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 clearlydistinguished 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.