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Data Rights

A. Task Order Intellectual Property Deliverable Restrictions
For each task order to be issued under the contract, the Contractor shall identify, prior to award of the affected task order(s) to the best of its ability, noncommercial and commercial technical data and computer software that it intends to deliver with restrictions on the Government’s right to use, release or disclose such identified technical data and/or computer software (see DFARS 252.227-7017). The Government further requires that the Contractor identify, prior to award of affected task order(s), background inventions that will be embodied in items, components, processes, technical data, computer software or computer software documentation developed or delivered under the task order. To identify such technical data, computer software and background inventions, the Contractor shall submit the following three lists:

  • Noncommercial Computer Software and Technical Data
    The Government desires appropriate rights in all noncommercial technical data and noncommercial computer software developed or delivered under each task order. The Contractor shall identify all asserted restrictions on the Government’s license rights in such data and software, pursuant to paragraph (e) of the clauses at DFARS 252.227-7013 (‘7013) and DFARS 252.227-7014 (‘7014). The‘7013 and the ‘7014clauses shall govern the format and content of the Contractor’s assertions of software and data  restrictions for each task order. The Contractor may combine the ‘7013(e) and the ‘7014(e)post-award lists into a single list, as long as the technical data items can be clearly distinguished from the computer software items. The Contractor shall submit the post-award assertions to the Task Order Contracting Officer as soon as practicable before the scheduled delivery of the relevant data and/or software. The Contract shall update the post-award assertions as necessary during performance of the task order to ensure that the list is accurate before making final delivery of data or software under the task order.
  • Commercial Computer Software and Technical Data.
    For each task order, the Contractor shall identify all asserted restrictions on the Government’s license rights in commercial computer software and commercial technical data. To identify such restrictions, the Contractor shall submit a Commercial Restrictions List, dated and signed by an official contractually authorized to obligate the Contractor, as an attachment to the affected task order. The format of the Commercial Restrictions List shall be substantially same as the format set forth in DFARS 252.227-7017(d). The Commercial Restrictions List shall include the assertions of the Contractor’s subcontractors or suppliers or potential subcontractors or suppliers. For each entry in the Commercial Restrictions List which indicates that the asserted rights category is a special license or the license customarily provided to the public, the Contractor shall attach to the Commercial Restrictions List a copy of such license, except that if any particular license is identified as applying to more than one such entry, only one copy of that license need be provided. The Contractor shall update the Commercial Restrictions List as necessary during performance of the task order to ensure that the list is accurate before making final delivery of data or software under the task order.
  • Background Inventions.
    For each task order, the Contractor shall provide an identification and  licensing list to the Government, that identifies all inventions (background inventions), other  than subject inventions, disclosed in any patents or pending patent applications in which the  Contractor has:
    (a) Any title, right or interest; and
    (b) intends to include in any Items, Components or Processes developed or delivered under the affected task order, or that are described or disclosed in any Technical Data, Computer Software or Computer Software Documentation developed or delivered under the affected task order. For each background invention, the list shall identify:
  • Patent or pending patent application number;
  • Title of the patent or pending patent application;
  • Issue date of the patent, or filing date of the pending patent application;
  • The Item, Component, Process, Technical Data, Computer Software or Computersoftware Documentation that will include or disclose the background invention;
  • The nature of the Contractor’s right, title or interest in the background invention;
  • If the Government or any third party has any right, title or interest in the background invention; and
  • If the Contractor is willing to sell the Government a license to practice the background                 invention. The list shall be an attachment to the affected task order, and the Contractor shall update the list, as necessary, during performance of the task order to   promptly identify all background inventions.

B. Delivery of Noncommercial Computer Software and Technical Data.
Unless expressly otherwise   stated in the task order, the Contractor’s deliveries of noncommercial technical data shall include physical delivery of the digital version of that technical data. The Contractor’s deliveries    of noncommercial computer software shall include physical delivery of a digital version of both the executable code and the annotated source code. This includes noncommercial data/software that was developed exclusively at private expense. As used in this paragraph, "physical  delivery" means submission to the Government of the data/software in a predetermined format  on appropriate digital storage media (e.g., CD-ROM), and, if specified in the delivery  requirement, may also include submission of paper copies of that data/software. However, due   to the variety and number of task orders contemplated under this contract, it may be mutually beneficial to modify the physical delivery requirement. Accordingly, the Contractor may, before delivery of the affected computer software or technical data, notify the Task Order Contracting Officer in     writing that it intends to modify the physical delivery requirement. If the Task Order Contracting Officer   accepts the modified physical delivery, the modified physical delivery shall be incorporated into the affected task order by modification.

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