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Prime Requests Part# developed under another Prime

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Hi,

Background:  USG/DoD Contract-Major Program; My company was Sub to Prime A under block 1; Now responding to rfp from Prime B under block 2

Recently, Prime B requested pricing for parts first created by us as Sub to Prime A (Our Part Numbers noted in  current GVT RFP). Under Prime A, we submitted a Data Rights Assertion detailing GPR.  Contractually, Prime A rec'd, (paraphrasing) 'such limited (small "l") rights as necessary...for the completion of the Prime's contract'. We clearly stated that IP (HW and tech data) resulting from the subcontract were not work product or otherwise belonging to Prime A (with the exception of reports, etc).

Management has historically referred to new product created under Primes as being the Prime's product, even where we contractually state otherwise. 

Question: Given the info above, in particular that the current GVT RFP references our product numbers, am I missing any blatant contractual issues?  It's a given that customer relationship discussions will be required with Prime A, a competitor under the RFP.

Respectfully,

BC

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Sounds as if you are free and clear to quote your parts to either or both Primes. I'd be interested to learn whether you intend to quote the same price to Prime A as you are quoting to Prime B for Block 2 performance, given that Prime A paid for the development under Block 1.

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It sounds like no prime proprietary information was provided to your company in development of the part number and you are certain that no such information is used by your company in any manner and is not required to use or enable the part number. I would feel better if I consulted an intellectual property attorney about your company's potential as a merchant supplier, since it sounds like a first for your company?? It bothers me that your management calls new products the prime's product. Maybe they know something more than you know. The world of intellectual property rights and obligations included in government contracts and subcontracts is challenging to understand.

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H2H-Thank you. As to pricing, NRE was paid under DoD contract, so not certain that we would fully factor that in. 

Neil- Thank you. I hear you on calling parts 'customer parts', a fight I've been winning step by painful step. Knocking down fallacies and false (or outdated) knowledge is a daily task with a company that for 20+ years had a contracts staff that did not keep up with changes or subscribe to continuing ed (NCMA, etc.)

Best,

BC

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