Technology Contracting for Transit Projects (2017) / Chapter Skim
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4 government and state and local agencies, including the federal government's rights in patents for inventions and discoveries that are federally funded. Also discussed are the Federal Transit Administration's (FTA's)
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5 system being acquired and the nature of an agreement affect the terms and conditions of a contract.12 Although part V and Appendix D provide a checklist of clauses to consider when drafting a technology agreement, two important provisions of a license are the license-grant clause, which describes specifically a licensee's rights to use the licensed technology, and the royalties clause, which describes the payments that are due by a licensee to a licensor.13 C Types of Software Used by Transit Agencies 1.
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6 intellectual property indemnification."30 There is a risk with open source software that licensees will be left without a remedy if there is a claim for infringement of a copyright or patent.31 A claim could arise because a licensee likely does not know the "provenance" of any software that it obtains and cannot be certain that a contributor had the right under the copyright or patent laws to make a contribution.32 As one writer cautions, it is important to know open source products and licenses before incorporating open source software in a project.33 It may be noted that, because the intention is that open source software will be shared rather than kept secret, trade secret laws, discussed in part IX, do not apply to open source software.34 In responding to the survey, the Central Florida Regional Transportation Authority (LYNX) reported that the scope of one of its projects was that the system would use open source software and "aggregate existing technologies as much as possible."35 The Tri-County Metropolitan Transportation District of Oregon (TriMet)
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7 the infrastructure."44 Twenty-three agencies reported using a traditional design–bid–build contract for their technology project.45 However, a transit agency may want to use an alternative method of contracting, such as design– build, to transfer the responsibility from the transit agency to the contractor for the design of any software and related systems for a project. Nine transit agencies responding to the survey said that they had used design–build or another form of project delivery for their technology projects.46 It has been argued that technology contracting is "analogous" to design–build construction because for many or most IT projects "a single entity develops the business requirements with the …agency and then implements the project…."47 In design–build contracting, "the design and construction procurements are combined into one fixed-fee contract with a ‘single point of contact' that is responsible for both design and construction."48 The design–build method is said to encourage design creativity, involve the contractor earlier in the process, and shorten the time for project delivery.49 One article states that in 2005 the Metropolitan Atlanta Rapid Transit Authority (MARTA)
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