L-7_Intellectual_Property_Schedule.docx

UNCLASSIFIED

Contract Name: FS3i Contractor Name: {XXX Company} Solicitation No: HM047625R0016 Intellectual Property Schedule Table 1

(U) Data Rights Summary, Non-Commercial for Technical Data, Computer Software, and Computer Software Documentation

Table is Unclassified

Table is Unclassified

The Offeror must complete Table 1 in the following manner:

1) Fill in all columns of the table identifying all non-commercial Technical Data, commercial Computer Software, and commercial Computer Software Documentation that are necessary to perform the requirements of the PWS.

2) Insert the appropriate CLIN reference(s) in the third column that corresponds to the effort required to deliver the specific deliverable.

3) With regard to the items of Technical Data, Computer Software, and Computer Software Documentation, insert either “U” for Unlimited (for Technical Data, Computer Software, and Computer Software Documentation), “R” for Restricted (for Computer Software), “GPR” for Government Purpose Rights (for either Technical Data, Computer Software, or Computer Software Documentation), “L” for Limited (for Technical Data or Computer Software Documentation), or “N/A” for Data Rights not Required and “Other” for Other Information that Cannot Be Easily Categorized. If the Offeror's asserted proposed rights differ than the minimum rights required by the Government, the Offeror shall annotate the respective cell and provide explanation for the difference.

4) If a deliverable will require delivery of multiple categories of data (Technical Data and/or Computer Software), the Offeror shall propose one level of data rights for each of those deliverables and all of its components. If this is not possible, the Offeror shall annotate the respective cell, indicate the proposed rights in Column 6, and explain its applicability in Column 7.

Table 2

(U) Data Rights Summary, Commercial for Technical Data, Computer Software, and Computer Software Documentation License List

Table is Unclassified

The Offeror must complete Table 2 in the following manner:

1) Fill in all columns of the table identifying all commercial Technical Data, commercial Computer Software, and commercial Computer Software Documentation licenses that are necessary to perform the requirements of the PWS. Unclear or “summary level” descriptions and information or incomplete entries are not acceptable and may render the proposal nonresponsive to this solicitation.

2) If various technical data/software applications are required to generate a deliverable, each technical data/software application must be listed separately in the table.

3) All licenses must be included as part of the Intellectual Property Volume as appendices.

NOTE: Regardless of any compliance document referenced in the PWS, any Technical Data, Computer Software, and Computer Software Documentation that will be used during performance of the contract and/or incorporated into any contract deliverable, and that is to be direct charged to the contract, shall be identified and included in Table 2 and copies of ALL licenses associated with the Technical Data, Computer Software, and Computer Software Documentation shall be provided as a separate appendix.

It is unacceptable to provide an incomplete appendix providing a single “sample license” stating that final licenses will be provided upon execution during contract performance. Nor is it acceptable to state that all Technical Data, Computer Software, and Computer Software Documentation must be provided by the Government.

4) If any of the technical data or computer software listed by the Offeror in Table 2 is changed during the life of the contract (e.g., updates software maintenance patches, version changes, new releases, substitutions) the Contractor shall deliver the rights to the changed technical data or computer software at no additional cost to the U.S. Government.

5) In addition to the data provided in Table 2, the Offeror shall submit one copy of every license listed in Column 5 of Table 2 that is associated with any technical data or computer software the Offeror will purchase (or use) from that vendor and subsequently deliver to the Government as an appendix to the Intellectual Property Volume.

NOTE: Standard commercial-off-the-shelf (COTS) licenses (such as Microsoft Office) for software that will not be direct charged and/or subsequently delivered with, or embedded within any contract deliverable need not be listed nor copies of the license(s) provided. For those commercial licenses to be direct charged to the contract, the Offeror’s appendix to the Intellectual Property Volume must include each vendor listed in Table 2. This request includes, but is not limited to all licenses associated with a Public Domain/Open Source Software (PD/OSS) (including licenses to the base software application and all dependencies) proposed to be delivered to the Government under any deliverable or CLIN listed in the order in which that license appears in that table. If an Offeror proposes to direct charge and deliver such software to the Government, the base license(s) associated with that PD/OSS may incorporate by reference licenses from dependent PD/OSS. Under such circumstances, to minimize duplication of such dependent licenses in the Offeror’s appendix to the Intellectual Property Volume, the Offeror shall:

(i) list those dependent licenses separately following a copy of the base license and indicate the Table and No. that/those dependent licenses(s) may be found, and

(ii) include only one copy of that/those dependent license(s) in the appendix for that vendor.

Each non-PD/OSS license contained in the appendix shall expressly refer to the identical vendor, trade name, version number and issue date of that technical data or computer software listed in Table 2.

The Government expects that prior to selecting and inserting any proposed license into, the Offeror will have carefully read the license to ensure that its terms and conditions are consistent with all requirements of this solicitation and are not contrary to Federal law. If terms and conditions that are contrary to Federal law and cannot be amended, the Contractor shall indemnify the Government of any potential infringement they may commit during the execution of the contract through the use of said licenses and shall so state in its proposal.

