FCC_-_ISAS_-_Rights_in_Data_Addendum.pdf

RIGHTS IN DATA ADDENDUM

a. The allocation of rights for all data first produced in performance of this contract that are derived or collected from the FCC or auction bidder inputs or other submissions into the software system is governed by FAR 52.227-17. Such data is the property of the Federal Government. All such data shall be provided by the Contractor as requested during the contract period and at the completion of the contract period. Special data requests shall occur as needed. The format of the data shall be in electronic formats, which shall include, without limitation, the Microsoft Office suite of products and other business standard formats, such as defined XML or CSV.

b. Throughout the entire auction process, from bidder expression of interest through the posting of winning bids, the system must be secured so that bid information shall not be compromised. When requested by the FCC (expected to be within 30 days after auction winners announced) the Contractor must deliver all public and non-public data to the FCC. When accepted by the FCC, the Contractor must permanently remove this data from its computer systems, and submit a letter certifying the data has been permanently removed from their systems and fully explain the process by which it was removed.

c. The allocation of rights for all data first produced in performance of this contract and not first produced in performance of this contract, other than the data discussed in paragraphs a. and b.,is governed by FAR 52.227-14 and its Alternates. Such data includes any modifications to the system software. With respect to such data, this paragraph operates as a collateral agreement on rights in data under FAR 52.227-14 and alternates included in this contract. It supplements that clause and provides additional terms and conditions addressing (c)(1), (2)(ii), (d)(2), and (g)(4)(i)(Restricted Rights Notice), among other subordinate subsections. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced in the performance of this contract, for purposes other than performance of this contract, only as permitted by the Contracting Officer. Copyrighting under FAR 52.227-14(c)(1) or release of data under FAR 52.227-14(d) is authorized only as allowed by this contract for contract performance or as otherwise authorized by the Contracting Officer on an individual or class basis. For purposes of FAR 52.227-14(g)(4)(i), Restricteded Right Notice (DEC 2007) … (b)(5) and (d), the commercial item software is acquired for any purpose expressly contemplated by the contract or reasonably related thereto, or any purpose necessary or desirable in fulfilling §§ 309, 923, 928, 1006, 1401, 1404, 1413, and 1451-1452 of Title 47 of the United States Code or its implementing regulations.

(d) Upon termination or expiration of the contract, the Contractor shall transfer to the FCC a copy of system software to use or the rights to use a software service (if and as modified) for a period of eight years, and without financial obligation, for archival purposes, such as toobserve, investigate, retrieve, act upon, process, reprocess, or recreate FCC and auction bidder information, as submitted and processed. Any contract or license for data, including software, used in conjunction with the software shall provide for the same archival use rights.