Army_RCO_Signal_Classification_Special_Notice__26_Apr_2018_Final.pdf

SPECIAL NOTICE ANNOUNCEMENT

ARTIFICIAL INTELLIGENCE SIGNAL CLASSIFICATION CHALLENGE

BROAD AGENCY ANNOUNCEMENT W56JSR-18-S-0001

This special notice announcement is for conducting an Artificial Intelligence (AI) Signal Classification challenge in support of the Army Rapid Capabilities (RCO). The Army RCO desires to incentivize Participants in providing new ideas and promoting innovation in the AI Signal Classification domain. Specifically, the Army RCO is in pursuit of innovative solutions for fighting in an increasingly dense electromagnetic environment against adversaries with well-developed electronic warfare (EW) capabilities. The Army RCO intends to make Prize awards for 1st, 2nd, and 3rd place submissions in accordance with the criteria outlined in the notice.

The challenge announcement will be posted on Challenge.gov at http://www.challenge.gov/challenge/army-signal-classification-challenge, which will direct interested parties to the official challenge site at https://sites.mitre.org/armychallenge/.

Please see https://sites.mitre.org/armychallenge/, for full details.

PROBLEM BACKGROUND

Army is developing a means of better classifying signals of interest using Artificial Intelligence, to improve the speed and agility of identification and classification of various signals within the electromagnetic spectrum. Signals of interest sample data will be provided for AI training and testing purposes.

DESIRED OUTCOME

The Army RCO, as a result of the EW AI Signal Classification Challenge competition, is to receive algorithms and AI implementations with a high degree of classification accuracy and performance (e.g., speed of classification, low CPU resource requirement) for integrating with Army Intelligence, Surveillance, and Reconnaissance (ISR) systems. The Army’s intent is to further the state of the art in AI-driven signal of interest classification. In exchange for the 1st, 2nd, and 3rd place awards, the Army is seeking AI implementation (i.e., source code), parameterization, and all associated hyper parameters.

http://www.challenge.gov/challenge/army-signal-classification-challenge https://sites.mitre.org/armychallenge/

ENTRY IN THIS CHALLENGE CONSTITUTES ACCEPTANCE OF ALL TERMS &

CONDITIONS OF THIS NOTICE

In order to be considered for award, Participants must accept of the following terms and conditions. Failure to comply with the below terms and conditions may render the Participant’s submission ineligible for award, in which case the Government will issue the respective challenge award to the next highest, eligible Participant.

The Army RCO AI Signal Classification Challenge will be open for approximately ten weeks from the date of the release of this notice, with the intent to award three agreements under the Other Transaction Authority in accordance with 10 U.S.C 2371 upon the conclusion of the challenge. The Government reserves the right to deviate or cancel any portion of this notice and reserves the right to select the type and amount of awards (i.e., procurement contract, other transaction, single award, multiple awards, or no awards), In addition to the awards made as a result of participation in the Army RCO AI Signal Classification Challenge, the Government intends to solicit proposals for additional funding opportunities for prototyping projects based on the availability of funds, basis for award, and criteria established under BAA W56JSR-18-S-0001. Requests for proposals will be by invitation only to selected participants. While the Government intends to award an agreement under the Other Transaction Authority for Prototype Projects in accordance with 10 U.S.C 2371b, it reserves the right to select the type and number of awards (i.e., procurement contract, other transaction, single award, multiple awards, or no awards) in accordance with Broad Agency Announcement (BAA) W56JSR-18-S-0001.

The North American Industry Classification System (NAICS) code is 541715 “Research and Development in the Physical, Engineering and Life Sciences (except Nanotechnology and Biotechnology)” with a small business size standard of 1,000 employees.

Eligibility to participate in the Army RCO signal classification challenge and win an award is limited to entities/individuals that:

1. Agree to the payment terms under section 20.

2. Are citizens and or legal residents of the United States, Australia, Canada, New Zealand, or the United Kingdom, and that the participant is not a federal entity or federal employee acting within the scope of employment. An individual or entity shall not be deemed ineligible because the individual or entity used federal facilities or consulted with federal employees during a competition if the facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis.

Participants agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in this competition, whether the injury, death, damage, or loss arose through negligence or otherwise.

