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Overview

An essential 1.5-day program for government contract professionals.

Includes coverage of Data Rights issues in Federal Supply Schedule contracting, new developments in Open Source Software issues, and the FAR Part 27 Plain English Rewrite. Coverage also includes:

  • Coverage of new developments in both defense and civilian agency procurements.
  • Special coverage of the final DOD regulations and of the Information Technology Management Reform Act (ITMRA).
  • How product ownership is negotiated and determined.
  • Contractor and Government options, rights, and responsibilities.
If you're involved in government contracting, you undoubtedly know how vital patents, technical data, and computer software rights are. If you don't know, then you must learn, for these rights mean product ownership of intellectual property in both the present and future, and how ownership will be determined between the government and the contractor.

It is, however, an unusually complex area containing a wide range of variables and circumstances. In addition, the difficulties are compounded by the government's determination to completely retain title to the patents and technical data for products it has contracted for, and from the unique problems that can arise when computer software is the product at hand.

The purpose of this specialized program is to provide the most practical information possible on computer software, patents, and technical data rights from the perspective of both the government and contractors and their professional advisers. It is a clear, incisive analysis of each side's rights, responsibilities, and remedies.

The detailed course curriculum tells the story. In addition, the program will be presented by an expert course faculty: government contract professionals with exhaustive experience in this crucial area of procurement who have authored an extensive course manual for participants.

Learning Objectives:
Upon completion of this course you will:

  • Recognize the FAR/DFAR clauses related to data rights in government contracts
  • Apply ITMRA to programs, services and products
  • Demonstrate how to better protect ownership to data rights as well as software when dealing with the government
  • Develop an understanding during and after negotiations the importance of data and software ownership rights

 

Dates/Locations
No upcoming dates/locations at this time
Agenda
Day 1
8:00 AM - 3:00 PM
Schedule for La Jolla, CA and Hilton Head, SC
9:00 AM - 4:00 PM
Schedule for All Other Locations
 
Day 2
8:00 AM - 11:00 AM
Schedule for La Jolla, CA and Hilton Head, SC
9:00 AM - 12:00 PM
Schedule for All Other Locations

Rights in Technical Data & Computer Software in Government Contracts Course Agenda

Data Rights Policies-The Competing Interests
    1. Government
      1. As buyer
      2. As maker of economic policy
    2. Contractor
      1. Developers
      2. Parts replicators
  2. The Allocation of Rights
    1. Unique Concepts and Terms
    2. The Basic Clause
    3. Military vs. Civilian Rules
    4. Frequent Changes
    5. Rights in Drawings, Not Technology
    6. Licenses vs. Ownership
    7. Development and Source of Development Funding
    8. Government Enforcement
    9. Administrative Burdens
    10. Seeking Compromise
  3. Regulatory Revisions
    1. Early Protection of Proprietary Data
    2. Multiple Revisions of Data Rights Policies
    3. Cause of Recent Changes
      1. Section 800 Committee
      2. Section 807 Committee
      3. National Performance Review
      4. Federal Acquisition Streamlining Act
  4. Technical Data and Computer Software Defined
    1. Technical Data
    2. Computer Software
    3. Commercial vs. Non-Commercial
      1. Current regulations
      2. Proposed regulations
  5. Unlimited Rights in Software and Technical Data
    1. What Are “Unlimited Rights”?
    2. What Technical Data Must Be Delivered with Unlimited Rights?
      1. Items developed with Government funds
      2. Data developed with Government funds
      3. Experimental, research data
      4. Changes to Government-furnished data
      5. “Form, fit, and function” data
      6. Manuals
      7. Publicly available and non-secret data
      8. Otherwise-defined unlimited rights data
      9. Expired-rights data
      10. Commercial technical data
    3. What Computer Software Must Contractors Deliver with Unlimited Rights
      1. “Required to be originated” or “generated as a necessary part”
      2. Adoption of unlimited rights categories of technical data
      3. Corrections to Government-furnished software and public software
      4. Software resulting from experimental research
      5. Databases
    4. Rights in Undelivered Data
  6. Limited Rights in Technical Data
    1. “Limited Rights” Defined
    2. Data That May Be Delivered with Limited Rights
      1. “Item, component, or process”
      2. “Developed”
      3. “At private expense”
    3. Confidentiality and Marking
    4. Commercial Technical Data
  7. Restricted Rights in Computer Software
    1. What Software Qualifies for Restricted Rights
      1. Current and proposed regulations
      2. Segregation of computer code
      3. Development of software
    2. Noncommercial Software
    3. Commercial Software
    4. Marking Requirements
    5. Current and Proposed Regulations
  8. GPLR and GPR
    1. Government Purpose License Rights
    2. Government Purpose Rights
    3. What They Are
  9. Non-Standard Rights
    1. In the Current Regulations
    2. In the Proposed Regulations
  10. Protecting Rights in Technical Data and Computer Software
    1. The Essentials
      1. Develop at private expense
      2. Retaining evidence
      3. Avoiding development of items directly in performance
      4. Providing written notice prior to award
      5. Giving notice during performance
      6. Reaching agreements
      7. Marking data and software
      8. Protecting proprietary information
    2. Desirability of Reviewing Past Deliverables
      1. Why audit past deliverables?
      2. How to accomplish an audit
    3. Instituting Practices to Protect Future Deliverables
      1. Desirable practices
      2. What records to retain
    4. Recognizing Danger Signals in Solicitations
      1. Descriptions of deliverables
      2. Looking at the boilerplate
      3. Estimating what will have to be developed
      4. Calling for help
      5. The eight recurring duties
  11. Licensing: A Solution to Data Rights Disputes
    1. Modified Government Purpose Licenses
    2. Technical Assistance
    3. Payments to the Contractor
    4. Delivery of Data Packages and Qualification of Vendors
    5. Term of the License
    6. Postponement of Disputes
    7. Conditions of Protection and Security
    8. Warranties and Indemnification
    9. Additional Considerations for Software
  12. Remedies for Misuse of Proprietary Information
    1. Administrative Remedies
      1. Withholding payments and termination
      2. Starting the validation process
    2. Contractor Remedies for Threatened Disclosure
      1. Injunctive relief
      2. Bid protest remedies
    3. Contractor’s Remedies for Actual Release
      1. District Courts
      2. Court of Federal Claims
      3. Boards of Contract Appeals
  13. Patent Rights
    1. Government Rights
    2. Government Acquisition of Principal Rights
    3. Contractor Retention of Principal Rights
    4. Deferred and Greater Rights Determinations
    5. Proposal Of Equivalent Merit
    6. Selecting Appropriate Contract Clauses
    7. Reversionary Interests
    8. Disputes Over Patent Rights
    9. Remedies for Infringement
  14. Using the Freedom of Information Act
    1. The Act
    2. Obtaining Information
    3. Protecting Contract Information
Experts
  • W. Jay DeVecchio
    Senior of Counsel, Washington D.C.
    Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice, with 46 years’ experience in the field. Clients from the aerospace, technology, and healthcare sectors seek his representation in all facets of government procurement...
    See Full Bio
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 9.5 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 8.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 8.25 (60 minutes), 9.5 (50 minutes)
Travel
No travel information is available at this time
Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.