Attachment_2_-_Rights_In_Data.pdf

SSM-R, ATTACHMENT 2 FA8723-18-R-0005

SOLID STATE MODULE REPLACEMENT (SSM-R)

RIGHTS IN DATA (INCLUDING TECHNICAL DATA,

COMPUTER SOFTWARE, AND

COMPUTER SOFTWARE DOCUMENTATION)

SOLICITATION NO: FA8723-18-R-0005

ATTACHMENT 2

5 JULY 18

Air Force Materiel Command

Air Force Life Cycle Management Center

Battle Management Directorate

Strategic Warning and Surveillance Systems Division

(AFLCMC/HBQ)

TABLE OF CONTENTS

Page

1.0 Introduction

2.0 Definitions

3.0 Identification and Assertion of Restrictions

3.1 Noncommercial Data Items

3.2 Commercial Data Items

3.2.1 Commercial Technical Data

3.2.2 Commercial Software

4.0 Additional Requirements

4.1 Marking Requirements

4.1.1 General

4.1.2 Commercial Technical Data, Computer Software and Computer Software

Documentation

4.1.3 Release from Liability

4.2 Allocability of Prices to CLINs

4.3 Updates

4.4 License Transfer

4.5 Nondisclosure Agreements

4.6 Order of Precedence

Appendix A Instructions for Completing SSM-R Attachment 2 Appendix B NonCommercial Technical Data, Computer Software and Computer Software

Documentation License Listing Appendix C Commercial Computer Software License Listing Appendix D Commercial Technical Data and Computer Software Documentation License Listing 17

LIST OF TABLES

Page

Table 1 Identification and Assertion of Restrictions on the Government’s Use, Release or Disclosure of Noncommercial Technical Data and or Computer Software

Table 2 Limited or Restricted Rights in Data for Noncommercial Technical Data, Computer Software and Computer Software Documentation

Table 3 Noncommercial Technical Data, Computer Software and Computer Software Documentation and NDA Requirements

Table 4 Commercial Technical Data and NDA Requirements Table 5 License Rights for Commercial Computer Software Table B1 Noncommercial Technical Data, Computer Software and Computer Software Documentation

License Listing Table C1 Commercial Computer Software License Listing Table D1 Commercial Technical Data and Computer Software Documentation License Listing

RIGHTS IN DATA (INCLUDING TECHNICAL DATA, COMPUTER

SOFTWARE, AND COMPUTER SOFTWARE DOCUMENTATION)

1.0 INTRODUCTION

1.1 The Government’s rights in data and the policies related to technical data, computer software and computer software documentation are defined in Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) 227.71, Rights in Technical Data, and 227.72, Rights In Computer Software and Computer Software Documentation. For any data produced under the SSM-R contract, the Government will assume its rights in data and license rights are unlimited or unrestricted rights unless the contractor specifically identifies any restrictions/limitations and makes the appropriate assertion pursuant to DFARS 252.222-7017, as part of this Attachment.

1.2 The purpose of this Attachment is to identify and track the Government’s rights in data to all technical data, computer software, and computer software documentation, delivered or otherwise provided during performance of the SSM-R Contract. This Attachment will remain a part of the SSM-R basic Indefinite Delivery Indefinite Quantity (IDIQ) contract for the life of the contract. The Government Contracting Officer will update this attachment to reflect each Order awarded under the basic contract. The Program Offices supported by the SSM-R Contract use Covered Government support contractors in support of the Government’s management and oversight of the contract. These Covered Government support contractors have subscribed to non-disclosure agreements per their contracts with the Government. These Covered Government support contractors will require access to technical data, computer software, computer software documentation and other proprietary and non-proprietary information delivered under the SSM-R Contract.

2.0 DEFINITIONS

2.1 “Commercial item” is defined in FAR 2.101.

2.2 “Computer software” is defined in DFARS 252.227-7014(a)(4).

2.3 “Computer software documentation” is defined in DFARS 252.227-7014(a)(5).

