DRAFT_Section_K.docx

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DRAFT Section K - Representations, certifications, and other statements of offerors or respondents.

K.1 Assertion of Restrictions The Offeror shall include the following in its proposal submission: an identification of all Non-Commercial Technical Data, Non-Commercial Computer Software and Software Documentation, Commercial Technical Data, and Commercial Computer Software and Software Documentation on its Assertion of Restrictions listing required under DFARS 252.227-7017. In accordance with Attachment 0047 (Assertion of Restrictions), the Assertion of Restrictions listing is to include Commercial Technical Data and Commercial Software and Software Documentation proposed to come to the Government with less than Unlimited Rights. The failure to list restrictions applicable to Commercial Technical Data and Commercial Software and Software Documentation, Non-Commercial technical data and non-commercial computer software and software documentation from the 252.227-7017 Assertion of Restrictions listing will bar the Offeror from making such a restriction upon delivery of the data, software or software documentation, unless an allowable post-award Assertion of Restrictions is submitted per the conditions provided in subsection (e) of either DFARS Provision 252.227-7013 or 252.227-7014.

K.1.1 Assertion of Restrictions for Data Deliverables The Contractor shall identify all data deliverables that will be provided to the Government with other than unlimited data rights by asserting restrictions (including flow down to subcontractors and suppliers) in the rights the Government will get. The Contractor shall justify those assertions in the Assertions List, in accordance with Attachment 0047 (Assertion of Restrictions) and submit as part of their proposal.

K.1.2 Assertion of Restrictions on Technical Data Pertaining to a Commercial Item and Commercial Computer Software

a. Definitions. Unless otherwise specified in this provision, the terms used in this provision are defined in the FAR and DFARS.

b. Identification and Assertion of Restrictions. Offerors proposing commercial computer software rights for either base contract requirements or TDP option requirements shall provide associated license agreements with their proposals. The Offeror shall not deliver or otherwise provide to the Government any commercial technical data or commercial computer software with restrictive markings (or otherwise subject to restrictions on access, use, modification, reproduction, release, performance, display, or disclosure) unless the commercial technical data or commercial computer software are identified in Attachment 0047 (Assertion of Restrictions), in accordance with the below requirements.

c. Pre-Award Identification and Assertion. The Offeror (including its subcontractors or suppliers, or potential subcontractors or suppliers, at any tier) shall identify all commercial technical data and commercial computer software that it proposes to be delivered or otherwise provided with less than Unlimited Rights as follows:

1. The Offeror shall also identify and assert any restrictions for all commercial computer software including Open Source Software, and commercial technical data using the format provided in Attachment 0047, (Assertion of Restrictions).

2. An Offeror's failure to submit, complete, or sign the identification and assertions required by this provision with its offer may render the offer ineligible for award.

3. If the Offeror is awarded a contract, the assertions identified in this provision, shall be listed in an Attachment to that Contract.

d. Copies of Commercial Licenses. The Offeror shall provide copies of all commercial license(s) under which the Offeror proposes to deliver commercial technical data or commercial computer software. The Government will review the licenses to ensure that the licenses terms are consistent with federal procurement and meet the Governments end user needs. All such commercial licenses will be made part of an Attachment to the Contract at award. If the Offeror intends to deliver commercial technical data under the terms of DFARS 252.227- 7015, Technical Data-Commercial Items instead of its own commercial license, the Offeror shall include DFARS 252.227-7015 in the Commercial Technical Data/Computer Software (Commer Tech Data or Comp Softw) tab of Attachment 0047 (Assertion of Restrictions).

e. Use of Open Source Software Without Delivery. The Government treats Open Source Software (OSS) as a category of commercial computer software. If the Offeror proposes to deliver OSS while performing under the Contract, the Contractor shall follow the same rules as prescribed in this provision as for commercial computer software. Additionally, if the Offeror proposes to use, but not deliver, commercial computer software (including OSS), the Contractor must ensure that such use does not: (i) create, or purport to create, any Government distribution obligations with respect to the computer software deliverables; or (ii) grant, or purport to grant, to any third party any rights to or immunities under Government intellectual property or Government data rights to the Government computer software deliverables.