Participants are hereby advised that diligent care must be taken to avoid the appearance of Government endorsement of competition participation and submission. Moreover, the Participant may not reference the Army RCO or participation in this challenge in any commercial advertising or similar promotions in a manner that states or implies that the product or service being used is endorsed or preferred by the Army RCO or any other element of the Federal Government, or that the Federal Government considers it to be superior to other products or services. The policy intends to prevent the appearance of Federal Government bias toward any one product or service.

If a Participant enters the challenge as a representative of a company, educational institution or other legal entity, or on behalf of an employer, these rules are binding on the Participant, individually, or the entity the Participant represents. If the Participant is acting within the scope of employment, as an employee, contractor, or agent of another party, the Participant by entry in the challenge acknowledges that such party has full knowledge of the Participant’s actions and has consented thereto, including the Participant’s potential award. Furthermore, the Participant by entry in the challenge also acknowledges that they are not violating any employers or entity’s policies and procedures.

The Army RCO reserves the right to verify eligibility and to adjudicate any dispute at any time.

Additionally, the Participant may be disqualified from the challenge if false information of any kind is submitted, to include but not limited to identity, residency, mailing address, telephone number, email address, ownership of right, or information required for entering the challenge.

The Participant agrees to, by entry in the challenge, that any trademarks, logos, service marks, trade names, or an award shall not be used to imply a direct or indirect Army RCO endorsement.

This challenge is a skills-based event to promote and expand the field of data science related to signal classification. Participants must register on the website https://sites.mitre.org/armychallenge/ to enter. All submissions must conform to the requirements set forth on https://sites.mitre.org/armychallenge/. Submissions will be scored based on the evaluation metric identified as Appendix A “Scoring Metric, File Submission & Licensing Description”

Conflicts of interest will be governed by the following clauses:

FAR 52.203-16, “Preventing Personal Conflicts of Interest” DFARS 252.209-7008, “Notice of Prohibition Relating to Organizational Conflict of Interest— Major Defense Acquisition Program” DFARS 252.209-7009, “Organizational Conflict of Interest—Major Defense Acquisition Program”

Participants shall disclose any potential organizational conflicts of interest (OCI) situations with itself, partners or any other participants as it applies to this challenge event to the Contracting Officer, Megan Grigas at megan.c.grigas.civ@mail.mil, as soon as the OCI is identified, but no later than ten days after the start of the challenge; including if identified prior to challenge submission, or the Participant shall submit an affirmation statement that they are not aware of any OCI. The disclosure shall include the facts and an analysis of the actual or perceived conflict and recommend an approach to neutralize, mitigate, or avoid the potential conflict. The Contracting Officer will determine if resolution is necessary and promptly respond to resolve any potential conflicts, which may include notifying a Participant of their exclusion from the challenge. Participants are advised that Government Support Contractors from The MITRE Corporation assisted the Government in the preparation of this challenge.

A. SPECIFIC CHALLENGE RULES

Participants granted an award are required to provide technical data rights in accordance with section 18 "Rights in Non-commercial Technical Data and Computer Software" and access to AI/Neural network pipeline designs, hyperspace parameters, and AI model configuration parameters or design features.

B. GENERAL CHALLENGE RULES

1. SPONSOR AND HOSTING PLATFORM. The challenge is sponsored by the Army RCO mailto:megan.c.grigas.civ@mail.mil organization. The challenge will be hosted on behalf of the Army RCO by The MITRE Corporation (MITRE). MITRE, as a Federally Funded Research Development Center (FFRD), is supporting the Army RCO in pursuit of this challenge event and is not a party to the challenge or any agreement between Participants. Participants are hereby notified that MITRE is not responsible for selecting challenge winner(s) or awards.

2. CHALLENGE PERIOD. The challenge submission period will be open from April 30, 2018 until July 30, 2018. However, the Army RCO reserves the right to modify the open period and may introduce hurdle submission periods throughout the challenge. Any modifications to the open period or introduction of hurdle submission periods will be publicized by amending this notice and publishing updates on FBO and Challenge.gov (http://www.challenge.gov/challenge/army-signal-classification-challenge). It is the responsibility of the Participant to check FBO.gov and Challenge.gov websites regularly to stay informed.

