WEBVTT

00:00.289 --> 00:02.900
Good morning . And welcome to today's

00:02.900 --> 00:05.940
DAU web event , internal and external

00:05.940 --> 00:09.460
SBIR STTR town hall with Q&A .

00:10.260 --> 00:12.316
Before we begin , I'd like to make a

00:12.316 --> 00:14.427
few administrative announcements . If

00:14.427 --> 00:16.593
you're unable to see content , you can

00:16.593 --> 00:18.704
use a personal device today . Speaker

00:18.704 --> 00:20.982
slides are available on the event page ,

00:20.982 --> 00:23.149
and I'll be placing those links in the

00:23.149 --> 00:25.149
chat . For those calling in today ,

00:25.149 --> 00:28.639
please visit DU.edu/events

00:28.850 --> 00:30.628
to access a page from our event

00:30.628 --> 00:32.683
calendar . Following today's event ,

00:32.770 --> 00:34.881
please use the link I will provide in

00:34.881 --> 00:37.049
chat to access a short survey . At the

00:37.049 --> 00:39.160
end of the survey , you can request a

00:39.160 --> 00:41.327
certificate be sent to you , which you

00:41.327 --> 00:43.493
can use to request continuous learning

00:43.493 --> 00:45.049
points . Please follow your

00:45.049 --> 00:46.938
organizational guidance regarding

00:46.938 --> 00:49.049
requesting CLPs , and remember , CLPs

00:49.049 --> 00:50.660
for DAU events will not post

00:50.660 --> 00:52.970
automatically to your CL transcript and

00:52.970 --> 00:55.610
must be requested separately . Welcome

00:55.610 --> 00:57.388
once again to DA's internal and

00:57.388 --> 01:01.360
external SBIR STTR town hall with

01:01.360 --> 01:03.759
Q&A . Now over to your moderator ,

01:04.040 --> 01:06.250
Madam Jaya Prakash serves as counsel

01:06.250 --> 01:08.699
and lead for law regulations and policy

01:08.930 --> 01:10.597
for the Department of Defense

01:10.889 --> 01:13.489
intellectual property cadre in the

01:13.489 --> 01:15.711
Office of Undersecretary of Defense for

01:15.711 --> 01:17.889
Acquisition and Sustainment . Aza also

01:17.889 --> 01:20.056
serves as Associate general counsel in

01:20.056 --> 01:22.222
the acquisition and Logistics division

01:22.222 --> 01:24.389
of the DOD Office of General Counsel .

01:24.419 --> 01:26.141
She provides counsel on laws ,

01:26.180 --> 01:28.347
regulations , and policies relating to

01:28.347 --> 01:30.569
the intellectual property , advises and

01:30.569 --> 01:32.347
assists DOD customers , and the

01:32.347 --> 01:34.402
development of intellectual property

01:34.402 --> 01:36.513
strategies , and assist DOD customers

01:36.513 --> 01:38.402
in drafting and negotiating of IP

01:38.402 --> 01:41.129
license terms and contracts and other

01:41.129 --> 01:44.010
agreements . I'd like to formally

01:44.010 --> 01:46.288
introduce our guest speaker today , Ms .

01:46.288 --> 01:48.680
Aza M . Jaya Prakash .

01:50.190 --> 01:51.190
Welcome , Maza .

01:57.360 --> 02:00.029
Oh , hi . Thank you so much for that

02:00.029 --> 02:01.918
lovely intro , Deborah . I really

02:01.918 --> 02:04.349
appreciate it . um , and thank you all

02:04.349 --> 02:06.430
again for joining us , uh , for this

02:06.430 --> 02:08.630
webinar . So sorry for those IT

02:08.630 --> 02:11.190
difficulties , and I'm pretty sure that

02:11.190 --> 02:13.320
this sequel will be even better than

02:13.320 --> 02:15.710
the original , so really appreciate

02:15.710 --> 02:17.654
your patience . And so I will jump

02:17.654 --> 02:19.910
right in . Uh , just wanna do a quick

02:19.910 --> 02:23.429
calm check . Um , is my audio coming in

02:23.429 --> 02:23.820
OK ?

02:27.399 --> 02:30.779
Loud and clear . Awesome . OK , so I

02:30.779 --> 02:33.001
will start up the slides . Can you guys

02:33.001 --> 02:35.539
see my screen with the first slide ?

02:42.399 --> 02:44.820
Deborah . Can you see the first , can

02:44.820 --> 02:47.550
you , can we see the first ? OK ,

02:47.649 --> 02:51.100
awesome . Thank you so much . OK , um ,

02:51.179 --> 02:54.169
so first off , I am so excited to share

02:54.169 --> 02:56.336
some practical guidance with you about

02:56.336 --> 02:58.869
these important DFAS updates related to

02:58.869 --> 03:01.139
sippersitter data rights . We have a

03:01.139 --> 03:03.339
lot of , uh , material to cover over

03:03.339 --> 03:05.561
this hour , um , and I'm really looking

03:05.561 --> 03:07.395
forward to hearing . All of your

03:07.395 --> 03:09.395
questions and comments , so to make

03:09.395 --> 03:11.728
sure that we can cover all the material ,

03:11.728 --> 03:13.950
if you could hold your questions to the

03:13.950 --> 03:16.172
end of the presentation , that would be

03:16.172 --> 03:18.339
awesome . So thanks again . So without

03:18.339 --> 03:20.506
further ado , I will get started on my

03:20.506 --> 03:22.617
slides . So a quick agenda once again

03:22.617 --> 03:24.672
about what we're gonna be covering .

03:24.672 --> 03:26.895
I'm going to start with a quick rundown

03:26.895 --> 03:26.539
of resources that will be helpful for

03:26.539 --> 03:28.979
you in your everyday practice . We're

03:28.979 --> 03:30.590
going to go over a couple of

03:30.590 --> 03:32.701
fundamentals on superit data rights ,

03:32.701 --> 03:34.923
and then we're gonna talk about changes

03:34.923 --> 03:36.979
and some practical examples that are

03:36.979 --> 03:39.090
going to help you apply these changes

03:39.090 --> 03:41.201
to your practice , and then we'll end

03:41.201 --> 03:43.368
with that Q&A . So quick heads up . Up

03:43.368 --> 03:45.820
again , there will be a quiz , a couple

03:45.820 --> 03:48.042
of little knowledge checks , and I know

03:48.042 --> 03:50.264
because you guys are so smart , you are

03:50.264 --> 03:52.598
going to receive top marks . Can't wait .

03:52.598 --> 03:54.598
All these A students in the crowd ,

03:54.598 --> 03:56.876
you're gonna wow me . So , um , let me ,

03:56.876 --> 03:59.130
uh , start to get to the next slide

03:59.130 --> 04:01.839
about those resources I mentioned . And

04:01.839 --> 04:03.880
so first on the list we have this

04:03.880 --> 04:06.440
regulatory update and snapshot that you

04:06.440 --> 04:08.662
probably saw in your course materials .

04:08.679 --> 04:11.039
So this is a one page quick reference

04:11.039 --> 04:13.220
to provide a summary of these DDR

04:13.220 --> 04:15.276
changes that we're discussing . It's

04:15.276 --> 04:17.331
kind of one of those things that you

04:17.331 --> 04:19.331
could print it out , put it on your

04:19.331 --> 04:21.553
desk , and this is a , a quick guide or

04:21.553 --> 04:23.664
you can hand it to . Uh , friends and

04:23.664 --> 04:25.998
coworkers who didn't have a a chance to ,

04:25.998 --> 04:28.109
to see this webinar so they can get a

04:28.109 --> 04:30.109
little bottom line up front view on

04:30.109 --> 04:32.220
what the changes are about . Um , and

04:32.220 --> 04:34.276
then another , another , uh , bullet

04:34.276 --> 04:36.498
point that I wanted to , uh , point out

04:36.498 --> 04:38.609
is from the DFARS PGI or procedures ,

04:38.609 --> 04:42.329
guidance and Information section . So

04:42.739 --> 04:44.572
this particular section that I'm

04:44.572 --> 04:46.739
highlighting in the second bulletproof

04:46.739 --> 04:48.906
point gives a lot of great examples on

04:48.906 --> 04:50.961
how to determine the applicable sier

04:50.961 --> 04:53.390
sitter data protection period for

04:53.390 --> 04:55.501
multiple scenarios . And a lot of the

04:55.501 --> 04:57.779
materials that I've developed for this ,

04:57.779 --> 04:59.834
um , webinar today are based on that

04:59.834 --> 05:01.859
PGI . So once again , if you have

05:01.859 --> 05:04.500
co-workers who are unable to attend ,

05:04.579 --> 05:07.285
um , this webinar , that's A great

05:07.295 --> 05:09.244
permanent , um , piece of , uh ,

05:09.255 --> 05:11.695
guidance that will help you see some

05:11.695 --> 05:14.045
real life examples of how to apply

05:15.535 --> 05:17.695
the , uh , sub sitter , uh , data

05:17.695 --> 05:20.035
protection period . Lastly , uh ,

05:20.255 --> 05:22.422
there's two more bullets on this , the

05:22.422 --> 05:24.588
slide about , uh , a , an existing DAU

05:24.588 --> 05:27.135
video on Sibersitter data rights that

05:27.135 --> 05:29.357
should also have been linked around the

05:29.357 --> 05:31.413
registration page . So please take a

05:31.413 --> 05:33.779
look at that too . Um , and lastly , I

05:33.779 --> 05:36.920
wanna give a , um , uh , uh , a shout

05:36.920 --> 05:39.260
out to the DAU , uh , community

05:39.260 --> 05:42.290
practice websites . Keep an eye out for

05:42.700 --> 05:44.533
updates that are coming to those

05:44.533 --> 05:46.644
community practice websites that will

05:46.644 --> 05:49.779
also include these resources and others

05:49.779 --> 05:53.579
on Cyber anditter um . Um , uh ,

05:53.589 --> 05:55.422
superitter data rights and other

05:55.422 --> 05:57.645
subsitter issues . So here's a , that's

05:57.645 --> 06:00.600
a quick , uh , tool kit of uh resources

06:00.600 --> 06:02.880
that you can use after this webinar is

06:02.880 --> 06:04.959
over and share with others on your

06:04.959 --> 06:07.070
teams and other coworkers who work in

06:07.070 --> 06:10.799
this space . So , um , that takes us

06:10.799 --> 06:13.329
to our next slide .

