The Federal Acquisition Regulation is contained within Chapter 1 of Title 48 of the Code of Federal Regulations (CFR). business proposals offering new and innovative ideas outside the context of innovative proposals invited and offered within a government-initiated procurement procedure. Technical data and software each are subdivided into two additional sub categories, commercial and non-commercial. It is normal for MULTIPLE contract clauses and provisions to be inserted into the contract solicitation for the acquisition of a SINGLE CATEGORY of technical data (for example, DFARS 7013, Non-Commercial Technical Data, and 7017 clauses). Therefore, in cases where the Government is acquiring rights to know-how, copyrighted information, etc., which is not "scientific or technical data" for example, socio-economic information for information operations or psychological operations contracts, DO NOT USE THE DFARS CLAUSES OR PROVISIONS – USE FAR 27 REGARDLESS OF WHAT DFARS 227 SAYS. It is very tempting for a contracting officer to use FAR Part 12 and hence FAR Part 13 in situations where such use is clearly not appropriate in view of the basic reasons commercial item acquisition authority was created by Congress.
306 0 obj <>stream The Federal Trade Secret Act (18 USC 1905) 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. With the transition to the automated systems, many contracting officers do not possess the knowledge to prepare a manual contract without the automated tool. See, e.g., Government Accountability Office, Intellectual Property (IP) / Data Rights / Technical Data RightsIntellectual Property (IP) / Data Rights / Technical Data RightsFAR 1.602-3(a)(2) through (3) and AFARS 5101.602-3(b) - Markings provisions (includes basic markings clause plus challenge clause)
Use of FAR Parts 12 and 13 without rationing of demand through a single commodity control council or finding other solutions is likely to create more problems than it solves. h�b```"1�~�ʰ !dž� ;��������� ��9π4X50*���Lo13Og���!�0��A��+D+Â)@����GL�R�{n�"q� � Reference: Federal Acquisition Regulation (FAR) Part 13, Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) Part 213, and If the procurement is not ratified, the matter may be handled under FAR Part 50 and DFARS Part 250 (FAR Part 45 provides rules on the Contractor's obligations and the Government's remedies in these cases. is covered by the "data" provisions of the FAR. Given the overwhelming reliance on support contractors, it is now necessary to address this question of authorized use under the Federal Trade Secret Act. These main categories are technical data (defined not to include specific categories as called out in this list), software, and SBIR technical data. FAR 11.105 Items Peculiar to One Manufacturer states "agency requirements shall not be written so as to require a particular brand name or product or a feature of a product, peculiar to one manufacturer, thereby precluding consideration of a product manufactured by another company, unless:
Solicitation provisions are certification requirements, notices, and instructions directed at firms that might be interested in competing for a specific contract. This does not include services that are sold based on hourly rates without an established catalog or market price for a specific service performed or specific outcomes to be achieved. %%EOF Battlefield full motion video is not something that is found in the commercial sector – Wal-Marts don't sell this; moreover, frequently there are special restrictions which impact on commercial firms ability to engage in work of this nature. See also FAR 12.211, Technical Data; FAR 12.212, Computer Software; FAR 12.213, Other Commercial Practices for additional authority to deviate or "tailor" FAR clauses and provisions in the context of commercial items/services. A Head of Contracting Authority can approve higher amounts.Ratifications in the U.S. Army call for a signed statement describing the unauthorized commitment, the value of the procurement, and other documentation. (Basically, contractors may not exercise any discretionary authority.) In this way, the contract that is the entry point for such proprietary information being handled by US Government support contractors includes an explicit authorization which avoids violation of the Federal Trade Secret Act provisions relating to authorized versus unauthorized use. The regulations suggest the executive agencies make provision for acceptance of unsolicited proposals and for prior contact with individuals or organisations contemplating submission of such a proposal.Special rules apply to service contracts. Contractors in the Government Workplace – OMB Circular A-76 Public – Private Competitions, Inherently Governmental Work (not permitted to be performed by a contractor) and In other areas, problems frequently arise when Federal activities hire support contractors to assist them with executing their mission. A second technical data rights scenario occurs when items/technical data is acquired using If the technical data was developed exclusively at private expense, the Government has limited rights. Electronic Code of Federal Regulations (e-CFR) Title 48. Office of Personnel Management (OPM) has established requirements that apply in acquiring personal services for experts or consultants in this manner (for example, benefits, taxes, conflicts of interest), "therefore, the contracting officer shall effect necessary coordination with the cognizant civilian personnel office." There is a difference between FAR and agency supplements.