REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

Section A - Solicitation/Contract Form

Joint Staff, GJC2 N2C3 Support

GENERAL INFORMATION

This solicitation is issued under the authority of FAR 16.5 under the Seaport program of multiple award IDIQ contracts as a small business set-aside. Only small business SeaPort MAC holders are eligible to participate in this solicitation process.

To the extent that the words "offer" or "proposal" appear in this solicitation, they shall be construed to mean "quote" (or "quotation"), and to the extent that the word "offeror" appears in this solicitation, it shall be construed to mean "quoter".

This requirement is being processed as a new requirement.

Quoters may submit questions requesting clarification of solicitation requirements via e-mail to martyn.t.piggott.

civ@us.navy.mil (CC: david.m.benham.civ@us.navy.mil). Responses to questions received will be provided via an amendment to this solicitation.

PREPARATION COSTS

This Request for Quotations (RFQ) does not commit the Government to pay for the preparation and submission of a quotation.

FAIR OPPORTUNITY EVALUATION FOR AWARD

The Navy will provide interested sources a fair opportunity IAW FAR 16.505(b) using the procedures and evaluation factors described in this provision. It's emphasized that this is a FAR 16.505 fair opportunity process intended to streamline the source selection and be minimally burdensome for both the Navy and Indefinite Delivery Indefinite Quantity (IDIQ) awardees interested in competing for this requirement. The procedures of FAR 15.3 do not apply to the source selection. While not an all-inclusive list, some examples of FAR 15.3 requirements that don't apply are the late is late rule, competitive range determinations, the FAR 15.3 rules for discussions, formal evaluation plans, and formal evaluation documentation.

The Contracting Officer will make the source selection using the following two-step process.

STEP ONE:

No later than 5:00 PM EST, 12 February 2026, interested sources must submit, on no more than two (2) (single sided) pages, a description of their experience on prior contracts they consider most similar to the Performance Work Statement (PWS). Interested sources should use their judgement on how to best demonstrate through their two page submission that they're a viable competitor. For example, a source with relatively limited experience related to the PWS could address how it has the commitment of key personnel or other contractors with more relevant experience.

Step One submissions must also attest that the interested vendor is a Small Business SeaPort NxG Prime Contract Holder, and the contract number must be provided within the submission. Submissions that do not provide such attestation may be determined ineligible to participate in Step Two.

The Contracting Officer will evaluate each submission and determine which sources are viable competitors for award. The Contracting Officer may communicate with competitors, without regard to the rules of FAR 15.3 concerning competitive range determinations and discussions, if such communications will enhance the Contracting Officer’s determination of whether the quoter is a viable competitor for award. A determination a competitor is nonviable doesn't necessarily mean the Contracting Officer believes the competitor can't successfully perform the PWS. A competitor could be determined nonviable because of their experience relative to other competitors. The Contracting Officer will notify those sources determined nonviable that they are eliminated from further consideration, and invite sources determined viable to submit a quote in response to Step-Two.

N0018926Q3101

Step One submissions shall be emailed to martyn.t.piggott.civ@us.navy.mil (CC: david.m.benham.civ@us.navy.

mil) in .PDF format. The deadline for Step One submissions is 12 February 2026 at 5:00 PM EST.

STEP TWO:

Upon the completion of Step One, the Contracting Officer will request the information detailed in Sections L and M of the Request for Quotations from the viable competitors. Refer to Section L for entirety of instructions and Section M for evaluation criteria. In addition to the information submitted by competitors, the Contracting Officer may consider other information reasonably related to the evaluation factors, to include the personal knowledge of the competitor’s commercial and Government customers, and past performance databases. The Contracting Officer isn’t obligated to evaluate all information submitted from each competitor. For example, the Contracting Officer may curtail evaluation of a competitor’s submission if at any point the Contracting Officer determines the competitor’s quote is unlikely to represent the best value.

The Contracting Officer may communicate with a competitor at any time during Steps One and Two without regard to the FAR 15.3 rules concerning competitive range determinations and discussions. The Contracting Officer may also identify the competitor whose quote is likely to represent the best value and hold negotiations solely with that firm to finalize the order and/or negotiate more favorable terms for the Government.

Any quotations received from firms that were determined not viable during Step One and not invited to submit a quotation based on the review conducted during Step One will not be evaluated and immediately disqualified for consideration in this requirement. Firms determined viable will be requested to submit a technical and cost/price quotation via e-mail to martyn.t.piggott.civ@us.navy.mil (CC: david.m.benham.civ@us.navy.mil).

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Administrative, technical and analytical support for the Joint Staff, J3, N2C3.

