Draft RFP Package - Attachment 1 - GRIDS.docx

Section J, Attachment 1

Government Rights in Data (GRID) Program Name: ISC 2.0 – Task Order XXXX Date:

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 clear understanding of the all intellectual property (IP) (data rights, license rights) attributed to products, components, materials, data and solutions we procure. 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). The Government will use this completed GRID to make informed intellectual property (IP) related business decisions as it relates to overall cost (Total Evaluated Price (TEP)) and to the entire life-cycle of the system/solution being procured.

Delivered data shall not refer 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.

As individual programs advance and mature modifications to this GRID document may be required; post award modifications to this document shall be done by bilateral modification only.

For IDIQ/task order/delivery order requirements contracts, 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 4(e) Instructions ~ the offeror shall develop and provide a clear, concise and easily understandable explanation and justification for use of proprietary, vendor-unique or closed designs, interfaces, platforms, including but not limited to COTS items. The contractor shall include documentation (as attachments in section 6 of this GRID document) to support the rationale for a decision to integrate proprietary, vendor-unique or closed system hardware and/or software functions within the proposed system. When interfaces, hardware, firmware, or modules that are proprietary or vendor-unique are required, the contractor shall describe how it will employ hardware and/or software partitioning or other design techniques to isolate all proprietary, vendor-unique portions of interfaces, hardware, firmware and modules – at the lowest subsystem or component level. Further, the contractor shall demonstrate to the Government that those proprietary elements do not preclude or hinder other component or module developers from interfacing with or otherwise developing, replacing, or upgrading open parts of the system. The contractor shall identify and take steps to prevent the open elements of the system from intertwining with proprietary or vendor-unique elements in a manner that restricts or limits the ability to replace or upgrade the open elements using an open competitive selection process. If no proprietary or restricted parts, products, components, materials or data will be delivered, state the contractor’s position as such in this section.

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 data will be provided with unlimited rights. Note that continued sustainment of the ICBM system is mandated by Federal law (10 U.S.C. 2281, 42 U.S.C. 14712). Accordingly, the Government may make a determination that specific data items be delivered with Unlimited or Government Purpose Rights. Further, 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 DFARS 252.227-7013(b)(1)(ii, iv-ix) and DFARS 252.2277014(b)(1)(ii-vi)).

(a) “Technical Data or Computer Software to be Delivered with Restrictions” The contractor shall review the CDRLs associated with this program and list below (using the table) all technical data items and computer software and software documentation that the Contractor asserts will be furnished to the Government with restrictions on use, release, or disclosure in accordance with clause 252.227-7013(e) and 252-227-7014(e). 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 rights data will be asserted to data items in accordance with GRID section 4(a)

□ Specific technical data will be delivered with other than unlimited rights as follows, see table below.

(b) Technical Data Previously Delivered to the Government The contractor shall review the CDRLs associated with this program and list all technical data items 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 data will be asserted to data items in accordance with GRID section 4(b)

□ Specific technical data will be delivered with other than unlimited rights as follows, see table below.

(c) Commercial Software/Components The contractor shall review the CDRLs and requirements associated with this program and list all technical data items and computer software and software documentation that will be provided subject to commercial license/design restrictions. Note that this includes software, software platforms, and software documentation that will be provided with commercial and/or 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 commercial data to be delivered. 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 commercial data will be delivered in accordance with GRID section 4(c)

□ Specific technical data will be delivered with commercially restricted data rights as follows, see table below.

(d) Specifically Negotiated License Rights (SNLR) (Non-Technical Data) The contractor shall review the CDRLs associated with this program and list all non-technical data that is to be protected by 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 technical data will be delivered with SNLR as follows, see table below.

(e) Offeror’s Intellectual Property Strategy & Plan ** Provide the required information here or reference a proposal section/attachment. If no restricted data (no data other than unlimited rights data) will be delivered, state such in this section.

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

Signature

Signature

(End of identification and assertion)

6. GRID Attachments