Atch 2_FT3 Production and Sustainment GRID_12 Oct 21.docx

Government Rights in Data (GRID) Solicitation Number: FA2814-21S-FT3PE 12 October 2021

Flight Test, Telemetry, and Termination (FT3): Production and Sustainment Government Rights in Data (GRID)

1. Introduction

(a) Purpose of this Attachment

The purpose of this Attachment on Government Rights in Data (GRID) is to identify specifically the rights the Government will acquire to all FT3 Production and Sustainment efforts to include production data, computer software and computer software documentation delivered or otherwise provided to the Government during performance of this contract. Section 2 defines the scope and applicability of the provisions of this Attachment; Section 3 contains definitions; Section 4 identifies the rights the U.S. Government will acquire regarding classes of technical data, software, and software documentation as provided for in the Defense Federal Acquisition Regulation Supplement (DFARS) and additionally as provided for by the Contractor. Appendix A lists Commercial Software Licenses which contains the complete text of commercial licenses for each product identified in Section 4 (if applicable). Appendix B contains a list of Technical Data Previously Delivered to the Government in accordance with DFARS Clause 252.227-7028. Appendix C includes a table from DFARS Clause 252.227-7017(d) Identification and Assertion of Use, Release, or Disclosure Restrictions.

(b) Minimum Required Rights

(1) The purpose of this contract is to produce flight test kit replenishment spares and sustain FT3 systems necessary to support the AFGSC Force Development Evaluation Operational Test Launch (OTL) mission. The OTLs are critical to validating the continued accuracy and reliability of the MMIII Intercontinental Ballistic Missile (ICBM) Weapon System, and providing data to ensure a safe, secure, and effective nuclear deterrent. It is necessary to produce flight test kit replenishment spares and sustain FT3 systems to support MMIII OTL Program through 2035 or until the AFGSC establishes a termination date for MMIII OTLs. Continued production and sustainment is mandated by Federal law (10 U.S.C. 2281, 42 U.S.C. 14712). Accordingly, the Government has determined the following are the minimum rights:

(i) Unlimited Rights to all noncommercial technical data listed in Table 1. where the phrase “Unlimited” is stated in column 4 of the row associated with that item of technical data;

(ii) Government Purpose Rights to all remaining noncommercial technical data and computer software listed in Table 1. where the phrase “Contractor to Complete” is stated in column 3 of the row associated with that item of technical data or computer software and contract clauses H001, H002, H003, H004 and H005 of the proposed contract;

(iii) With respect to all commercial item technical data and computer software licenses listed in Table 2.1., licenses that comply with paragraph 4(b) and contract clauses H001, H002, H003, H004 and H005 of the proposed contract;

(iv) With respect to all public domain or open source software (PD/OSS) computer software licenses listed in Table 2.2., licenses that comply with paragraph 4(b) and contract clauses H001, H002, H003, H004 and H005 of the proposed contract;

(v) Special License Rights to data other than technical data (e.g., schedule/milestone data, financial data) delivered to the Government described in contract clauses H001, H002, H003, H004 and H005 of the proposed contract and paragraph 4(c).

(2) Special License Rights to review all data used by the Contractor to create any Contract Data Requirement List (CDRL) or contract line item number (CLIN) delivered under this contract to verify the currency, accuracy, and completeness of the data contained in those CDRLs/CLINs described in contract clauses H001, H002, H003, H004 and H005 of the proposed contract and paragraph 4(d). With respect to paragraph 1 (b) (1) (ii), the Government made the determination that various CDRLs listed in the GRID must be delivered with, at minimum, Government Purpose Rights to meet the Government’s minimum needs consistent with the Acquisition Strategy.

(3) With respect to paragraph 1(b) (1), the Government made the determination that various CDRLs listed in the GRID must be delivered with Unlimited Rights after reviewing the tailored Data Item Descriptions (DID) referenced in those CDRLs consistent with the statutorily-defined categories in 10 U.S.C. 2320(a)(2)(F)(i)(I).

(4) All work required to produce the CDRLs and delivered software under this contract is entirely Government funded. As such, the Government will be reimbursing the Contractor its allocable, allowable, and reasonable costs of performing the work to satisfy the requirements of this request for proposal (RFP). Where there are valid reasons why the Contractor must develop entirely at private expense or provide previously developed technical data or computer software under this contract the contractor may not be required, either as a condition of being responsive to this RFP or as a condition for award, to sell or otherwise relinquish to the Government any proprietary right in technical data or computer software developed at private expense, except for the items identified at DFARS 227.7103-5(a)(2) and (a)(4) through (a)(9), DFARS 227.7203-5(a)(3) through (6) and DFARS 227.7102-1.

