DFARS 252.227-7015 Technical Data–Commercial Items. Basic (Feb 2014)

As prescribed in 227.7102-4(a)

              (1)  Except as provided in paragraph (b) of this subsection, use the clause at 252.227-7015, Technical Data–Commercial Items, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when the contractor will be required to deliver technical data pertaining to commercial items, components, or processes.

              (2)  Use the clause at 252.227-7015 with its Alternate I in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for the development or delivery of a vessel design or any useful article embodying a vessel design.

TECHNICAL DATA—COMMERCIAL ITEMS (FEB 2014)

      (a)  Definitions.  As used in this clause—

              (1)  “Commercial item” does not include commercial computer software.

              (2)  “Covered Government support contractor” means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor—

                    (i)  Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and

                    (ii)  Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

              (3)  “Form, fit, and function data” means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.

              (4)  The term “item” includes components or processes.

              (5)  “Technical data” means recorded information, regardless of the form or method of recording, of a scientific or technical nature (including computer software documentation).  The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

      (b)  License.

              (1)  The Government shall have the unrestricted right to use, modify, reproduce, release, perform, display, or disclose technical data, and to permit others to do so, that—

                    (i)  Have been provided to the Government or others without restrictions on use, modification, reproduction, release, or further disclosure other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party;

                    (ii)  Are form, fit, and function data;

                    (iii)  Are a correction or change to technical data furnished to the Contractor by the Government;

                    (iv)  Are necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data); or

                    (v)  Have been provided to the Government under a prior contract or licensing agreement through which the Government has acquired the rights to use, modify, reproduce, release, perform, display, or disclose the data without restrictions.

              (2)  Except as provided in paragraph (b)(1) of this clause, the Government may use, modify, reproduce, release, perform, display, or disclose technical data within the Government only.  The Government shall not—

                    (i)  Use the technical data to manufacture additional quantities of the commercial items; or

                    (ii)  Release, perform, display, disclose, or authorize use of the technical data outside the Government without the Contractor's written permission unless a release, disclosure, or permitted use is necessary for emergency repair or overhaul of the commercial items furnished under this contract, or for performance of work by covered Government support contractors.

              (3)  The Contractor acknowledges that—

                    (i)  Technical data covered by paragraph (b)(2) of this clause are authorized to be released or disclosed to covered Government support contractors;

                    (ii)  The Contractor will be notified of such release or disclosure;

                    (iii)  The Contractor (or the party asserting restrictions as identified in a restrictive legend) may require each such covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support contractor’s use of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for an non-disclosure agreement; and

                    (iv)  Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor's use of the data as set forth in the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement.

      (c)  Additional license rights.  The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data.  However, if the Government desires to obtain additional rights in technical data, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights.  All technical data in which the Contractor has granted the Government additional rights shall be listed or described in a special license agreement made part of this contract.  The license shall enumerate the additional rights granted the Government in such data.

      (d)  Release from liability.  The Contractor agrees that the Government, and other persons to whom the Government may have released or disclosed technical data delivered or otherwise furnished under this contract, shall have no liability for any release or disclosure of technical data that are not marked to indicate that such data are licensed data subject to use, modification, reproduction, release, performance, display, or disclosure restrictions.

      (e)  Applicability to subcontractors or suppliers.

              (1)  The Contractor shall recognize and protect the rights afforded its subcontractors and suppliers under 10 U.S.C. 2320 and 10 U.S.C. 2321.

              (2)  Whenever any technical data related to commercial items developed in any part at private expense will be obtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use this same clause in the subcontract or other contractual instrument, including subcontracts and other contractual instruments for commercial items, and require its subcontractors or suppliers to do so, without alteration, except to identify the parties. This clause will govern the technical data pertaining to any portion of a commercial item that was developed exclusively at private expense, and the clause at 252.227-7013 will govern the technical data pertaining to any portion of a commercial item that was developed in any part at Government expense.