3. CHALLENGE ENTRY. NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the challenge, Participants must register at https://sites.mitre.org/armychallenge/ during the open period and follow the submission instructions outlined in Appendix A “Scoring Metric, File Submission & Licensing Description”. Participant’s submissions must be made in the manner and format identified and received before any submission deadlines.

Submissions may not use or incorporate information from hand labeling or human prediction of the validation dataset or test data records.

The challenge is a continuous event open from April 30, 2018 to July 30, 2018, and Participants are authorized to update submissions until the close of the challenge submission period.

Submissions are void if they are in whole or part illegible, incomplete, damaged, altered, counterfeit, obtained through fraud, or late. The Government reserves the right, in its sole discretion, to disqualify any entrant who makes a submission that does not meet the requirements.

4. INDIVIDUALS AND TEAMS

A. INDIVIDUAL ACCOUNT. Participants may make submissions under one unique challenge account, only. A Participant may be disqualified if a submission is made through more than one account, or an attempt to falsify an account, to act as your proxy, is made.

B. TEAMS. Multiple individuals may collaborate as a team; however, Participants may join or form one team only. Each team member must be a single individual with a separate account on https://sites.mitre.org/armychallenge/, Participants must register individually for the challenge before joining a team. Participants must confirm team membership to make teams official when registering and establishing an account on https://sites.mitre.org/armychallenge/. Team members may not exceed the maximum team size set forth on this website.

C. TEAM MERGER. Teams may request to merge via the website, https://sites.mitre.org/armychallenge/. Team mergers are allowed provided that: (i) the combined team does not exceed the maximum team size; (ii) the number of submissions made by the merging teams does not exceed the number of submissions permissible for one team at the date of the merger request; (iii) the merger is completed before any merger deadline or the challenge deadline; and (iv) the proposed combined team otherwise meets all the requirements of these rules.

5. CHALLENGE DATA “Challenge Data” means the data or datasets available from the sft.mitre.org for use in the challenge, including any prototype or executable code provided.

A. Data Access and Use. Unless otherwise restricted under the challenge rules above, Participants may access and use the challenge data for the challenge only, all other use of the data without the Army RCO permission is restricted.

B. DATA SECURITY. Participants, by entering in to the challenge, agree to use reasonable and suitable measures to prevent persons who have not formally agreed to these rules from gaining access to the challenge data, and Participants agree not to transmit, duplicate, publish, redistribute or otherwise provide or make available the data to any party not participating in the challenge. Participants agree to notify the Army RCO immediately upon learning of any possible unauthorized transmission or unauthorized access to the data and agree to work with the Army RCO to rectify any unauthorized transmission. Participants agree that participation in the challenge shall not be construed as having or being granted a license (expressly, by implication, estoppel, or otherwise) under, or any right of ownership in, any of the data.

C. EXTERNAL DATA. Unless otherwise expressly stated on https://sites.mitre.org/armychallenge/, Participants may not use data other than the challenge data to develop and test models and submissions. The Army RCO reserves the right to disqualify Participants that use or attempted to use data other than the challenge data, or uses the challenge data for purposes other than those permitted by the https://sites.mitre.org/armychallenge/ website rules.

6. COMPUTER SOFTWARE REQUIREMENTS.

Computer Software Sharing. Unless otherwise explicitly permitted under the challenge rules, Participants are not allowed to share computer software privately. 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. This prohibition includes code sharing between separate teams unless a team merger occurs. Any sharing is a breach of these challenge rules and will result in disqualification.

7. DETERMINING WINNERS. Each submission will be scored and ranked by the evaluation metric outlined in Appendix A “Scoring Metric, File Submission & Licensing Description” The evaluation metric outlined in Appendix A, will be used to establish the leaderboard ranking of the submissions. 1st Place award will be made to the eligible submission with the highest leaderboard ranking, 2nd Place award will be made to the eligible submission with the second highest leaderboard ranking, and the 3rd Place award will be made to the eligible submission with the third highest ranking. During the challenge, the current ranking will be publicly visible on the https://sites.mitre.org/armychallenge/ website leaderboard.

