Attachment 08 - Rights in Data.pdf

SECTION J – ATTACHMENT 8

Rights in Data

Rights in Data

(Including Technical Data, Computer Software, and Computer Software Documentation)

HYBRID ARCHITECTURE AND DEVELOPMENT FOR

EXPERIMENTAL SYSTEMS (HADES) PROGRAM

Space Systems Command (SSC) Innovation and Prototyping Delta (SD)

Prototype Ground Development and Sustainment Branch (SDG) Kirtland AFB, New Mexico

SECTION J - ATTACHMENT 8

Solicitation FA8809-26-R-B002

1.0 Introduction

The purpose of this attachment is to identify the rights the U.S. Government will acquire to all Engineering, Development, Integration and Sustainment technical data, computer software, and computer software documentation delivered or otherwise provided to the Government during performance of this contract. Subsection 3.1 identifies the rights the U.S.

Government will acquire to all such noncommercial: items, technical data, computer software, and computer software documentation. Subsection 3.2 identifies the rights the U.S.

Government will acquire to all such commercial: items, technical data, computer software, and computer software documentation.

2.0 Definitions

(a) Data includes technical data, computer software and computer software documentation, cost/financial/schedule data (including the Contractor’s cost/schedule management system/records and accounting system), irrespective of whether that data is required to be delivered.

(b) The Definition of terms used in this attachment can be found in clause R-DFARS 252.227-7989(a) Definitions.

3.0 Types of Rights

3.1 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 described in Table 1(a) and Table 1(b) below. All technical data, computer software and computer software documentation delivered or otherwise provided to the Government during performance of this contract under any CDRL or CLIN is classified as noncommercial technical data, computer software, or computer software documentation unless expressly identified as commercial technical data, computer software, or computer software documentation in Table 2 below.

(a) The Offeror shall assert their rights to the data in Table 1(a), Column 4, if different from the Government Minimum Asserted Rights Category. The contractor may assert less than the Government Asserted Minimum Rights if their approach to executing the requirements precludes them from providing this level of data rights. In this event, the Offeror shall include the cost associated with providing the Government Asserted Minimum Rights for this data in Column 5 of Table 1(a). This cost in Column 5 shall include all costs necessary to make the data available as, to include changes in technical approach. The Offeror shall total all values in Column 5 in the Data Rights Total at the bottom of Table 1(a).

3.1.1 Rights in Data (Including Technical Data, Computer Software and Computer Software Documentation). The Government has determined its minimum needs for this acquisition include:

(a) Unlimited Rights to all noncommercial technical data, computer software, and computer software documentation listed in Table 1(a) stated in column three of the row associated with that item of technical data in column 1;

(b) Government Purpose Rights to all remaining noncommercial technical data, computersoftware, and computer software documentation listed in Table 1(a) where the phrase technical data or computer software in column 1;

(c) With respect to all commercial technical data, computer software, and computer software documentation listed in Table 2, licenses that comply with Section J Attachment 8 paragraphs 3.2;

(d) Special License Rights to data other than technical data (e.g., schedule/milestone data, financial data) delivered to the Government described in Section J Attachment 8 paragraphs 3.3; and

(e) Special License Rights to review all data used by the Contractor to create any CDRLor CLIN delivered under this contract to verify the currency, accuracy and completeness of the data contained in those CDRLs/CLINs described in Section J Attachment 8 paragraphs 3.4.

3.1.1.1 With respect to paragraph 3.1.1(a) above, the Government made the determination that various CDRLs listed in Section J must be delivered with Unlimited Rights after reviewing the tailored Data item Descriptions referenced in those CRDLs consistent with the statutorily-defined categories in 10 U.S.C. § 2320(a)(2). With respect to paragraph (b) above, the Government made the determination that various CDRLs listed in Section J must be delivered with at minimum Government Purpose Rights to allow the Government to control the Technical Baseline consistent with the HADES Acquisition Strategy.

