QA_8-8-2019_RFI.pdf

Questions & Answers – Navy Ballast Water Treatment System (BWTS)

19-SBO-002

Question 1: What are the data rights requirements for proprietary and trade secret data?

Data rights are governed by the contractual terms of the agreement between the Government and the Contractor(s). The Contractor(s) are not required to grant Government purpose rights or unlimited rights for commercial BWTS data (technical data and computer software) that are considered proprietary and trade secret.

Contractors retain copyright ownership of the noncommercial technical data and noncommercial computer software that they develop and deliver under DoD contracts. The Government will acquire Government purpose rights license for noncommercial technical data developed or delivered under the contract for the Navy BWTS.

Question 2: Will the BWTS be subject to International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), especially if the manufacturer is foreign?

The Government recognizes that country of origin for the BWTS varies and the Contractor(s) are responsible for ensuring that any data exchange between U.S. and foreign entities (subcontractors) are in compliance with applicable ITAR and EAR requirements. The Contractor(s) shall be solely responsible for obtaining any State Department approvals, licenses, Technical Assistance Agreements (TAA), etc. as required by ITAR and EAR. The Contractor(s) should consult their export control manager and cognizant Government regulatory agencies for further clarification.

The Department of Commerce, Bureau of Industry and Security has jurisdiction over EAR. For assistance with export, please contact the Exporter Counseling Line at 202-482-4811. The Department of State has jurisdiction over ITAR. General questions should be addressed to the Directorate of Defense Trade Controls (DDTC) Response Team at 202-663-1282 or by email at DDTCResponseTeam@state.gov.