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Rick

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  1. You are correct the government does not take ownership in data in most circumstances. The first sentence has some advantages because it negates the inchoate argument raised by some government contractors. I would reference software in the first sentence and delete the rest of the clause unless there is a pressing need for the government to take total ownership.
  2. Under 10 U.S.C. 2306A(a)(A) an offeror for a prime contract is required to submit cost or pricing data if the price of the contract is expected to exceed the threshold amount. Under 10 U.S.C. 2306a(D)(2) a person required to submit cost or pricing data shall be required to certify that data as being accurated, complet, and current. What if the proposal for a modification was above the threshold and cost and pricing data was submitted, but the negotiated amount was below the threshold? Would certication be required? The literal wording of the statute would seem to so require.
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