SMR4 Attachment J-18 - Disclosure of Data-Assertion and Identification (Assertions List).pdf
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- Solicitation number
- 693KA7-23-R-00002
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This document is an Assertions List identifying the technical data, software, and documentation that the offeror and subcontractors will deliver under the Surface Movement Radar, Model 4 (SMR4) contract. It outlines the terms and procedural requirements for asserting data rights, including the basis for assertion, asserted rights category, and identifying the organization asserting the restrictions. The related federal contract opportunity is for the procurement of SMR4 hardware and software to replace the existing ASDE-3 Surface Movement Radars at up to 34 locations. The RFI seeks cost/price information for developing and testing the SMR4 interface, removing and disposing of the ASDE-3 SMR, and installing a tower cover with an antenna mount. The RFI response deadline is November 21, 2022. This document does not contain the full Statement of Work or other procurement details, but rather focuses on the data rights assertions for the deliverables under the contract.
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SIR 693KA7-25-R-00001
Surface Movement Radar, Model 4 (SMR4)
Section J, Attachment J-18
DISCLOSURE OF DATA - ASSERTION AND IDENTIFICATION (“ASSERTIONS LIST”)
This DISCLOSURE OF DATA – ASSERTION and IDENTIFICATION (hereafter referred to as “Assertions List”) shall identify all “Data”, as defined in AMS 3.5-13 Rights in Data – General (October 2014), that the Prime Contractor (the Offeror) and all its Subcontractors developed or will generate in the performance of the contract or any subcontract at any tier issued under the subject solicitation (See SIR Section H).
The Assertions List represents an early Offeror identification of both the commercial and noncommercial data to be delivered to the Government under the contract, and it is a critical attachment to an Offer. The Assertions List will comprise all data asserted rights defined in Terms and Procedural Requirements below. The Offeror must assert rights and the level of assertion prior to contract award.
Post-award update can only be made for new or inadvertent omissions not affecting the source selection, or as required by the contract.
Terms and Procedural Requirements
1. Basis for Assertion/ Funding Test – Basis for assertion is based on the Funding Test. The basis for assertion is whether the development is made at private expense, either ‘exclusively’ or ‘partially’. Indicate whether development was accomplished ‘exclusively’ or ‘partially’ at private expense, ‘exclusively’ with mixed funds, or ‘exclusively’ with Government funds. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government’s rights in computer software documentation is not to be restricted. For computer software, development refers to the software.
2. Asserted Rights Category - Enter the code for the asserted rights category:
• UR - Unlimited Rights (in technical data, computer software, and computer software documentation — other than commercial products and commercial services).
• UR(C) - Unrestricted Rights (in technical data pertaining to commercial products and commercial services).
• GPR - Government Purpose Rights (in technical data, computer software, and computer software documentation—other than commercial products and commercial services).
GPR definition is included as part of SIR Section H.
• LR - Limited Rights (in technical data pertaining to other than commercial products and commercial services).
• RR - Restricted Rights (in computer software pertaining to other than commercial products and commercial services). This Government’s Rights code may only be used with the written permission of the FAA Contracting Officer.
• OURCLR - Other than Unrestricted Rights to technical data pertaining to commercial products and commercial services.
SIR 693KA7-25-R-00001
Surface Movement Radar, Model 4 (SMR4)
Section J, Attachment J-18
• CSLR - Commercial Software License Rights for commercial computer software and commercial computer software documentation.
• OTHER - The Government’s Rights are not reasonably characterized by any other
Government’s Rights code. This Government’s Rights code may only be used with the written permission of the FAA Contracting Officer.
3. Name of Organization Asserting Restrictions – Corporation or other person who has authority over the rights.
4. Government Agency and Contract Number – Customer and procurement vehicle under which the technical data and software was previously developed.
ATTACHMENT J-18 ASSERTIONS LIST
Offeror must use the terms and definitions in AMS 3.5-13 Rights in Data – General (October 2014).
Offeror may use Government Purpose Rights as described in Section H. The Offeror may add rows to the below table as needed.
Data (Technical Data, Software, and Documentation)
Basis for Assertion/ Funding Test
Asserted Rights Category
Government Agency and Contract Number
Name of Organization Asserting Restrictions
CERTIFICATION SIGNATURE
DATE ______________________________
PRINTED NAME AND TITLE ______________________________
Responsible officer of the Offeror’s company and their Corporate Title
SIGNATURE ______________________________
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