2.4 “Covered Government support contractor” is defined in DFARS 252.227-7014(a)(6).

2.5 “Firmware” is defined as the combination of a hardware device and computer instructions or computer data that reside as read-only software on the hardware device; the software cannot readily be modified under program control.

2.6 “Licensee” is defined as the SSM-R contractor.

2.7 “Licensor” is defined as the owner (e.g., subcontractor) of commercial item technical data, computer software, or computer software documentation.

2.8 “Technical data” is defined in DFARS 252.227-7013(a)(15) or DFARS 252.227-7015(a)(5) as applicable.

3.0 IDENTIFICATION AND ASSERTION OF RESTRICTIONS

3.1 Noncommercial Data Items

3.1.1 Table 1 identifies any noncommercial technical data, computer software (including firmware) and computer software documentation, to include development tools, the contractor will deliver with restrictions on use, reproduction or disclosure. This listing satisfies the identification and assertion requirements addressed in DFARS 252.227-7017, 252.227-7013 or 252.227-7014. For all noncommercial technical data, computer software (including firmware) and computer software documentation items the contractor will deliver that are not included in Table 1, the contractor asserts the Government’s rights in data and license rights are unlimited or unrestricted.

Table 1 Identification and Assertion of Restrictions on the Government’s Use, Release or Disclosure of Noncommercial Technical Data and or Computer Software

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Noncommercial Technical Data or Computer

Software to Be Furnished with Restrictions 1

Basis for Assertion 2

Asserted Rights Category 3

Name of Owner Asserting

Restrictions 4 Additional

Rights Offered

Price for Additional

Rights

As of Order Fxxxx

Notes:

1. For technical data, if the assertion is applicable to items, components or processes developed at private expense, identify both the data and each such item, component or process. For computer software, generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government’s rights to use, release or disclose computer software. Specifically identify items by Order (e.g., F0001 for Order FA8723-17-F-0001) and Data Item Number (e.g. A001) or other identification designator to clearly establish what data is restricted.

2. For technical data, generally, the development of an item, component or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government’s rights to use, release or disclose technical data pertaining to such items, components or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government’s rights should be restricted. For software, indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the

Government’s rights should be restricted. Note: Technical data includes software documentation and if appropriate, shall be marked with legends for technical data.

3. For technical data, computer software and computer software documentation, if the Asserted Rights Category is Government Purpose Rights, the entry shall identify “GPR.”

For technical data, if the Asserted Rights Category is Limited Rights, the entry shall identify “Limited.” For computer software, if the Asserted Rights Category is Restricted Rights, the entry shall identify “Restricted.”

4. Corporation, individual, or other person, as appropriate.

3.1.2 Table 2 identifies the specific rights in data for each noncommercial technical data, computer software (including firmware) and computer software documentation items where the Government’s rights in data and license rights are less than unlimited or unrestricted. Unless a noncommercial technical data, computer software (including firmware) or computer software documentation item is listed in Table 2, the contractor asserts the Government’s rights in data and license rights are unlimited or unrestricted.

The Government Contracting Officer will update Table 2 with each Order award to document the specific rights in data for each data item. Any licenses for items in Table 2 are listed in Appendix B (to include updated licenses reflecting additional rights purchased by the Government).

Table 2 Government Purpose Rights, Limited, or Restricted Rights in Data for Noncommercial Technical Data, Computer Software and Computer Software Documentation

Column 1 Column 2 Column 3 Column 4 Column 5

Order 1 Data Item

No. 1 Data Item Title (Subtitle), Name or Description Asserted Rights

Category 2 Expiration of Restriction 3

1. Specifically identify items by Order (e.g., F0001 for Order FA8723-17-F-0001) and Data Item Number (e.g., A001) or other identification designator to clearly identify each data item.