Base Period

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Administrative, technical and analytical support for the Joint Staff, J3, N2C3.

Option I Period

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Administrative, technical and analytical support for the Joint Staff, J3, N2C3.

Option II Period

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Administrative, technical and analytical support for the Joint Staff, J3, N2C3.

Option III Period

Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Administrative, technical and analytical support for the Joint Staff, J3, N2C3.

Option IV Period

Pricing Arrangement: Firm Fixed Price

12 Months

Base Period Travel in support of CLIN 6000.

For quotation purposes, quoters should quote $120,000.00 plus applicable burdens for this line item.

Pricing Arrangement: Cost No Fee

1 Lot

Option Line Item

Option I Period Travel in support of CLIN 6001.

For quotation purposes, quoters should quote $120,000.00 plus applicable burdens for this line item.

Pricing Arrangement: Cost No Fee

1 Lot

Option Line Item

Option II Period Travel in support of CLIN 6002.

For quotation purposes, quoters should quote $120,000.00 plus applicable burdens for this line item.

Pricing Arrangement: Cost No Fee

1 Lot

Option Line Item

Option III Period Travel in support of CLIN 6003.

For quotation purposes, quoters should quote $120,000.00 plus applicable burdens for this line item.

Pricing Arrangement: Cost No Fee

1 Lot

Option Line Item

Option IV Period Travel in support of CLIN 6004.

For quotation purposes, quoters should quote $120,000.00 plus applicable burdens for this line item.

Pricing Arrangement: Cost No Fee

1 Lot

Section C - Description/Specifications/Statement of Work Refer to Attachment 1. N2C3 PWS (Effective 02.06.2026)

Requirements Administrative, technical and analytical support for the Joint Staff, J3, N2C3

Section D - Packaging and Marking

All deliverables shall be packaged and marked in accordance with all applicable security requirements.

Section E - Inspection and Acceptance 52.246-4 Inspection of Services--Fixed-Price AUG 1996

Section F - Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 28 Mar 2026 To 27 Mar 2027

12 Months Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2027 To 27 Mar 2028

12 Months Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2028 To 27 Mar 2029

12 Months Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2029 To 27 Mar 2030

12 Months Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2030 To 27 Mar 2031

12 Months Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Period of Performance From 28 Mar 2026 To 27 Mar 2027

1 Lot Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

1 Lot Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer's Representative Email: mark.e.trapp.mil@mail.mil

Period of Performance From 28 Mar 2027 To 27 Mar 2028

Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2028 To 27 Mar 2029

1 Lot Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer's Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2029 To 27 Mar 2030

1 Lot Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer's Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Option Line Item

Period of Performance From 28 Mar 2030 To 27 Mar 2031

1 Lot Place of Performance DoDAAC: H91269 CountryCode: USA

JOINT STAFF COMPTROLLER - FMB

350 JOINT STAFF PENTAGON, RM 1E564

WASHINGTON, DC 20318

UNITED STATES

Lt. Col. Mark Trapp, Contracting Officer's Representative Email: mark.e.trapp.mil@mail.mil Telephone: 703-695-0369

Section G - Contract Administration Data

SECURITY ADMINISTRATION

SECURITY ADMINISTRATION

The highest level of security that will be required under this Task Order is Top Secret with access to Sensitive Compartmentalized as designated on DD Form 254 attached hereto and made a part hereof.Information (TS/SCI)

The name, address and telephone number of the cognizant security office for the awardee is as follows:

__ To be completed by the Quoter ______________

__and furnished with TO quotation (Volume II) ____

The facilities to be utilized in the performance of this effort have been cleared to level. TOP SECRET

The offeror should also provide the above information on all proposed subcontractors who will be required to have a security clearance.

APPOINTMENT OF COR

APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer herby designates the following individual as the Contracting Officer's Representative for this task order:

*To be completed at time of award

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

*To be completed at time of award

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Full Text

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.227-7013 Rights in Technical Data-Other Than Commercial Products and Commercial Services. (Aug 2025)

RIGHTS IN TECHNICAL DATA-OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (AUG 2025)

(a) . As used in this clause- Definitions

"Computer data base" means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software.

"Computer program" means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.

"Computer software" means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

"Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

"Covered Government support contractor" means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort, rather than to directly furnish an end item or service to accomplish a program or effort, provided that the contractor-

(1) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and

(2) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

"Detailed manufacturing or process data" means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process.

"Developed" means that an item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended. Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art. To be considered "developed," the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code.

"Developed exclusively at private expense" means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a Government contract, or any combination thereof.

(1) Private expense determinations should be made at the lowest practicable level.

