H001_(FBO).pdf

DATA RIGHTS

Special Contract Requirement

AFLCMC/WLMK - H001 DELIVERY AND LICENSE RIGHTS FOR TECHNICAL

DATA AND SOFTWARE NECESSARY FOR OPERATION, MAINTENANCE,

INSTALLATION AND TRAINING (OMIT) (APR 2018)

(a) Definitions. As used in this special contract requirement and associated CLINs:

1. The term "Depot-Level Maintenance" as used in this contract includes, but is not limited to installation, inspection, localization, isolation, disassembly, interchange, repair, reassembly, alignment, checkout; maintenance performed, including modification, testing and reclamation, on material requiring repair, major overhaul, or complete rebuild of parts, assemblies, subassemblies, and end items; and maintenance performed for continuous airworthiness. Depot- Level Maintenance does not include the manufacture of new items.

The term "OMIT Data" is defined for the purposes of this contract as all technical data, computer software, computer software documentation, computer data bases and graphics pertaining to the ROCCs and support equipment required to successfully conduct all operation, maintenance, installation, and training activities, regardless of whether such activities are performed by Air Force military, civilian, or contract personnel. Depot-level Maintenance technical data in this document refers to Level III drawings and other Technical Data Package deliverables as defined in the SOW and associated CDRLs.

A. OPERATION

"Operation" includes all procedures, guidance, and instructions for operating, handling, testing, emergency, utilization, familiarization, and functional use of the ROCCs to perform their intended functions while on the ground and in use during flight. Operation also includes all data to identify, catalog, stock, source, acquire, procure, replenish, package, handle, store, and transport of the ROCCs and their subsystems, assemblies, subassemblies, components, parts, and pieces.

B. MAINTENANCE

"Maintenance" includes all scheduled and unscheduled organizational, intermediate, and Depot- Level Maintenance and repair capabilities to maintain, inspect, test, service, adjust, troubleshoot, analyze, remove, replace, repair, install, disassemble, reassemble, and overhaul to maintain in, or restore to, a serviceable airworthy condition the ROCCs and their subsystems, assemblies, subassemblies, components, parts, and pieces (whether hardware or software). Maintenance includes sustainment of the OMIT data itself.

C. INSTALLATION

"Installation" includes infrastructure such as maintenance facilities, supply chain management, and all other data and planning necessary for the initial standup and continued operations, training, sustainment, and maintenance at all operational sites as well as organizational, intermediate, and Depot-Level Maintenance requirements in support of the ROCCs and their subsystems, assemblies, subassemblies, components, parts, and pieces.

D. TRAINING

DRAFT

"Training" includes Type 1 training and all other formal and informal classroom, operation of, use of, testing of, supply chain management of, and the organizational maintenance of the ROCCs and their subsystems, assemblies, subassemblies, components, parts, and pieces.

2. Other terms used in this special contract requirement defined in the following clauses have the same meaning as set forth in those clauses:

A. DFARS 252.227-7013;

B. DFARS 252.227-7014; and

C. DFARS 252.227-7015.

(b) Delivery Requirements. The contractor shall deliver all technical data, computer software documentation, computer databases, computer software and graphics that are necessary or required to support OMIT and having the characteristics (e.g., content, format, and delivery medium) necessary for OMIT in accordance with the Statement of Work entitled Roll-On Conference Capsules for the C-17A Globemaster III Aircraft.

1. General. The Government requirements for such technical data, computer software documentation, computer databases, graphics, and computer software include:

A. No less information or detail than industry standards, nor less than the contractor typically requires or uses to perform OMIT activities; and B. Additional information or detail necessary for military purposes related to OMIT.

2. Depot-Level OMIT Data. Depot-Level OMIT data includes a complete package of technical data, computer software documentation, computer databases, graphics and computer software necessary for installation and de-installation, and disassembly and reassembly, at the lowest practicable segregable level. Examples of data that are needed to perform depot-level maintenance include, but are not limited to, the following:

A. Detailed ROCC infrastructure (design) technical data and information regarding all systems;

B. Depot-level maintenance technical data and information regarding all systems, subsystems, and components; and C. Interface Control Documents (ICDs).

(c) License Rights. Contractor hereby grants or shall obtain for the Government unlimited rights in all technical data, computer software, computer databases, graphics, and computer software documentation necessary for OMIT. Any exceptions to this grant for computer software shall be identified and asserted as a restriction on computer software pursuant to AFLCMC/WLMK - H002 and shall include any assertions for commercial computer software required for OMIT, which shall be subject to a commercial license consistent with DFARS 227.7202-1(a) and AFMC STD-8 clause, Alternate I and Alternate III only.

(d) Subcontractors and Suppliers. The contractor's obligations in this special contract requirement shall apply to all technical data, computer software documentation, computer databases, graphics and computer software, including all technical data developed, delivered, or otherwise provided by subcontractors and suppliers at any tier, regardless of whether the OMIT data is, or relates to, commercial items or noncommercial items. The contractor shall include these requirements in its subcontracts or other contractual or legal instruments with its subcontractors and suppliers at any tier. The contractor shall ensure all subcontractors and suppliers at any tier replicate this clause.

(e) Validation of Asserted Restrictions and Restrictive Markings. Nothing in this special contract requirement limits or otherwise affects the parties' rights or obligations specified in DFARS 252.227-7019 or DFARS 252.227-7037. The Contracting Officer reserves the right to validate any asserted restriction or restrictive marking, at a later date, in accordance with the procedures of these clauses.