Attachment 3: Govt Data Rights Acknowledgement

The Government shall have, at a minimum, unlimited data rights in technical data which has been or will be developed exclusively with Government funds IAW DFARS 252.227-7013 Rights in Technical Data Noncommercial Items, paragraphs (a), and (b)(1)(i)(ii). An Offeror may provide with its proposal assertions to restrict use, reproduce, modify, release, perform display, distribute, or disclosure of data and/or computer software that will be provided in the course of contract performance of any property, intellectual or written, to which Offeror is asserting restricted use due to prior development at private expense. The rules governing these assertions are prescribed in Defense Federal Acquisition Regulation Supplement (DFARS) clauses 252.227-7013, -7014 and -7017. The Government may challenge assertions that are provided in improper format or that do not properly acknowledge earlier federal funding of related research by the Offeror. The Offeror’s assertions, including the assertions of its subcontractors or suppliers shall be submitted as an attachment to its offer in the format requested on this BAA. Deliverables and work performed under contracts resulting from this BAA may be shared with other DoD agencies to further transition products to test ranges that may likely include follow-on engineering development opportunities for delivered S&T products. Offerors are encouraged to contact the technical points of contact if additional questions or clarifications are required. Pursuant to DFARS Provision 252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions, herein incorporated by reference, Offerors are required at both white paper and selected RFP submission stages to identify any data rights that the Offeror shall provide to the Government with restrictions on use (i.e. Government purpose rights, unlimited data rights, limited rights, specifically negotiated license rights, proprietary data rights). Offerors shall also be aware that the Government Data Rights Acknowledgement form shall be attached to any potential contract award as enforcement of this requirement to receive S&T funding. Offerors are required to sign and submit this form acknowledging the Government shall receive UNLIMITED DATA RIGHTS on all S&T product deliverables developed exclusively with Government funds. Furthermore, refusal to provide and properly sign this acknowledgement form at BOTH white paper and proposal submission deadlines shall result in disqualification for S&T funding consideration.