Attachment 08__Data Rights (1).pdf

Attachment 8. Intellectual Property/Data Rights.

(1) This contract will include possible patents and data rights concerns. Therefore, typically the U.S. Government (Government or USG) will pursue, at a minimum, Government purpose rights (GPR) (as defined in DFARS 252.227-7013(a)(13) and DFARS 252.227-7014(a)(12)) for deliverable data.

(2) Thus, as is appropriate, the prime offeror will provide a detailed discussion of the degree to which asserted data rights restrictions, as well as any proposed option(s) for additional data rights, will affect the proposed technical solutions and the USG’s ability to use, modify, reproduce, release, perform, display, or disclose the resulting technical data and computer software for Government purposes (as defined in DFARS 252.227- 7013(a)(12) and DFARS 252.227-7014(a)(11)).

(3) As a result, the following FAR and DFARS clauses will be incorporated into the contract in order to protect USG interests:

(a) DFARS 252.227-7013 to protect the Government’s interests in delivered non-commercial products and services;

(b) DFARS 252.227-7014 to protect the Government’s interests in delivered noncommercial software and associated documentation;

(c) DFARS 252.246-7001 to protect the Government’s interests in delivered data; and

(d) FAR 52.227-11 / DFARS 252.227-7039 (small business and nonprofit) [or 252.227- 7038 (large business] to protect the Government’s interests in subject inventions made during performance of work under the contract.

(4) All contractor generated data will be provided as a product to the Government with the expectation that such will be entirely the property of the Government both during development and as a final finished product. The contractor shall include costs for data development within the proposed cost, and the Government will utilize the provided product data as necessary and appropriate for the requirement. Expected data delivery will include manuals, instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract. Data gathered from this acquisition will allow more competition since future acquisitions are anticipated. Disposition requirements/ disclosure/dissemination information is contained on the specific CDRLs called out for delivery under this contract.

(5) The contractor will be required to identify and assert any restrictions or limitations on the Government’s use, release, or disclosure of technical data or computer software pertaining to the requirements of the performance statement. The Government will expect at least GPR for all deliverables, with the exception of commercial-software deliveries. To enable software modifications and improvements, software source code, as well as notations are desired where applicable, the Government will seek at least GPR (but the contractor may propose Specifically Negotiated License Rights or other licensing, so long as that data rights scheme enables reasonably priced organic or competitively-awarded acquisition and sustainment).