TOR Outreach_TD rights_Attachment 4.pdf

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Attached to
HubZone Outreach Support Initiative Federal contract opportunity
Solicitation number
W911NF-20-R-0002
Issued by
Department of the Army Materiel Command Army Contracting Command Aberdeen Proving Ground

About this file

This document includes an attachment related to rights in technical data and computer software under a federal contract opportunity for HubZone Outreach Support Initiative. The attachment outlines three rights categories for noncommercial technical data and noncommercial computer software delivered under a government contract. Category 1 applies to data or software critical to contract deliverables, requiring explicit specification of content, format, and delivery requirements. Category 2 includes data or software with less than unlimited rights that must be listed in an attachment to the contract. Category 3 restricts release of data or software with other than unlimited rights to only authorized third parties who sign a non-disclosure agreement or receive it under a contract containing intellectual property clauses. The related federal contract opportunity is a solicitation from the Department of the Army Materiel Command Army Contracting Command to create and strengthen networks connecting research organizations to facilitate scientific exchange and develop a STEM-literate workforce through education and outreach programs on behalf of the Department of Defense and Department of the Army.

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Text version

Attachment 4

Identification of Rights in Technical Data and Computer Software

RIGHTS1 IN NONCOMMERCIAL TECHNICAL DATA (TD) AND NONCOMMERCIAL COMPUTER SOFTWARE (CS)

Rights Category2 Applicable to TD or CS

Criteria for Applying Rights Category

Permitted Uses within Government

Permitted uses outside Government3

1 Critical to Specify Deliverables. The standard clauses address rights but do not include delivery requirements. The contract must explicitly specify the content, format, and delivery medium for all IP deliverables that are necessary to meet DoD’s needs. For TD, it is necessary to specify the level of detail and requirements for delivery in preferred electronic/digital formats. For CS, it is critical to specify requirements for both executable code and source code.

2 Mandatory Listing Requirement. All TD and CS to be delivered with less than UR must be identified in a list attached to the contract. Pre-award listing requirements are specified at DFARS 252.227-7017; post-award requirements are at DFARS 252.227-7013(e) and -7014(e).

3 Release Procedure Restrictions. All authorized third-party recipients of TD/CS with other than UR must either sign the standard NDA from DFARS 227-7103-7 or receive the TD/CS under a contract containing DFARS 252.227-7025. Additional notice requirements exist for releases of LR data or RR software.

File details come from the government source that posted it. Updated .