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.