Exhibit_B_-_Data_Rights_and_Intell_Property_Instructions.pdf

EXHIBIT B

DRAFT

INSTRUCTIONS PERTAINING TO ASSERTIONS REGARDING DATA RIGHTS AND

INTELLECTUAL PROPERTY

Noncommercial Technical Data, Computer Software, and Computer Software Documentation: Offeror shall provide the information required by DFARS 252.227-7017 and 252.227-7028, in the formats specified therein, as an attachment to any Technical Directive proposal. Indicate whether development was accomplished exclusively or partially at private expense. Provide evidence of private expense, such as IR&D account numbers. Indicate whether the item, component, or process or the software will be further developed with Government funding. If so, indicate whether (and explain how) the new development is segregable from the original. If a Technical Directive is issued, the associated data rights assertions will become an attachment to the contract and shall be updated as circumstances change.

Commercial Technical Data: DFARS 252.227-7015 applies to all commercial technical data to be delivered or furnished pursuant to this contract. The Offeror shall attach to any Technical Directive proposal a list, entitled “Commercial Technical Data - Government Use Restrictions.”

The List shall provide the following information regarding all commercial technical data that the Offeror, its subcontractors, and suppliers intend to deliver with other than unrestricted rights: (1) identification of the data and the item, component, or process to which it pertains; (2) basis for asserting restrictions; (3) rights asserted; (4) entity asserting restrictions; and, (5) terms under which the Government, if necessary, can acquire additional rights pursuant to a Special License Agreement. For each entry citing asserted rights other than the standard license rights per DFARS 252.227-7015, the Offeror shall provide a complete description of the asserted rights and attach copies of any applicable licenses. The List shall be signed and dated by an official authorized to contractually obligate the Offeror. If there is no information to be included in the List, the Offeror shall enter "None" as the body of the list. If the Technical Directive is issued, the List will become an attachment to the contract and shall be updated as circumstances change.

Commercial Computer Software and Computer Software Documentation: Offeror shall attach to any Technical Directive proposal a list, entitled “Commercial Computer Software and Computer Software Documentation - Identification and Licensing” providing information on all commercial computer software (including and specifically identifying Open Source Software) to be delivered or furnished under the Technical Directive. The List shall provide the following information: (1) identification of the software, including title and version number; (2) purpose / proposed use; (3) applicable license and maintenance fees; (4) whether the license can be transferred to the Government or other Government contractors and whether it will satisfy the ultimate user’s needs; and, (5) copy of the license applicable to the Government. For Open Source Software, also identify if the software has been or will be modified, and, if so, by whom;

and, whether such modification occurred or will occur by incorporating it into any third party software (if so, identify). The List shall be signed and dated by an official authorized to contractually obligate the Offeror. If there is no information to be included in the List, the Offeror shall enter "None" as the body of the list. If the Technical Directive is issued, the List will become an attachment to the contract and shall be updated as circumstances change.

EXHIBIT B

DRAFT

Background Inventions: Offeror shall attach to any Technical Directive proposal a list, entitled “Background Inventions--Identification and Licensing,” providing information concerning all background inventions. A “background invention” is any invention, other than a subject invention, that is covered by any patent or pending patent application in which the Offeror, its subcontractors or suppliers (1) have any right, title, or interest; and (2) propose to incorporate into any items, components, or processes (ICP) to be developed or delivered, or that will be described or disclosed in any technical data, computer software, or computer software documentation to be developed or delivered, under the Technical Directive. For each background invention, the List shall identify: (1) the invention, by serial number, title, and date of the patent application or issued patent; (2) the ICP, technical data, computer software, or computer software documentation that will incorporate or disclose the invention; (3) the nature of the Offeror's right, title, or interest in the invention; and, (4) whether the Offeror is willing to sell to the Government a license to practice the invention, and if so, a complete description of the terms of such proposed license. The List shall be signed and dated by an official authorized to contractually obligate the Offeror. If there is no information to be included in the List, the Offeror shall enter "None" as the body of the list. If the Technical Directive is issued, the List will become an attachment to the contract and shall be updated as circumstances change.

Explanation of Impact on Proposed Effort: Offeror shall provide a detailed explanation of how each of the asserted restrictions affects other aspects of the proposed effort and the Government’s ability to use, modify, reproduce, release, perform, display or disclose the resulting technical data and computer software for Government purposes as defined in DFARS 252.227-7013(a) (12) and DFARS 252.227-7014(a) (11).

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