Attachment_7_-_Rights_In_Data_-_Amendment_004.pdf

UNCLASSIFIED

US AIR FORCE SPACE AND MISSILE SYSTEMS CENTER (SMC)

MILITARY SATELLITE COMMUNICATION (MILSATCOM)

SYSTEM DIRECTORATE (SMC/MC)

PROTECTED TACTICAL ENTERPRISE SERVICE (PTES)

Attachment 7

Rights in Data

(Including Technical Data, Computer Software, and Computer Software Documentation)

20 February 2018

Issued By

Air Force Space and Missile Systems Center

MILSATCOM Directorate (SMC/MC)

483 N. Aviation Blvd

El Segundo, CA 90245

DISTRIBUTION STATEMENT D. Distribution authorized to the DoD and U.S. DoD contractors only. Date of determination is 15 March 2015. This document contains information exempt from mandatory disclosure under the FOIA. Other requests shall be referred to

SMC/MCES.

WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App. 2401 et seq.), as amended. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

Other requests for this document will be referred to SMC/MC and SMC/MC Security Office. Destroy document/media by any method that will prevent disclosure of contents or reconstruction.

[This page intentionally left blank]

a. Introduction. The purpose of Attachment 7 is to identify the rights the U.S. Government will acquire to all PTES development, production and sustainment data, computer software and computer software documentation delivered or otherwise provided to the Government during performance of this contract. Subsection c(1) and associated Table 1 identifies the rights the U.S.

Government will acquire to all such noncommercial technical data, computer software and computer software documentation. Subsection c(2) and associated Table 2 identifies the rights the U.S. Government will acquire to all such commercial item technical data, computer software and computer software documentation. Subsection c(3) and associated Table 3 identify the Special License Rights Category A (SLRC-A) which consist of rights in data other than technical data, computer software or computer software documentation.

b. Definitions.

“Data” is defined in FAR §27.401. It includes technical data, computer software, and computer software documentation (as those terms are defined in this subsection);

schedule/milestone data; and financial data (including the Contractor’s cost/schedule management system/records and accounting system), irrespective of whether that data is required to be delivered via Exhibit A.

“Commercial item” is defined in FAR § 2.101.

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

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

“Firmware” is defined in SMC Standard SMC-S-012.

“Licensee” is defined as the PTES contractor.

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

“Technical data” is defined in DFARS § 252.227-7013(a)(14).

c. Types of Rights.

(1) Rights in noncommercial technical data, computer software and computer software documentation. The Government shall have the rights in noncommercial technical data, computer software and computer software documentation described in Table 1 below. All technical data, computer software and computer software documentation delivered or otherwise provided to the Government during performance of this contract under any CDRL or CLIN is classified as noncommercial technical data, computer software, or computer software documentation unless expressly identified as commercial technical data, computer software, or computer software documentation in Table 2 below.

(i) Any price for rights listed in Table 1 should exclude the cost (including all direct and indirect costs and profit/fee) of the development, creation, and delivery of data associated with the CDRL. Those costs should be built into the CLIN under which the data is to be delivered (e.g. CLIN 0001-0003). No such costs or profit/fee shall be contained in any other CLIN.

(ii) The price of any rights in data described above includes the price of the rights in data to any changes (e.g. updates, software maintenance, minor version changes (e.g.

V1.1 to V1.2, but not V1.1 to V2.0) made to that data by the Contractor anytime during performance at no additional cost to the Government. A $0 (zero) indicates that the rights associated with that CDRL are available to the U.S. Government at no cost. An "N/A" means "Not Applicable" (i.e., the CDRL does not contain technical data or computer software). For those items below where the Government has not already listed “Unlimited Rights,” provide “Government Purpose Rights” or higher.

(iii) Complete Table 1 – Rights in Noncommercial Technical Data, Computer Software, and Computer Software Documentation in the following manner:

a) Fill in Column 4 – OFFEROR PROPOSED RIGHTS with the rights asserted for the numbered CDRL listed.

b) Insert a proposed estimated cost into each cell in Column 5 for those items of technical data or computer software to be delivered through the associated CDRL listed in Column 1. The Government notes that it is entitled to Unlimited Rights in technical data and computer software associated with certain items delivered under this contract in certain situations, even where those items were not developed exclusively with Government funding (see DFARS 252.227-7013(b)(1)(ii, iv-ix) and DFARS 252.227-7014(b)(1)(ii-vi).