2. Applicability

The terms of this Attachment, contract clauses H001, H002, H003, H004, and H005 shall apply to all subcontractor produced data in support of this contract whether the data is delivered as a prime work product or delivered directly by the subcontractor to the Government.

3. Definitions & Acronym Reference

“Data” includes technical data, computer software and computer software documentation (as those terms are defined in this subsection), schedule and milestone data, and financial data (including the contractor’s cost/schedule management system/records and accounting system).

“Commercial item” is defined in FAR 2.101.

“Computer software” is defined in DFARS 252.227-7014(a)(4).

“Computer software documentation” is defined in DFARS 252.227-7014(a)(5).

“Firmware” is defined as “the combination of a hardware device and computer instructions and/or computer data that reside as read-only software on the hardware device.”

“Licensee” is defined as the Guidance SSC contractor.

“Licensor” is defined as the owner of the data rights for the commercial item technical data, computer software, or computer software documentation.

“PD/OSS” is defined as public domain or open source software.

“Supporting Technical Data” means data used as the basis for developing the technical data delivered under this contract.

“Technical data” is defined in DFARS 252.227-7013(a)(14) and includes but is not limited to recorded information related to experimental, developmental, or engineering work that can be used to define an engineering or manufacturing process or to design, procure, produce, support, maintain, operate, repair, or overhaul material. Technical data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents, or computer printouts. Examples of technical data include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, meeting minutes, catalog item identifications, and related information and computer software documentation.

4. Types, Assertions, and Prices of Rights

This section is organized as follows:

· Subsection (a) and Table 1. identifies the rights the Government will acquire for all noncommercial technical data, computer software and computer software documentation delivered, made accessible, or otherwise provided to the Government under this contract.

· Subsection (b) and Tables 2.1. and 2.2. identifies the rights the Government will acquire for all commercial item technical data, computer software and computer software documentation delivered, made accessible, or otherwise provided to the Government under this contract.

· Subsection (c) and Table 3. identifies the rights the Government will acquire for all data that is not technical data or computer software delivered, made accessible, or otherwise provided to the Government under this contract.

· Subsection (d) and Table 4. identifies the rights the Government will acquire for listed data used by the contractor to create any CDRL listed in Tables 1., 2.1., 2.2., and 3.

(a) Rights in noncommercial technical data, computer software and computer software documentation

The Government shall have the rights in noncommercial technical data, computer software and computer software documentation as described in Table 1. below.

Table 1. Rights in Noncommercial Technical Data, Computer Software, and Computer Software Documentation

Notes to Table 1.

1. For column 5, the priced rights to the noncommercial technical data, computer software, or computer software shall

a. Be allocated by the CDRL item and CLIN shown in Columns 1, 2, and 3

b. Include all direct costs, indirect costs, and profit/fee for converting the data or computer software into the prescribed form for reproduction and delivery.

c. Include all incorporated commercial or Public Domain (PD)/Open Source Software (OSS) technical data, computer software and computer software documentation (including firmware).

d. Include the cost of changes (e.g., updates software maintenance patches, version changes, new releases, substitutions) throughout the period of performance or option exercise period, whichever is later.

2. In columns 4 and 5, the acronym “NAFP“ (not available for purchase) shall indicate that the Government is not entitled to purchase the technical data/computer software rights for itself associated with that CDRL. A $0 entry in column 5 indicates that the rights associated with that CDRL are available to the Government at no additional cost.

3. Column 6 shall contain references in Tables 2.1. and 2.2. to all such commercial or PD/OSS technical data, computer software, and computer software documentation.

4. The Government shall acquire the same level of rights to the contents of all items listed in CDRL A129 as it will to the list itself.

(b) Rights in commercial and PD/OSS technical data, computer software and computer software documentation

The Government shall have the rights in commercial technical data, computer software and computer software documentation as described in Appendix A for the components listed in Table 2.1. and Table 2.2. below.

Table 2.1. Commercial Technical Data and Commercial Software Products

Table 2.2. Public Domain/Open Source Software (PD/OSS)

Notes to Tables 2.1. and 2.2.

1. Column 1 shall include the following information

a. base product name and

b. version number;

c. license name (if different than the base product name)

d. license version (if different than the version number)

2. Column 2 of, shall list the following information

a. For Table 2.1.

i. Developer name

ii. Purchasing source name (if different than the developer name)

iii. An indication of whether either the source or developer is a non-U.S. entity

b. For Table 2.2.

i. Developer name

ii. An indication of whether the developer is a non-U.S. entity

iii. If priced support from a separate organization is included, the name of the supporting organization

3. Column 3 shall provide a reference to the license text in Appendix A.

4. Column 4 shall identify the CDRL number, title, and subtitle with which that component is associated and is priced. If not consistent with Table 1., Column 6, an accompanying note shall accompany the table explaining the inconsistency. If multiple CDRL items are associated with the item in Table 2.1. or Table 2.2., the table entry shall include all CDRL items in that cell. If not associated with any CDRL items, the entry shall be shown as “N/A” and an accompanying note shall provide an explanation.