Table 3

(U) Non-Commercial Assertions List for Technical Data, Computer Software and Computer Software Documentation

Table is Unclassified

To Be Furnished With Restrictions

The Offeror must complete Table 3 in the following manner:

1) Fill in all columns of the table identifying all non-commercial Technical Data, Computer Software, and Computer Software Documentation that it asserts should be delivered with other than Unlimited Rights, which are necessary to perform the requirements of the PWS.

NOTE: In completing DFARS 252.227-7017 in Section K of the solicitation, the Offeror shall insert “See Intellectual Property Schedule, Table 3” and sign the certificate. The Offeror is advised that the required information set forth in DFARS 252.227-7017 with respect to the description of the asserted items in Column 3 of Table 2 must be clear and specific. For example, software assertions must include the Software title(s), Date of Version(s), and Version Number(s). Technical Data and Computer Software Documentation must include the specific document(s) titles, dates, and version numbers. Unclear or “summary level” descriptions are not acceptable and may render the proposal non-responsive to the solicitation. Additionally, if there is no technical data or software to be delivered with less than Unlimited Rights, the Offeror shall submit “None” in the body of Table 3. For any deliverables proposed for delivery (in Table 1) with any data rights other than Unlimited (to include GPR) the Offeror shall identify the restrictive elements of the Technical Data, Computer Software, and Computer Software Documentation that are applicable to the deliverable that warrant data rights less than Unlimited.

Table 4

(U) Prior Delivery List for Technical Data, Computer Software and Computer Software Documentation

Table is Unclassified

The Offeror must complete Table 4 in the following manner:

1) Fill in all columns of the table identifying all non-commercial Technical Data, Computer Software, and Computer Software Documentation, necessary to perform the requirements of PWS, which the Offeror intends to deliver with other than Unlimited Rights and that are identical or substantially similar to Technical Data, Computer Software, and Computer Software Documentation that the Offeror has delivered to, or is obligated to deliver to, the Government under any contract or subcontract.

NOTE: In completing DFARS 252.227-7028 incorporated in Section L of the solicitation, the Offeror shall include within the appendix to the Intellectual Property Volume an insertion “See Intellectual Property Schedule, Table 4” and sign the certificate. Offerors are advised that the required prior delivery information must be clear and specific. For example, software assertions must include the Software title(s), Date of Version(s), and Version Number(s). Technical Data and Computer Software Documentation must include the specific document(s) titles, dates, and version numbers. Unclear or “summary level” descriptions are not acceptable and may render the proposal non-responsive to the solicitation. Additionally, if there is no technical data or software to be identified in the Prior Delivery List, the Offeror shall submit “None” in the body of Table 4.

2) If the Offeror proposed previously delivered data provided with a “Special License” the Offeror shall provide a copy of the license and the terms contained within.

Table 5

(U) Specifically Negotiated License Rights List (Special Licenses) for Technical Data, Computer Software, and Computer Software Documentation

Table is Unclassified

Software Item Title

Version No.

Complete Description of Non-Standard Restrictions

The Offeror must complete Table 5 in the following manner:

1) Fill in all columns of the table identifying all Technical Data, Computer Software, and Computer Software Documentation, necessary to perform the requirements of the PWS, which the Offeror asserts should be delivered with Negotiated License rights or other non-standard rights (Special Licenses) (as discussed at DFARS 252.227-7013 and 252.227-7014). The table must include a complete description of all such proposed non-standard restrictions on the Government’s ability to use, modify, release, perform, display, or disclose such Technical Data, Computer Software, and Computer Software Documentation. Unclear or “summary level” descriptions are not acceptable and may render the proposal non-responsive to the solicitation. Additionally, if there is no technical data or software to be identified, the Offeror shall, enter “None” in the body of Table 5.

Table 6

(U) Background Patent List

Table is Unclassified

Serial No.

The Offeror must complete Table 6 in the following manner:

1) Fill in all columns of the table identifying all background inventions necessary to perform the requirements of the PWS.

NOTE: A “background invention” is any invention, other than a subject invention, that is covered by any patent or pending patent application in which the Offeror (including its proposed subcontractors or suppliers at any tier) (i) has any right, title, or interest; and (ii) proposes to incorporate into any items or components. Unclear or “summary level” descriptions of background patents are not acceptable and may render the proposal non-responsive to the solicitation. If there is no information to be included in the Background Patent List, the Offeror shall submit “None” in the body of Table 6.

Table 7

(U) Third Party Patent List Identification and Licensing

Table is Unclassified

Serial No.

The Offeror must complete Table 7 in the following manner:

1) Fill in all columns of the table identifying all third-party patent rights, necessary to perform the requirements of the PWS, for which the Offeror intends to pay royalties and the amount of the royalties.

NOTE: Unclear or “summary level” descriptions of third-party patents are not acceptable and may render the proposal non-responsive to the solicitation. If there is no information to be included in the Third Party Patent List, the Offeror shall enter “None” in the body of Table 7.