(End of clause)

(e) Applicability to subcontractors or suppliers.(1) The Contractor shall recognize and protect the rights afforded its subcontractors and suppliers under 10 U.S.C. 2320 and 10 U.S.C. 2321. (2) Whenever any technical data related to commercial items developed in any part at private expense will be obtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use this same clause in the subcontract or other contractual instrument, including subcontracts and other contractual instruments for commercial items, and require its subcontractors or suppliers to do so, without alteration, except to identify the parties. This clause will govern the technical data pertaining to any portion of a commercial item that was developed exclusively at private expense, and the clause at 252.227-7013 will govern the technical data pertaining to any portion of a commercial item that was developed in any part at Government expense.

Mandatory (Exception);
  DFARS 212.301 (Applies when any technical data related to commercial items developed in any part at private expense will be obtained from a subcontractor or supplier for delivery to the Government under this contract.)

52.227-1 Authorization and Consent.

52.227-10 Filing of Patent Applications—Classified Subject Matter.

52.227-11 Patent Rights—Ownership by the Contractor.

52.227-13 Patent Rights—Ownership by the Government.

52.227-14 Rights in Data—General.

52.227-15 Representation of Limited Rights Data and Restricted Computer Software.

52.227-16 Additional Data Requirements.

52.227-17 Rights in Data—Special Works.

52.227-19 Commercial Computer Software License.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-20 Rights in Data—SBIR Program.

52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.

52.227-22 Major System—Minimum Rights.

52.227-23 Rights to Proposal Data (Technical).

52.227-3 Patent Indemnity.

52.227-4 Patent Indemnity—Construction Contracts.

52.227-6 Royalty Information.

52.227-7 Patents—Notice of Government Licensee.

52.227-9 Refund of Royalties.

252.217-7026 Identification of Sources of Supply.

252.227-7000 Non-Estoppel.

252.227-7001 Release of Past Infringement.

252.227-7002 Readjustment of Payments.

252.227-7003 Termination.

252.227-7004 License Grant.

252.227-7005 License Term.

252.227-7006 License Grant---Running Royalty.

252.227-7007 License Term--Running Royalty.

252.227-7008 Computation of Royalties.

252.227-7009 Reporting and Payment of Royalties.

252.227-7010 License to Other Government Agencies.

252.227-7011 Assignments.

252.227-7013 Rights in Technical Data--Noncommercial Items.

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

252.227-7016 Rights in Bid or Proposal Information.

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.

252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program.

252.227-7019 Validation of Asserted Restrictions--Computer Software.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7022 Government Rights (Unlimited).

252.227-7023 Drawings and Other Data to Become Property of Government.

252.227-7024 Notice and Approval of Restricted Designs.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.227-7026 Deferred Delivery of Technical Data or Computer Software.

252.227-7027 Deferred Ordering of Technical Data or Computer Software.

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.

252.227-7032 Rights in Technical Data and Computer Software (Foreign).

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.227-7038 Patent Rights—Ownership by the Contractor (Large Business).

252.227-7039 Patents--Reporting of Subject Inventions.

252.246-7001 Warranty of Data.

1852.227-11 Patent Rights--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data--General.

1852.227-19 Commercial Computer Software--Restricted Rights.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-72 Designation of New Technology Representative and Patent Representative.

1852.227-84 Patent Rights Clauses.

1852.227-85 Invention Reporting and Rights--Foreign.

1852.227-86 Commercial Computer Software--Licensing.

1852.227-88 Government-furnished computer software and related technical data.

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.227-9501 Invention Disclosures and Reports (NAVAIR) (May 1998)

5252.227-9511 Disclosure, Use and Protection of Proprietary Information (NAVAIR) (Feb 2009)

5252.227-9216 Pre-award Identification and Assertion of Restrictions on Technical Data Pertaining to a Commercial Item and Commercial Computer Software

5252.227-9512 TRADEMARK MANUFACTURE/USE LICENSE AGREEMENT (NAVAIR)

552.227-70 Government Rights (Unlimited).

552.227-71 Drawings and Other Data to Become Property of Government.

752.227-14 Rights in Data—general.

752.227-70 Patent reporting procedures.

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