Attachment L-6 Government Rights in Data (GRID).pdf

Section J, Attachment L-6 GRID Version: 1

Government Rights in Data (GRID)

P5 Combat Training System (P5CTS) System Security Update (SSU)

Date: 25 Jan 2021

1. Purpose of the Government Rights in Data (GRID) Document

During proposal, the Offeror is required to complete and certify this GRID document. The purpose of this attachment (once completed) is to provide the Government with a detailed list and clear understanding of all known proprietary and/or Commercial-Off-the-Shelf/Non-development Item

(COTS/NDI) components, parts, assemblies, sub-assemblies, processes, materials, frameworks, platforms, software, and software documentation that will be materially relied upon or incorporated into the development of solutions we procure. This GRID document also provides a structure for the management of license agreements related to the use of proprietary components. Completion of this

GRID document satisfies the requirements of, and expands upon, section K clauses 252.227-7017 and

252.227-7028. The final certified GRID will become an inseparable part of the contract (attachment to section J). This document does not restrict a contractor’s use of proprietary technologies or require an offeror to sell or otherwise relinquish any rights in technical data other than data identified at 227.7103-

5(a)(2) and (a)(4) through (a)(9).

Delivered data, drawings, specifications, or related data deliverables shall not make reference to proprietary or company specific standards, parts, components, materials or processes without providing specific information regarding the referenced item in section (e) of this GRID. Military specific standards and processes shall be used unless clearly identified herein.

Modifications to this GRID document may be required as the program advances; post award modifications to this document shall be done by bilateral modification only.

For IDIQ/task order/delivery orders, this GRID document is to be associated with each order issued under the parent contract. Each order will include its own unique Contract Data Requirements Listing

(CDRL) and order specific GRID attachment.

2. Instructions for Completing GRID Document

The contractor shall complete sections 4, 5 and 6 of this GRID document, and provide the completed document with their proposal. The assertions made in each section 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.

Sections 4(a) through 4(d) Instructions ~ the offeror shall complete Parts 4(a) through 4(d) in accordance with each sections instruction. By completing these sections the contractor will satisfy the requirements of clauses 252.227-7017 and 252.227-7028. Note that some of the GRID sections have been completed by the Government based on our best assumptions and preliminary understanding of the program and program deliverables. All data items are expected to be developed, marked and delivered in accordance with this GRID document and applicable FAR/DFARS regulations.

Section 5 Instructions ~ the offeror shall certify (sign & date) all information and assertions made in this

GRID document. All information provided in the final GRID document will become an inseparable part of the final contract.

Section 6 Instructions ~ the offeror shall attach all applicable explanatory IP documentation, including license terms applicable to restricted data.

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).

- “CDRL” is Contract Data Requirement List

- “Commercial item” is defined in FAR 2.101.

- “COTS” is Commercial off-the-shelf

- “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 Prime 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.

- “TDP” is Technical Data Package

- “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 for Data Rights

Unless otherwise stated in this section, the Government assumes that all parts, components, assemblies, sub-assemblies, processes, materials, frameworks, platforms, software and software documentation will be provided with unlimited rights. Note that continued sustainment of the P5CTS SSU system is required. Accordingly, the Government may make a determination that specific data items be delivered with Unlimited or Government Purpose Rights.

(a) “Technical Data or Computer Software to be Delivered with Restrictions”

The contractor shall list below (using the table) all known proprietary (limited data rights) parts, components, assemblies, sub-assemblies, frameworks, platforms, and computer software and software documentation that the Contractor asserts will be relied upon or incorporated into the provided proposed solution. This section should NOT include commercial items (COTS) provided by third parties which are addressed in section 4(c). Further, the contractor shall include a price (if less restrictive rights are for sale) for purchasing less restrictive rights to specific data items. If less restrictive data rights are not for sale, mark column four as “Not for Sale”. The Government reserves the right to negotiate for less restrictive license rights for data items listed herein. If no data delivered will be restricted in accordance with this section, check the applicable box below.

□ No restricted/proprietary data and/or components are contemplated to be incorporated or materially relied upon in providing our proposed solution

□ Specific restricted/proprietary data and/or components will be materially relied upon and/or incorporated into the proposed solution as follows:

CDRL or Part# DID or Description Basis for Assertion Price for GP or Unlimited Rights

(b) Technical Data Previously Delivered to the Government

The contractor shall list below (using the table) all known parts, components, assemblies, sub-assemblies, frameworks, platforms, and computer software and software documentation that the

Contractor asserts will be furnished with other than unlimited rights that are identical or substantially similar to documents or other media that the offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. Further, the contractor shall include a price (if less restrictive rights are for sale) for purchasing less restrictive rights to specific data items. If less restrictive data rights are not for sale, mark column four as “Not for Sale”. Reference: Section K and clause 252.227-7028. Completion of section (b) (this part), satisfies the requirement for completion of clause 252.227-7028. If no data delivered will be restricted in accordance with this section, check the applicable box below.

□ No restricted/proprietary data and/or components will be asserted in accordance with GRID section 4(b)

□ Specific data and/or components will be furnished with less than unlimited rights as follows:

CDRL# or Part # DID Basis for Assertion Price for GP or Unlimited Rights

(c) Commercial (COTS) Components and Software

The contractor shall list below (using the table) all known proprietary commercial (COTS) parts, components, assemblies, sub-assemblies, frameworks, platforms, and computer software and software documentation (referred to collectively as COTS Components) that will be materially relied upon or incorporated into provided solutions that are subject to commercial license/design restrictions. Note that this includes software, software platforms, and software documentation that will be provided with open source and/or public domain (PD/OSS) license restrictions. The contractor shall include (as an attachment to this GRID, section 6) all licenses associated with COTS components. Further, the contractor shall include a price (if less restrictive rights are for sale) for purchasing less restrictive rights to specific data items. If less restrictive data rights are not for sale, mark column four as “Not for Sale”. If no restricted commercial data will be delivered, check the applicable box below.

□ No restricted/proprietary COTS components are contemplated to be incorporated or materially relied upon in providing our proposed solution

□ Specific COTS components will be incorporated or materially relied upon in providing our proposed solution as follows, see table below.

CDRL# DID Basis for Assertion Price for GP or Unlimited Rights

(d) Specifically Negotiated License Rights (SNLR) (Non-Technical Data)

The contractor shall list below (using the table) all known non-technical data (primarily documentation) that the Contractor asserts specifically negotiated data rights (ie. cost, financial, performance reporting data). The contractor shall also include/modify specifically negotiated data rights language if language provided is insufficient.

Default Restrictive Language: The Government shall have the right to use, modify, perform, display or disclose SNLR data in whole or in part, within the Government and by all support contractors for the exclusive purpose of providing technical administrative assistance. Government support contractors, with properly completed non-disclosure agreements, shall have access to such non-technical data as required to support the Government’s administration of this program. If no SNLR data will be provided, check the applicable box below.

□ No SNLR will be delivered in accordance with GRID section 4(d)

□ Specific non-technical data will be delivered with SNLR as follows, see table below.

CDRL # DID Basis for Assertion

5. GRID Certification

An offeror's failure to submit, complete and sign (certify) this GRID document may render the offer ineligible for award.

Date Enter date

Printed Name and

Title

Enter printed name of person asserting these restrictions

Signature Signature

(End of identification and assertion)

6. GRID Attachments List (Commercial Licenses)

Part# Title License Number, Unique ID’s as Required

XXXXXXX Document Title XX-XXXX-XXXXXXXX