2. Use the entries identified in Table 1, Note 3. If the Government purchases any available additional rights, the Contracting Officer will update the Asserted Rights Category to reflect the rights held by the Government. If the Government purchases government purpose or unrestricted rights or an identified restriction expires, the Government Contracting Officer will remove the corresponding items from the Table.

3. If applicable, the Contracting Officer will enter the expiration date of any restriction on data items, based on the negotiated period and the execution of the triggering event [see DFARS 252.227-7013(b)(2)(ii)].

3.1.3 During the execution of the SSM-R Contract, the Government will use covered Government support contractors. The Government may release or disclose data associated with the SSM-R Contract to these contractors and this data may include Government purpose rights, limited rights data and or restricted rights computer software. In submitting this document or updates to this document to address the rights in data associated with new Orders on the SSM-R Contract, the contractor acknowledges that it has been notified that the Government may release or disclose limited rights data and or restricted rights computer software to covered Government support contractors. Table 3 identifies the Government purpose rights, limited rights data or restricted rights computer software for which the contractor (or the party asserting restrictions as identified in the limited or restricted rights legend) will require covered Government support contractors to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions). For all Government purpose rights, limited rights data and restricted rights software the contractor will deliver that are not included in Table 3, the contractor is waiving in writing the requirement for a non-disclosure agreement.

Table 3 Noncommercial Technical Data, Computer Software and Computer Software Documentation and NDA Requirements

Column 1 Column 2 Column 3 Column 4

Order 1 Data Item

No. 1 Data Item Title (Subtitle), Name or Description NDA Required for Covered Government Contractors 2

1. Specifically identify items by Order (e.g., F0001 for Order FA8723-17-F-0001) and Data Item Number (e.g., A001) or other identification designator to clearly identify each data item. The entries in this table should be the same as the entries in Table 2.

2. If the contractor (or the party asserting restrictions as identified in a restrictive legend) requires each covered Government support contractor to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions) regarding the covered Government support contractor’s use of data identified in each row, the contractor shall enter “Yes” in Column 4. If the Contractor (or the party asserting restrictions) chooses to waive the requirements for a non-disclosure agreement, the Contractor shall enter “Waived” in Column 4, which shall satisfy the requirement for the waiver to be in writing.

If the contractor (or the party asserting restrictions) does not waive the requirement for a non-disclosure agreement, the agreement shall comply with DFARS 252.227- 7013(b)(3)(iv)(D) or DFARS 252.227-7014(b)(3)(iii)(D).

3.2 Commercial Data Items

3.2.1 Commercial Technical Data

Table 4 identifies commercial technical data items (including computer software documentation) the contractor will deliver [see DFARS 252.227-7015(b)] and the contractor (or the party asserting restrictions) requires covered Government support contractors to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions). The contractor agrees that unless specifically required by explicit entries in Table 4, covered Government support contractors are not required to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions). The Government Contracting Officer will update Table 4 with each Order award to document NDA requirements for each commercial technical data item. Appendix D lists the licenses for items in Table 4.

Table 4 Commercial Technical Data and NDA Requirements

Column 1 Column 2 Column 3 Column 4

Order 1 Data Item

No. 1 Data Item Title (Subtitle), Name or Description NDA Required for Covered Government Contractors 2

1. Specifically identify items by Order (e.g., F0001 for Order FA8723-17-F-0001) and Data Item Number (e.g., A001) or other identification designator to clearly identify each data item.

2. If the contractor (or the party asserting restrictions as identified in a restrictive legend) requires each covered Government support contractor to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions) regarding the covered Government support contractor’s use of data identified in each row, the contractor shall enter “Yes” in Column 4. If the Contractor (or the party asserting restrictions) chooses to waive the requirements for a non-disclosure agreement, the Contractor shall enter “Waived” in Column 4, which shall satisfy the requirement for the waiver to be in writing.

If the contractor (or the party asserting restrictions) does not waive the requirement for a non-disclosure agreement, the agreement shall comply with DFARS 252.227- 7015(b)(3)(iv). Note: Government support contractors supporting this effort have signed NDAs on file to protect both the government and the contractor supporting this program.