The 1st place, 2nd place, and 3rd place award amounts are as follows:

• 1st Place award value is $100,000

• 2nd Place award value is $30,000

• 3rd Place award value is $20,000

In the event of a tie, the first submission entered will be the winner. If a winner is disqualified for any reason, the next highest ranking submission will be selected. The Army RCO will notify the 1st, 2nd, and 3rd Place winner(s) by email. If a winner does not respond to the notification attempt within five (5) days from the first notification attempt, the winner will be disqualified, and the next highest ranking submission will be selected.

8. WINNERS OBLIGATIONS. As a condition awardees are obligated to:

(A) DELIVER COMPUTER SOFTWARE. The final computer software used to generate the winning submission shall be delivered electronically to the Army RCO, no later than 14 days of receipt of award agreement or contract. Additionally, the computer software must be capable of generating the winning submission and include a description of the resources required to build and run the executable code inclusive of a description of any third party, commercial software. Participants in receipt of award agreement or contract are required to provide access to AI/Neural network pipeline designs, hyperspace parameters, and AI model configuration parameters or design features within 60 days of award.

(B) DEMONSTRATIONS. All award recipients shall provide Army RCO representatives an in-person final computer software demonstration. The computer software shall demonstrate the Participant’s winning final computer software submission submitted in their operating environment. The demonstration shall be conducted at a mutually agreed upon date and location, and shall take place no later than 3 months of receipt of award agreement or contract. Additionally, Participant’s shall provide information related to the operating environment for which the computer software was deployed. The information required is but not limited to the hardware and software information associated with the configuration of all computing and networking assets utilized during the challenge machine learning classification implementation or challenge AI algorithms implementation and execution.

(C) LICENSING. In view of the license provisions set forth in Section 18 “Rights in Non- Commercial Technical Data and Computer Software” and Appendix A, the Participants are required to provide a description of the Government’s license rights in technical data deliverables (in accordance with the content and formatting requirements set forth in Section 18(e) and Appendix A).

(D) AWARD ACCEPTANCE. Sign and return all award acceptance documents as may be required by the Army RCO, including without limitation: (i) eligibility certifications; (ii) licenses, releases and other agreements required under the Rules; and (iii) U.S, tax forms (such as IRS Form W-9 if U.S. resident, IRS Form W-8BEN if foreign resident, or future equivalents).

9. AWARDS. Awards(s) are as described on Challenge.gov. Participants are not eligible to receive a Prize if they do not meet the eligibility requirements outlined throughout this notice.

All awards are subject to the Army RCO’s review and verification of the entrant’s eligibility and compliance with the requirements and rules of this notice. In the event that the submission demonstrates non-compliance with these challenge requirements or rules, the Army RCO may at its discretion take the following actions: (i) disqualify the submission(s);

or (ii) require the Participant to remediate all issues identified within one week (including, without limitation, the resolution of license conflicts, and the fulfillment of all obligations required by software licenses.

An award recipient may decline to be nominated as a challenge winner by notifying the Army RCO directly within one week of the close of the challenge open period.

Consequently, the Participant forgoes any award and will be disqualified from the challenge.

Award recipients must provide a Commercial and Government Entity (CAGE) code once notified by the Government. Failure to provide a CAGE code may result in ineligibility and forfeiture of award.

CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation.

NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.

Award recipients must return all required documents within 15 days following notification, or such award will be forfeited, and the next highest ranking submission will be selected.

Awards(s) will be awarded approximately 30 days upon receipt of all Army RCO award acceptance documents. Transfer or assignment of an award is not allowed.

In the event of a team submission is to be the recipient of an award, the award will be distributed to the team lead and the team will be responsible for distributing the award accordingly.

10. TAXES. ALL TAXES IMPOSED ON AWARDS ARE THE SOLE RESPONSIBILITY OF

THE WINNERS.

11. GENERAL CONDITIONS. All federal, state, provincial, and local laws and regulations apply. The Army RCO reserves the right, at its discretion, to disqualify any Participant from the challenge if the Army RCO reasonably believes that the Participant has attempted to undermine the legitimate operation of the challenge by cheating, deception, or other unfair practices or abuses, threatens or harasses any other Participants.

12. PUBLICITY. Acceptance of an award constitutes the Participants concurrence for allowing the Army RCO and its agencies to utilize the Participants information and likeness for advertisement and promotional activities absent additional compensation unless prohibited by law.