06:14.459 --> 06:17.670
So , let's jump into a quick overview

06:17.670 --> 06:20.839
of the history of Suiter data rights

06:21.149 --> 06:23.920
for context on how we even arrived at

06:24.480 --> 06:28.079
these current DA's rules . So I should

06:28.079 --> 06:31.079
note that this kind of got kicked off

06:31.079 --> 06:34.864
in April 20 . 19 with Sisit policy

06:34.864 --> 06:37.195
directive that was issued by the Small

06:37.195 --> 06:39.785
Business Administration and register

06:39.785 --> 06:42.984
notice . Um , and so based on that

06:42.984 --> 06:46.024
policy directive , there were DARS ,

06:46.105 --> 06:48.161
there was a DAS class deviation that

06:48.161 --> 06:50.959
was published in March of 2020 . And so

06:50.959 --> 06:54.329
that applied that twin that new 20 year

06:54.329 --> 06:58.160
sipper uh protection period um to

06:58.160 --> 07:00.890
the 7018 or sip sitter data rights

07:00.890 --> 07:04.720
clause . So I , I will note that

07:04.970 --> 07:07.709
um If you do a little research , what

07:07.709 --> 07:09.431
you'll notice about that class

07:09.431 --> 07:11.376
deviation , just in case you , you

07:11.376 --> 07:14.149
might have seen a uh a more recent

07:14.149 --> 07:16.260
class deviation , like a revision one

07:16.260 --> 07:19.309
of this class deviation , um , that

07:19.309 --> 07:21.829
happened around July of 2023 . You're

07:21.829 --> 07:23.829
probably wondering , well , why was

07:23.829 --> 07:27.459
that ? There were many global DFAs um

07:27.459 --> 07:29.440
changes that were unrelated to

07:29.440 --> 07:31.662
subversit data rights that needed to be

07:31.662 --> 07:34.100
applied to the previous class deviation

07:34.100 --> 07:36.700
from March 2020 . So for example , you

07:36.700 --> 07:39.220
probably noticed that throughout the

07:39.220 --> 07:42.529
entire DFARS , the term non-commercial

07:42.859 --> 07:45.170
was replaced by the term other than

07:45.170 --> 07:47.679
commercial . So to keep up with those

07:47.679 --> 07:49.735
kinds of global edits throughout the

07:49.735 --> 07:52.320
entire DFARS , they , they basically

07:52.320 --> 07:55.279
published a revision one to update the

07:55.279 --> 07:57.501
March 2020 class deviation . So just in

07:57.501 --> 07:59.723
case you were wondering , what was that

07:59.723 --> 08:01.557
about ? Why were there two class

08:01.557 --> 08:03.612
deviations ? It was kind of a little

08:03.612 --> 08:05.890
bit of a more administrative , um . Uh ,

08:05.890 --> 08:08.149
update of the the the the wording in

08:08.149 --> 08:11.820
that class deviation . OK , so after

08:11.910 --> 08:14.021
the class deviation , we were looking

08:14.021 --> 08:17.910
for a final implementation of the

08:17.910 --> 08:20.132
subversitter policy directive in full ,

08:20.190 --> 08:22.246
and what we found is basically there

08:22.246 --> 08:25.350
was a final rule that was published um

08:25.350 --> 08:28.765
in around December 18th of 2024 . And

08:28.765 --> 08:32.005
it was made effective on July 17th of

08:32.005 --> 08:34.604
this year . So that is where we have

08:34.604 --> 08:37.864
the final rule with all of the guidance

08:37.864 --> 08:41.724
and all the changes um to implement all

08:41.724 --> 08:44.164
the data rights um portions of that

08:44.164 --> 08:47.125
2019 Silversit policy directive .

08:48.010 --> 08:50.450
So that's just a a quick snapshot of

08:50.450 --> 08:53.250
how we got here . So you probably want

08:53.250 --> 08:55.306
to know more about the substance and

08:55.306 --> 08:57.361
that's what we're going to go into .

08:57.361 --> 08:59.583
But before I get into the next slides ,

08:59.583 --> 09:01.694
It's really important to note some of

09:01.694 --> 09:03.917
these timelines , because there's gonna

09:03.917 --> 09:06.083
be a lot of different contracts with a

09:06.083 --> 09:08.570
lot of different award dates , and it's

09:08.570 --> 09:11.929
going to be important to note um when

09:11.929 --> 09:14.030
each of these rules came down . So ,

09:14.049 --> 09:16.216
for example , there were classes class

09:16.216 --> 09:18.809
deviation in 2020 . So there were rules

09:18.809 --> 09:21.125
that Had that 20 year data protection

09:21.125 --> 09:24.125
period , um , following that 2020 class

09:24.125 --> 09:26.164
deviation . So let's keep an eye on

09:26.164 --> 09:28.594
that as we do our practical examples

09:28.804 --> 09:31.484
and how those different , um , the

09:31.484 --> 09:33.706
class deviation and the final rule kind

09:33.706 --> 09:35.651
of come into play and how we apply

09:35.651 --> 09:37.762
these separate data rights rules to ,

09:37.844 --> 09:40.679
uh , contracts . So let's go to the

09:40.679 --> 09:44.119
next slide . So , your first question

09:44.119 --> 09:46.119
that you're probably wondering is ,

09:46.119 --> 09:48.359
what'sever centerdi anyway ? Good

09:48.359 --> 09:51.840
question . Um , so I want foot stomp on

09:51.840 --> 09:55.630
a couple of things here . Um , it's

09:55.630 --> 09:58.349
all technical data and software that

09:58.349 --> 10:00.750
was developed or generated , um , under

10:00.750 --> 10:04.030
any phase of the silver sitter contract

10:04.030 --> 10:06.710
or subcontract , and I'm highlighting

10:06.710 --> 10:09.080
those things because sometimes , um ,

10:09.109 --> 10:11.276
these issues about phases and contract

10:11.276 --> 10:13.575
versus sub subcontract gets lost . In

10:13.575 --> 10:15.797
some messaging . I think there are some

10:15.797 --> 10:17.853
people who might think , oh , well ,

10:17.853 --> 10:19.686
that's a phase 3 . That's , uh ,

10:19.686 --> 10:21.631
commercialized . Is that really do

10:21.631 --> 10:23.964
subit data rights apply ? Yes , they do .

10:23.964 --> 10:26.075
And I will be highlighting this again

10:26.075 --> 10:28.353
and again in the quizzes and elsewhere ,

10:28.353 --> 10:30.631
um , during this , this , this webinar .

10:30.631 --> 10:32.797
So please , uh , keep , keep , keep an

10:32.797 --> 10:34.964
eye on that particular issue as you go

10:34.964 --> 10:37.075
through these materials . So let's go

10:37.075 --> 10:40.809
to , um , the next slide . So we talked

10:40.809 --> 10:42.920
about what superit data is , what are

10:42.920 --> 10:45.450
superiter data rights ? This is really

10:45.450 --> 10:47.640
important and it's going to highlight

10:47.640 --> 10:49.529
um some information that you guys

10:49.529 --> 10:53.250
probably already know outside of the

10:53.260 --> 10:55.809
supersitter data rights clause . So

10:55.809 --> 10:57.976
when you're talking about cyber sitter

10:57.976 --> 11:00.087
data rights , it's effectively during

11:00.087 --> 11:01.976
the subsitter protection period ,

11:01.976 --> 11:04.087
limited rights in subsitter technical

11:04.087 --> 11:07.119
data and restricted rights in subsitter

11:07.119 --> 11:09.159
software . So what does that mean

11:09.159 --> 11:11.159
anyway ? Lied rights and restricted

11:11.159 --> 11:13.159
rights ? Well , when you're talking

11:13.159 --> 11:15.492
about limited rights for technical data .

11:15.492 --> 11:17.492
Um , that's gonna permit disclosure

11:17.492 --> 11:19.659
within the government , except for use

11:19.659 --> 11:22.030
for manufacture , and it's gonna , um ,

11:22.039 --> 11:24.039
permit disclosure outside of the

11:24.039 --> 11:26.280
government under very specific

11:26.320 --> 11:28.264
conditions . So I'll give you some

11:28.264 --> 11:30.909
examples . Cover government support

11:30.909 --> 11:32.950
contractors , emergency repair and

11:32.950 --> 11:35.789
overhaul , information or evaluation

11:35.789 --> 11:37.956
purposes for foreign governments , and

11:37.956 --> 11:40.011
please notice that for many of these

11:40.011 --> 11:42.178
third party disclosures , you're going

11:42.178 --> 11:44.345
to have um these disclosures are going

11:44.345 --> 11:46.122
to be subject to non-disclosure

11:46.122 --> 11:47.789
agreements protecting against

11:47.789 --> 11:50.150
unauthorized disclosures . Restricted

11:50.150 --> 11:52.150
rights is very similar , but with a

11:52.150 --> 11:55.229
couple of , you know , um , uh , a

11:55.229 --> 11:57.270
couple of differences that are

11:57.270 --> 11:59.326
applicable for software because it's

11:59.326 --> 12:01.381
more operational and in a sense than

12:01.381 --> 12:04.520
than technical data . So , Similar to

12:04.890 --> 12:06.946
limited rights , a restricted rights

12:06.946 --> 12:09.289
license permits use within the

12:09.289 --> 12:13.119
government and use and disclosure to um

12:13.729 --> 12:15.849
contractors under very specific

12:15.849 --> 12:17.820
conditions like cover government

12:17.820 --> 12:19.799
support contractors , service

12:19.799 --> 12:21.688
contractors correcting . Um , and

12:21.688 --> 12:23.632
diagnosing software deficiencies ,

12:23.739 --> 12:25.961
contractors , um , performing emergency

12:25.961 --> 12:28.229
uh repairs . Again , the third parties

12:28.229 --> 12:29.989
very well may be subject to

12:29.989 --> 12:32.045
non-disclosure agreements protecting

12:32.045 --> 12:34.211
against unauthorized disclosures . And

12:34.211 --> 12:36.378
so for more details about all of these

12:37.059 --> 12:40.119
specifics on . Use and disclosures , um ,

12:40.130 --> 12:42.450
especially to third parties , I would

12:42.450 --> 12:44.617
really recommend that you take a close

12:44.617 --> 12:46.739
look at the clause at DFAS

12:46.739 --> 12:50.640
252227-7018 , in particular ,

12:50.809 --> 12:53.090
the definition of limited rights and

12:53.090 --> 12:55.130
restricted rights in the first

12:55.130 --> 12:59.090
paragraph of that clause . OK , so

12:59.090 --> 13:02.960
that's a quick rundown of the scope of

13:02.960 --> 13:05.809
the sub sitter data rights uh license ,

13:05.929 --> 13:09.270
but there's a bit more . As you noted ,

13:09.469 --> 13:11.636
I was talking about silver sitter data

13:11.636 --> 13:14.030
rights during the silver sitter data

13:14.030 --> 13:16.030
protection period . So what is that

13:16.030 --> 13:18.141
anyway ? That's kind of complicated ,

13:18.141 --> 13:21.309
and that's why we're here . So , before

13:21.309 --> 13:24.750
2020 , There was a sit , uh , there's a ,

13:24.830 --> 13:26.830
there was a sever protection period

13:26.830 --> 13:29.659
that really depended on

13:30.390 --> 13:32.960
completion of the project . So what do

13:32.960 --> 13:35.071
you , what do I mean by completion of

13:35.071 --> 13:37.419
the project ? Well , this , that older

13:37.419 --> 13:39.308
rule had a protection period that

13:39.308 --> 13:41.419
started a contract award and it ended

13:41.419 --> 13:44.710
five years after completion of the

13:44.710 --> 13:47.190
project . So , you're probably thinking ,

13:47.309 --> 13:49.500
well is project the same thing as

13:49.500 --> 13:52.549
contract ? No , it's not . Because a

13:52.549 --> 13:55.909
project can span across multiple

13:55.909 --> 13:58.789
contracts , multiple phases , and so it

13:58.789 --> 14:01.469
created this kind of daisy chaining of

14:01.469 --> 14:03.390
contracts that could extend the

14:03.390 --> 14:06.849
protection period . Over these multiple

14:06.849 --> 14:09.020
contracts and multiple phases , and

14:09.020 --> 14:12.119
definitely . The current service center

14:12.119 --> 14:14.341
protection rule is a little different ,

14:14.341 --> 14:16.280
and you see that this is 2020 and

14:16.280 --> 14:19.179
beyond . So now we have this single

14:19.179 --> 14:22.419
non-extendable 20 year term , and it

14:22.419 --> 14:25.539
basically starts a contract award and

14:25.539 --> 14:27.706
it replaces this previous , you know ,

14:27.706 --> 14:29.650
daisy chaining period , and you'll

14:29.650 --> 14:31.706
notice that it begins on the date of

14:31.706 --> 14:34.210
award , um , of a date of award of the

14:34.210 --> 14:36.266
contract in which the super data was

14:36.266 --> 14:38.340
developed or generated and ends 20

14:38.340 --> 14:41.099
years after that contract award date .