3.1.1.2 Where there are valid reasons why an Offeror must develop entirely at private expense or provide previosly developed technical data or computer software under this contract the Offeror may not be required, “either as a condition of being responsive to a solicitation or as a condition for award, to sell or otherwise relinquish to the Government any rights in computer software developed at private expense or technical data related to items, components or processes developed at private expense except for the data or the software identified at 227.7103-5(a)(2), (4) through (9), and (12) through (15) (R-DFARS 227.7103-1(c)).

3.1.1.3 Instructions: The Offeror shall complete fill-ins under Section J Attachment 8 to the solicitation, in accordance with the following instructions, and submit as part of

Section J Attachment 8 to Volume III, which will become part of the contract upon contract award.

For Rights in Data, the Offeror shall:

(a) Complete the Section K provision entitled “Identification and assertion of Use, Release, or Disclosure Restrictions (DEVIATION 2026-O0036)” (R- DFARS 252.227-7992) inserting the phrase “See Attachment 8” and signing the certificate,

(b) Complete Table 1(a) in the following manner:

(i) With regard to items of technical data associated with cells in column three cell labelled as “Unlimited”, fill-in “Unlimited” in the corresponding cell of column four. However, if the Offeror is not willing to sell Unlimited Rights to an item labeled as such in column three, the Offeror shall assert the rights it is willing to sell in column four.

(ii) With regard to items of technical data or computer software associated with cells in column three labelled as “Government Purpose,” insert either “Government Purpose” or “Unlimited” in the corresponding cell of column four. However, if the Offeror is not willing to sell Government Purpose Rights to an item, the Offeror shall assert the rights it is willing to sell in column four.

(iii) Insert a price into each cell of column five for those items of data for which the Offeror’s asserted rights in column four are less than the Government Minimum Asserted Rights in column three. This price shall include all costs necessary, including changes in technical approach, to make the data available as specified in column three. The Government notes that it is entitled to Unlimited Rights in technical data and computer software associated with certain items delivered under this contract in certain situations, even where those items were not developed exclusively with Government funding (see R-DFARS 252.227-7989(c)(1)(ii, iv-ix, xi-xvii).

(c) Complete Table 2 in the following manner:

(i) In Column two of Table 2, leave the unit quantity provided by the

Government intact, unless the Offeror either cannot provide the requested number of unit licenses, or the Offeror believes the requisite number of user license exceeds the supplied number, and, in either situation, replace with “---” and provide explaination in your proposal concerning the number of unit licenses to be provided.

(ii) In column three, provide the vendor’s assigned license tracking number identifying the specific license for this data/software to be incorporated into the contract for configuration management during contract administration. For proposal purposes, this may remain blank; to be filled in upon contract award.

(iii) In column four, provide the estimated cost to obtain and provide the required license for the data/software item.

(d) Complete Table 3 in the following manner:

(i) With regard to items of other than technical data associated with cells in column three labled as “SLRC-A”, fill in, “SLRC-A” in the corresponding cell of column four if the Offeror is willing to sell SLRCA rights to the Government. However, if the Offeror is not willing to sell SLRC-A rights to an item labeled as such in column three, the Offeror shall assert the rights it is willing to sell in column four.

(ii) Insert a price into each cell in column five for those items of data for which column four are less than the Government Minimum Asserted Rights in column three. This price shall include all costs necessary, including changes in technical approach, to make the data available as specified in column three. If the Offeror is not willing to sell the rights described in Section J Attachment 8 Table 3 Column 2, the Offeror shall place the following character (“---“) in the corresponding cell in column five of Table 3 associated with that item to signify that the Offeror is not willing to sell such rights to the Government.

(iii) In subsection 3.4.1, replace the double-asterisk (**) with the direct cost for Special License Right Category B (SLRC-B).

(iv) The sum of the “Data Rights Totals” from Table 1(a) (Column 5) and Table 3 (Column 5) in Section J Attachment 9, Data Rights, shall be submitted and included in the Total Proposed Price (TPP) calculation in Appendix A.

