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About Tenderloin

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  • Birthday 07/29/1961

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  1. C Culham, I did find it before I read your post!!! All the help you gave me on this is most appreciated.😊
  2. I'm mainly looking for the 1988 version of 252.227-7013 Rights in Technical Data and Computer Software (OCT 1988).
  3. I am really trying to find the 1988 version of the DFARS.
  4. Thanks MV2009. I'm really looking for versions even older than that site allows - it appears it only goes back to the 2001 timeframe.
  5. I believe this question has been asked and answered on the WIFCON forum before but I am unable to locate it. My question is simple, "Where does one go to find previous versions of the DFARS?" I've looked all over Google and am unable to find anything.
  6. I agree 100%. I did advise Steveatus on my July 28th post to consult with consulting an IP attorney by stating, "...please do consult with an IP attorney - that's the best way to go with this." Just sayin'...
  7. Steveatus, Is the IP actually a deliverable under the contract? By this I mean, is it specifically ordered to be delivered via such types of documentation such as the SOW, CDRL? If not, then you are not required to submit it to the DOD. The DOD only has license rights to the IP if the "typical" DOD rights clauses were invoked (curious, was DFARS 252.227-7013 invoked?), but if it's not specifically ordered to be delivered via contractual documentation such as SOW/CDRL, etc., then you don't have to deliver it. On the other hand, if it is specifically ordered then you do in fact have to deliv
  8. Well yes, Joel, they are logistics questions but they're commingled with rights in data issues primarily in the aspect of data ownership overall. In the issues I've presented here, the rights in data issue is settled (the DoD has the right to modify a company's IP) but it is conflicted with configuration management/logistics policies and procedures we have in place in nearly all of our contracts with private industry when a company's IP is delivered to the DoD.
  9. This is wonderful info, and I appreciate the input from all. As to the CAGE code argument, for clarification purposes, all I'm trying to convey is that there will be two (maybe more) configurations of the supposedly same item in our supply system if a design responsibility transfer does not officially take place. The contractor may make a change to a part rolling the part number from a -1 to a -2 increasing the size of a drilled hole in the part from .25 inches to .50. Then, the DoD decides to roll the part number to a -2 with something completely different, like adding a nutplate on the back
  10. Thanks for the discussion on this issue. Yes, Vern, I do fully understand the "modify" section of the DFARS whether it is unlimited, GPR, or limited rights data. From this thread, I'm thinking there's a conflict [maybe?] between what the DFARS states we can do with the data that is delivered to the DoD and what is stated in the contract we have delivered to us from a contractor. Sure, we can modify it, but within the contract the DoD has with that contractor, there are contractual provisions in place to preclude us from modifying their design as delivered to us without their knowledge and
  11. Working for the DoD, I am responsible to manage technical data/intellectual property (drawings mainly) from a major defense contractor on a ACAT I program. Here's what is happening...I am receiving IP with unlimited rights and our own DoD IP attorneys are stating that we can "modify" the technical data we receive from that contractor because the DFARS states we can do so under the provisions of the DFARS 252.227.7013 clause because it states can "modify" it. I state no, we cannot take the contractor's IP and just make our own changes to the design on the drawing/design without their approval t
  12. Does anyone have any insight as to what exactly constitutes a bona fide "emergency repair and overhaul" situation regarding release/use of technical data marked with limited rights under the DFARS clause [252.227-7013](a)(14)? The definition of limited rights in the DFARS allows release or use of limited rights technical data "Necessary for emergency repair and overhaul..." at 252.227-7013(a)(14)(i)(A), but it does not define what constitutes such - no criteria is given that I can see.
  13. The clause for the DOD is DFARS 252.227-7013.
  14. All is well, this data is not going to be released on FBO after our legal weigh in. I knew I was right, but the KO was insistent upon it despite my advice to not do this. In case anyone was/is wondering the data was several technical data/drawings of fairly simple parts. Thanks WIFCON forum. You all rock!!!
  15. Thanks all. This issue is in fact going to our legal office this morning.
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