fieds32

Vern, Your posts seem to reflect an idealistic approach that every CO in every agency perfectly understands every piece of guidance that is given and implementation is always by the letter of the law. That has never been the case. While Infoseeker is a little abrasive, I think he captures exactly how this will be read, which is a mandate to use FY10 rates. I can't necessarily blame the CO's on this one. There is certainly an R&D contract exception buried by reference in the law, but the law uses the 10 USC 235 definition of service contracts (which excludes R&D) and not the FAR Part 37 definition, which does not exclude R&D. So the CO's are getting guidance that simply says start with FY10 rates for service contracts over $10M, but no guidance that clarifies the specific defintion of service contract for them. CO's aren't going to dig that far into the implementing documentation to figure out what they need to do (nor should they). I have a practical example. We are entering into negotiations on a contract that should easily meet the R&D exception. First Gov't offer includes FY10 rates (which I have no problem with as a starting point). After I explain the Gov'ts misinterpretation and hold our FY12/13 rates I was told there was no R&D exception and that the rates were non-negotiable. Pushback on my end resulted in the Colonel calling the General Manager of my company.

Yes Don, this is almost exactly what I was thinking of when I asked the question. I believe there are some resources that specifically deal with pricing in the Government Contracting context, but this is a great resource. Thanks!

I am not looking to employ a "common sense approach" to this issue. There are several generally accepted ways to price the sale of an unlimited rights license. I can't put my hands on the documentation, hence the question.

My fault on the conflicting title's. We have both proprietary software and proprietary technical data that will need to be priced. I am not sure why that would be confusing to the issue at hand. I understand they are different flavors of IP, but for this question the treatment of software and technical data should be identical. The cost or pricing data that I am going to have to provide with the proposal is inevitably going to be the cost to develop the software. However, the impact to our business in selling the Gov't an unlimited rights license far outweighs the cost to develop. I know there are some generally accepted ways of pricing the sale of IP that won't be foreign to the PCO, I just can't put my hands on that information. I was hoping somebody else had run into this issue and could help to point me in the right direction.

I have been asked by my PCO to enter into negotiations for the sale of properly asserted limited rights technical data per the requirements of DFARS 252.227-7013 ©(3)(iii): I know that I will need to provide cost or pricing data with my proposal. I seem to recall there being four acceptable ways to price the sale of proprietary data rights but can't seem to put my hands on that information. Any help with locating this guidance would be much appreciated.