c) In the event the Offeror’s Proposed Rights (Column 4) differ from the

Governments Desired Rights (Column 3), the offeror shall address the difference in Appendix B to Attachment 7 – DIFFERENCES IN

OFFEROR PROPOSED AND GOVERNMENT DESIRED DATA

RIGHTS. In accordance with DFARS 252.227-7013(e)(4) and DFARS 252.227-7014(e)(4), the Contracting Officer requests the Offeror submit to the Government with their proposal sufficient information to evaluate all assertions of Data Rights less than the Government’s desired rights. At a minimum, the Offeror shall submit for each instance of a difference in Offeror Proposed and Government Desired Rights documents to support justification of development exclusively at private expense. This may include IRAD numbers, cognizant DCMA office which is able to verify this IRAD number, and a signed letter on company letterhead certifying said project was developed without Government funding.

Table 1

Rights in Noncommercial Technical Data, Computer

Software, and Computer Software Documentation

Column 1 Column 2 Column 3 Column 4 Column 5

CDRL

NUMBER

DATA ITEM TITLE

(SUBTITLE)

GOVERNMENT

DESIRED

RIGHTS

OFFEROR

PROPOSED

RIGHTS

PRICE

A001, B001, C001

Systems Engineering Management Plan (SEMP)

Government Purpose

A002, B002, C002

Operational Concept Description (OCD) Unlimited

A003 Reserved A004, B004, C004, E004, F004

Data Accession List (DAL) Government

A005, B005, C005

System Integration and Test Plan (SITP)

A006, B006, C006

System/Subsystem Design Description (SSDD) and Solution Architecture Unlimited

A008, B008, C008

Design Review Information Package

(DRIP)

A010, B010, C010

Software Development Plan (SDP)

A011, B011, C011

Software Architecture Description (SAD) Unlimited

A012, B012, B012

Database Design Description (DBDD) Unlimited

A013, B013, C013

Software Requirements Specification (SRS) – Joint Hub Unlimited

A014, B014, C014

Software Test Plan (STP)

A015, B015, C015

Software Test Description (STD) Unlimited

A016, B016, C016

Software Test Report

(STR)

A017, B017, C017

Software User Manual (SUM) Unlimited

A018, B018, C018

Software Product Specification (SPS) – Technical Data

Software Product Specification (SPS) – Computer Software

A019, B019, C019

Software Version Description (SVD) Unlimited

A020, B020, C020

Software Resources Data Reporting: Development and Maintenance Reports and Data Dictionary

A021, B021, C021

Software and System Measurement Report

(SSMR)

A022, B022, C022

Firmware Support Manual (FSM) Unlimited

A023, B023, C023

Software Transition Plan (STrP) Unlimited

A024, B024, C024

Agile Product Backlog/Product Roadmap Unlimited

A025, B025, C025 Reserved A026, B026, C026

PTES System Specification Unlimited

A027, B027, C027

Requirements Traceability Matrix (RTM) Unlimited

A028, B028, C028

Specification Change Notice (SCN)/Interface Revision Notice (IRN) Unlimited

A029, B029, C029

Mission Management System to Key Management System (MMS – KMS) ICD Unlimited

A030, B030, C030

Mission Management System to Joint Hub (MMS

– Joint Hub) ICD Unlimited

A031, B031, C031

Mission Management System to Key Loading and Initialization Facility (MMS – KLIF) ICD Unlimited

A032, B032, C032

Key Management System to End Cryptographic Unit (KMS – ECU) ICD Unlimited

A033, B033, C033

Joint Hub to End Cryptographic Unit (Joint Hub – ECU) ICD Unlimited

A034.x, B034.x, C034.x

Other External and Intra- Segment ICDs

Unlimited

A035, B035, C035

System Safety Program Plan (SSPP) Unlimited

A036, B036, C036

Safety Assessment Report (SAR) Unlimited

A037, B037, C037

Contractor’s Risk Management Plan (RMP)

A038, B038, C038

Risk Management Status Report

A039, B039, C039

Human Engineering Program Plan (HEPP) Unlimited

A040, B040, C040

Contractor's Configuration/Data Management Plan

A041, B041, C041

Engineering Change Proposal (ECP)/Contract Change Proposal (CCP) – Technical Data Unlimited

A042, B042, C042

Request for Variance

(RFV)

A043, B043, C043

Cybersecurity Implementation Plan

(CSIP)

A044, B044, C044

Cybersecurity Test & Verification Plan (CTVP)

A045, B045, C045

Operating System and Software Patching Plan

(OSSPP)

