ACC-APG Team APG APBI - Day 3 Morning.pdf

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This document is a series of slides from an Advance Planning Briefing to Industry (APBI) event hosted by the Army Contracting Command - Aberdeen Proving Ground (ACC-APG). The slides discuss various contractual and intellectual property considerations for future federal contracting opportunities, including:

  • Separately priced contract line items (CLINs) for licenses, long-term contracts, data rights strategies, technical data packages, and contractor-proposed organic sustainment plans to enable competitive pricing and government control over long-term sustainment.
  • The use of public-private partnerships, phased intellectual property conveyance, and data escrow accounts to manage contractor-owned intellectual property and ensure the government has necessary data rights.
  • Evaluation factors that will consider proposed sustainment elements to help drive down long-term sustainment costs.

The APBI event is scheduled for April 23-25, 2024 at Aberdeen Proving Ground, Maryland and will cover potential contracting opportunities across various mission areas including C5ISR, R&D, and test and evaluation. The event will be held in a hybrid format with both in-person and virtual attendance options.

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Version 1 As of: 17 Apr 2024

ACC-APG Intellectual Property Michael Gomes Katie Thompson

Advance Planning Briefing to Industry 25 April 2024

Controlled by: ACC-APG G3 POC : John Thompson

CUI

CUI

Total Lifecycle Considerations for Contracting

Licenses

• Separately priced CLINs, evaluation factor, long-term contract, pooling, surge, range pricing based on usage/vendor price points

Public-Private Partnership (P3)

• Arrangement between SEC or TYAD and industry or PEOs to perform support

Phased IP Conveyance

• After set period of time (phases) or a specified investment threshold, specified parts/software transfer to Government with greater rights

Data Escrow Account

• An account, controlled by a third party, for holding data (i.e. source code, tech drawings) for disbursement under special conditions like going out of business

Warranties

• Written guarantee, issued to the government, promising to fix software within a specified period of time 1, 5, 10 years

Purchase Data Rights

• Data rights strategy where documentation and rights are obtained sufficient to support competition or organic sustainment(limited is an option)

Contractor Proposed Organic Sustainment Implementation Plan

• Contractor proposed plan and associated data rights to be able to perform sustainment s organically that is evaluated with award

Technical Data Package (TDP)

• A description of an item adequate for supporting an acquisition, production, engineering, and logistics support (e.g. Engineering Data for

Provisioning, Training, and Technical Manuals)

Long Term Contracts

• Contract duration of 10 years providing for competitive pricing up to 15 years

Evaluation Factor

• Leverage competition to drive down sustainment costs by evaluating proposed sustainment elements

Restricted/ Limited Rights

Government Purpose Rights

Unlimited Rights

Contract Award

$100M Government Spend

$600M Government Spend

Phased Intellectual Property Conveyance

Technical Data Escrow

Our goal is to clearly define the government need in terms of IP data and rights

• Minimum the government needs for sustainment

Your engagement helps us define the extent of IP the government truly needs

• Participation at Industry Days

• One-on-Ones with Requiring Activity/Contracting

• Responses to RFIs and draft RFPs

We Need Industry Engagement!

Q&A Q u e s t i o n s ? C o n t a c t us!

E: michael.m.gomes.civ@army.mil E: katherine.c.thompson4.civ@army.mil

CUI

CUI

mailto:michael.m.gomes.civ@army.mil mailto:katherine.c.thompson4.civ@army.mil

ACC-APG Intellectual Property
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