14:41.900 --> 14:43.567
Unless there was some kind of

14:43.567 --> 14:45.233
negotiation that , you know ,

14:45.539 --> 14:47.428
determined a different protection

14:47.428 --> 14:49.595
period . So , you're , you're probably

14:49.595 --> 14:51.817
wondering , well , how does that work ?

14:51.817 --> 14:54.039
And we're gonna be getting into exactly

14:54.039 --> 14:56.261
how we apply that to specific contracts

14:56.261 --> 14:58.372
in particular deliverables that , you

14:58.372 --> 15:00.150
know , may make this a bit more

15:00.150 --> 15:03.659
complicated . Um , so let's go to the

15:03.659 --> 15:07.080
next slide . A bit more about that

15:07.080 --> 15:09.429
super sitter protection period . Um ,

15:09.599 --> 15:12.000
as I said , it was not extenable , and

15:12.000 --> 15:14.239
so that means that , you know , if you

15:14.239 --> 15:17.000
have these subsitter contracts and

15:17.000 --> 15:19.440
another port the under which the the

15:19.440 --> 15:21.640
portion of the sub was already used or

15:21.640 --> 15:23.696
delivered , then you don't have that

15:23.696 --> 15:26.159
extension and it's really important to

15:26.159 --> 15:28.130
kind of follow the data if you're

15:28.130 --> 15:31.599
trying to figure out what version of

15:31.599 --> 15:34.119
the clause applies . It's gonna be very

15:34.119 --> 15:36.909
important to consider . Under what

15:36.909 --> 15:40.190
contract was that super super data

15:40.190 --> 15:43.590
originally generated ? And what clause

15:43.859 --> 15:46.510
was in that contract ? So if you're

15:46.510 --> 15:48.677
wondering how that looks , we're going

15:48.677 --> 15:50.732
to be doing several knowledge checks

15:50.732 --> 15:52.732
that are going to get into those um

15:52.732 --> 15:54.899
particular issues , but before we do ,

15:54.989 --> 15:57.100
it's gonna be important to understand

15:57.100 --> 16:00.789
what happens after the sier sitter data

16:00.789 --> 16:04.099
protection period is over . You must so

16:04.099 --> 16:05.821
when you see that we have this

16:05.821 --> 16:07.821
perpetual government purpose rights

16:07.821 --> 16:09.932
license , you're you may be wondering

16:09.932 --> 16:12.969
well under a non-seed clause .

16:13.659 --> 16:15.770
A government purpose rights license

16:15.770 --> 16:18.250
converts to an unlimited rights license

16:18.250 --> 16:20.210
after 5 years . When you have a

16:20.210 --> 16:22.210
perpetual government purpose rights

16:22.210 --> 16:24.210
license , it does not convert to an

16:24.210 --> 16:26.377
unlimited rights license , so it stays

16:26.377 --> 16:28.849
that way , you know , forever unless

16:28.849 --> 16:31.210
there is some other term negotiated .

16:32.659 --> 16:35.030
Um , and you can see that right there ,

16:35.070 --> 16:37.739
the site under the 7018 clause in

16:37.739 --> 16:39.795
paragraph C if you want to see it in

16:39.795 --> 16:43.380
the clause . Let's do a couple of

16:43.380 --> 16:46.179
knowledge checks to see how , how well

16:46.179 --> 16:48.099
you're understanding all of these

16:48.099 --> 16:51.169
different topics , um , and I will be

16:51.380 --> 16:53.780
looking at the chat for all of your

16:53.780 --> 16:56.700
excellent , um , responses .

16:58.419 --> 17:01.580
OK . Um , Deborah Cocheck , I just

17:01.580 --> 17:03.747
wanna make sure that we're still , the

17:03.747 --> 17:06.479
signal that is , it's still good . Yes

17:06.479 --> 17:10.250
ma'am . Awesome . OK , so let me set up

17:10.250 --> 17:13.130
the scenario . I've got small tech ,

17:13.170 --> 17:15.569
this great silver sitter contractor ,

17:15.680 --> 17:17.920
and they have generated and delivered

17:17.920 --> 17:21.479
sitter data under a 2021

17:21.479 --> 17:25.050
sever contract . OK , so that means

17:25.050 --> 17:28.250
2021 , that's post the 2020 class

17:28.250 --> 17:31.489
deviation . So we're talking about the

17:31.489 --> 17:35.180
20 year protection period . So ,

17:36.280 --> 17:38.339
Um , the small small tech delivers

17:38.339 --> 17:41.819
identical data . Under a later phase

17:41.819 --> 17:45.790
3 contract . And small tech is

17:45.790 --> 17:47.846
going to search serve data rights in

17:47.846 --> 17:50.430
this data . Does the redelivery of the

17:50.430 --> 17:54.030
same data extend the 20 year server

17:54.030 --> 17:56.599
protection period ? Let's look at your ,

17:56.680 --> 17:59.060
let's look at your answers . Let's look

17:59.060 --> 18:02.140
at the poll . What did everyone say ? I

18:02.140 --> 18:05.489
see , I see Arlene says , says no ,

18:06.060 --> 18:08.540
I see Rob says no , Kristen says no ,

18:08.660 --> 18:11.859
Joel says no . Guys are smart . OK ,

18:12.099 --> 18:14.290
I'm seeing a lot of no's , I'm loving

18:14.290 --> 18:16.123
all of the different responses .

18:17.670 --> 18:18.390
OK .

18:21.760 --> 18:23.927
I'm seeing a majority , let's see what

18:23.927 --> 18:25.982
the what the numbers are coming in .

18:25.982 --> 18:29.030
92% of you guys said no . Correct .

18:29.930 --> 18:32.152
You have to remember that redelivery of

18:32.152 --> 18:34.530
identical server data under a later

18:34.530 --> 18:38.099
contract does not extend does not

18:38.099 --> 18:40.979
extend that that data protection period .

18:41.099 --> 18:43.800
So you guys are doing great . Awesome .

18:43.979 --> 18:46.312
Let's keep this , let's keep this going .

18:46.312 --> 18:48.500
Let's keep this quiz going , you are

18:48.500 --> 18:50.849
clearly paying attention . I appreciate

18:50.849 --> 18:53.579
that . Let me go to the next slide .

18:55.619 --> 18:58.619
OK , let's try another one . So we have

18:58.619 --> 19:00.959
small tech again . Let's go back in

19:00.959 --> 19:04.520
time . They generate and deliver server

19:04.520 --> 19:08.390
data under a 2016 phase two

19:08.390 --> 19:10.501
server contract . So I'm , I'm really

19:10.501 --> 19:13.430
highlighting that 2016 to let you know

19:13.760 --> 19:17.000
that we're we're before the 2020 class

19:17.000 --> 19:19.500
deviation , so that we're in the five

19:19.500 --> 19:22.479
year daisy training rule , OK .

19:23.390 --> 19:26.719
So , small tech delivers identical data

19:26.719 --> 19:29.010
in a series of follow-on contracts ,

19:29.089 --> 19:33.060
and it keeps going until 2025 ,

19:33.250 --> 19:35.770
it got a phase three contract . It's an

19:35.770 --> 19:37.770
extension of that research effort .

19:38.750 --> 19:41.349
From 2016 , it's , it's identical

19:41.349 --> 19:44.709
though . So , 2025 , phase three

19:44.709 --> 19:47.150
contract , they assert sever data

19:47.150 --> 19:49.979
rights . Which separate definition of

19:49.979 --> 19:53.349
the cyber protection period applies to

19:53.689 --> 19:57.140
this iber data ? Is it A ?

19:58.000 --> 20:01.609
The one from the 2016 contract , is it

20:01.719 --> 20:04.670
be the one from the 2025 contract ?

20:05.319 --> 20:08.239
Or am I gonna have to talk , talk to

20:08.239 --> 20:10.270
like a whole bunch of lawyers and

20:10.270 --> 20:12.492
conduct officers and get back to you in

20:12.492 --> 20:14.714
a couple of years ? I just don't know .

20:14.714 --> 20:16.881
We gotta get that , gotta get like a ,

20:16.881 --> 20:18.714
you know , uh a whole book of an

20:18.714 --> 20:20.770
opinion together . It's gonna take a

20:20.770 --> 20:22.881
while . What do you guys think ? Um .

20:23.469 --> 20:27.130
So I'm seeing in the chat . I see

20:27.390 --> 20:30.949
George , hey , he says A . Michael

20:30.949 --> 20:34.880
Winkler from NGA says a . Timothy

20:34.880 --> 20:38.729
says A , Michael LeFrat says A , OK .

20:39.050 --> 20:40.994
OK , I'm seeing a lot of A's , I'm

20:40.994 --> 20:44.369
seeing some C's . OK . Let's see .

20:46.119 --> 20:48.349
What the poll says so far .

20:49.900 --> 20:53.300
I see 3% of people pick C . OK ,

20:53.869 --> 20:55.925
I see , I see my lawyers out there .

20:58.239 --> 21:00.589
And I see the majority of you guys

21:00.589 --> 21:04.250
actually said the 2016 contract . You

21:04.250 --> 21:07.170
are correct , you are correct . So a

21:07.170 --> 21:10.290
couple things to highlight . One , the

21:10.290 --> 21:12.849
data is identical from that previously

21:12.849 --> 21:16.359
delivered , um . Contract . So so that

21:16.359 --> 21:18.526
the data that that is it's exactly the

21:18.526 --> 21:20.581
same data as previously delivered in

21:20.581 --> 21:22.637
the 26 contract . So that's why that

21:22.637 --> 21:25.910
2016 version of the clause is going to

21:25.910 --> 21:27.959
govern . And you have to note that

21:27.959 --> 21:30.959
because the old 5 year daisy chaining

21:30.959 --> 21:32.869
rule applies , you can have these

21:32.869 --> 21:35.091
indefinite extensions of the protection

21:35.091 --> 21:37.119
period for subsequent delivery of

21:37.119 --> 21:39.959
identical data , as long as the project

21:39.959 --> 21:42.199
has not been completed and 5 years

21:42.199 --> 21:44.790
hasn't passed . Um , so the lesson here

21:45.520 --> 21:48.479
is to focus on the contract under which

21:48.479 --> 21:50.535
the data was first generated and the

21:50.535 --> 21:52.800
protection period is going to flow from

21:52.800 --> 21:54.744
the terms of that contract . So in

21:54.744 --> 21:58.329
short , follow the data , OK . Let's ,

21:58.719 --> 22:02.390
let's try another quiz question .