A046, B06, C046

Program Protection Implementation Plan

(PPIP)

A047, B047, C047

Key and Certificate Management Plan (KCMP)

– KMS ECU Unlimited

A048, B048, C048

Key and Certificate Management Plan (KCMP)

– Joint Hub ECU Unlimited

A049, B049, C049

PTES System Verification Plan (SVP)

A050, B050, C050, E050

System Test Plan

A051, B052, C052, E052

Test Procedure

A052, B052, C052, E052

Test Reports

A059, B059, C059

Product Support Plan (PSP) Unlimited

A060, B060, C060

Reliability And Maintainability (R&M) Program Plan

A061, B061, C061

Combined Logistics Analysis Report (CLAR)

A062, B062, C062

Logistics Support Analysis

A063, B063, C063, F063

Level of Repair Analysis (LORA) Report

A064, B064, C064, E064, F064

Product Drawings/Models and Associated Lists – Joint Hub Unlimited

A065, B065, C065, F065

Priced Bill of Materials (BOM) Unlimited

A066, B066, C066

PTES Segment Specification (MMS) Unlimited

A067, B067, C067

Specification (KMS) Unlimited

A068, B068, C068

Specification (KLIF) Unlimited

A069, B069, C069

Security Evaluation Document (SED) – KMS

ECU

A070, B070, C070

Security Evaluation Document (SED) – Joint Hub ECU

A071, B071, C071

Security Verification Plan and Procedures – KMS

ECU

A072, B072, C072

Security Verification Plan and Procedures – Joint Hub

ECU

B073, C073 Security Verification Report (SVR) – KMS ECU

B074, C074

Security Verification Report (SVR) – Joint Hub

ECU

A075, B075, C075

Software Development Process Description Document – KMS ECU

A076, B076, C076

Software Development Process Description Document – Joint Hub

ECU

A077, B077, C077

Software/Hardware Requirements Specification

(SHRS) – KMS ECU

A078, B078, C078

Software/Hardware Requirements Specification (SHRS) – Joint Hub ECU

A079, B079, C079

Software/Hardware Design Description (SHDD) –

KMS ECU

A080, B080, C080

Software/Hardware Design Description (SHDD) – Joint Hub ECU

A081, B081, C081

Software and Programmable Logic Evaluation Report

(SPLER) – KMS ECU

A082, B082, C082

Software and Programmable Logic Evaluation Report (SPLER) – Joint Hub ECU

B083, C083

Physical Configuration Audit Plan (PCAP) – KMS

ECU

B084, C084

Physical Configuration Audit Plan (PCAP) – Joint Hub ECU

B085, C085

Physical Configuration Audit Report (PCAR) –

KMS ECU

B086, C086

Physical Configuration Audit Report (PCAR) – Joint Hub ECU

A087, B087, C087, E087, F087, G087 Reserved A088, B088, C088, E088, F088, G088 Reserved

B089, C089

TEMPEST Test Plan –

KMS ECU

B090, C090

TEMPEST Test Plan – Joint Hub ECU

B091, B091 TEMPEST Test Report –

KMS ECU

B092, C092

TEMPEST Test Report – Joint Hub ECU

B093, C093 In-Process Accounting Procedures – KMS ECU

B094, C094

In-Process Accounting Procedures – Joint Hub

ECU

B095, C095

Security Production Assurance (SPA) Description – KMS ECU

B096, C096

Security Production Assurance (SPA) Description – Joint Hub

ECU

A097, B097, C097

Product Drawings/Models and Associated Lists –

KMS ECU

A098, B098, C098

Product Drawings/Models and Associated Lists – Joint Hub ECU

A099, B099, C099, E099, F099, G099 Reserved A100, B100, C100, E100, F100, G100 Reserved

A101, B101, C101

Information Systems Security (INFOSEC) Anonymity Plan (IAP) –

KMS ECU

A102, B102, C102

Information Systems Security (INFOSEC) Anonymity Plan (IAP) – Joint Hub ECU

A103, B103, C103

Segment Specification -

KMS ECU

A104, B104, C104

Segment Specification - Joint Hub ECU

A105, B105, C105

Segment Specification - Joint Hub Unlimited

A106, B106, C106, E106

System Level Test Readiness Review Briefing

B107, C107 Modem Certification Data Package

B108, C108 Depot Maintenance Study

B109, C109 Request for Nomenclature (DD Form 61)

