J-18_NAV_Restrictions_on_Technical_Data_Form.pdf

NOAA AGOR VARIANT (NAV)

Restrictions on Technical Data Form

Attachment J-18

Version 1.0

26 April 2018

Solicitation No. N00024-18-R-2201

DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited.

N00024-18-R-2201

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 a 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 to be Furnished that Requires

License*

Basis for Assertion** Asserted Rights

Category***

Name of Person

Asserting

Restrictions****

(LIST)***** (LIST) (LIST) (LIST)

*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.

Date Printed Name and Title

Signature

(End of identification and assertion)

(d) A 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)

Offerors shall provide the information required by the below clause, DFARS 252.224-7017. If the Offeror does not intend to assert restrictions on any Noncommercial Technical Data, Computer Software, or Computer Software Documentation, the Offeror shall insert “NONE” in the table required by Paragraph (d) below.

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

As prescribed in 227.7103-3(b), 227.7104(e)(2), or 227.7203-3(a), use the following provision:

IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE

RESTRICTIONS (JAN 2011)

(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation—

(1) If a successful offeror will be required to deliver technical data, the Rights in Technical

Data--Noncommercial Items clause, or, if this solicitation contemplates a contract under the

Small Business Innovation Research Program, the Rights in

Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program Clause

(2) If a successful offeror will not be required to deliver technical data, the Rights in

Noncommercial Computer Software and Noncommercial Computer Software

Documentation clause, or, if this solicitation contemplates a contract under the Small

Business Innovation Research Program, the Rights in Noncommercial Technical Data and

Computer Software--Small Business Innovation Research (SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovation Research

Program, the notification and identification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.

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

http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/227_72.htm

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

The Offeror 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 or Computer Software to be

Furnished with Restrictions*

Basis for Assertion** Asserted Rights

Category***

Name of Person

Asserting

Restrictions****

(LIST)***** (LIST) (LIST) (LIST)

*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation identify the software or documentation.

**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. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

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

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

Date Printed Name and Title

Signature

(End of identification and assertion)

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

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the

Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

(End of provision)