However, it is important to note that if multiple categories of technical data or even FAR data is to be acquired, multiple categories of technical data clauses must be inserted and each contract line item number CLIN must be specifically drafted to cover each separate CATEGORY of technical data e.
In particular, see FAR Separate treatment and clauses are provided for each sub-category. Brand names[ edit ] FAR The broader category of know-how, etc. However, frequently contracting officers do not have sufficient knowledge that some optional or required clause is applicable in a particular case — especially for intellectual property or other specialized acquisitions.
The contract clause that is normally in a commercial software contract acquisition is the FAR Therefore, in cases where the Government is acquiring rights to know-how, copyrighted information, etc. Separately, examine the Technical data and software each are subdivided into two additional sub categories: However, note that neither of these books provide a nuts and bolts explanation on how to deal with commercial computer software licenses as discussed above.
Generally, there are specific issues which must be addressed in any technical data rights or software acquisition, which include: Given the overwhelming reliance on support contractors, it is now necessary to address this question of authorized use under the Federal Trade Secret Act.
Categories of Technical Data Rights: Basically, contractors may not exercise any discretionary authority. Various agency regulations separately deal with technical data acquisition as well and must be consulted.
Contracts which include technical data should include a markings section to ensure a contractor properly marks proprietary information and the Government protects it accordingly.
These books provide a high level discussion of the law and regulations, history and policy involved, which is useful. A basic understanding of the patent rights clauses are also necessary. The patent rights clause can specify that the contractor gets title or a license to the invention if the contractor follows some procedures within a specified time span and commercializes the invention or at least provides a commercialization plan.
The Federal Trade Secret Act 18 USC imposes criminal, civil and administrative sanctions on Federal employees who with knowledge allow proprietary, confidential or trade secret information to be used for an unauthorized purpose, including permitting other Federal contractors to view the proprietary information in question.
Inherently Governmental Functions are defined by P. The scope section is inartfully drafted because a literal reading would compel use of clauses which are specifically limited to scientific and technical information — you have to use the much broader FAR clauses to go after "data" which is not scientific or technical information.
It is prudent to make this determination up front in the CLIN structure of a contract for technical data deliverables. Note in FAR However, it is important to remember that the FAR data provisions include both "data" and "technical data".
A simple solution is to include in the CLIN structure a statement, such as for example, "the Government may provide proprietary information received under this contract to support contractors provided no organizational conflict of interest occurs under FAR Subpart 9.
Licenses for software routinely have provisions which are illegal in Government contracts. There is a difference between FAR and agency supplements. Contracting activities are at unequal stages of transitioning to automated contract generation tools which have a menu driven system which generates the contract with appropriate clauses.
See also 10 USC Procurement of services: These contracts frequently come into at least potential conflict with rules governing permissible use of contractors, such as rules against use of contractors for inherently governmental functions See OMB Circular A and rules against personal services see above.
Technical information developed exclusively with Government funds may be used by the Government without restriction including going to another contractor to produce the item in question. If so, then the two will have to be reconciled — essentially, the license will have to be rewritten to address any conflict with a provision which tells which one will control — either the license or the Get unparalleled FAR knowledge from the leader in government contracts training.
The Federal Acquisition Regulation (FAR) directly affects over $1 trillion in federal acquisitions each year.
This critically important regulation is complex and continually changing. So far, however, the government is not paying a price for that possibility. Both parties remain broadly popular, and they have managed to keep the intelligence agency scandal out of the limelight.
Tomanelli has authored a comprehensive textbook titled, A Practical Guide to Federal Appropriations Law (MCI, ); is the Lead Editor of the Federal Acquisition Regulation (FAR) and the Annotated FAR for Thomson-West Publishing Company; and serves on the Advisory Board of the Government Contractor (West Publishing).
(Federal Acquisition Regulation Site) NOTE - The FARSite is the authoritative source for the AFFARS only.
The FARSite is only an electronic representation of the FAR and the other supplements. DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to clarify reporting, reutilization, and disposal of Government property and the contractor requirements under the Government property clause.
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify reporting, reutilization, and disposal of Government property.Download