B110, C110, F110

Installation, Operation, Support, and Maintenance Manuals Unlimited

B111, C111 Reserved B112, C112, F112 Training Materials Unlimited

B113, C113 Warranty Performance Reports

A114, B114, C114, E114, F114, G114 Reserved

C115 IDE Data Base

A116, B116, C116, F116

Reliability and Maintainability Reports

A117, B117, C117

Hardware/Software List

A118, B119, C119

Ports, Protocols and Services (PPS)

A119, B119, C119

Cybersecurity Architecture

G120 Training Situation Document Unlimited

G121 Instructional Media Design Package Unlimited

G122 Training Conduct Support

G123 Test Package Unlimited $

G124 Training System Support

G125 Instructional Performance Requirements Document Unlimited $

G126 Instructional Media Requirements Document Unlimited $

G127 Training Program Structure Document Unlimited $

G128 Course Conduct Information Package Unlimited $

G129 Training Evaluation Document Unlimited $

G130 Instructional Media Package Unlimited $

G131 Standard Technical Manual Unlimited $ G132 IETMS Technical Manual Unlimited $

Total Price $

(2) Rights in commercial technical data, computer software and computer software documentation - Table 2 lists the commercial item technical data, computer software and computer software documentation licenses that the Government will acquire. Copies of commercial licenses should be placed in Appendix A to this attachment. The contractor shall insert more lines if the number of commercial licenses necessitates this. In addition to the rights the Government will obtain in commercial item technical data, computer software, and computer software documentation listed in Table 2, the Government will acquire the following rights to that commercial technical data, computer software, and computer software documentation notwithstanding any statements to the contrary in any of the licenses listed in Table 2 that are contained in Appendix A:

(i) 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.

(ii) The commercial item licenses shall grant the Government unrestricted rights to items described in DFARS 252.227-7015(b)(1).

(iii) The Government may not, without the written permission of the Contractor, release or disclose the commercial item technical data, computer software, and computer software documentation outside the Government or use the commercial item technical data and computer software for manufacture, except 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 not to exceed the quantity specified in Column 3 of Table 2 for commercial item computer software.

(iv) Order of Precedence – Upon delivery of any commercial item technical data, 1395812781A Highlight 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:

(1) The duration of this license shall be, at a minimum, for the period of performance of this Contract (including options, if exercised) unless the license specifies a longer period.

(2) License rights related to technical data granted to the U.S. Government under DFARS 252.227-7015(b)(1) shall apply to all technical data associated with delivered computer software including, but not limited to, user’s manuals, installation instructions, and operating instructions.

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

(4) In accordance with FAR 52.232-39 – Unenforceability of

Unauthorized Obligation, any provision in any license that would require the Government to indemnify the Contractor is unenforceable against the Government.

(5) In the event the Licensee files a claim with the U.S. 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.

(6) Upon receiving written consent by the U.S. Government, the Licensor may be permitted to enter Government installations for purposes such as software usage audits or other forms of inspection.

(7) The Items provided hereunder may be installed and used at any U.S.

Government installation worldwide consistent with the provisions of the contract between the U.S. Government and the Licensee (e.g., limitations on number of executing instances of software, number of users, other processing volume limitations).

(8) Under no circumstances shall terms of the Agreement or any modifications thereto renew automatically so as to obligate funds in advance of funds being appropriated in contravention of the Anti-Deficiency Act.

(9) Licensor shall comply with, and all delivered Items, shall conform to, all applicable Government Security/Classification rules and regulations applicable to this Agreement, in particular those set forth in the applicable DD254 (Department of Defense, Contract Security Classification Specification).

(10) Licensor understands that the ultimate purpose of the Licensee entering into this Agreement with the Licensor is for the Licensor to supply to the U.S. Government a critical component of a weapons system. Accordingly, should the U.S. Government use, release or disclose the Items described in this Agreement in a manner inconsistent with the terms of this Agreement, the U.S.

Government shall not be required to deinstall and stop using those Items or return such Items to the Licensee and the Licensor’s remedy will be limited to monetary damages.

(11) In the event of inconsistencies between the License and Federal law

(e.g. FAR 52-232-25 (“Prompt Payment”), 52.246-3 (“Inspections of Supplies

– Cost Reimbursement”), Federal law shall apply.

(12) Copies of this license may be disclosed to third parties consistent with the Freedom of Information Act and Clause SMC-H006 of Contract FA8808- 15-R-0002.

(13) 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 252.204-7008 (“Requirements for Contracts Involving Export-Controlled Items”).