(2) Under fixed-price contracts, when total costs are greater than the firm- fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at Government, private, or mixed expense.

"Developed exclusively with Government funds" means development was not accomplished exclusively or partially at private expense.

"Developed with mixed funding" means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.

"Form, fit, and function data" means technical data that describe the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.

"Generated" means, with regard to technical data or computer software, first created in the performance of this contract.

"Government purpose" means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations.

Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so.

"Government purpose rights" means the rights to-

(1) Use, modify, reproduce, release, perform, display, or disclose technical data within the Government without restriction; and

(2) Release or disclose technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for United States Government purposes.

"Limited rights" means the rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical 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 the data by persons outside the Government if-

(1) The reproduction, release, disclosure, or use is-

(i) Necessary for emergency repair and overhaul; or

(ii) A release or disclosure to-

(A) A covered Government support contractor in performance of its covered Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or

(B) A foreign government, of technical data other than detailed manufacturing or process data, when use of such data by the foreign government is in the interest of the Government and is required for evaluational or informational purposes;

(2) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, or use of the technical data; and

(3) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, or use.

"Small Business Innovation Research/Small Business Technology Transfer (SBIR/STTR) data" means all technical data or computer software developed or generated in the performance of a phase I, II, or III SBIR/STTR contract or subcontract.

"Technical data" means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or financial, administrative, cost or pricing, or management information, or information incidental to contract administration.

"Unlimited rights" means rights to use, modify, reproduce, perform, display, release, or disclose technical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

(b) . Applicability

(1) Except as provided in paragraph (b)(2) of this clause-

(i) This clause governs all technical data pertaining to other than commercial products or commercial services or to any portion of a commercial product or commercial service that was developed in any part at Government expense; and

(ii) The clause at Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7015, Technical Data-Commercial Products and Commercial Services, governs the technical data pertaining to any portion of a commercial product or commercial service that was developed exclusively at private expense.

(2) The clause at DFARS 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, governs technical data that are SBIR/STTR data.

(c) . The Contractor grants or shall obtain for the Government the following royalty free, worldwide, nonexclusive, Rights in technical data irrevocable license rights in technical data other than computer software documentation (see the DFARS 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, clause of this contract for rights in computer software documentation):

(1) . The Government shall have unlimited rights in technical data that are- Unlimited rights

(i) Data pertaining to an item, component, or process which has been or will be developed exclusively with Government funds;

(ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similar work was specified as an element of performance;

(iii) Created exclusively with Government funds in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes;

(iv) Form, fit, and function data;

(v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data);

(vi) Corrections or changes to technical data furnished to the Contractor by the Government;

(vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party;

(viii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or

(ix) Data furnished to the Government, under this or any other Government contract or subcontract thereunder, with-

(A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or

(B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes has expired.

(2) . Government purpose rights

(i) The Government shall have government purpose rights for a 5-year period, or such other period as may be negotiated, in technical data-

(A) That pertain to items, components, or processes developed with mixed funding except when the Government is entitled to unlimited rights in such data as provided in paragraphs (c)(1)(ii) and (c)(1)(iv) through (c)(1)(ix) of this clause; or

(B) Created with mixed funding in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes.

(ii) The 5-year period, or such other period as may have been negotiated, shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the items, components, or processes or creation of the data described in paragraph (c)(2)(i)(B) of this clause. Upon expiration of the 5-year or other negotiated period, the Government shall have unlimited rights in the technical data.

(iii) The Government shall not release or disclose technical data in which it has government purpose rights unless-

(A) Prior to release or disclosure, the intended recipient is subject to the nondisclosure agreement at DFARS 227.7103-7; or

(B) The recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

(iv) The Contractor has the exclusive right, including the right to license others, to use technical data in which the Government has obtained government purpose rights under this contract for any commercial purpose during the time period specified in the government purpose rights legend prescribed in paragraph (g)(3) of this clause.

(3) . Limited rights

(i) Except as provided in paragraphs (c)(1)(ii) and (c)(1)(iv) through (c)(1)(ix) of this clause, the Government shall have limited rights in technical data-

(A) Pertaining to items, components, or processes developed exclusively at private expense and marked with the limited rights legend prescribed in paragraph (g) of this clause; or

(B) Created exclusively at private expense in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes.

(ii) The Government shall require a recipient of limited rights data for emergency repair or overhaul to destroy the data and all copies in its possession promptly following completion of the emergency repair/overhaul and to notify the Contractor that the data have been destroyed.

(iii) The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data furnished to the Government with limited rights. However, if the Government desires to obtain additional rights in technical data in which it has limited rights, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All technical data in which the Contractor has granted the Government additional rights shall be listed or described in a license agreement made part of the contract. The license shall enumerate the additional rights granted the Government in such data.