3.2.2 Commercial Software

Table 5 identifies the license rights to commercial computer software (including firmware) items where the contractor has not negotiated Alternative I license rights as defined in clause AFLCMC/HBQK H01.

For all commercial computer software (including firmware) items the contractor will deliver that are not included in Table 5, the contractor asserts the Government’s license rights comply with the requirements of clause AFLCMC/HBQK H01, Alternative I. The Table identifies, for commercial computer software, the applicable Alternative from AFLCMC/HBQK H01. The Government Contracting Officer will update Table 5 with each Order award to document the specific license rights for each commercial computer software item. Table C1 includes the license agreements documenting the Government’s rights.

Table 5 License Rights for Commercial Computer Software

Reference No. 1

Order &

CLIN 2

Commercial Computer Software Application Trade Name

AFLCMC/HBQK H01 Commercial Computer Software Licenses –

Alternate Identification 3

As of Order Fxxxx

Notes:

1. The reference numbers start at “1” and continue sequentially, incremented by “1”. Each entry in this Table has a corresponding entry in Table C1 providing additional information regarding these licenses. This entry provides the cross-reference between this Table and Table C1.

2. Specifically identify each commercial computer software item by Order (e.g., F0001 for Order FA8723-17-F-0001) and CLIN or other identification designator.

3. Specify either “Alternate I,” “Alternate II” or “Alternate III” as defined in

AFLCMC/HBQK H01.

4.0 ADDITIONAL REQUIREMENTS

4.1 Marking Requirements

4.1.1 General

In general, for any data item delivered with restrictions, the item must be marked to highlight the restrictions in accordance with applicable laws, policies and regulations. These restrictions may be related to data rights/license rights, copyrights, prior rights, etc. Restrictions may also be related to Export Control, exemptions from the Freedom of Information Act, scientific and technical information, classification, distribution and destruction. The contractor shall mark all data items appropriately to highlight any restrictions.

4.1.2 Commercial Technical Data, Computer Software and Computer Software Documentation

If any noncommercial data item delivered to the Government contains commercial item technical data, computer software or computer software documentation, the handling and marking of the data item shall comply with the restrictions. To ensure proper handling of the data item and compliance with the license restrictions, prior to delivery, the contractor shall physically attach to the data item delivery a copy of this Attachment (not including the contents of the appendices). The contractor shall also attach a copy of the applicable commercial license(s) identified in Table 4 or Table 5 and listed in Appendix D. The contractor shall highlight, specifically, those elements of commercial technical data located in specific portions of the data item delivery.

4.1.3 Release from Liability

The contractor acknowledges that, given the types of licenses described in Section 3.0, failure to affix the proper restrictive markings to the appropriate data prior to delivery significantly increases the risk that such data will be released to unauthorized persons for unauthorized purposes. Accordingly, in addition to the release from liability contained in DFARS 252.227-7013(b)(6) and 252.227-7014(b)(6), the contractor agrees to release the Government from liability for any release or disclosure of non-technical data made in accordance with this Attachment if any data item delivered to the Government does not comply in all respects with the marking requirements specified herein.

4.2 Allocability of Prices to CLINs

The price for any additional rights identified in Table 1 will be assigned to the CLIN in the basic contract corresponding to the Order to which the data item with the restricted rights is associated. The price listed in Table 1 shall match the price listed in the CLIN or SubCLIN as applicable.

4.3 Updates

The price of any additional rights described in this Attachment includes the price of the rights to any changes [e.g., updates, software maintenance patches, minor version changes (e.g., from V1.1 to V1.2 not V1.1 to V2.0), substitutions, etc.] made to that data by the contractor anytime during performance of this contract.

4.4 License Transfer

Any license associated with any technical data, computer software or computer software documentation delivered under any CLIN shall transfer to the Government upon acceptance of that data item.

