Attachment 4: IP and Data Rights Assertions

INSTRUCTIONS: INTELLECTUAL PROPERTY / DATA RIGHTS ASSERTIONS

The Intellectual Property /Data Rights Assertions submission must be completed as specified below as part of the white paper and proposal submission. Do not delete any portion of the submisison document. All pages shall be formatted for printing on 8-1/2 by 11-inch paper with 1-inch margins and font size not smaller than 11 point. Font sizes not smaller than 8 point may be used for figures, tables, and charts. The submission document must submitted in .pdf, .odx, .doc, or .docx formats. Submissions must be written in English. No page limit has been specified for this document. Remove these instructions prior to saving and sending the document. 2689472016
Guidance for use in completing the document:
Offerors should note that the Government does not own the intellectual property or technical data/computer software developed under Government contracts. The Government acquires the right to use the technical data/computer software. Regardless of the scope of the Government’s rights, awardees may freely use their same data/software for their own commercial purposes (unless restricted by U.S. export control laws or security classification). Therefore, technical data and computer software developed under this solicitation will remain the property of the awardees, though the Government will have, at a minimum, Government Purpose Rights (GPR) to technical data and computer software developed through TRMC sponsorship. With regard to “data-base” type data, and populated data within a given database, the contractor shall not gain any rights or privleges for the use of specific data contained in the database, but shall retain rights to the database architecture alone. If offerors desire to use proprietary computer software or technical data or both as the basis of their proposed approach, in whole or in part, they should: (1) clearly identify such software/data and its proposed particular use(s); (2) explain how the Government will be able to reach its program goals (including transition) within the proprietary model offered; and (3) provide possible nonproprietary alternatives in any area that might present transition difficulties or increased risk or cost to the Government under the proposed proprietary solution. Offerors expecting to use, but not to deliver, commercial open source tools or other materials in implementing their approach may be required to indemnify the Government against legal liability arising from such use.