(14) Any claim the Licensee files with the U.S. Government on behalf of the Licensor and any claim the U.S. Government files with the Licensor, shall be submitted within the period specified in FAR 52.233-01 (“Disputes”).

(15) No individual other than a warranted contracting officer shall have the authority to bind the Government contractually.

(16) The Agreement and this Addendum shall apply through renewals or extensions, as needed, through and including the entire period of performance of Contract FA8808-17-R-0006.

(v) The Contractor shall not add, delete or replace any commercial item technical data, computer software, or computer software documentation listed in Table 2 from any CDRL unless the Government has approved that addition, deletion or replacement and the contract has been modified to add, delete or replace that item from the table and delete or replace the applicable license(s) from Appendix A.

(vi) Any price for rights listed in Table 2 should exclude the cost (including all direct and indirect costs and profit/fee) of the development, creation, and delivery of data associated with the CDRL. Those costs should be built into the CLIN under which the data is to be delivered (e.g. CLIN 0001-0003). No such costs or profit/fee shall be contained in any other CLIN.

(vii) The price of any rights in data described above includes the price of the rights in data to any changes (e.g. updates, software maintenance, minor version changes (e.g. V1.1 to V1.2, but not V1.1 to V2.0) made to that data by the Contractor anytime during performance.

(viii) Complete Table 2 – Rights in Commercial Technical Data, Computer

Software, and Computer Software Documentation in the following manner:

a) Identify in Column 1 the CDRL number or CLIN which will contain commercial technical data, computer software, and computer software documentation.

b) Identify in Column 2 the Data Item Title (Subtitle) of that CDRL or CLIN.

c) Identify in Column 3 the name(s) of all vendor(s) that will be supplying commercial item technical data or computer software in alphabetical order, the trade name(s) of the technical data or computer software application(s) and the version number or issue date of that technical data or computer software (e.g., “Adobe Acrobat 9”), and the license number(s) of that commercial item technical data or computer software to be provided as part of that CDRL or CLIN. Note: If the Offeror proposes to deliver any Public Domain/Open Source Software (PD/OSS), the Offeror shall only identify the base product in Column 3 – not the dependencies (e.g., PD/OSS licenses referenced in the proposed PD/OSS license).

d) Insert in Column 3 the quantity of seats associated with the licenses relating to the delivery of commercial item technical data, commercial item software, or commercial item software documentation the Offeror proposes to deliver to the Government in that CDRL or CLIN.

Table 2

Rights in Commercial Technical Data, Computer Software, and Computer Software Documentation

Column 1 Column 2 Column 3

CDRL NUMBER

DATA ITEM TITLE

(SUBTITLE)

LICENSE INFORMATION

B111, C111 Commercial off the Shelf (COTS) Manuals and Associated Supplemental Data

Unrestricted

(xiv) To ensure that the parties will maintain proper configuration control of all licenses throughout the performance of the resulting contract, the Offeror shall create an “Appendix A” to Attachment 7 with a separate tab for each vendor listed in Column 3 of Table 2 (e.g., “Appendix A-1: Adobe”). Insert into that separate tab one copy of every license listed in Column 3 of Table 2 associated with any technical data or computer software the Offeror will purchase from that vendor and subsequently deliver to the Government, including, but not limited to all licenses associated with any 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 CDRL or CLIN listed in the order in which that license appears in that table. If an Offeror proposes to 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 Appendix A the Offeror shall (1) list those dependent licenses on a separate sheet of paper immediately following a copy of the base license and indicate in which tab of Appendix A that/those dependent license(s) may be found, and (2) include only one copy of that/those dependent license(s) in a separate tab for that vendor. Each non- PD/OSS license contained in that 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 inserting any proposed license into Appendix A, the Offeror will have carefully read the license to ensure that its terms and conditions are consistent with all requirements of this solicitation.

(3) Special License Rights Category A (“SLRC-A”): Rights in data other than technical data, computer software or computer software documentation. The Government shall have the right to use, modify, perform, display or disclose all such data listed in Table 3 below, in whole or in part, within the Government. The Government may not, without the written permission of the Contractor, release or disclose that data outside the Government, use the data for manufacture, or authorize the data to be used by another party, except that the Government may reproduce, release or disclose such data or authorize the use or reproduction of such data by the following persons outside the Government (including their subcontractors) to perform their respective contract(s) listed below:

The Aerospace Corporation – FA8802-14-C-0001

LinQuest – FA8808-13-C-0009

MITRE - FA8702-15-C-0001

MIT Lincoln Laboratory – FA8702-15-D-0001

Johns Hopkins Applied Physics Laboratory - FA8819-09-D-0001

The Contractor agrees that the Government shall have the right to unilaterally add or delete contractors (and contracts) from this list at any time, and its exercise of that right shall not entitle the Contractor or its subcontractors to an equitable adjustment or a modification of any other terms and conditions of this contract.