4.5 Nondisclosure Agreements

Pursuant to 18 USC § 1832 and 18 USC § 1905, Government employees are already prohibited from releasing an owner’s trade secrets without authorization from the owner. Therefore, neither the contractor nor any of its subcontractors, teaming partners and or joint venture partners shall require any Government employee to sign any nondisclosure agreement relative to the use, release or disclosure of any data item to be delivered under this contract or any data otherwise furnished to those employees by the contractor or any of its subcontractors, teaming partners and or joint venture partners.

4.6 Order of Precedence

Upon delivery of any commercial item technical data, computer software, computer software documentation, or any combination thereof, to the Government contained in any CDRL, the following provisions shall take precedence over conflicting provisions in any license associated with those items, notwithstanding any provisions in those licenses to the contrary through renewals or extensions, as needed, to this contract:

4.6.1 The Government shall have the right to use, perform, display or disclose that commercial item technical data, computer software, or computer software documentation, in whole or in part, within the Government, including Covered Government support contractors, not to exceed the quantities specified in this Attachment.

4.6.2 Upon contract award, the Government obtains a waiver from the contractor from the requirement in DFARS 252.227-7013(b)(3)(iv)(C), 252.227-7014(b)(3)(iii)(C) and 252.227-7015(b)(3)(iii) that a covered Government support contractor must enter into a non-disclosure agreement directly with the contractor or any licensor regarding the covered Government support contractor’s use of such data. The Government may not, without the written permission of the contractor, release or disclose the commercial item technical data and computer software outside the Government or use the commercial item technical data and computer software for manufacture, except that the Government shall have the right to use, modify, reproduce, release, perform, display or disclose that commercial item technical data, computer software and computer software documentation to any covered Government support contractor.

4.6.3 Disputes arising between the licensee and the Government pertaining to the provisions of the license shall be subject to the Contract Disputes Act. Furthermore, the jurisdiction and forum for disputes hereunder upon delivery to the Government shall be the Armed Services Board of Contract Appeals (ASBCA) or the US Court of Federal Claims (COFC), as appropriate.

4.6.4 By law, the Government cannot enter into any indemnification agreement where the Government’s liability is indefinite, indeterminate, government purpose and in violation of the Anti-Deficiency Act;

therefore, any such indemnification provision in this license shall be void.

4.6.5 In the event the Licensee files a claim with the Government on behalf of the Licensor and prevails in a dispute with the Government relating to that claim, the Licensor agrees that damages and remedies awarded shall exclude attorney’s fees.

4.6.6 Under no circumstances shall terms of the license or any modifications thereto renew automatically, which would obligate funds in advance of funds being appropriated in contravention of the Anti- Deficiency Act.

4.6.7 The Licensor understands that the ultimate purpose of the Licensee entering into this license with the Licensor is for the Licensor to supply to the Government technical data, computer software and computer software documentation to be used by the Government to BPP radars for SSM-R. Accordingly, should the Government use, release or disclose the items described in the applicable license(s) in a manner inconsistent with the terms of the license(s), the Government shall not be required to remove, uninstall or stop using those items or return such items to the Licensee and the Licensor’s remedy will be limited to monetary damages.

4.6.8 In the event of inconsistencies between the license and Federal law, Federal law shall apply.

4.6.9 Copies of this license may be disclosed to third parties consistent with the Freedom of Information Act.

4.6.10 The Government shall not be required to comply with the terms and conditions of any license that is inconsistent with any applicable laws, regulations or policies listed in DFARS 252.225-7048 Export Controlled Items.

4.6.11 Any claim the Licensee files with the Government on behalf of the Licensor, and any claim the Government files with the Licensor, shall be submitted within the period specified in FAR 52.233-01 (“Disputes”) as modified by Contract [Contracting Officer to add once known].

