Attachment C ISV-H Right to Repair and Data Rights_30Mar26.pdf

Attachment C: ISV-H Right to Repair and Data Rights

Title: Infantry Squad Vehicle – Heavy (ISV-H) Attachment C: ISV-H Right to Repair and Data Rights

Responses: See Section 3.0 on the ISV-Heavy Commercial Solutions Opening for Procedure Details

1. Logistics Product Development Strategy

1.1. The logistics product development strategy for the ISV-H is to ensure Soldiers can perform all operator and maintenance tasks organically at First Unit Equipped (FUE) through the platform's entire sustainment lifecycle. To bridge any initial gaps, Logistics Assistance Representatives (LARs) will provide support to units at FUE for any maintenance requests that exceed the unit's organic capability.

Segment 2 will be utilized to procure the offerors’ commercial Operator and Maintainer manuals in preparation for a potential Segment 3 Production contract award. To ensure long-term sustainment, a 3-year-priced parts list will be required to facilitate parts replacement for unit maintenance requests, complementing the initial sustainment package (Authorized Stock List and Shop Stock).

To facilitate this strategy, the following items will be requested from the offeror as part of Phase 3 of the CSO for potential award during the following on OTA or FAR Segment 2:

1.1.1. Data & Software: The contractor's commercial Operator and Maintainer manuals with XML files,

1.1.2. Access to all relevant OEM data, schematics, and drawings.

1.1.3. Development of an initial spare parts package for procurement at every fielding location.

1.1.4. A priced list of the Special Tools and Test Equipment not currently in the Army system for procurement.

1.1.5. Training & Support: Development of a training support package for Operational New Equipment Training (OPNET) and Field Level Maintenance New Equipment Training

(FLMNET).

1.2. Technical Data Package (TDP): The Government requests a contractor that can deliver a complete TDP for the end-item; sufficient to support all maintenance tasks from field-level repair to complete overhaul. This TDP shall be delivered as a Contract Data Requirements List (CDRL) item and, at a minimum, must include:

1.2.1 Overhaul and Repair Manuals: Detailed, step-by-step procedures for the complete disassembly, inspection, repair, and reassembly of the end-item. This includes all required specifications, tolerance data, torque values, and quality assurance checkpoints.

1.2.2 Detailed Component Drawings: Fully dimensioned manufacturing-level drawings for all Line Replaceable Units (LRUs) and their internal piece-parts (including but not limited to gears, shafts, printed circuit boards, wiring harnesses, bearings, seals, gaskets, and housings).

These drawings must be sufficient for the Government to competitively procure or fabricate replacement parts.

1.2.3 Bill of Materials (BOM): A complete, indented BOM for the end-item, listing every part number, part name, Commercial and Government Entity (CAGE) code of the actual manufacturer, and quantity.

1.2.4 Schematics: All electrical, hydraulic, and pneumatic schematics associated with the operation and control of the end-item.

1.2.5 Test and Inspection Procedures: All factory and depot-level test procedures required to validate the performance and reliability of the end-item after repair or overhaul, including required test stand parameters and acceptance criteria.

1.3 Diagnostic Software & Firmware Access: The Government requests a contractor that can provide unfettered access to all diagnostic software and firmware related to the end-item's electronic control systems, including any subsystem-specific controllers. This access must include:

1.3.1 Unrestricted Diagnostic Software: Government-owned licenses for diagnostic software with no feature limitations. This must include the ability to:

1.3.1.1 Read and clear all proprietary and standard fault codes.

1.3.1.2 Access live data streams from all sensors and system parameters.

1.3.1.3 Perform bi-directional controls and system actuation tests (e.g., commanding solenoids, running self-tests, initiating component-level diagnostics).

1.3.1.4 Perform all calibration, programming, and "re-flash" procedures for Electronic Control Modules (ECMs) or similar controllers.

1.3.2 Firmware and Calibration Files: Access to all current and future firmware and calibration files for the service life of the end-item. The Government must have the right to apply these updates using its own personnel and equipment.

1.4 Special Tools and Test Equipment: The contractor shall identify all special tools, jigs, fixtures, and test equipment necessary for the overhaul of the end-item. The contractor shall support the Government in one of the following ways for each identified item:

1.4.1 Commercial Off-The-Shelf (COTS) Sale: Make the special tool or test equipment available for purchase by the Government at a fair and reasonable price.

1.4.2 Technical Data for Fabrication: Provide a complete TDP for the special tool or test equipment, allowing the Government to fabricate the item itself or have it fabricated by a third party.

1.5 Training: The contractor shall develop and provide an expert-level "Overhaul and Repair" training course for Government personnel (e.g., depot artisans, senior mechanics). This course shall provide hands-on instruction covering all aspects of the delivered TDP, diagnostic software, and special tooling for the end-item.

2. Data Rights and Intellectual Property

2.1 General: The Government requests a contractor that can provide all technical data and computer software with the appropriate data rights as defined in Defense Federal Acquisition Regulation Supplement (DFARS) clauses. The overarching goal is to enable Government-directed sustainment strategies, maximize competition in the supply chain, and ensure the long-term, cost-effective supportability of the system. The Government expects unlimited rights/unrestricted rights IAW the DFARS in all manuals, training materials, Electronic Technical Manuals (ETMs), Instructions, National Maintenance Work Requirements (NMWRs), Source Data, and other data necessary for operation, maintenance, or training (OMIT) delivered under the resulting contract or agreement. The contractor shall acquire and deliver copyright releases in writing, and the copyright release shall be written for the Government's use. The contractor shall ensure that the Government has Unlimited Rights per DFARS to use, copy, and distribute the images, manuals, technical data and electronic data files delivered under this contract.

2.2 Jointly Developed Data: For all technical data and computer software developed with a mix of private and Government funding, the Government expects at least Government Purpose Rights (GPR) as defined in DFARS-252.227-7989 except when the Government is entitled to unlimited rights in such data, including but not limited to, training materials, courseware, and Technical Manuals, IAW DFARS 252.227-7989.

2.3 Specific Rights for Sustainment and "Right to Repair" Data: The Government's ability to perform organic, depot-level repair and competitively procure spare parts is a material requirement. Therefore, for all technical data and software required to perform diagnostics, maintenance, repair, and overhaul, the Government shall receive, at a minimum, Government Purpose Rights (GPR) or Specially Negotiated License (SNL) Rights In Accordance With (IAW) DFARS 252.227-7989 and 252.227-7990. This specifically includes, but is not limited to:

2.3.1 The complete Technical Data Package (TDP) for the end-item, including all overhaul manuals, component drawings, and specifications.

2.3.2 All diagnostic software, firmware, and associated calibration files.

2.3.3 The technical data required to fabricate any special tools or test equipment.

2.4 Data Markings: The contractor shall mark all technical data and computer software delivered with the appropriate data rights legend as prescribed by the applicable DFARS clauses.

The contractor shall not place any restrictive markings on any deliverable inconsistent with the rights granted to the Government. Unmarked data will be treated as being delivered with Unlimited Rights.

2.5 Flow-down to Subcontractors: The contractor shall ensure that the requirements of this

Data Rights section are flowed down to all subcontractors and suppliers at any tier, ensuring the Government secures the necessary rights for all data and software delivered, regardless of its origin.

3. The Government may make award(s) at the conclusion of Phase 3 of the CSO process.