Table 1(a)

Rights in Noncommercial Technical Data, Computer Software, and Computer Software Documentation

Column 1 Column 2 Column 3 Column 4 Column 5

CDRL

No. Data Item Title (Subtitle)

Government Minimum Asserted

Rights Category

Contractor Asserted Rights

Category Price

A001 Transition Phase In/Out Plan Government Purpose $0.00

A004 Contractor’s Risk Management Plan Unlimited $0.00

A005 Systems Safety Program Plan (SSPP) Unlimited $0.00

A007 Lifecycle Sustainment Plan Unlimited $0.00

A008 Physical Inventory Report Unlimited $0.00

A016 System Engineering Management Plan

Unlimited $0.00

A017 Configuration Management Plan (CMP) Unlimited $0.00

A018 Operational Concept Description (OCD) Unlimited $0.00

A019 System/Subsystem Design Description (SSDD) Unlimited $0.00

A020 Interface Requirements Specifications (IRS)

Unlimited $0.00

A021 System/Subsystem Specification Unlimited $0.00

A022 Data Accession List Unlimited $0.00

A023 Baseline Description Document

Unlimited $0.00

A024 Physical Configuration Audit (PCA)/Software Configuration Audit (SCA)

Unlimited $0.00

A025 Technical Report/Studies Unlimited $0.00

A026 Risk Management Framework (RMF) Packages

Unlimited $0.00

A027 Test Plan & Software Test Plan

(STP)

Unlimited $0.00

A028 Test/Inspection Report Unlimited $0.00

A029 Acceptance Test Report (ATR) Unlimited $0.00

A030 Engineering Review Board (ERB)/Configuration Control Board (CCB) Documentation

Unlimited $0.00

Table 1(b) Rights in Noncommercial Technical Data, Computer Software, and

Computer Software Documentation Column 1 Column 2 Column 3 Column 4

Computer Software to be Furnished with Restrictions

Basis for Assertion

Asserted Rights Category

Name of Party Asserting Restrictions

Horizon Software Database and Adaptors Partial Private Expense

Government Purpose

Lockheed Martin Corporation

Command Builder Government Expense

Unlimited SAIC

Mission Planning Software Government Expense

Unlimited SAIC

Mission Unique Software Government Expense

Unlimited SAIC

3.2 Rights in commercial technical data, computer software and computer software documentation. In addition to the rights the Government will obtain in commercial item technical data, computer software and computer software documentation listed in Table 2, the Government will acquire the following rights to that technical data and computer software notwithstanding any statements to the contrary in any of the licenses listed in Table 2:

A031 Tech Data Packages (TDP) and Engineering Change Proposal

(ECP)

Unlimited $0.00

A032 Design Review Information

(DRIP)

Unlimited $0.00

A033 Installation Control Drawings

(ICD)

Unlimited $0.00

A034 Interface Design Description

(IDD)

Unlimited $0.00

A035 Product Engineering Design Data and Associated Lists

Unlimited $0.00

A036 Government Furnished Material (GFM) by National Stock Number (NSN)

Unlimited $0.00

Data Rights Total $

(a) The Government shall have the right to use, perform, display or disclose that commercial item technical data, computer software and computer software documentation, in whole or in part, within the Government not to exceed the quantity specified in Column four of Table 2 for commercial item computer software.

(b) The Government may not, without the written permission of the Contractor, release or disclose the commercial item technical data and computer software outside the Government or use the commercial item technical data and computer software for manufacture, except that the Government shall have the right to use, modify, reproduce, release, perform, display or disclose that commercial item technical data, computer software, and computer software documentation to any covered government support contractor not to exceed the quantity specified in Column 4 of Table 2 for commercial item computer software.

(c) The duration of all such licenses shall be, at minimum, for the period of performance of this contract (including options, if exercised) unless the license specifies a longer period for the total quantity listed in Column 4 of Table 2 associated with the CDRLs/CLINs listed in Column 1 of that table.

The Contractor will be relieved of all responsibilities with respect to such licenses upon the end of the period of performance of this contract at which time the Government will assume responsibility for acquiring those licenses under existing or follow-on contracts.

(d) License rights related to technical data described in, and granted to the U.S.

Government under, R-DFARS 252.227-7990(b) shall apply to all such technical data associated with delivered computer software including, but not limited to, manuals, installation instructions, and operating instructions.

(e) All such commercial item technical data, computer software and computer software documentation may be installed and used at any U.S. Government installation worldwide at which HADES equipment is located.