APPENDIX A INSTRUCTIONS FOR COMPLETING SSM-R

ATTACHMENT 2

A1.0 The following instructions describe the steps for preparing, maintaining and updating the sections of this Attachment, which provides comprehensive documentation of the Government’s rights in data for the SSM-R Contract.

1. For noncommercial technical data, computer software (including firmware) and computer software documentation, to include development tools, the contractor shall complete the following actions:

a. For the initial proposal, the offeror shall enter “See Section J, Attachment 5, Rights in Data” in the “Identification and Assertion of Restrictions” table in DFARS 252.227-7017(d). The offeror shall date and sign the signature section of the provision per its instructions.

b. For the initial proposal, if not asserting any restrictions on noncommercial data items, the offeror shall enter “None” in the first row of Table 1, Column 1, leaving all other columns blank. In this case, the offeror shall also enter “None” in the first row of Table 2, Column 1, leaving all other columns blank and in the first row of Table 3, Column 1, leaving all other columns blank. For each subsequent proposal, if not asserting any restrictions on noncommercial data items, the offeror shall make no changes to the data item entries, if any, in Table 1. In this case, the offeror shall also make no changes to the data item entries, if any, in Table 2 and in Table 3. For any items included in Table 2, the offeror/contractor shall list any license agreements in Appendix B.

c. For the initial proposal and any subsequent proposal, if asserting restrictions on noncommercial data items, the offeror/contractor shall complete entries in Table 1, Table 2 and Table 3 for each item the offeror will provide with restrictions. The offeror/contractor shall list all applicable license agreements in Appendix B and attach copies of each license.

1) If the Asserted Rights Category identified in Column 3 of Table 1 is “GPR,” the contractor shall enter “N/A” in Column 5 and in Column 6. For each item identified in Table 1, the contractor shall also identify specifically the data item with “GPR” in Table 2.

2) If the Asserted Rights Category identified in Column 3 is “Limited” and the contractor is willing to provide additional rights pertaining to that data item, the contractor shall enter the level of rights offered in Column 5 and the price for such rights in Column 6 [note: this price shall match the price identified in the IDIQ contract CLIN (or subCLIN) corresponding to the Order in which the data item is included]. If the contractor is not willing to provide additional rights, the contractor shall enter “No” in Column 5 and “N/A” in Column 6. The contractor shall specifically identify each data item with restricted rights in Table 2. The Asserted Rights Category in Table 2 shall match the Asserted Rights Category in Table 1 until the Government purchases any offered additional rights. For each data item with “Limited” rights for which the contractor is willing to provide additional rights, the contractor shall prepare and submit to the Contracting Officer a license agreement documenting the additional rights and shall list such license agreement as a license in Appendix B. The contractor shall specifically identify each data item with restricted rights in Table 3. The contractor shall identify if whether covered Government support contractors will be required to enter into non-disclosure agreements or the contractor is waiving the requirement.

3) If the Asserted Rights Category identified in Column 3 is “Restricted” and the contractor is willing to provide additional rights pertaining to that data item, the contractor shall enter the level of rights offered in Column 5 and the price for such rights in Column 6 [note: this price shall match the price identified in the IDIQ contract CLIN (or subCLIN) corresponding to the Order in which the data item is included]. If the contractor is not willing to provide additional rights, the contractor shall enter “No” in Column 5 and “N/A” in Column 6. The contractor shall specifically identify each data item with restricted rights in Table 2. The Asserted Rights Category in Table 2 shall match the Asserted Rights Category in Table 1 until the Government purchases any offered additional rights. For each data item with “Restricted” rights for which the contractor is willing to provide additional rights, the contractor shall prepare and submit to the Contracting Officer a license agreement documenting the additional rights and shall list such license agreement as a license in Appendix B. The contractor shall specifically identify each data item with restricted rights in Table 3. The contractor shall identify if whether covered Government support contractors will be required to enter into non-disclosure agreements or the contractor is waiving the requirement.

d. The contractor shall update the “As of” entries in Table 1, Table 2, Table 3 and Table B1 to the current Order.

