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Showing results for tags '252.227-7013'.
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We are a subcontractor for several DoD contracts related to a specific program. For each subcontract over the past eight years, we have asserted the same data rights to certain technical data. Our first assertion was made and provided to the Prime in July 2012. In August 2015, we received notification of a Government Challenge pursuant to 252.227-7037. In November 2019, we received notification of Final Determination in which the Government took the position of Unlimited Rights. In accordance with 252.227-7013, there are no authorized marking legends for Unlimited Rights. Without going too far into the weeds, has anyone successfully petitioned the Government to ignore the prior legends as permitted in 252.227-7013 and 252.227-7037? My understanding of these DFARS is the Government may ignore or, at the Contractor's expense, correct or strike a marking (7013) or may cancel or ignore the restrictive markings (7037). There is a choice how to handle the unjustified markings. There are 1000+ drawings which included restrictive legends consistent with the data rights we asserted. The burden of removing the legends is labor intensive and an expensive endeavor; I also don't see the contractor updating the drawings to remove the legend as a remedy provided under the DFARS. Personal disclaimer, I have been with this company >1 year. The history related to the Challenge and the decision not to appeal the determination had been lost with personnel changeover. I appreciate any feedback.
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My company produces a commercial item that it will supply to the DoD through its Prime Contractor as a first tier sub. As, we will make slight modifications to our item for the purposes of integration into the Prime's product for sale to the government, the Prime Contractor wants to negotiate rights to technical data, specifically asking for exclusivity "on behalf of the government" that we will not further market the item. I have asked the Prime if the government has specifically requested exclusivity. I didn't get a straight answer (a we want to protect the govts rights) but I assume as I did when the request was made that the answer is no. Prime confirmed that the modification is being funded under the USG contract and not by their own R&D. It seems to me that the push for exclusivity is coming from the Prime and not from the government. Either way I have a few questions: 1. If I'm understanding things correctly, we can grant to the government standard commercial rights under DFARS 252.227-7015 for our existing IP and government purpose rights under 252.227-7013. Is my assumption correct? 2. I believe that as the modification is minor, does not significantly alter the nongovernmental function or essential physical characteristic of the item or change the purpose of the process and therefore does not affect the commerciality of our product? 3. If commerciality is in tact can I assert -7015 rights for the entire product? (I don't think so. But if we can...) 4. We will grant the prime a limited use license for fulfillment of the requirements under the existing government contract. Any suggestions on language for this clause? 5. Are we required to assert data rights for our commercial IP? I'm not finding a requirement to do so but think it may be a good idea to eliminate confusion. Thoughts?