(f) The Contractor shall not add, delete or replace any commercial item technical data, computer software, or computer software documentation listed in Table 2 from any CLIN or CDRL under which that technical data, computer software or computer software documentation will be delivered to the Government unless the Government has approved that addition, deletion or replacement and the contract has been modified to add, delete or replace that item from the table.

*Quanitity for proposal purposes. Final numbers wil be updated upon contract award.

Table 2 Rights in Commercial Technical Data, Computer Software and Software Documentation

Vendor Name: Technical Data Name Quantity Estimated Cost A.I. Solutions 5 $88,387 Amergint 64 $166,740

Ansys 1 $42,895

Atlassian 2 $18,795

BAE 3 $14,164

Brady 1 $283

Broadcom 16 $698,075

Cisco 14 $21,087

Commvault 4 $155,144

Compunetix 2 $73,198

Corel Corporation 2 $204

Dassault Systems 3 $5,277

Dell 131 $438,877

Fluke 1 $6,048

HPE 1 $15,000

Ivanti 9 $128,537

Mathworks 152 $144,866

Microchip 8 $14,726

Microsoft 10 $100,843

NVIDIA 1 $1,840

Omnissa 2 $38,574

Palantir 3 $516,696

Palo Alto 20 $314,162

Purifile 1 $448

Red Hat 11 $97,952

SentinelOne 3 $99,906

SolarWinds 25 $247,610

Thinklogical 5 $1,049,077

Vanguard 1 $26,205

VEEAM 4 $97,935

Wind River 2 $32,800

Total 507 $4,656,351

Note: List of Commercial Off The Shelf (COTS) software is the current baseline as of June 2026. Quantity or type of software can increase or decrease based upon Government requirements.

(a) 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. The Government may not, without the written permission of the Contractor, release or disclose that data outside the Government, use the data for manufacture, or authorize the data to be used by another party, except that the Government may reproduce, release or disclose such data or authorize the use or reproduction of such data by the following persons outside the Government (including their subcontractors) to perform their respective contract(s) listed below:

(i) The Aerospace FFRDC

(ii) Tecolote Research, Inc.

(b) The Contractor agrees that the Government shall have the right to unilaterally add or delete contractors (and contracts) from this list at any time, and its exercise of that right shall not entitle the Contractor or its subcontractors to an equitable adjustment or a modification of any other terms and conditions of this contract.

(c) For the CDRLs in Table 3, the Offeror shall assert their rights to the data in column 4. The contractor may assert less than the Government Asserted Minimum Rights (i.e. SLRC-B) if their approach to executing the requirements precludes them from providing this level of data rights. In this event, the Offeror shall include the cost associated with providing the Government Asserted Minimum Rights for this data in column 5 of Table 3.

This cost shall include all costs necessary to make the data available as “SLRC-A” to include changes in technical approach. The Offeror shall total all values in column 5 in the Data Rights Total at the bottom of Table 3.

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

Computer Software Documentation

3.3 Special License Rights Category B (“SLRC-B”): The Government and the employees of the companies listed below (including their subcontractors) shall have the right to review all data used by the Contractor (except data classified as attorney-client privileged or attorney work-product) to create any CDRL or CLIN listed in Tables 1-3 required to be delivered under this contract (including, if necessary and upon the PCO’s direction, at the Contractor’s and subcontractors’ facilities) to verify the currency, accuracy, and completeness of the data contained in those CDRLs/CLINs:

(i) The Aerospace FFRDC

Column

Column 2 Column 3 Column 4 Column 5

CDRL

No. Data Item Title (Subtitle)

Government Minimum Asserted

Rights Category

Contractor Asserted Rights

Category Price

A002 Program Management Plan SLRC-A $0.00

A003 Contractor Work Breakdown Structure

(CWBS)

SLRC-A $0.00

A006 Financial Improvement & Audit Readiness Plan (FIAR)

SLRC-A $0.00

A009 Funds and Labor Hours Expenditure Report

SLRC-A $0.00

A010 Contract Funds Status Report (CFSR) SLRC-A $0.00

A011 Integrated Program Management Report (IPMR)

SLRC-A $0.00

A012 Task order Monthly Reports SLRC-A $0.00

A013 Contractor’s Progress, Status, and Management Report

SLRC-A $0.00

Data Rights Total: $0.00

(ii) Tecolote Research, Inc.