(iv) The Contractor acknowledges that-

(A) Limited rights data are authorized to be released or disclosed to covered Government support contractors;

(B) The Contractor will be notified of such release or disclosure;

(C) The Contractor (or the party asserting restrictions as identified in the limited rights legend) may require each such covered Government support contractor to enter into a nondisclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support contractor's use of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a nondisclosure agreement; and

(D) Any such nondisclosure agreement shall address the restrictions on the covered Government support contractor's use of the limited rights data as set forth in the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. The nondisclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the nondisclosure agreement.

(4) . The standard license rights granted to the Government under paragraphs (c)(1) through (c)(3) of this Specifically negotiated license rights clause, including the period during which the Government shall have government purpose rights in technical data, may be modified by mutual agreement to provide such rights as the parties consider appropriate but shall not provide the Government lesser rights than are enumerated in the definition of "limited rights" of this clause. Any rights so negotiated shall be identified in a license agreement made part of this contract.

(5) . Technical data that will be delivered, furnished, or otherwise provided to the Government under this contract, in which Prior government rights the Government has previously obtained rights shall be delivered, furnished, or provided with the preexisting rights, unless-

(i) The parties have agreed otherwise; or

(ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose the data have expired or no longer apply.

(6) . The Contractor agrees to release the Government from liability for any release or disclosure of technical data made in Release from liability accordance with the definition of "limited rights" or paragraph (c)(2)(iii) of this clause, in accordance with the terms of a license negotiated under paragraph (c)(4) of this clause, or by others to whom the recipient has released or disclosed the data and to seek relief solely from the party who has improperly used, modified, reproduced, released, performed, displayed, or disclosed Contractor data marked with restrictive legends.

(d) . All rights not granted to the Government are retained by the Contractor. Contractor rights in technical data

(e) . The Contractor shall not, without the written approval of the Contracting Officer, incorporate any copyrighted Third party copyrighted data data in the technical data to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses in the deliverable data of the appropriate scope set forth in paragraph (c) of this clause, and has affixed a statement of the license or licenses obtained on behalf of the Government and other persons to the data transmittal document.

(f) . Identification and delivery of data to be furnished with restrictions on use, release, or disclosure

(1) This paragraph does not apply to restrictions based solely on copyright.

(2) Except as provided in paragraph (f)(3) of this clause, technical data that the Contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the Attachment). The Contractor shall not deliver any data with restrictive markings unless the data are listed on the Attachment.

(3) In addition to the assertions made in the Attachment, other assertions may be identified after award when based on new information or inadvertent omissions unless the inadvertent omissions would have materially affected the source selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soon as practicable prior to the scheduled date for delivery of the data, in the following format, and signed by an official authorized to contractually obligate the Contractor:

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

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

Technical Data Name of Person to be Furnished Basis for Asserted Rights Asserting

With Restrictions1 Assertion2 Category3 Restrictions4

(LIST) (LIST) (LIST) (LIST)

If the assertion is applicable to items, components, or processes developed at private expense, identify both the data and each such item, 1 component, or process.

Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting 2 restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.

Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR/STTR data generated under another 3 contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses).

Corporation, individual, or other person, as appropriate.4

Date ____

Printed Name and Title ____

Signature ____

(End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to enable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the right to add the Contractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance with the procedures in the DFARS 252.227-7037, Validation of Asserted Restrictions on Technical Data, clause of this contract.

(g) . The Contractor, and its subcontractors or suppliers, may only assert restrictions on the Government's rights to use, Marking requirements modify, reproduce, release, perform, display, or disclose technical data to be delivered under this contract by marking the deliverable data subject to restriction. Except as provided in paragraph (g)(6) of this clause, only the following legends are authorized under this contract: the government purpose rights legend at paragraph (g)(3) of this clause; the limited rights legend at paragraph (g)(4) of this clause; the special license rights legend at paragraph (g)(5) of this clause; and a notice of copyright as prescribed under 17 U.S.C. 401 or 402.

(1) . The Contractor, or its subcontractors or suppliers, shall conspicuously and legibly mark the appropriate legend on General marking instructions all technical data that qualify for such markings. The authorized legends shall be placed on the transmittal document or storage container and, for printed material, each page of the printed material containing technical data for which restrictions are asserted. When only portions of a page of printed material are subject to the asserted restrictions, such portions shall be identified by circling, underscoring, with a note, or other appropriate identifier. Technical data transmitted directly from one computer or computer terminal to another shall contain a notice of asserted restrictions.