13. PRIVACY. All Participants acknowledge by entering this challenge that the Army RCO may collect, store, share and use personally identifiable information received in response to this challenge event. Information may include but is not limited to Participant’s names, mailing addresses, phone numbers, and email addresses. The Army RCO will use this information in accordance with its privacy policy outlined a www.RCO.com/privacy.

Additionally, information may be transferred outside of the Participant’s residing country, including but not limited to the United States. Consequently, some countries privacy laws and regulations may differ. All https://sites.mitre.org/armychallenge/ account holders have the right to request access, review, rectify, or delete personal data maintained by the Army RCO through their accounts.

https://www.cage.dla.mil/

14. WARRANTY, INDEMNITY AND RELEASE. Participants by entering the challenge acknowledge that all submissions are the original work of the Participate and, as such, the Participant is the sole exclusive owner of all rights pursuit. Furthermore, the Participant acknowledges that they have the authority to make submissions and grant or transfer all computer software licenses. Additionally, by entering the challenge the Participant agrees to not: (i) infringe on any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights, or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, and publicity or confidentiality obligations; or (ii) violate any applicable state or federal laws.

To the maximum extent permitted by law, Participant’s agree to defend, indemnify and hold harmless the Army RCO from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of or accruing from: (a) Participant’s submission or other material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or entity, or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by the Participant in connection with the challenge; (c) any non-compliance by the Participant with these rules; (d) claims brought by persons or entities other than the parties to these rules arising from or related to the Participant’s involvement with the challenge; and (e) the Participant’s acceptance, possession, misuse or use of any award, or the Participation in the challenge and any related activity. Additionally, by entering the challenging Participant’s release the Challenge.gov, the Army RCO, and MITRE from any liability associated with: (a) any malfunction or other problem with the Challenge.gov or https://sites.mitre.org/armychallenge/ websites; (b) any error in the collection, processing, or retention of any submissions; or (c) any typographical or other error in the printing, offering, or announcement of any award recipients.

15. INTERNET. The Army RCO is not responsible for any malfunction of the Challenge.gov website or the MITRE websites (https://sites.mitre.org/armychallenge/ and sft.mitre.org ) for any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed submissions of entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Challenge.gov website, or any combination thereof, which may limit an

Participant’s ability to participate.

16. RIGHT TO CANCEL, MODIFY, OR DISQUALIFY. If, for any reason, the challenge is not able to progress as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the challenge, The Army RCO reserves the right at its sole discretion to cancel, terminate, modify or suspend the challenge. The Army RCO further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the challenge, Challenge.gov website, or the MITRE Websites. Any attempt by a Participant to deliberately damage any website, including the Challenge.gov or the MITRE Websites, or undermine the legitimate operation of the challenge is a violation of criminal and civil laws and should such an attempt be made, The Army RCO reserves the right to seek damages from any such entrant to the fullest extent of the law.

17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT. Unless otherwise explicitly provided under the challenge, under no circumstances shall a submission, award, or anything in these rules be construed as an offer or contract of employment with the Army RCO or any of the Participant’s. Participant’s by submission entry acknowledge that they have submitted their submission voluntarily and not in confidence or trust. Additionally, via submission entry, Participant’s acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between the Participant and the Army RCO and that no such relationship is established by the entry of a submission.

18. RIGHTS IN NON-COMMERCIAL TECHNICAL DATA AND COMPUTER

SOFTWARE.-

(a) Definitions. As used in this clause—

(1) “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.

(2) "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—

(i) 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

(ii) 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.

(3) “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.

(4) “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.

(5) “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.

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

(ii) 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.

(6) “Form, fit, and function data” means technical data that describes 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.

