17-Q-0059_CBP_&_EBI_Training_Amendment_0001_-_8-24-17.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Crandell McDonald Contracting Officer

The purpose of this Amendment 0001 is to provide the Government's response to questions received.

Court Services and Offender Supervision Agency 633 Indiana Avenue NW Washington, DC 20004

To All Offerors/Bidders

CSOSA-17-Q-0059

1 3

08/24/2017

08/16/2017

CSOSA-17-Q-0059 Amendment 0001

SF-30 Continuation Page 2 of 3

1. Is the Court Services and Offender Supervision Agency open to a joint ownership of new material that might be developed?

No. All proprietary rights, including publication rights, in any work first produced in performance by the Contractor in connection with this contract shall vest in CSOSA.

2. What are the options if we would be using material that is already copyrighted?

Under 48 C.F.R. § 52.227‐14(c)(2), a contractor cannot incorporate copyrighted data not first produced in the performance of the subject contract into data delivered under the subject contract without the grant of an unlimited license to the government.

The Solicitation, and resultant contract, includes FAR Clause 52.227‐14, Rights in Data—General.

With regard to the use of material that is already copyrighted, paragraph (c)(2) of FAR Clause 52.227‐14, Rights in Data—General, states the following:

“Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor—

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.”

Paragraph (c)(1)(iii) states:

For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid‐up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government.

Furthermore, the Federal Acquisition Regulation provides that the prior, express written permission of the contracting officer is required to establish claim to copyright subsisting in all data first produced in the performance of the contract, other than certain articles for publication. 48 C.F.R. § 52.227‐14(c)(1). If permission is granted, the contractor must provide the government with a paid‐ up, nonexclusive, irrevocable worldwide license in such copyrighted data.

The deliverables under the resulting contract will consist of the following:

1. CSOSA specific customized training (CLINs 0001, 0002, 0003, and 0004). This training may be based on off‐the‐shelf training for which the copyright is held by the contractor or a third party. CSOSA expects to receive unlimited rights to this training. As part of these CLINs, CSOSA also expects to receive a written report summarizing the findings for each individual course

CSOSA-17-Q-0059 Amendment 0001

SF‐30 Continuation Page 3 of 3 taught. CSOSA expects to own the copyright to this report, since it will be specific to CSOSA and first produced in the performance of this contract.

2. Report on Recommendations for a Continuous Quality Improvement Team (CLIN 0005). CSOSA expects to own the copyright to this report since it will be specific to CSOSA and first produced in the performance of this contract.

3. Final Closeout Report (CLIN 0006). CSOSA expects to own the copyright to this report since it will be specific to CSOSA and first produced in the performance of this contract.