2. For commercial technical data (including computer software documentation), the contractor shall complete the following actions:

a. For the initial proposal, the offeror shall enter in Table 4 all commercial technical data items (including computer software documentation) where the contractor (or the party asserting restrictions) requires covered Government support contractors to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions). If the offeror (or the party asserting restrictions as identified in a restrictive legend) does not waive the requirement for covered Government support contractors to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions), the offeror shall enter “Yes” in Column 4. For each subsequent proposal, the contractor shall enter all commercial technical data items (including computer software documentation) proposed to be delivered where covered Government support contractors will be required to enter into a non-disclosure agreement directly with the contractor (or the party asserting restrictions).

b. The offeror/contractor shall list each license agreement in Appendix D, Table D1 and attach a copy of the license. For any commercial technical data where the license is tied to commercial computer software and is included in Appendix C, do not include a second copy of license in Appendix D.

c. The contractor shall update the “As of” entries in Table 4 and Table D1 to the current Order.

3. For the initial proposal, the offeror shall complete the actions for each new commercial computer software item. Following contract award, all commercial computer software applicable to the SSM-R Contract will be included:

a. Complete all entries in Table 5 and Appendix C, Table C1.

b. List all applicable license agreements in Appendix C, Table C1 and attach a copy of each license.

c. Update the “As of” entries in Table 5 and Table C1 to the current Order.

APPENDIX B NONCOMMERCIAL TECHNICAL DATA, COMPUTER

SOFTWARE AND COMPUTER SOFTWARE DOCUMENTATION

LICENSE LISTING

Table B1 Noncommercial Technical Data, Computer Software and Computer Software Documentation License Listing

Column 1 Column 2 Column 3 Column 4

Order 1 Data Item

No. 1 Data Item Title (Subtitle), Name or Description License Number 2

1. The data entered for the Order (e.g., F0001 for Order FA8723-17-F-0001) and Data Item Number (e.g., A001) shall be the same as those listed in Table 2.

2. The License Number shall identify the license number or other unique identifier, if any.

ATCH 5, SSM-R RIGHTS IN DATA

APPENDIX C COMMERCIAL COMPUTER SOFTWARE LICENSE LISTING

Table C1 Commercial Computer Software License Listing

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8 Column 9 Column 10

Table 5 Ref. No. 1

Computer Software Application Trade Name

Version No.

or Issue Date

License Number

Quantity/ No. of Copies 2

Data Item No. 3

Work Statement Reference 4

System Architecture Component, Location, etc. 5

License Renewal Date

Renewal Fees/Costs

1. The Table 5 Reference Number shall be the same as the Column 1 entry for each data item. This entry provides the cross-reference between Table 5 and this Table.

2. For a given computer application, when all identifying information (Application Trade Name, Version Number and or Issue Date and License Number are all the same for multiple copies, Column 5 will list the number of licenses rather than listing each license separately.

3. Specifically identify items by Order (e.g., F0001 for Order FA8723-17-F-0001), CLIN and Data Item Number or other identification designator to clearly identify each data item. If the Order and CLIN are cited in Table 5, only cite the Data Item Number here.

4. Specify the requirement in the applicable work statement driving the need for the commercial software/software documentation.

5. Identify the software’s location in the system as defined by function diagrams, architecture diagrams, drawings, etc.

ATCH 5, SSM-R RIGHTS IN DATA

APPENDIX D COMMERCIAL TECHNICAL DATA AND COMPUTER

SOFTWARE DOCUMENTATION LICENSE LISTING

Table D1 Commercial Technical Data and Computer Software Documentation License Listing

Order 1 Data Item

No. 1 Data Item Title (Subtitle), Name or Description License Number 2

1. The data entered for the Order (e.g., F0001 for Order FA8723-17-F-0001) and Data Item Number shall be the same as those listed in Table 2.

2. The License Number shall identify the license number or other unique identifier, if any.