REF (E). THIS POLICY APPLIES TO ALL USMC FUNCTIONAL AREAS, PROGRAMS OF RECORD, AND UNITS.
4. THIS MESSAGE SELF CANCELS UPON PUBLICATION APPROVAL OF AMCO ON THIS SUBJECT.
5. RELEASE APPROVED BY BGEN KEVIN J. NALLY, DIRECTOR C4/DEPUTY DON CIO (MC).//