22:03.609 --> 22:06.800
And see how you guys are doing . OK ,

22:07.000 --> 22:10.329
even more complicated . What if small

22:10.329 --> 22:13.760
tech Develops and delivers a

22:13.760 --> 22:17.459
modified version . Of prior data ,

22:17.510 --> 22:20.099
which was originally generated under a

22:20.099 --> 22:23.930
2010 . Super phase one contract .

22:24.729 --> 22:28.569
Under a later 2021 . Phase

22:28.569 --> 22:32.180
3 contract . So we have some

22:32.180 --> 22:35.589
data that's from the old rule .

22:36.319 --> 22:39.630
And we have some data that's from

22:40.930 --> 22:44.729
A contract that has the new rule . OK ,

22:44.930 --> 22:48.209
so what are our choices here ? One , is

22:48.209 --> 22:51.400
it just all fitting under the

22:51.969 --> 22:55.020
20 year ? Data protection role ?

22:55.880 --> 22:59.130
Is it all governed by the ? Is it

22:59.130 --> 23:02.569
governed by the five-year rule ? Or

23:02.569 --> 23:06.089
C , a mix of the two . What do you guys

23:06.089 --> 23:08.270
think ? I'm looking at the chat .

23:09.949 --> 23:12.282
This is definitely an advanced question ,

23:12.282 --> 23:15.729
guys . Jennifer says

23:15.729 --> 23:19.449
negotiable . That's not a big answer .

23:19.790 --> 23:23.109
A lot of C's . OK .

23:24.890 --> 23:28.890
The answer is C . And I'll tell

23:28.890 --> 23:31.329
you why . So remember how I said follow

23:31.329 --> 23:34.910
the data . So there are portions that

23:34.910 --> 23:37.680
were first generated under that

23:37.680 --> 23:41.109
2010 contract with that five

23:41.109 --> 23:43.510
year data protection period , and there

23:43.510 --> 23:46.310
are parts that were generated under the

23:46.310 --> 23:49.689
2021 contract with the 20 year rule .

23:49.989 --> 23:52.030
And if you follow the data , we

23:52.030 --> 23:54.949
realized that some are from the

23:54.949 --> 23:57.171
contract with the old rule , and so the

23:57.171 --> 23:59.449
old rule will apply for those portions ,

23:59.500 --> 24:01.667
and there's going to be some that were

24:01.667 --> 24:04.739
from a contract . That has a new rule ,

24:04.910 --> 24:07.077
and in those cases , the new rule will

24:07.077 --> 24:09.859
apply . So , I know that seems kind of

24:09.859 --> 24:12.081
complicated , but you guys really did a

24:12.081 --> 24:14.130
great job with this question . Um ,

24:14.380 --> 24:16.609
definitely earning your your PhD in

24:16.609 --> 24:18.720
sippersitter data rights . Very proud

24:18.720 --> 24:20.942
of you guys . OK , so let's keep moving

24:20.942 --> 24:23.729
and learn some more about the scope of

24:23.729 --> 24:27.089
sipper sitter data . So , as you saw

24:27.459 --> 24:29.792
there was from these previous questions ,

24:29.792 --> 24:32.339
there was a mix of uh a mix of

24:32.339 --> 24:34.450
contracts from different phases , and

24:34.450 --> 24:36.910
in all of these cases , Siversitter

24:36.910 --> 24:38.854
data rights still applies . That's

24:38.854 --> 24:40.688
really important to know in your

24:40.688 --> 24:42.688
everyday practice , especially when

24:42.688 --> 24:44.910
we're talking about situations where it

24:44.910 --> 24:47.077
may not be as clear , um , because you

24:47.077 --> 24:50.939
either have a prime who is not

24:50.939 --> 24:53.270
a sub sitter contractor , and so it may

24:53.270 --> 24:55.326
not seem on the face of the contract

24:55.326 --> 24:57.548
that you see a sub sitter contractor in

24:57.548 --> 25:01.040
play , but subsitter data rights still

25:01.040 --> 25:03.096
apply even if you're talking about a

25:03.096 --> 25:05.207
subcontractor . It applies regardless

25:05.207 --> 25:07.373
of the phase , and I'm gonna point out

25:07.373 --> 25:10.250
a couple of um some language from the

25:10.250 --> 25:13.869
DFAs from 71041D .

25:14.229 --> 25:16.390
You see this language that says phase

25:16.390 --> 25:19.109
three work refers to work that derives

25:19.109 --> 25:22.189
from , extends , or completes an effort

25:22.189 --> 25:25.310
from a prior super severe contract or

25:25.310 --> 25:28.270
agreement . Um , this is really

25:28.270 --> 25:30.459
important to note , and it comes from

25:30.670 --> 25:34.300
the 2023 Siberitter Policy directive .

25:34.469 --> 25:37.010
And if you want some more information

25:37.010 --> 25:40.910
about what's what , um , sipper phase 3

25:40.910 --> 25:43.959
work entails , that is a great resource

25:44.229 --> 25:46.469
to to to learn more about that topic .

25:46.550 --> 25:49.140
As you know , part 227 deals with

25:49.140 --> 25:52.560
patents . Data , uh , and copyrights

25:52.560 --> 25:56.229
and is not dedicated to , you know ,

25:56.339 --> 25:58.800
sit sitter , um , issues , contract

25:58.800 --> 26:01.078
issues . So for more information about ,

26:01.239 --> 26:03.406
uh , that phase 3 work in the scope of

26:03.406 --> 26:05.572
it , I would really recommend that you

26:05.572 --> 26:09.040
take a look at section 4C of the 2023

26:09.040 --> 26:11.262
Siversitter Policy Directive because it

26:11.262 --> 26:13.262
actually provides some examples and

26:13.262 --> 26:15.429
guidance on that . And so keeping that

26:15.429 --> 26:17.869
in mind and applying um the broad scope

26:17.869 --> 26:20.339
of what phase three work can can entail ,

26:20.630 --> 26:23.030
um , it's really important that when

26:23.030 --> 26:26.819
you see data rights assertions that uh

26:26.969 --> 26:30.449
mention . sitter data

26:30.449 --> 26:33.209
rights , uh , there very well may be a

26:33.209 --> 26:35.689
connection that comes from previous

26:35.689 --> 26:37.578
work that derives from extends or

26:37.578 --> 26:39.745
completes an effort under her previous

26:39.745 --> 26:41.967
contract that may not be readily , um ,

26:41.967 --> 26:45.310
you know . Uh , you may not readily

26:45.310 --> 26:47.900
guess at from the , the , the prime

26:47.900 --> 26:50.011
contractor , uh , who is working on ,

26:50.011 --> 26:52.344
on , on that , that particular contract .

26:52.880 --> 26:56.790
OK , so let's , let's talk about

26:56.790 --> 26:58.959
applicability of data rights clauses .

26:58.989 --> 27:01.180
Speaking of prime contracts , because

27:01.180 --> 27:03.619
sometimes when you have a large prime

27:03.619 --> 27:06.229
contractor , you might presume that

27:06.229 --> 27:08.285
we're gonna be using non-sitter data

27:08.285 --> 27:10.589
rights clauses , and , and that's not

27:10.589 --> 27:12.645
necessarily the case . It could be a

27:12.645 --> 27:14.859
mix of clauses , um , and if you look

27:14.859 --> 27:17.670
at paragraph B , Of

27:17.880 --> 27:20.150
the super data rights clause ,

27:20.400 --> 27:23.560
paragraph B of the other non-commercial

27:23.560 --> 27:25.560
data rights clauses . There's a lot

27:25.560 --> 27:27.782
more information about applicability of

27:27.782 --> 27:29.949
the clauses , but I've decided to give

27:29.949 --> 27:32.116
you a flow chart to kind of give you a

27:32.116 --> 27:34.640
quick overview of the kind of the

27:34.640 --> 27:38.400
clause logic here . So , um , first

27:38.400 --> 27:40.678
ask yourself a question . Was the data ,

27:40.678 --> 27:42.789
the data develop or generated under a

27:42.789 --> 27:45.011
subser contract or subcontract ? If the

27:45.011 --> 27:47.067
answer is yes , you've got a 7 to 18

27:47.067 --> 27:49.289
clause in your hands . If the answer is

27:49.289 --> 27:51.511
no , then the next question you want to

27:51.511 --> 27:55.199
ask is , um , was that a was that data

27:55.199 --> 27:57.255
or software related to it other than

27:57.255 --> 27:59.510
commercial product or service ? Well ,

27:59.719 --> 28:03.239
if it is non-commercial , then you

28:03.239 --> 28:06.000
either have a 7013 clause for data .

28:07.349 --> 28:10.020
And you have the 70/14 clause for

28:10.189 --> 28:12.540
software . If you're talking about a

28:12.540 --> 28:14.596
commercial product or service , then

28:14.596 --> 28:18.209
you have the 70-15 clause for

28:18.619 --> 28:20.819
commercial technical data , and if you

28:20.819 --> 28:22.763
have commercial software under the

28:22.763 --> 28:25.770
DFA's rules , we use the standard

28:25.770 --> 28:29.689
commercial license . Unless there

28:29.689 --> 28:33.209
is a um a a need , uh , unless the

28:33.209 --> 28:35.320
license does not meet the the federal

28:35.320 --> 28:37.265
government's needs , or there is a

28:37.265 --> 28:39.209
conflict with federal law , and in

28:39.209 --> 28:41.550
those cases we negotiate um terms that

28:41.729 --> 28:44.599
would be um That would be consistent

28:44.599 --> 28:48.239
with uh user needs or federal law . OK ,

28:48.359 --> 28:50.470
so that's the quick flow chart to get

28:50.470 --> 28:52.581
you to the right clause , and in many

28:52.581 --> 28:54.803
cases , you might have multiple clauses

28:54.803 --> 28:57.026
under a single contract , and that is A

28:57.026 --> 29:00.800
OK . OK , so

29:01.170 --> 29:04.530
let's talk about some of the new

29:04.530 --> 29:06.609
provisions and clauses that were

29:06.609 --> 29:08.969
introduced by this uh silver sitter

29:08.969 --> 29:12.800
rule . So , um , one

29:12.800 --> 29:16.229
is the , the , uh , 7440 ,

29:16.319 --> 29:19.189
um , uh , sitters specific provision ,

29:19.479 --> 29:22.540
and basically it requires , um , and it

29:22.540 --> 29:25.000
just a a quick note , um , what I'm

29:25.000 --> 29:27.056
talking about , sitter , I'm talking

29:27.056 --> 29:28.889
about , um , small business tech

29:28.889 --> 29:31.056
transfer the , the small business tech

29:31.056 --> 29:33.056
talent transfer program , um , so .