(i) Complete Table 3 – Rights in Data Other Than Technical Data, Computer Software, or Computer Software Documentation by inserting a proposed estimated cost into Column 3 for the associated items in Columns 1-2, including only direct costs. If the Offeror is not willing to sell the rights described to an item listed in Table 3, the Offeror shall place the following character (--) in the corresponding Column 3 cell to signify that the Offeror is not willing to sell such rights to that item.

Table 3

Rights in Data Other Than Technical Data, Computer Software, or Computer Software Documentation

Column 1 Column 2 Column 3

CDRL NUMBER

DATA ITEM TITLE

(SUBTITLE)

Price

A007, B007, C007 Contract Work Breakdown Structure (CWBS) $

A009, B009, C009 Integrated Baseline Review (IBR) Package $

A041, B041, C041

Engineering Change Proposal (ECP)/Contract Change Proposal (CCP) – EVM Data $

A053, B053, C053 Program Management Review Briefing $

A054, B054, C054 Integrated Program Management Report (IPMR) $

A055, B055, C055 Contract Funds Status Report

(CFSR) $

A056, B056, C056 Cost Data Summary Report (DD Form 1921) $

A057, B057, C057 Functional Cost-Hour Report (DD Form 1921-1) $

A058, B058, C058 Contractor Business Data Report (DD Form 1921-3) $

Total Price $

d. Marking requirements.

(1) If the contents of any CDRL delivered to the Government contain commercial item technical data, computer software or computer software documentation, prior to delivery the

Contractor shall physically attach a copy of this Attachment and a copy of the applicable commercial license(s) listed in Table 2 contained in Appendix A for that CDRL to that CDRL, and expressly highlight in red which specific items of commercial technical data located on which specific portions of that CDRL the release of which outside the Government is restricted by that/those licensees).

(2) If a CDRL listed in Table 3 will be delivered with Special License Rights Category A described in subsection c.(3) above, the Contractor shall affix to the cover page of that CDRL the legend prescribed by DFARS §§ 252.227-7013(f)(4) and 252.227-70 14(f)(4), delete the word "technical" from that legend, and insert the following text immediately after the phrase "License No." in that legend: "SLRC-A"______ PROPRIETARY” Under such circumstances, the Contractor shall also physically attach a copy of this Attachment to that

CDRL.

(3) The Contractor acknowledges that, given the types of licenses described herein that apply to (i) specific persons for (ii) specific purposes for (iii) specific items of data (iv) delivered at specific times during performance of this contract, failure to properly affix the proper restricting marking to the appropriate data prior to delivering or otherwise providing that data to the Government exponentially increases the risk that that 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 data other than technical data, computer software, and computer software documentation made in accordance with this Attachment if any CDRL delivered to the Government does not comply in all respects with the marking requirements specified herein.

e. License transference. Any license associated with any technical data, computer software, or computer software documentation delivered under any CLIN shall transfer upon delivery of that CDRL or CLIN to the Government.

f. Prohibition against nondisclosure agreements. Upon contract award, the Government obtains a waiver from the Contractor and all of its subcontractors from the requirement in DFARS 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 commercial item technical data listed in Table 2. Similarly, neither the contractor nor any of its subcontractors shall require any recipient of commercial computer software listed in Table 2 or data listed in Table 3 that is not a Government employee to sign non-disclosure agreements with respect to that software and data. Pursuant to 18 U.S.C. §§ 1832 and 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 shall require any Government employee to sign any nondisclosure agreement relative to the use, release or disclosure of any CDRL to be delivered under this contract or any data otherwise furnished to those employees by the contractor or any of its subcontractors.

1287222897A Highlight

APPENDIX A TO ATTACHMENT 7

COMMERCIAL ITEM TECHNICAL DATA, COMPUTER SOFTWARE, AND

COMPUTER SOFTWARE DOCUMENTATION LICENSES

APPENDIX B TO ATTACHMENT 7

DIFFERENCES IN OFFEROR PROPOSED AND GOVERNMENT DESIRED DATA

RIGHTS