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Technical Data


RedHorse74

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After reviewing the definition for technical data in FAR Section 2 and DFARS 252.227-7013 (which is in our contract), I am still trying to determine if internal program procedures developed for a specific program and kept on a shared company server (in MS Word) for internal use constitute "recorded information" or not? My customer wants the information for recompete purposes and I don't really want to provide it.

Sorry for the newbie question.

Thanks!

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Guest Vern Edwards
I am still trying to determine if internal program procedures developed for a specific program and kept on a shared company server (in MS Word) for internal use constitute "recorded information" or not?

You're asking if its recorded information? If it exists on a server in MSWord, then its recorded.

A better question would be whether it is of a scientific or technical nature. I don't what you mean by program procedures, so I cannot say.

A word to the wise: If this is important to your company, then you should consult an attorney who specializes in intellectual property.

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Thanks for the reply, Mr. Edwards.

The contract in question has a database of information on government equipment. We have no qualms providing the database info, the software licenses, etc. to the government - they clearly paid for it and I think the DFARS make that clear. My question was regarding the internal procedures (not kept in the database) for things like "responding to customer phone calls", "troubleshooting the X model of equipment", etc. learned during the duration of the program. Its how we operate the program, but really isn't government data as far as I can tell. Sorry I wasn't more clear before.

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Thanks for the reply, Mr. Edwards.

The contract in question has a database of information on government equipment. We have no qualms providing the database info, the software licenses, etc. to the government - they clearly paid for it and I think the DFARS make that clear. My question was regarding the internal procedures (not kept in the database) for things like "responding to customer phone calls", "troubleshooting the X model of equipment", etc. learned during the duration of the program. Its how we operate the program, but really isn't government data as far as I can tell. Sorry I wasn't more clear before.

I am not sure that "responding to customer phone calls would be considered "technical data" per FAR 2.101 since it most likely is "incidental to contract administration"; however, the "troubleshooting the X model of equipment" would be difficult to call "incidental to contract administration". But, I agree with Mr. Edwards, that an attorney should be consulted since we are working off a vague description.

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