29:35.469 --> 29:37.949
One , these provisions and clauses

29:37.949 --> 29:41.229
basically ensure alignment um with the

29:41.229 --> 29:43.750
subitter data rights clauses and

29:43.750 --> 29:46.709
policies that are found in the

29:46.709 --> 29:49.229
subsitter policy directive about

29:49.229 --> 29:50.951
protecting the IP interests of

29:50.951 --> 29:52.896
contractors . So just a quick note

29:52.896 --> 29:55.430
about why we have these this new

29:55.430 --> 29:57.810
provision , this new clause . So the

29:57.810 --> 30:01.410
provision basically requires a written

30:01.410 --> 30:03.410
agreement between the offer and the

30:03.410 --> 30:05.632
research institution , and that written

30:05.632 --> 30:07.521
agreement is going to explain the

30:07.521 --> 30:09.880
rights and responsibilities um for IP .

30:10.349 --> 30:12.460
It's going to explain which party can

30:12.460 --> 30:14.682
obtain patents , and it's going to also

30:14.682 --> 30:16.793
indicate very clearly that there's no

30:16.793 --> 30:18.793
conflict with the super data rights

30:18.793 --> 30:20.849
clauses . It's also going to have ri

30:20.849 --> 30:22.682
representation that the offer is

30:22.682 --> 30:22.489
satisfied with the agreement and

30:22.489 --> 30:24.656
doesn't conflict with the solicitation

30:24.656 --> 30:26.767
requirements , and that is to protect

30:26.767 --> 30:28.822
the IP interests of the contractor .

30:28.822 --> 30:30.933
And this is really important , as you

30:30.933 --> 30:32.989
can see , that failure to submit the

30:32.989 --> 30:32.650
agreement with the offer can make the

30:32.650 --> 30:35.589
offer more ineligible for award . And

30:35.589 --> 30:37.311
the KO is going to attach that

30:37.311 --> 30:39.089
agreement representation to the

30:39.089 --> 30:43.030
contract . So the clause is very

30:43.030 --> 30:46.180
similar to this solicitation provision .

30:46.510 --> 30:48.510
Um , the contractor is gonna submit

30:48.510 --> 30:50.454
that written agreement between the

30:50.454 --> 30:52.788
contractor and the research institution ,

30:52.788 --> 30:54.899
and once again they're gonna say that

30:54.899 --> 30:54.869
the contractors is satisfied with this

30:55.670 --> 30:57.892
this written agreement , and it doesn't

30:57.892 --> 30:59.892
conflict with the civil data rights

30:59.892 --> 31:02.003
clauses , and if there are any mods .

31:03.319 --> 31:05.670
We are going to also kind of foot stomp

31:05.670 --> 31:09.109
on that that modification

31:09.479 --> 31:12.640
um must include the allocation of

31:12.640 --> 31:14.696
rights and responsibilities for IP ,

31:14.729 --> 31:16.920
who can obtain patents , the written

31:16.920 --> 31:18.920
representation that the contractors

31:18.920 --> 31:20.976
satisfied , and there's no conflicts

31:20.976 --> 31:23.031
with the data rights clause . So you

31:23.031 --> 31:25.420
can see again and again . The that the

31:25.420 --> 31:28.459
fingerprints of the policy directive to

31:28.459 --> 31:30.750
ensure protection of the IP interests

31:30.750 --> 31:33.540
of the contractor , um , and that there

31:33.540 --> 31:35.979
are no conflicts with the sier sitter

31:35.979 --> 31:38.459
data rights clause . OK , so that's a

31:38.459 --> 31:40.939
quick note about that , those two new

31:40.939 --> 31:42.540
clauses and provisions .

31:45.079 --> 31:48.810
OK , uh , and other Quick notes

31:48.810 --> 31:51.939
about changes that you could see um in

31:51.939 --> 31:54.930
the DFAs about that are referencing the

31:54.930 --> 31:57.540
super policy directive . Uh , as I

31:57.540 --> 32:01.500
mentioned before , part 227 is related

32:01.500 --> 32:04.520
to patents , data and and copyrights .

32:04.839 --> 32:06.895
Um , there are going to be things in

32:06.895 --> 32:09.006
the policy directive that are outside

32:09.006 --> 32:10.728
of the scope . Of Part 227 and

32:10.728 --> 32:12.950
therefore we're outside of the scope of

32:12.950 --> 32:15.755
this final rule . Um , but , uh , Part

32:15.755 --> 32:19.545
227 does try to direct users to

32:19.545 --> 32:21.665
that content in the policy directive

32:21.665 --> 32:25.385
that would be helpful to , um , proper

32:25.385 --> 32:27.329
execution and application of those

32:27.329 --> 32:30.439
guidance and in particular . Point to

32:30.439 --> 32:33.410
uh the considerations about handling of

32:33.410 --> 32:35.521
prototypes , things like disclosure ,

32:35.521 --> 32:37.521
reverse engineering under subversit

32:37.521 --> 32:39.770
awards . So , you know , to basically

32:39.770 --> 32:41.609
um avoid anything that would be

32:41.609 --> 32:44.199
inconsistent with those subversitter

32:44.199 --> 32:46.255
program objectives . So just a quick

32:46.255 --> 32:48.032
note to drive you to that great

32:48.032 --> 32:50.032
resource in that policy directive .

32:51.349 --> 32:53.349
Let's do a quick knowledge check on

32:53.349 --> 32:55.571
this , on a different issue . This is a

32:55.571 --> 32:57.849
little bit of a um a , a cold question ,

32:57.849 --> 33:00.182
but I know you can do a great job on it .

33:00.182 --> 33:02.405
Um , I will take a look at the chat and

33:02.405 --> 33:04.810
see . What you guys think about this

33:04.810 --> 33:07.339
first question . So true or false ?

33:08.739 --> 33:11.819
Solicitations for contract awards

33:11.819 --> 33:15.750
cannot . Include IP related

33:15.750 --> 33:18.349
evaluation factors . What do you think ?

33:18.619 --> 33:22.579
Is that true or false ? Let's

33:22.579 --> 33:26.390
look at the picture , OK . Casey

33:26.390 --> 33:28.630
says false . Leslie says no way it's

33:28.630 --> 33:31.729
false . OK , Bangu says false . Hey

33:31.729 --> 33:34.939
Binggu . um , and let's see ,

33:35.150 --> 33:38.400
Natalia says false , John Moore says

33:38.400 --> 33:41.550
false . OK , I'm seeing a lot of

33:41.550 --> 33:45.000
answers out here . Let's take a look

33:45.000 --> 33:48.859
at See , do we have the poll summary

33:48.859 --> 33:51.010
yet ? Let's give you guys a chance to

33:51.010 --> 33:51.609
answer .

33:57.630 --> 34:01.459
OK . I think

34:01.469 --> 34:02.979
from what I can see ,

34:07.300 --> 34:10.169
Seems to be a lot of answers that say

34:10.169 --> 34:13.729
false . Deborah , what's the break down

34:13.729 --> 34:17.659
at this point . Uh , on the , on

34:17.659 --> 34:20.260
the report , we've got 69% reporting

34:20.260 --> 34:23.899
false , and 31 , it's true , out of

34:23.899 --> 34:25.939
39 responses for question one .

34:27.459 --> 34:30.929
OK , well , I'll show you why , but

34:30.929 --> 34:32.985
from the from the DAS guidance , but

34:32.985 --> 34:35.750
the answer is actually that's false .

34:37.209 --> 34:39.265
And I'll , I'll , I'll give you more

34:39.265 --> 34:41.431
information from the DAs in a moment ,

34:41.431 --> 34:43.209
but let's try another , another

34:43.209 --> 34:46.459
question . Um , a solicitation must not

34:46.459 --> 34:50.139
in any way make issuance of sit award

34:50.139 --> 34:51.806
conditional upon the awarding

34:51.806 --> 34:54.010
negotiating or consenting to negotiate

34:54.300 --> 34:56.411
a special negotiated license or other

34:56.411 --> 34:58.522
agreement regarding sitter data . The

34:58.522 --> 35:01.139
negotiation of any special negotiated

35:01.139 --> 35:03.540
license agreement shall be granted only

35:03.540 --> 35:06.689
after award . I remember there was a

35:06.689 --> 35:09.080
note earlier in the presentation where

35:09.080 --> 35:10.858
someone said , hey , you should

35:10.858 --> 35:12.969
negotiate that . So this is really on

35:12.969 --> 35:15.191
point . What do you think is the answer

35:15.191 --> 35:17.136
to this question ? Is that true or

35:17.136 --> 35:19.191
false , that statement in the second

35:19.191 --> 35:22.620
bullet point . Let's take a look .

35:24.679 --> 35:27.790
Alexis says true , Patrick says true ,

35:28.159 --> 35:31.800
Row says true . I don't know . uh Wendy

35:31.800 --> 35:35.270
says false , Sarah says true .

35:36.929 --> 35:40.520
A lot of truths out there . OK .

35:41.709 --> 35:43.939
Kimberly says , true .

35:44.790 --> 35:48.260
Negotiate OK .

35:51.020 --> 35:54.870
So , the answer for this one is

35:54.870 --> 35:58.850
true . So , I know for some people this

35:58.850 --> 36:00.572
some of these answers may seem

36:00.572 --> 36:02.794
counterintuitive , so let's go straight

36:02.794 --> 36:06.100
to the source . Let's take a look . At

36:06.610 --> 36:08.832
the DFAs . So first , let's take a look

36:08.832 --> 36:11.110
at the DA's guidance and IP evaluation .

36:11.620 --> 36:13.676
So you can see right here under part

36:13.676 --> 36:17.129
222771041 , it says ,

36:17.379 --> 36:19.699
um , consistent with the guidance in

36:19.699 --> 36:21.755
this section and other sections that

36:21.755 --> 36:23.699
are related to IP evaluation , the

36:23.699 --> 36:25.921
government may use information provided

36:25.921 --> 36:28.032
by authors in response to a cessation

36:28.032 --> 36:27.939
and source selection process to

36:27.939 --> 36:30.580
evaluate the impact of proposed

36:30.580 --> 36:32.413
restrictions on the government's

36:32.413 --> 36:34.469
ability to use or disclose technical

36:34.469 --> 36:37.909
data or software . So , It is OK to do

36:37.909 --> 36:40.350
IP evaluation in this instance with

36:40.350 --> 36:43.479
super sitter uh contracts and also in

36:43.479 --> 36:45.312
non-sever sitter contracts , but

36:45.312 --> 36:47.535
there's a way to do it right in the way

36:47.535 --> 36:49.479
that that is still consistent with

36:49.479 --> 36:51.590
other guidance in this section that's

36:51.590 --> 36:53.479
consistent with statutes , that's

36:53.479 --> 36:55.368
consistent with the sub sitter um

36:55.368 --> 36:57.590
policy directive . And so I'll get into

36:57.590 --> 36:59.989
that in a second . Um , so we're

36:59.989 --> 37:03.919
talking about um . Also ,

37:05.169 --> 37:07.050
This guidance right here about

37:07.050 --> 37:10.739
pre-award negotiations . So ,

37:10.909 --> 37:14.469
under 227-71042 , it

37:14.469 --> 37:16.939
clearly says you can only negotiate

37:17.310 --> 37:21.139
after contract award , and you cannot

37:21.139 --> 37:23.083
make contract award conditional on

37:23.083 --> 37:25.250
negotiating or consenting to negotiate

37:25.250 --> 37:27.083
a special license . So that's to

37:27.083 --> 37:30.949
protect the the IP interests of

37:30.949 --> 37:33.350
our subversitor contract uh contractors .