3.3.1 The estimated cost for this license is $ ** . The Contractor agrees that the

Government shall have the right to unilaterally add or delete contractors (and contracts) from this list at any time, and its exercise of that right shall not entitle the Contractor or its subcontractors to an equitable adjustment or a modification of any other terms and conditions of this contract. The Offeror shall include the cost for this license in the estimated cost of rights identified in Table 3.

4.0 Additional Marking Requirements

4.1 If the contents of any CDRL delivered to the Government contain commercial item technical data, computer software, or computer software documentation, prior to delivery the Contractor shall physically attach a copy of this Attachment and a copy of the applicable commercial license(s) listed in Table 2 contained in Appendix A for that CDRL to that CDRL, and expressly highlight in red which specific items of commercial technical data located on which specific portions of that CDRL the release of which outside the Government is restricted by that/those license(s). If a CDRL listed in Table 3 will be delivered with Special License Rights Category A described in subsection 3.3 above, the Contractor shall affix to the cover page of that CDRL the legend prescribed by R-DFARS 252.227-7989(g), delete the word “technical” from that legend, and insert the following text immediately after the phrase “License No” in that legend “-SLRC- A/ ** PROPRIETARY”. Under such circumstances, the Contractor shall also physically attach a copy of this Attachement to that CDRL.

4.2 If a CDRL requires the delivery of both technical data and cost/financial/schedule data, different license rights will apply to those portions of those CDRLs that require the delivery of technical data than those portions that require the delivery of cost/financial/schedule data. Under such circumstances, the contractor shall affix all restrictive markings required by Tables 1 and 3 to the cover sheet of the CDRL and shall expressly highlight in green which specific cost/financial/schedule data located on which specific portions of that CDRL the release of which outside the Government is restricted by the Special License Rights Category A (“SLRC-A/ ** PROPRIETARY” described in subsection 3.3 above.)

4.3 The Contractor acknowledges that, given the types of licenses described in subsections

3.3 and 3.4 that apply to (i) specific persons for (ii) specific purposes for (iii) specific items of data (iv) delivered at specific times during performance of this contract, failure to properly affix the proper restricting marking to the appropriate data prior to delivering or otherwise providing that data to the Government exponentially increases the risk that that data will be released to unauthorized persons for unauthorized purposes. Accordingly, in addition to the release from liability contained in R-DFARS 252.227- 7989(c)(7), the Contractor agrees to release the Government from liability for any release or disclosure of data other than technical data, computer software, and computer software documentation made in accordance with this Attachment if any CDRL delivered to the Government does not comply in all respects with the marking requirements specified herein.

5.0 Allocability of Costs to CLINs:

The cost of the data rights described above in subsections 3.0-3.4 associated with its corresponding CDRL shall be fully included with and built into the proposed target price of the CLIN under which the development/creation of that CDRL will occur or has occurred. Since the cost for the rights described above in subsections 3.3 and 3.4 benefit all CLINs and all CDRLs to varying degrees, that cost shall be fully included with, and allocated in reasonable proportion to, the benefits received by each CLIN. In other words, the cost for these rights in data described in this attachment will not be separately priced but are included in the contract price, and the contractor therefore warrants that upon contract award the government shall have those data rights listed at no additional cost.

6.0 Updates

The price of any rights in data described above includes the price of the rights in data to any changes (e.g., updates, software maintenance patches, minor version changes (e.g., from V1.1 to V1.2 not V1.1 to V2.0), substitutions) made to that data by the Contractor anytime during performance of this contract.

7.0 License Transference

Any license delivered with or required for any technical data, computer software, or computer software documentation delivered under any CLIN shall transfer upon delivery of that CDRL or CLIN to the Government.

8.0 Prohibition Against Nondisclosure Agreements

Upon contract award, the Government obtains a waiver from the Contractor and all of its subcontractors from the requirement in R-DFARS 252.227-7990(c)(3)(iii)(A) that a covered Government support contractor must enter into a non-disclosure agreement directly with the Contractor or any licensor regarding the covered Government support contractor’s use of such commercial item technical data.

