Supplying Principles and Practices > Solicitation Provisions > Provision 1-1 Supplier Clearance Requirements (March 2006) > Provision 2-1 Warranty Information (March 2006) > Provision 8-1 Alternate Intellectual Property Rights Proposals (March 2006)

Provision 8-1 Alternate Intellectual Property Rights Proposals
(March 2006)

a. The Postal Service intends to award a contract that may provide for Postal Service acquisition of one or more of the following:

(1) Title to any patents resulting from contract performance.

(2) Unlimited rights in certain data (technical data and computer software) delivered to the Postal Service during contract performance.

(3) Use and disclosure rights in data that may be copyrighted or may embody trade secrets or confidential commercial or financial information.

b. Offeror may propose alternate intellectual property rights arrangements (including licensing arrangements for commercial exploitation of intellectual property developed under the contract); provided (i) the arrangements apply only to intellectual property developed solely at supplier private expense and not first produced in performance of this requirement, (ii) such arrangements are necessary to protect the offeror's trade secrets and commercial market competitiveness, and (iii) the Postal Service, including its support service suppliers and their subcontractors, subject to the same disclosure restrictions as the Postal Service, will have the right to utilize such intellectual property for its internal purposes. The following must be included in any alternate proposal.

(1) Suggested allocation of rights between the parties.

(2) Description of benefits (including royalties to the Postal Service) to each party if the alternate is selected.

(3) Costs to each party if alternate is selected (including royalties not collected by the Postal Service).

(4) Supporting documentation for calculating benefits and costs.

(5) A statement indicating willingness to accept the standard clauses (Patent Rights, Rights in Technical Data, and Rights in Computer Software) if the alternate is rejected.

c. The contracting officer will consider alternate intellectual property rights proposals in determining which offeror's proposal is most favorable to the Postal Service, in accordance with the solicitation's evaluation and award section.

Provision 8-2 Representation of Rights in Data (March 2006)

a. By completion of the representation below, the offeror must identify in its proposal the data (including subcontractor-furnished data) it intends to identify as "limited rights data" or "restricted computer software," or that it does not intend to provide as required. Any identification of limited rights data or restricted rights computer software is not determinative of the status of such data, should a contract be awarded to the offeror.

Representation Concerning Data Rights

Offeror has reviewed the requirements for the delivery of technical data or computer software and states (Offeror check appropriate block):

None of the data proposed for fulfilling the requirements qualifies as limited rights data or restricted computer software.

Data proposed for fulfilling the requirements qualify as limited rights data or restricted computer software and are identified as follows:

b. "Limited rights data" and "restricted computer software" are defined in the contract clauses entitled Rights in Technical Data and Rights in Computer Software.

Provision 8-3 Use of Limited Rights Data for Purchase of Repair Parts
(March 2006)

The Postal Service has determined that it may use competitive procedures to procure repair parts and assemblies for the equipment or supply items being developed or manufactured under this contract. The Rights in Technical Data clause in this solicitation has therefore been modified to provide that limited rights data furnished under any contract resulting from this solicitation may be used for the purpose of competitive purchasing.

Provision 8-4 Royalty Report (March 2006)

Offerors must include in their proposals a report of any patent royalties or license fees that they expect to pay in connection with performance of any contract resulting from this solicitation. The report must include the following:

a. Identification of patent, license agreement, and so forth.

b. Reason for payment of royalty or license fee.

c. Payee and amount payable.

d. Rights obtained.