37:34.530 --> 37:37.659
But at the same time , the policy

37:38.010 --> 37:41.689
directive um does and and as the DAs

37:41.689 --> 37:44.169
does allow for IP evaluation because

37:44.169 --> 37:46.058
that can be done in a way that is

37:46.058 --> 37:48.169
consistent with those policies . So I

37:48.169 --> 37:50.169
just want to know there's kind of a

37:50.169 --> 37:52.330
balancing of the IP interests of our

37:52.330 --> 37:54.649
contractors and also understanding the

37:54.649 --> 37:56.929
mission needs for these programs . And

37:56.929 --> 37:59.151
so these things can be done at the same

37:59.151 --> 38:01.207
time in a way that's consistent with

38:01.207 --> 38:03.919
one another . Um , I'm going to go to

38:03.919 --> 38:07.320
the next slide . On a different topic .

38:08.439 --> 38:10.272
Let's do another uh kind of cold

38:10.272 --> 38:13.959
knowledge check . So , Here is another

38:13.959 --> 38:17.600
true or false question . Uh , other

38:17.600 --> 38:20.439
than contract number , contractor name ,

38:20.520 --> 38:23.350
and address , the super marketing

38:23.350 --> 38:25.840
requirements can only require

38:25.840 --> 38:28.080
contractors to list the expiration date

38:28.439 --> 38:30.600
for the data protection period . Is

38:30.600 --> 38:32.310
that true or false ?

38:39.629 --> 38:41.669
OK , I'm looking at the answers .

38:41.709 --> 38:43.989
They're starting to stack up . I'm

38:43.989 --> 38:46.870
seeing a lot of answers that say false ,

38:47.070 --> 38:48.939
back 100% at this point .

38:51.909 --> 38:55.729
OK . Um , quite a few ,

38:56.419 --> 38:59.399
almost like 98% at this point , of

38:59.399 --> 39:02.300
answers that say false .

39:03.540 --> 39:06.100
You are correct . That is a false

39:06.100 --> 39:08.156
statement , and this is a , you guys

39:08.156 --> 39:10.267
did great . This is a this is a trick

39:10.267 --> 39:12.433
question , to be honest with you , and

39:12.433 --> 39:14.322
so I'm so impressed that you guys

39:14.322 --> 39:16.750
caught this . Let me show you how this

39:16.750 --> 39:20.290
breaks down . Here is a standard

39:20.290 --> 39:23.169
government purpose rights marking that

39:23.169 --> 39:25.570
is straight from the DARS . So you can

39:25.570 --> 39:28.610
see here there is an expiration date

39:28.610 --> 39:31.239
for the GPR period . So normally , uh ,

39:31.250 --> 39:33.729
with GPR after 5 years , it converts to

39:33.729 --> 39:35.951
an unlimited rights license . There's a

39:35.951 --> 39:37.785
nice little blank that tells you

39:37.785 --> 39:40.007
exactly when that occurs so that anyone

39:40.007 --> 39:42.229
who's handling the data doesn't have to

39:42.229 --> 39:44.562
go back to the contract , they can know ,

39:44.562 --> 39:46.340
OK , this is the point where it

39:46.340 --> 39:48.780
converts to unlimited rights . When you

39:48.780 --> 39:50.724
look at a super sitter data rights

39:50.724 --> 39:53.429
marking , you can see here there is an

39:53.429 --> 39:55.899
expiration of the sippersitter data

39:55.899 --> 39:58.066
protection period . So we can tell you

39:58.066 --> 39:59.955
right off the bat , when does the

39:59.955 --> 40:02.010
protection period end , that 20 year

40:02.010 --> 40:04.177
protection period , and so when do the

40:04.177 --> 40:06.010
when is the perpetual government

40:06.010 --> 40:09.139
purpose rights period um begin ? But

40:09.350 --> 40:12.830
you have to note that that

40:12.830 --> 40:14.830
perpetual government purpose rights

40:14.830 --> 40:17.580
period could be modified via

40:17.580 --> 40:19.790
negotiation . The parties could

40:19.790 --> 40:22.179
negotiate a completely different period

40:22.469 --> 40:25.379
that is not perpetual . And so in that

40:25.379 --> 40:28.899
case , there is a blank for that that

40:28.899 --> 40:30.959
anticipates that that might happen .

40:31.100 --> 40:33.156
And so this is really helpful from a

40:33.156 --> 40:35.620
practical standpoint for users who

40:35.620 --> 40:37.676
don't have the super sitter contract

40:37.676 --> 40:39.870
handy , and they just have the data on

40:39.870 --> 40:42.110
hand . This accounts for this and help

40:42.110 --> 40:45.949
and helps the everyday users know how

40:45.949 --> 40:49.360
to handle that that super data properly

40:49.360 --> 40:51.471
and in accordance with the contract .

40:51.471 --> 40:53.749
That's a , it's a great practical tool .

40:53.749 --> 40:55.916
So I just wanted to bring that to your

40:55.916 --> 40:58.138
attention with that trick question . So

40:58.138 --> 40:57.889
I hope that you learned a little bit

40:57.889 --> 40:59.722
about data rights marking in the

40:59.722 --> 41:02.350
process . OK , so let's move on to

41:02.350 --> 41:06.229
another question . Um , so let's do a

41:06.229 --> 41:10.219
knowledge check about omitted markings .

41:10.760 --> 41:13.270
OK , so here's the setup . Play small

41:13.270 --> 41:16.439
tech again . And they received

41:16.439 --> 41:19.679
a siber phase one contract .

41:20.600 --> 41:24.399
And they delivered all of their data

41:24.399 --> 41:27.929
deliverables by the required date . So

41:27.929 --> 41:31.510
they're a great performer , but A year

41:31.510 --> 41:33.939
later , the president of Smalltech

41:34.449 --> 41:38.080
realized he made a mistake . And he did

41:38.080 --> 41:40.870
not mark , he did not mark the data

41:40.870 --> 41:44.479
with several data rights markings . And

41:44.649 --> 41:46.871
he realizes the mistake , and he's kind

41:46.871 --> 41:48.927
of panicking , and he reaches out to

41:48.927 --> 41:50.871
the contracting officer because he

41:50.871 --> 41:53.409
wants to correct his mistake . What

41:53.409 --> 41:57.310
should the KO do ? Should

41:57.310 --> 42:01.270
they reject Mr . Small's request ?

42:02.239 --> 42:06.080
Yes . No . Or do you think we need more

42:06.080 --> 42:08.191
information to answer this question ?

42:08.350 --> 42:10.628
What do you guys think ? And feel free .

42:10.800 --> 42:13.919
If you guys have some comments that are

42:13.919 --> 42:16.141
outside of those three answer choices ,

42:16.141 --> 42:18.197
feel free to add those into the chat

42:18.197 --> 42:19.197
too .

42:27.770 --> 42:31.649
OK , so I'm looking at the chat . And

42:31.649 --> 42:33.760
Jennifer says we need to ask for more

42:33.760 --> 42:37.560
information . And Some of you

42:37.560 --> 42:40.229
say , say no , we shouldn't reject it ,

42:40.600 --> 42:42.767
and I understand this because in a lot

42:42.767 --> 42:46.389
of ways , This sounds like an innocent

42:46.389 --> 42:50.310
mistake . So , is there anyone in the

42:50.310 --> 42:52.588
crowd who thinks that we should reject ?

42:54.260 --> 42:58.080
His request OK , I see

42:58.080 --> 43:00.302
one , I see a remark in the comments as

43:00.302 --> 43:02.600
most cores need to follow the DAs once

43:02.600 --> 43:04.711
it closes it closes . That's a really

43:04.711 --> 43:06.933
good point too . A rule is a rule . The

43:06.933 --> 43:10.290
DAs is supposed to Tell contractors

43:10.290 --> 43:12.689
what to expect and we follow those

43:12.689 --> 43:16.219
rules . To be honest with you , I've ,

43:16.570 --> 43:18.570
I know there is an answer I have in

43:18.570 --> 43:20.514
mind for this , but I think all of

43:20.514 --> 43:23.419
these are valid answers . Um , but I

43:23.419 --> 43:25.475
will , let's , let's , let's look at

43:25.475 --> 43:27.752
the , the , the breakdown from Deborah .

43:29.100 --> 43:31.260
On the let's see . What did you guys

43:31.260 --> 43:34.350
say ? I think the majority of you did

43:34.350 --> 43:36.909
say um that you need more information

43:36.909 --> 43:39.830
to answer this question . Um , that's

43:39.830 --> 43:43.830
kind of where , where I left when I was

43:43.830 --> 43:45.719
looking at this question myself ,

43:45.770 --> 43:49.139
because I , I I , I have questions

43:49.139 --> 43:51.419
about this scenario that really aren't

43:51.419 --> 43:54.810
in the facts , like , for example , Did

43:54.810 --> 43:57.659
Mr . Small , did he identify the

43:57.659 --> 44:00.330
specific data he's talking about in

44:00.899 --> 44:02.732
this request ? Because imagine .

44:03.530 --> 44:06.439
Hundreds Of deliverables under a

44:06.439 --> 44:09.159
contract . And he just says , I

44:09.159 --> 44:11.800
mismarked something . And the KO

44:11.800 --> 44:13.967
doesn't even know which data item he's

44:13.967 --> 44:16.699
talking about . What if the request

44:16.699 --> 44:19.379
came in that vague ? That's problematic

44:19.379 --> 44:21.546
for the KO because even if they wanted

44:21.546 --> 44:23.768
to help , they don't know what specific

44:23.768 --> 44:26.219
data they're talking about . Um , the

44:26.219 --> 44:28.860
other question that I have is , let's

44:28.860 --> 44:32.649
say that Mr . Smalls wants to mark

44:32.860 --> 44:34.638
this data in a way that doesn't

44:34.638 --> 44:36.527
actually conform with the marking

44:36.527 --> 44:38.138
requirements . That could be

44:38.138 --> 44:40.360
problematic to just say yes to him when

44:40.360 --> 44:42.360
you don't even know how he wants to

44:42.360 --> 44:45.229
remark it . Um , the other thing is ,

44:46.080 --> 44:48.247
When Mr . Small sent in this request ,

44:48.360 --> 44:50.527
did he provide documentation that kind

44:50.527 --> 44:52.749
of explains what happened here , so the

44:52.749 --> 44:54.527
KO can kind of make an informed

44:54.527 --> 44:56.749
decision ? You know , I think there are

44:56.749 --> 44:58.971
a lot of well-meaning KOs out there who

44:58.971 --> 45:01.879
want to work with small small

45:01.879 --> 45:03.959
businesses , large businesses , they

45:03.959 --> 45:06.126
want to be . Accommodating , but we do

45:06.126 --> 45:08.292
need to pay for the file in a way that

45:08.292 --> 45:10.292
is responsible and that lets people

45:10.292 --> 45:12.685
know why decisions were made . So there ,

45:12.804 --> 45:14.971
there's a lot of questions to be asked

45:14.971 --> 45:17.475
here . Um , regardless of , you know ,

45:17.804 --> 45:20.885
where you ultimately end up , I , I

45:20.885 --> 45:23.163
think we do need some more information .