9.0 Order of Precedence:

Upon delivery of any commercial item technical data, computer software, computer software documentation, or any combination thereof, to the Government contained in any CLIN or CDRL, the following provisions shall take precedence over conflicting provisions in any license associated with those items, notwithstanding any provisions in those licenses to the contrary through renewals or extensions, as needed, to this contract:

9.1 The Government shall have the right to use, perform, display or disclose that commercial item technical data, computer software, or computer software documentation, in whole or in part, within the Government not to exceed the quantity specified in Column 4 of Table 2 of Attachment 8 of the contract awarded in response to solicitation FA8809-26-R-B002 for commercial item computer software.

9.2 Upon contract award, the Government obtains a waiver from the Contractor from the requirement in R-DFARS 252.227-7990(c)(3)(iii)(A) that a covered Government support contractor must enter into a non-disclosure agreement directly with the Contractor or any licensor regarding the covered Government support contractor’s use of such data. The Government may not, without the written permission of the Contractor, release or disclose the commercial item technical data and computer software outside the Government or use the commercial item technical data and computer software for manufacture, except that the Government shall have the right to use, modify, reproduce, release, perform, display or disclose that commercial item technical data, computer software and computer software documentation to any covered government support contractor.

9.3 The duration of this license shall be, at minimum, for the period of performance (PoP) of the awarded contract in response to solicitation FA8809-26-R-B002 (including options if exercised) unless the license specifies a longer period.

9.4 License rights related to technical data described in, and granted to the U.S.

Government under, R-DFARS 252.227-7990(c)(1) shall apply to all such technical data associated with delivered computer software including, but not limited to, user’s manuals, installation instructions, and operating instructions.

9.5 Disputes arising between the Licensee and the U.S. Government pertaining to the provisions of the License shall be subject to the Contract Disputes Act. Furthermore, the jurisdiction and forum for disputes hereunder upon delivery to the U.S.

Government shall be the Armed Services Board of Contract Appeals (ASBCA) or the U.S. Court of Federal Claims (COFC), as appropriate.

9.6 By law, the U.S. Government cannot enter into any indemnification agreement where the Government’s liability is indefinite, indeterminate, unlimited, and in violation of the Anti-Deficiency Act; therefore, any such indemnification provision in this License shall be void.

9.7 In the event that a License-related claim is brought against the U.S. Government by, or onbehalf of, the Licensor, and the claim is adjudicated in a dispute with the Government relating to that claim, the Claimant (and/or Licensor) agrees that damages and remedies awarded pertaining to that claim

9.8 Upon receiving written consent by the U.S. Government, the Licensor may be permitted to enter Government installations for purposes such as software usage audits or other forms of inspection.

9.9 The Items provided hereunder may be installed and used at any U.S. Government installation worldwide at which HADES equipment is located consistent with the provisions of the contract between the U.S. Government and the Licensee.

9.10 Under no circumstances shall terms of the License or any modifications thereto renew automatically so as to obligate funds in advance of funds being appropriated in contravention of the Anti-Deficiency Act.

9.11 The Licensor shall comply with, and all delivered Items, shall conform to, all applicable Government Security/Classification rules and regulations applicable to this

Agreement, in particular those set forth in the applicable DD254 (Department of Defense, Contract Security Classification Specification).

9.12 In the event of inconsistencies between the License and Federal law (e.g., RFO 52.232-25 (“Prompt Payment”) and RFO 52.246-3 (Inspection of Supplies—Cost- Reimbursement”), Federal Law shall apply.

9.13 Copies of this license may be disclosed to third parties consistent with the Freedom of Information Act.

9.14 Any claim filed with the U.S. Government by, or on behalf, of the Licensor, and any claim the U.S. Government files with the Licensor and/or Contractor, shall be submitted within the period specified in RFO 52.233-1 (“Disputes”) as modified by the awarded contract in response to solicitation FA8809-26-R-B002.

9.15 No individual other than a warranted contracting officer shall have the authority to bind the Government contractually.