(7) “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—

(i) The reproduction, release, disclosure, or use is—

(A) Necessary for emergency repair and overhaul; or

(B) A release or disclosure to—

(1) 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

(2) 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;

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

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

(8) “Restricted rights” apply only to noncommercial computer software and mean the Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. In addition, the Government may

(i) Permit contractors or subcontractors performing service contracts in support of this or a related contract to use computer software to diagnose and correct deficiencies in a computer program, to modify computer software to enable a computer program to be combined with, adapted to, or merged with other computer programs or when necessary to respond to urgent tactical situations, provided that—

(A) The Government notifies the party which has granted restricted rights that a release or disclosure to particular contractors or subcontractors was made;

(B) Such contractors or subcontractors are subject to the use and non-disclosure agreement (equivalent to the agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS)) or are Government contractors receiving access to the software 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;

(C) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software; and

(ii) Permit contractors or subcontractors performing emergency repairs or overhaul of items or components of items procured under this or a related contract to use the computer software when necessary to perform the repairs or overhaul, or to modify the computer software to reflect the repairs or overhaul made, provided that—

(A) The intended recipient is subject to the use and non-disclosure agreement (equivalent to the agreement at DFARS 227.7103-7) or is a Government contractor receiving access to the software 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; and

(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer the software.

(iii) Permit covered Government support contractors in the performance of covered Government support contracts that contain the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, to use, modify, reproduce, perform, display, or release or disclose the computer software to a person authorized to receive restricted rights computer software, provided that the Government shall not permit the covered Government support contractor to decompile, disassemble, or reverse engineer the software.

(9) “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 https://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm#227.7103-7 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7025 https://www.acq.osd.mil/dpap/dars/dfars/html/current/227_71.htm#227.7103-7 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7025 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7025 include computer software or data incidental to contract administration, such as financial and/or management information.

(10) “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) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation (see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause of this contract for rights in computer software documentation):

(1) Unlimited rights. The Government shall have unlimited rights in—

(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) Data 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) Data 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, Computer Software, or Computer Software Documentation furnished to the Government, under 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;

(x) Computer software documentation required to be delivered under this contract;

(xi) Corrections or changes to computer software or computer software documentation furnished to the Contractor by the Government;

(xii) Computer software or computer software documentation that is otherwise publicly available or has been released or disclosed by the Contractor or subcontractor without restriction on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the software to another party or the sale or transfer of some or all of a business entity or its assets to another party; or

(xiii) Computer software or computer software documentation obtained with unlimited rights under another Government contract or as a result of negotiations.

(2) Limited rights.

(i) Except as provided in paragraphs (b)(1) 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 (f) 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 non-disclosure 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 non-disclosure agreement; and

(D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor's use of the limited rights data as set forth in DFARS 252.227-7025, Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends (MAY 2013), which is hereby incorporated by reference. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement.

(3) Restricted rights.

(i) The Government shall have restricted rights in noncommercial computer software required to be delivered or otherwise provided to the Government under this contract that were developed exclusively at private expense.

(ii) The Contractor, its subcontractors, or suppliers are not required to provide the Government additional rights in noncommercial computer software delivered or otherwise provided to the Government with restricted rights. However, if the Government desires to obtain additional rights in such software, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All noncommercial computer software 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.

(iii) The Contractor acknowledges that—

(A) Restricted rights computer software is 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 restricted rights legend) may require each such covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support contractor’s use of such software, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and

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

(4) Specifically negotiated license rights.

The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) of this clause may be modified by mutual agreement to provide such rights as the parties consider appropriate but shall not provide the Government lesser rights in technical data or computer software than are enumerated in paragraph (a)(7) or (a)(8) of this clause.

(5) Prior government rights. Technical data that will be delivered, furnished, or otherwise provided to the Government under this contract, in which the Government has previously obtained rights shall be delivered, furnished, or provided with the pre-existing 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) Release from liability. The Contractor agrees to release the Government from liability for any release or disclosure of technical data made in accordance with paragraph (a)(6) 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.

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

(d) Third party copyrighted data. The Contractor shall not, without the written approval of the Contracting Officer, incorporate any copyrighted 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 (b) 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.

(e) 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 (e)(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 and Computer Software.

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

Technical Data and Computer Software to be Furnished With Restrictions*

Basis for Assertion**

Asserted Rights Category***

Name of Person Asserting

Restrictions****

(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, component, or process.

Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose computer software.

** 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 data generated under another contract, limited or restricted rights under this contract, or specifically negotiated licenses).

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

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 of the Validation of Restrictive Markings on Technical Data clause of this contract.

(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictions on the Government's rights to use, modify, reproduce, release,…