45:23.163 --> 45:25.163
And I want to point out a couple of

45:25.163 --> 45:28.909
places . In the D bars that can help us

45:29.229 --> 45:31.500
with these omitted marking procedures .

45:31.790 --> 45:35.600
So part one , you want to look at , um ,

45:35.949 --> 45:38.979
you wanna look at paragraph G2 ,

45:39.510 --> 45:42.510
um , about an inadvertent omission of

45:42.510 --> 45:45.229
restrictive legends , um , for more

45:45.229 --> 45:47.396
information , uh , and , and , and you

45:47.396 --> 45:49.618
can also look at other parts of the DAs

45:49.618 --> 45:51.673
that that the address uh inadvertent

45:51.673 --> 45:53.896
omissions , but I'll , I'll point out a

45:53.896 --> 45:57.090
couple of things . One , when you have

45:57.479 --> 46:00.229
data and software that is provided

46:00.229 --> 46:02.285
without restrictive markings , it is

46:02.285 --> 46:04.340
going to be presumed to be delivered

46:04.340 --> 46:06.507
with unlimited grades . OK , so that's

46:06.507 --> 46:06.239
that's the first , you know ,

46:06.389 --> 46:08.611
assumption that we're frequently making

46:08.611 --> 46:10.778
that makes omitted markings procedures

46:10.778 --> 46:12.469
kind of thorny , um , and

46:14.750 --> 46:17.739
If a contractor does request

46:18.360 --> 46:20.790
um correction of an inadvertent

46:20.790 --> 46:23.520
emissions , the KO should not release

46:23.790 --> 46:26.909
that data or software while the while

46:26.909 --> 46:30.149
that request is being evaluated . There

46:30.149 --> 46:32.371
are some requirements here , as you can

46:32.371 --> 46:36.310
see on this page for such requests , um ,

46:36.629 --> 46:39.110
and one of them is that , you know ,

46:39.189 --> 46:41.356
you have to identify the data software

46:41.356 --> 46:42.967
or documentation you have to

46:42.967 --> 46:44.856
demonstrate that the omission was

46:44.856 --> 46:46.967
inadvertent . You have to acknowledge

46:46.967 --> 46:49.189
that the government has no no liability

46:49.189 --> 46:51.189
for disclosure during the time that

46:51.189 --> 46:53.350
they were unaware that it was the

46:53.350 --> 46:55.620
marking was omitted . And also I'm

46:55.620 --> 46:57.787
gonna point out in this bullet point ,

46:57.787 --> 47:00.120
the request must be received by the KO

47:00.120 --> 47:03.239
within 6 months of delivery of that

47:03.239 --> 47:05.183
data , unless there's some kind of

47:05.183 --> 47:07.350
extension of time that's been approved

47:07.350 --> 47:11.090
and You know , to be blunt , he , he

47:11.090 --> 47:13.129
made that request one year after

47:13.129 --> 47:15.760
delivery . So we , we have to know , he ,

47:15.850 --> 47:18.017
he is delinquent in in many ways , but

47:18.017 --> 47:19.850
we have to figure out did the KO

47:20.169 --> 47:22.225
provide an extension of time that we

47:22.225 --> 47:24.502
don't know about , things of that sort ,

47:24.502 --> 47:27.750
and we also have to know that um When

47:27.750 --> 47:31.570
you have those requests to um put on

47:31.570 --> 47:33.459
conforming and justify restricted

47:33.459 --> 47:36.350
markings . The contractor is going to

47:36.350 --> 47:39.020
make those changes at their expense ,

47:39.550 --> 47:42.510
OK ? So there's a lot of different

47:42.510 --> 47:44.732
parts that are in play here in terms of

47:44.732 --> 47:46.840
uh reviewing a request for omitted

47:46.840 --> 47:49.429
markings , and so it's frequently not

47:49.429 --> 47:51.540
as simple as , you know , yes or no ,

47:51.540 --> 47:53.762
it's frequently , you know , we have to

47:53.762 --> 47:55.818
get all the information , we have to

47:55.818 --> 47:57.596
know , you know , when was this

47:57.596 --> 47:59.707
submitted , was there an extension of

47:59.707 --> 48:01.707
time , we have to be aware of , you

48:01.707 --> 48:04.060
know , How if the contractor says , you

48:04.060 --> 48:06.227
know , can , can you pay for all these

48:06.227 --> 48:08.171
changes and markings and all these

48:08.171 --> 48:09.838
changes have been made at the

48:09.838 --> 48:12.060
contractor's expense . So there's a lot

48:12.060 --> 48:13.949
of great information , uh , and I

48:13.949 --> 48:13.659
really recommend that you take a close

48:13.659 --> 48:15.939
look at that if you have such a request

48:15.939 --> 48:17.606
that comes across your desk .

48:18.919 --> 48:21.669
So , that was a lot of information ,

48:21.739 --> 48:25.239
guys , um , and I

48:25.239 --> 48:28.750
really appreciate this opportunity , um ,

48:29.199 --> 48:31.255
to , to talk to you a bit more about

48:31.255 --> 48:33.255
these DAS changes , and I hope this

48:33.255 --> 48:35.032
presentation has given you some

48:35.032 --> 48:37.143
insights on how super data rights can

48:37.449 --> 48:39.959
uh apply to your everyday practices ,

48:40.080 --> 48:43.399
and I'm going to open up um the floor

48:43.399 --> 48:46.449
for questions . Hey , Asa , it's Vicky

48:46.449 --> 48:48.669
Allams . Uh , thank you so much . Uh ,

48:48.770 --> 48:51.409
there were 3 questions in the chat . If ,

48:51.530 --> 48:53.729
if you want , I can read those out for

48:53.729 --> 48:55.729
you and we could start with those .

48:55.889 --> 48:58.479
Sure , please do . OK , the first one ,

48:59.409 --> 49:01.631
yeah , the first one is a question that

49:01.631 --> 49:03.965
we get all the time as educators at DAU ,

49:04.000 --> 49:06.570
uh , because they're , because of the

49:06.570 --> 49:08.681
different rules . One question we get

49:08.681 --> 49:10.792
is somebody , uh . Alluded to this in

49:10.792 --> 49:13.669
the chat is how do you go about uh

49:13.669 --> 49:16.070
contract management sort of record

49:16.070 --> 49:18.750
keeping um the question in the chat was

49:18.750 --> 49:21.750
related uh to the contractor um you

49:21.750 --> 49:23.939
know how does a contractor keep track

49:23.939 --> 49:27.350
of um data under which contract from

49:27.350 --> 49:29.790
one phase to to another ? The question

49:29.790 --> 49:32.030
we get at DAU is , uh , how does the

49:32.030 --> 49:34.850
government keep track of , of . The

49:34.850 --> 49:37.129
data rise which what applies under

49:37.129 --> 49:39.351
which contract . That's , that's a real

49:39.351 --> 49:41.462
question we get all the time . And so

49:41.462 --> 49:43.462
any advice you could give , I think

49:43.462 --> 49:46.080
would be greatly appreciated . So this

49:46.080 --> 49:48.413
is a really great question , by the way ,

49:48.413 --> 49:51.040
and it , it is actually a broader

49:51.040 --> 49:54.800
question than simply , um , you know ,

49:55.239 --> 49:57.406
in the question of DFAs clauses . It's

49:57.406 --> 49:59.628
a question about program management and

49:59.628 --> 50:01.850
governance . And so for all the program

50:01.850 --> 50:04.072
managers out there , I want to speak to

50:04.072 --> 50:06.239
you directly for , for a second . When

50:06.239 --> 50:08.017
you guys are developing your IP

50:08.017 --> 50:10.072
strategies . There's a lot of things

50:10.072 --> 50:12.239
that go into it . Um , how does it fit

50:12.239 --> 50:14.517
into your overall acquisition strategy ,

50:14.517 --> 50:16.572
but there's a piece of that strategy

50:16.572 --> 50:18.628
that is tactical , it's governance .

50:18.969 --> 50:21.530
How do you take that strategy and

50:21.530 --> 50:23.969
ensure that it is being applied in an

50:23.969 --> 50:27.239
accurate way for the entire life cycle

50:27.239 --> 50:30.489
of your program ? How are you , um ,

50:30.500 --> 50:33.050
connecting each of these tasks and

50:33.050 --> 50:35.050
responsibilities to members of your

50:35.050 --> 50:37.090
team ? How are you keeping kind of

50:37.090 --> 50:39.570
permanence in terms of when people move

50:39.570 --> 50:41.889
um off of the team , how are you gonna

50:41.889 --> 50:44.530
keep those governance um processes in

50:44.530 --> 50:46.949
play ? And I'm gonna connect this . To

50:46.949 --> 50:49.116
this question in a second , because it

50:49.116 --> 50:53.110
really has to do with Are we aware of

50:53.320 --> 50:55.399
the data rights assertions that are

50:55.399 --> 50:58.199
being made in multiple contracts ? Are

50:58.199 --> 51:00.850
we keeping them in a place where we're

51:00.850 --> 51:02.961
managing those data rights assertions

51:02.961 --> 51:06.620
so that we We take those those those

51:06.620 --> 51:10.620
documents and keep them mapped to

51:10.620 --> 51:12.731
particular data items so that when we

51:12.731 --> 51:15.139
are updating our strategies that we're

51:15.139 --> 51:17.306
mindful of that information , and it's

51:17.306 --> 51:19.528
not just some document that states kind

51:19.528 --> 51:21.528
of archived in a contract it's , it

51:21.528 --> 51:23.472
does , it's in there , it's in the

51:23.472 --> 51:25.250
contract , but It needs to be

51:25.250 --> 51:29.169
information that informs not just the

51:29.169 --> 51:31.610
IP strategy , but updates to your IP

51:31.610 --> 51:34.010
strategy and governance of how you

51:34.010 --> 51:36.399
handle that data . So for whenever you

51:36.399 --> 51:38.969
have what a data item is that's

51:38.969 --> 51:41.290
delivered . One of the best things to

51:41.290 --> 51:43.449
go to first when you have a data item

51:43.449 --> 51:45.449
that's delivered is go back to that

51:45.449 --> 51:47.729
assertions table and see how it matches

51:47.729 --> 51:50.330
up with that assertions table . So if

51:50.330 --> 51:53.040
there's a marking that is inconsistent

51:53.040 --> 51:56.189
with the assertion table , Questions

51:56.189 --> 51:59.310
need to be asked . And doesn't mean

51:59.310 --> 52:01.421
isn't need to be a , you know , a , a

52:01.421 --> 52:03.588
big to do or a dispute . It's just the

52:03.588 --> 52:05.754
questions to be asked this data rights

52:05.754 --> 52:07.866
assertions table says this , and this

52:07.866 --> 52:10.189
marking is it's inconsistent , I think

52:10.189 --> 52:12.356
we need to have conversations with our

52:12.356 --> 52:14.411
contractors of how that came to be .

