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AJM

small business set-aside

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XXX Company  charges an annual subscription fee priced at $30,000 per institution that subscribes per year. For 3 universities, and thus 3 subscriptions, the cost is $90,000.  but the subscription fee is $30,000 per entity.  any entity with whom we contract is eligible for a full subscription to XXX company. for a 1-year period that is renewable, with access to our mentors, virtual career fairs, employers on the platform, and with tailored programming led by our staff, but any work produced by XXX Company on the platform belongs to XXX Company. and is not subject to work-for-hire provisions. The fee is a subscription.

Is there a way to proceed with XXX company without the work being subject to work-for-hire provisions? Would the Government ultimately own the work? I would be grateful if you can you point me to the applicable reference?

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'AJM, more facts are needed. For example, Who do you represent? What does the Government have to do with this? Are there contract provisions being offered? Does this deal involve government contracts or subcontracts or is this a commercial transaction? What is the language of the work-for-hire provisions you are concerned with? Without more facts, I would just say, have you tried negotiating?

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I too am  confused by your post noting that it is posted under the title "Small Business set-aside".

At the expense being dinged by others for trying to answer even thought confused here are my thoughts -

2 hours ago, AJM said:

the platform belongs to XXX Company. and is not subject to work-for-hire provisions.

 

2 hours ago, AJM said:

Is there a way to proceed with XXX company without the work being subject to work-for-hire provisions? Would the Government ultimately own the work? I would be grateful if you can you point me to the applicable reference?

I get the feeling you are talking about copyright law here which can be very complicated especially noting that with regard to Federal contracts there are clauses that an agency may be required or can at option place in an awarded contract (see FAR Part 27).

Here is another reference for you as well - https://www.copyright.gov/circs/circ09.pdf

Now I am going to disappear but there may be others that have more experience than me that will respond.   In the end however I suggest that your questions should be posed to legal counsel that is experienced in both copyright law and Federal contracting copyright matters.

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