5. Column 5 shall identify the CLIN with which that component is associated and is priced. If not consistent with Table 1., Column 6, an accompanying note shall accompany the table explaining the inconsistency. If multiple CLINs are associated with the item in Table 2.1. or Table 2.2., a separate table entry shall be made for each CLIN. If not associated with any CLINs, the entry shall be shown as “N/A” and an accompanying note shall provide an explanation.

6. Column 6 shall list all architectural elements in the System Architecture Document (SAD) where the product is incorporated by the SAD identification or section number. If the item is incorporated into multiple SAD components, identify each component. If unknown or not applicable (e.g., in the case of a compiler or software development tool), a table entry shall so indicate, and an accompanying note shall provide an explanation.

7. Column 7 shall show the quantity of licenses required to completely meet the requirements of the associated CLIN.

8. In column 8, the license price shall

a. Include the proposed license price for the number quantities given in Column 7

b. Be the amount allocated by the CDRL items and CLIN shown in Columns 1 and 2

9. If the contemplated use of a PD/OSS product requires the purchase of a commercial license (e.g., nonacademic use), the item shall be listed in Table 2.1. No such item shall be listed as a PD/OSS (Table 2.2.) product.

(c) Special License Rights Category A (“SLRC-A”): Rights in data other than technical data, computer software or computer software documentation.

The Government shall have the right to use, modify, perform, display, or disclose all such data listed in Table 3. below, in whole or in part, within the Government and by all persons identified in clause H003 (Enabling Clause) (including their subcontractors) for the exclusive purpose of providing technical assistance and support on this contract. The Government shall have the right to unilaterally add or delete contractors (and contracts), from the list in clause H003 at any time without equitable adjustment or a modification of any other terms and conditions of this contract.

Table 3. Rights in Data Other Than Technical Data, Computer Software or Computer Software Documentation

Notes In column 3, the license price shall include direct cost, indirect costs, and profit/fee. The acronym “NAFP“ (not available for purchase) shall indicate that the Government is not entitled to purchase the technical data/computer software rights for itself associated with that CDRL. A $0 entry indicates that the rights associated with that CDRL are available to the Government at no additional cost.

(d) Special License Rights Category B (“SLRC-B”): Supporting Technical Data

The Government and the persons listed in clause H0003 (Enabling Clause) (including their subcontractors) shall have the right to review all data used by the contractor to create any CDRL or CLIN listed in Tables 1.-3. required to be delivered under this contract (including, if necessary, at the contractor’s and subcontractors’ facilities) to verify the currency, accuracy and completeness of the data contained in those CDRLs/CLINs. The Government shall have the right to unilaterally add or delete contractors (and contracts) from the list in clause H0003 at any time without equitable adjustment or a modification of any other terms and conditions of this contract There shall be no additional cost for SLRC-B data except for the items listed in Table 4. below:

Table 4. Rights in Data for Supporting Technical Data

Notes

1. For column 5, the priced rights to the noncommercial technical data, computer software, or computer software shall

a. Be allocated by the CDRL item and CLIN shown in Columns 1, 2, and 3

b. Include all direct costs, indirect costs, and profit/fee.

2. In column 5, the acronym “NAFP” (not available for purchase) shall indicate that the Government is not entitled to purchase the technical data/computer software rights for itself associated with that CDRL.

Appendix A, Commercial Software Licenses

Appendix B, Technical Data Previously Delivered to the Government

Reference: Section K – Representations, Certifications, and other Statements of Offerors or Respondents, Data Rights.

Appendix C, “Technical Data or Computer Software to be Furnished with Restrictions,”

In accordance with DFARS 252.227-7013 and 252.227-7014 (non-commercial technical data and computer software/documentation), the contractor asserts for itself, or the owner identified below, that the Government’s rights to use, release, or disclose the following data is restricted (Government Purpose, Limited or Restricted, or Special License Rights). Table 5. (below) represents section (d) of DFARS clause 252.227-7017 and is inseparable from that clause, and as completed by the Contractor, is part of the agreement of the parties.

Note: This table is modified from the FAR version to include the additional “CLIN” column (column 2).

Table 5. DFARS Clause 252.227-7017 Fill-In:

To be completed by Contractor

Signature

Signature

(End of identification and assertion)