Att 7 - ID of Commercial Data Rights.doc

N00024-176-R-2217 Attachment 7

Identification and Assertion of Use, Release, or Disclosure Restrictions of Technical Data Commercial Items.

(a) The identification and assertion requirements in this provision apply only to technical data for commercial items to be delivered that require license rights as defined in DFARS Clause 252.227-7015 Technical Data-Commercial Items. Notification and identification is not required for restrictions based solely on copyright.

(b) Quotes submitted in response to this solicitation shall identify, to the extent known at the time an quote is submitted to the Government, the commercial technical data that the vendor, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.

(c) The vendor's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment to its quote in the following format, dated and signed by an official authorized to contractually obligate the vendor:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Commercial Technical Data.

The vendor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:

Commercial Technical Data

Name of Person

*For technical data pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process.

**Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., license rights, government purpose rights under this or a prior contract, specially negotiated licenses, or unlimited).

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

*****Enter “none” when all data or software will be submitted without restrictions.

(End of identification and assertion)

(d) An vendor's failure to submit, complete, or sign the notification and identification required by paragraph (c) of this provision with its quote may render the quote ineligible for award.

(e) If the vendor is awarded a contract, the assertions identified in paragraph of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the vendor shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

(f) Special License Marking Requirements for Commercial Data (if applicable)

The contractor shall place the following legend on all technical data relating to commercial items and all commercial computer software that are identified to require Special License Rights under DFARS Clause 252.227-7015:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No._(Insert contract number)____, License No. (Insert license identifier)____. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

(End of provision)