Smart strategies for identifying IP necessary for sustainment include using operational data from existing systems, supplemented by past performance and historical data from analogous systems (especially critical for systems still in development), to develop business case analyses that inform the best value Product Support Strategy.
Challenges and Opportunities of AM
data that are subject to restrictive IP license agreements. Acquiring IP and Data Rights Early The department must shift how it approaches IP and data rights from the inception of the procurement pro- cess. By prioritizing long-term flex- ibility and foresight, the department will ensure that sustainment strate- gies can be adapted over the lifespan of the platforms. Smart strategies for identifying IP necessary for sustain- ment include using operational data from existing systems, supplemented by past performance and historical data from analogous systems (espe- cially critical for systems still in devel- opment), to develop business case analyses that inform the best value Product Support Strategy. These approaches enable program offices to acquire and develop adap - tive life cycle product support during the early competition phases of the program, while the government has its greatest leverage at the negotiation table. A critical leveraging technique is to ensure that the source selection includes factors that assess whether and how IP restrictions impact sus- tainment and the potential vendor’s approach to mitigate such impacts. With such forward thinking, the de- partment can develop integrated IP Strategies (as part of the Acquisition Strategy) and an IP Management Plan (as part of the Life Cycle Sustainment Plan) that serve as a roadmap for flex - ible life-cycle sustainment activities. It is important to perform this long-term planning early in the pro- gram life cycle, during the more com-
petitive phases (e.g., before selecting the prime contractor). Be aware, how- ever, that doing so early also presents challenges, such as lack of technical details regarding the system design, which frequently reduces insight into the specific vendors or their preferred IP licensing models. In the face of such uncertainty, government officials must resist the urge to “wait and see” or else defer their planning for the necessary IP deliverables and rights. For example, where there is an information gap, it should be filled with projections based on historical data for similar systems. Information from milestone and sustainment reviews, enterprise resource planning tools, and con- tractor performance can be used to inform IP decisions early in the ac- quisition life cycle to enable endur- ing and affordable readiness. Similarly, there is uncertainty whether potential vendor IP restric- tions on some system components may inappropriately restrict competi- tive or organic support for otherwise nonrestricted components. Consider using the Modular Open Systems Ap- proach (MOSA) to inform risk, oppor- tunity analyses, and promote early collaboration between industry and government to mitigate IP problems. This can align business and tech- nical goals that achieve and protect public and private return on invest- ment. This approach would allow the department to maintain operational effectiveness, respond to evolving threats, and incorporate technologi- cal innovations while managing costs more efficiently.
The need for this early negotiation implementation approach is even more evident with the advent and adoption of Advanced Manufacturing (AM) techniques, which use techno- logical advances such as automation, data networking, and 3D printing to offer unprecedented precision and speed in production. 3D printing, also known as Additive Manufactur- ing, represents a key segment of AM where items are built layer by layer from digital blueprints. This innova- tive technology holds immense prom- ise for military asset sustainment, facilitating swift on-site production of essential components—thereby slashing lead times and substantially reducing logistical burdens globally. Such operational agility enhances our capacity to maintain U.S., allied, and partner nations’ weapon systems closer to the action, broadening the strategic choices available to com- manders. Building flexibility into our product support strategies will trans- late into sustainment options for parts and supplies, including AM at lower echelon field activities, that can help distribute capabilities into a resilient defense ecosystem and achieve de- terrence for our adversaries. Yet, unlocking AM’s full warfare potential critically depends on hav- ing adaptable and readily available IP rights. Particularly in contested logistics environments, sharing and safeguarding the IP embedded within weapons systems presents unique challenges, whether developed by the government, the private sector, or both. To achieve weapon system
24 DEFENSE ACQUISITION MAGAZINE | MARCH – APRIL 2026
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