Reproductions of technical data or any portions thereof subject to asserted restrictions shall also reproduce the asserted restrictions.

(2) . Omitted markings

(i) Technical data delivered or otherwise provided under this contract without restrictive markings will be presumed to have been delivered with unlimited rights. To the extent practicable, if the Contractor has requested permission (see paragraph (g)(2)(ii) of this clause) to correct an inadvertent omission of markings, the Contracting Officer will not release or disclose the technical data pending evaluation of the request.

(ii) The Contractor may request permission to have conforming and justified restrictive markings placed on unmarked technical data at its expense.

The request must be received by the Contracting Officer within 6 months following the furnishing or delivery of such technical data, or any extension of that time approved by the Contracting Officer. The Contractor shall-

(A) Identify the technical data that should have been marked;

(B) Demonstrate that the omission of the marking was inadvertent, the proposed marking is justified and conforms with the requirements for the marking of technical data contained in this clause; and

(C) Acknowledge, in writing, that the Government has no liability with respect to any disclosure, reproduction, or use of the technical data made prior to the addition of the marking or resulting from the omission of the marking.

(3) . Data delivered or otherwise furnished to the Government with government purpose rights shall be Government purpose rights markings marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract Number

Contractor Name

Contractor Address

Expiration Date

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (c)(2) of the DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

(4) . Data delivered or otherwise furnished to the Government with limited rights shall be marked as follows: Limited rights markings

LIMITED RIGHTS

Contract Number

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (c)(3) of the DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above named Contractor.

(End of legend)

(5) . Special license rights markings

(i) Data in which the Government's rights stem from a specifically negotiated license shall be marked as follows:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract Number ____ ____, License Number ____ ____. Any reproduction of [Insert contract number] [Insert license identifier] technical data or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rights acquired under a prior contract (see paragraph (c)

(5) of this clause).

(6) . If the terms of a prior contract or license permitted the Contractor to restrict the Government's rights to use, modify, Preexisting data markings reproduce, release, perform, display, or disclose technical data deliverable under this contract, and those restrictions are still applicable, the Contractor may mark such data with the appropriate restrictive legend for which the data qualified under the prior contract or license. The Contractor shall follow the marking procedures in paragraph (g)(1) of this clause.

(h) . Throughout performance of this contract, the Contractor and its subcontractors or suppliers that will deliver Contractor procedures and records technical data with other than unlimited rights, shall-

(1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used only when authorized by the terms of this clause; and

(2) Maintain records sufficient to justify the validity of any restrictive markings on technical data delivered under this contract.

(i) . Removal of unjustified and nonconforming markings

(1) . The rights and obligations of the parties regarding the validation of restrictive markings on technical data Unjustified technical data markings furnished or to be furnished under this contract are contained in the DFARS 252.227-7037, Validation of Asserted Restrictions on Technical Data, clause of this contract. Notwithstanding any provision of this contract concerning inspection and acceptance, the Government may ignore or, at the Contractor's expense, correct or strike a marking if, in accordance with the procedures in the Validation of Asserted Restrictions on Technical Data clause of this contract, a restrictive marking is determined to be unjustified.

(2) . A nonconforming marking is a marking placed on technical data delivered or otherwise furnished to Nonconforming technical data markings the Government under this contract that is not in the format authorized by this contract. Correction of nonconforming markings is not subject to the DFARS 252.227-7037, Validation of Asserted Restrictions on Technical Data, clause of this contract. If the Contracting Officer notifies the Contractor of a nonconforming marking and the Contractor fails to remove or correct such marking within 60 days, the Government may ignore or, at the Contractor's expense, remove or correct any nonconforming marking.

(j) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the Relation to patents.

scope of any license or other right otherwise granted to the Government under any patent.

(k) . Limitation on charges for rights in technical data

(1) The Contractor shall not charge to this contract any cost, including, but not limited to, license fees, royalties, or similar charges, for rights in technical data to be delivered under this contract when-

(i) The Government has acquired, by any means, the same or greater rights in the data; or

(ii) The data are available to the public without restrictions.

(2) The limitation in paragraph (k)(1) of this clause-

(i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the Contractor to acquire rights in subcontractor or supplier technical data, if the subcontractor or supplier has been paid for such rights under any other Government contract or under a license conveying the rights to the Government; and

(ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or other media in which the technical data will be delivered.

(l) . Subcontractors or suppliers

(1) The Contractor shall ensure that the rights afforded its subcontractors and suppliers under 10 U.S.C. 3771-3775, 10 U.S.C. 3781-3786, 15 U.S.

C. 638(j)(1)(B)(iii) and (v), and the…