Attach-4_IP and Data.Rights.Assertions_ FINAL.docx

ATTACHMENT 3: W900KK-22-R-0012

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

INSTRUCTIONS: INTELLECTUAL PROPERTY / DATA RIGHTS ASSERTIONS

The Intellectual Property /Data Rights Assertions submission must be completed as specified below as part of the white paper and proposal submission. Do not delete any portion of the submisison document.

All pages shall be formatted for printing on 8-1/2 by 11-inch paper with 1-inch margins and font size not smaller than 11 point. Font sizes not smaller than 8 point may be used for figures, tables, and charts.

The submission document must submitted in .pdf, .odx, .doc, or .docx formats. Submissions must be written in English. No page limit has been specified for this document.

Remove these instructions prior to saving and sending the document.

Guidance for use in completing the document:

Offerors should note that the Government does not own the intellectual property or technical data/computer software developed under Government contracts. The Government acquires the right to use the technical data/computer software. Regardless of the scope of the Government’s rights, awardees may freely use their same data/software for their own commercial purposes (unless restricted by U.S. export control laws or security classification). Therefore, technical data and computer software developed under this solicitation will remain the property of the awardees, though the Government will have, at a minimum, Government Purpose Rights (GPR) to technical data and computer software developed through TRMC sponsorship. With regard to “data-base” type data, and populated data within a given database, the contractor shall not gain any rights or privleges for the use of specific data contained in the database, but shall retain rights to the database architecture alone.

If offerors desire to use proprietary computer software or technical data or both as the basis of their proposed approach, in whole or in part, they should: (1) clearly identify such software/data and its proposed particular use(s); (2) explain how the Government will be able to reach its program goals (including transition) within the proprietary model offered; and (3) provide possible nonproprietary alternatives in any area that might present transition difficulties or increased risk or cost to the Government under the proposed proprietary solution. Offerors expecting to use, but not to deliver, commercial open source tools or other materials in implementing their approach may be required to indemnify the Government against legal liability arising from such use.

All references to "Unlimited Rights" or "Government Purpose Rights" represent the definitions of those terms as set forth in the Defense Federal Acquisition Regulation Supplement (DFARS) 227.

Intellectual Property Representations All offerors must provide a good faith representation of either ownership or possession of appropriate licensing rights to all other intellectual property to be used for the proposed project. Offerors must provide a short summary for each item asserted with less than unlimited rights that describes the nature of the restriction and the intended use of the intellectual property in the conduct of the proposed research.

Procurement Contracts

a. Noncommercial Items (Technical Data and Computer Software) Offerors requesting a procurement contract must list all noncommercial technical data and computer software that it plans to generate, develop, and/or deliver, in which the Government will acquire less than unlimited rights and to assert specific restrictions on those deliverables. In the event a offeror does not submit the list, the Government will assume that it has unlimited rights to all noncommercial technical data and computer software generated, developed, and/or delivered, unless it is substantiated that development of the noncommercial technical data and computer software occurred with mixed funding. If mixed funding is anticipated in the development of noncommercial technical data and computer software generated, developed, and/or delivered, offerors should identify the data and software in question as subject to GPR. In accordance with DFARS 252.227-7013, “Rights in Technical Data - Noncommercial Items,” and DFARS 252.227-7014, “Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation,” the Government will automatically assume that any such GPR restriction is limited to a period of 5 years, at which time the Government will acquire unlimited rights unless the parties agree otherwise. The Government may use the list during the evaluation process to evaluate the impact of any identified restrictions and may request additional information from the offeror, as may be necessary, to evaluate the offeror’s assertions. Failure to provide full information may result in a determination that the proposal is non-conforming.

b. Commercial Items (Technical Data and Computer Software) Offerors requesting a procurement contract must list all commercial technical data and commercial computer software that may be included in any noncommercial deliverables contemplated under the research project and assert any applicable restrictions on the Government’s use of such commercial technical data and/or computer software. Futher, all Offeror’s submitting packages that would necessitate execution of commercial software agreements must include the full text of the license agreement as an attachment to their proposal.

In the event a offeror does not submit the list, the Government will assume there are no restrictions on the Government’s use of such commercial items. The Government may use the list during the evaluation process to evaluate the impact of any identified restrictions and may request additional information from the offeror to evaluate the offeror’s assertions. Failure to provide full information may result in a determination that the proposal is non-conforming.

c. Other Types of Awards Offerors requesting an award instrument other than a procurement contract shall follow the applicable rules and regulations governing those award instruments, but in all cases should appropriately identify any potential restrictions on the Government’s use of any intellectual property contemplated under those award instruments. This includes both noncommercial items and commercial items. The Government may use the list as part of the evaluation process to assess the impact of any identified restrictions and may request additional information from the offeror, to evaluate the offeror’s assertions. Failure to provide full information may result in a determination that the proposal is non-conforming.

END OF INSTRUCTIONS

ATTACHMENT 3: W900KK-22-R-0012

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

TRMC T&E/S&T BAA Attachment 3 Instructions: 1

INTELLECTUAL PROPERTY / DATA RIGHTS ASSERTIONS

In accordance with Enclosure 5: Admininstrative and National Policy Requirements and instructions to this document, provide the following information, as applicable. Note: the Government will be entitled to unlimited rights to all IP not explicitly identified as restricted in the proposal.

Are you asserting any Intellectual Property (IP) restrictions on any technical data or computer software that will be delivered to the Government?

☐ No ☐ Yes [If yes, list all proprietary claims to results, prototypes, deliverables or systems supporting and/or necessary for the use of the proposed research, results, prototypes and/or deliverables. Provide a short summary for each item asserted with less than unlimited rights that describes the nature of the restriction and the intended use of the intellectual property in the conduct of the proposed research. Use the following format for these lists.] Responses submitted to this solicitation shall identify, to the extent known at the time a response is submitted to the Government, the technical data or computer software that the offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure. The offeror’s assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the offeror:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software. The offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted.

NONCOMMERCIAL

(List)*****

*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation, identify the software or documentation.

**Generally, development at private expense, either exclusively or partially, is the only 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 generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

****Corporation, individual, or other person, as appropriate.

*****Enter “none” when all data or software will be submitted without restrictions.

Offerors shall identify all commercial technical data, and commercial computer software that may be embedded in any noncommercial deliverable technical data and/or computer software contemplated under the research effort on the list. The Government may use the list during the evaluation process to evaluate the impact of any identified commercial data/software restrictions, and may request additional information from the offeror, as may be necessary, to evaluate the offeror’s assertions. If no deliverable commercial technical data/software is intended, then the offeror should state “NONE” on the list.

COMMERCIAL

Asserted Rights Category

Name of Person Asserting Restrictions

Date___________________________________

Printed Name and Title__________________________________________________________

Signature_____________________________________________________________________ (End of identification and assertion) Note: An offeror’s failure to submit, complete, or sign the notification and identification required with its offer may render the offer ineligible for award. If the offeror is awarded a contract, the assertions identified will be listed in an attachment to that contract. Upon request by the Contracting Officer, the offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

TRMC T&E/S&T BAA Attachment 3: page 6