52:14.510 --> 52:17.040
And so making sure that they're aligned

52:17.040 --> 52:20.199
is really essential to the

52:20.570 --> 52:24.419
proper um execution of an IP

52:24.419 --> 52:26.419
strategy . So thank you so much for

52:26.419 --> 52:28.879
this question . It really goes back to

52:29.169 --> 52:31.570
how are we as program programs and

52:31.570 --> 52:33.792
acquisition workforce , uh , taking the

52:33.792 --> 52:36.729
IP strategy , um , applying it .

52:37.510 --> 52:40.889
And having a governance structure that

52:40.889 --> 52:42.959
ensures that um the data rights

52:42.959 --> 52:45.169
assertions are constantly being

52:45.169 --> 52:48.540
reviewed and cross referenced as we get

52:48.540 --> 52:50.484
deliverables to make sure that the

52:50.484 --> 52:52.540
markings are correct , and I'll tell

52:52.540 --> 52:55.550
you . That it all , um , I guess proper

52:55.550 --> 52:58.790
handling of data flows down in this way

52:58.790 --> 53:02.370
and that and if I'm reviewing the

53:02.370 --> 53:04.810
ser's table and cross referencing with

53:04.810 --> 53:06.810
the markings , making sure that the

53:06.810 --> 53:09.060
markings are consistent , that means

53:09.060 --> 53:11.469
when your everyday users are handling

53:11.469 --> 53:14.750
that data , they can be confident that

53:14.750 --> 53:16.583
these markings are appropriate ,

53:16.709 --> 53:19.469
they've been vetted , and that The

53:19.469 --> 53:21.949
markings that they see truly reflect

53:21.949 --> 53:24.060
the government's license rights , and

53:24.060 --> 53:26.510
that each of those users , if they're

53:26.510 --> 53:28.566
following those markings correctly ,

53:28.566 --> 53:30.566
they can be confident that they are

53:30.566 --> 53:32.677
doing the right things to protect the

53:32.677 --> 53:34.899
IP interests of those contractors . And

53:34.899 --> 53:37.919
that um they know exactly what we can

53:37.919 --> 53:40.141
and cannot do with those data items . I

53:40.141 --> 53:41.919
hope that begins to answer your

53:41.919 --> 53:44.149
question . So next question . Uh ,

53:44.189 --> 53:46.522
there's another question . Uh , it says ,

53:46.522 --> 53:48.522
can you have a never-ending sier in

53:48.522 --> 53:52.489
phase 3 ? Hm . Well , um ,

53:52.689 --> 53:54.911
I would say you can have multiple phase

53:54.911 --> 53:57.022
threes . I , I , I don't see anything

53:57.022 --> 53:59.709
in the policy directive that would , um ,

54:00.090 --> 54:02.146
that would prevent that , but I will

54:02.146 --> 54:05.000
say that when it comes to the new rule

54:05.000 --> 54:07.449
for the super data protection period ,

54:07.489 --> 54:10.729
that is a non-extendable , um , 20 year

54:10.729 --> 54:12.969
data protection period , so you have to

54:12.969 --> 54:16.959
kind of , um , Balance it against

54:16.959 --> 54:19.015
that , that even though you can have

54:19.015 --> 54:21.300
multiple sever phase 3 awards , the i

54:21.300 --> 54:23.370
sitter data rights period at this to

54:23.370 --> 54:25.560
the new rule , it is not extendable

54:25.560 --> 54:28.040
past the 20 year period . But that said ,

54:28.500 --> 54:30.556
and speak from from a um a practical

54:30.556 --> 54:32.879
standpoint , especially in software ,

54:33.169 --> 54:36.379
um , software development cycles are

54:37.360 --> 54:39.582
Very fast nowadays . Take a look at the

54:39.582 --> 54:42.600
way AI right now is advancing . 5 years

54:42.600 --> 54:46.340
is like It's , it's a , it's a

54:46.340 --> 54:48.562
century , it almost seems like , like ,

54:48.562 --> 54:50.784
think about 5 years , like what kind of

54:50.784 --> 54:52.896
software we're using 5 years ago . So

54:52.896 --> 54:55.300
20 years in that greater scheme of how

54:55.300 --> 54:57.770
quickly software is developing is a

54:57.770 --> 55:01.260
very long time . So I hope that that .

55:01.760 --> 55:03.360
At least addresses the the

55:03.360 --> 55:05.582
consideration of , you know , does this

55:05.582 --> 55:07.638
20 year period adequately uh protect

55:07.638 --> 55:10.280
the IP interests of our contractors ? I

55:10.280 --> 55:13.560
hope considering um the advances of

55:13.560 --> 55:15.727
technology and those those life cycles

55:15.727 --> 55:19.600
that 20 years seems um adequate . OK ,

55:19.679 --> 55:21.735
here's another great , another great

55:21.735 --> 55:23.679
question . Uh , someone said , our

55:23.679 --> 55:25.623
research into AI breakthroughs and

55:25.623 --> 55:27.790
applications is occurring at 100 times

55:27.790 --> 55:30.012
the rate of any past tech . What is the

55:30.012 --> 55:32.179
server doing to keep pace with private

55:32.179 --> 55:35.590
and adversary investment ? That's a

55:35.590 --> 55:37.812
really good question . Um , and , and a

55:37.812 --> 55:40.689
little bit of the , the IP realm , but ,

55:40.699 --> 55:43.449
um , I wish I had some folks from the

55:43.449 --> 55:46.899
Susit office , um , uh , in under the

55:46.899 --> 55:49.219
Undersecretary of Defense for R&E , um ,

55:49.300 --> 55:52.620
to speak about how they are trying to

55:52.620 --> 55:55.540
lean forward , uh , in terms of those

55:55.540 --> 55:58.540
investments . Um , I , I will note .

55:59.540 --> 56:01.620
That when I have spoke , I've , I've

56:01.620 --> 56:03.953
had opportunities to speak to that team ,

56:03.953 --> 56:06.530
they really do feel that their mission

56:06.530 --> 56:08.363
is aligned with the Secretary of

56:08.363 --> 56:11.169
Defense's um Uh

56:12.659 --> 56:14.770
Priorities on mission readiness ,

56:14.939 --> 56:17.161
because if we think about it this way ,

56:17.161 --> 56:21.120
those investments . will ensure that

56:21.120 --> 56:23.429
the Department of Defense has the most

56:23.429 --> 56:25.989
cutting edge technology in hand , and

56:25.989 --> 56:28.139
that is going to give the best

56:28.139 --> 56:30.909
technology to our warfighters . Um , so

56:30.909 --> 56:33.131
I know this is very important , and I ,

56:33.131 --> 56:35.810
I will . Really encourage you guys to

56:35.810 --> 56:38.580
take a look at the websites for this ,

56:38.590 --> 56:42.489
the DOD um Sipersitter office , and

56:42.489 --> 56:44.545
they have a lot of information about

56:44.545 --> 56:47.330
opportunities for those programs . So

56:47.330 --> 56:49.929
please look at those websites that are

56:49.929 --> 56:51.985
not just about data rights , they're

56:51.985 --> 56:53.707
about those programs and those

56:53.707 --> 56:56.429
opportunities . And well , we have a

56:56.429 --> 56:58.262
lot of great questions . Uh , so

56:58.262 --> 57:00.485
Deborah , one of the things we're gonna

57:00.485 --> 57:02.651
do is , uh , take our questions out of

57:02.651 --> 57:04.873
the chat . We do this some with some of

57:04.873 --> 57:06.985
our webinars and we'll send them to ,

57:06.985 --> 57:09.096
uh , AA in writing and perhaps we can

57:09.096 --> 57:11.318
um get responses and then maybe be able

57:11.318 --> 57:13.207
to post them . Um , but one other

57:13.207 --> 57:15.151
question is , when can you further

57:15.151 --> 57:16.929
explain or define what would be

57:16.929 --> 57:19.096
identical , uh , versus modified , for

57:19.096 --> 57:21.318
example , a phase 3 that will extend on

57:21.318 --> 57:23.373
the same separate topic . What would

57:23.373 --> 57:25.429
entail identical work and what would

57:25.429 --> 57:27.649
entail modified work ? So this is a

57:27.649 --> 57:29.649
really good question , and let's be

57:29.649 --> 57:31.705
precise about the wording . It's not

57:31.705 --> 57:33.969
identical work , it's identical data .

57:34.850 --> 57:38.370
So think of this , if I have , um , if

57:38.370 --> 57:41.729
I have a particular data item , let's

57:41.729 --> 57:44.610
go down to the deliverable , and I have

57:44.610 --> 57:46.832
an individual sheet of paper , and it's

57:46.832 --> 57:48.943
like , and let's say it has a drawing

57:48.943 --> 57:52.209
of a prototype , and I re redeliver the

57:52.209 --> 57:56.090
exact data item . For that data .

57:56.469 --> 57:59.439
And the data rights on that data , that

57:59.439 --> 58:01.570
is going to be considered identical

58:01.570 --> 58:03.679
data for the purposes of determining

58:03.679 --> 58:07.530
the sitter protection period . I'm

58:07.530 --> 58:09.586
talking about software , similarly ,

58:09.586 --> 58:11.697
you have to think about things like ,

58:11.697 --> 58:14.120
um , is this a piece of documentation

58:14.530 --> 58:16.530
that like a flow chart or something

58:16.530 --> 58:19.729
that looks exactly the same , um , or

58:19.729 --> 58:21.951
is this code that is exactly the same ,

58:22.250 --> 58:24.729
it's identical down to the data or

58:24.729 --> 58:27.350
software item as opposed to the scope

58:27.350 --> 58:29.461
of work . Um , and hopefully that's a

58:29.461 --> 58:31.517
bit more wieldy because to be honest

58:31.517 --> 58:33.683
with you , I think when you're looking

58:33.683 --> 58:35.794
at like comparing scopes of work , it

58:35.794 --> 58:37.961
can get a little subjective , um , but

58:37.961 --> 58:40.128
when you're looking at individual data

58:40.128 --> 58:42.350
items , you know , compare and contrast

58:42.350 --> 58:44.517
like individual lines in that data , I

58:44.517 --> 58:46.572
think that's the best way to do it .

58:46.572 --> 58:48.628
From a practical standpoint . OK . I

58:48.628 --> 58:51.020
know we have one minute left . Yeah ,

58:53.989 --> 58:56.267
that's what we have in moments . Right ,

58:56.267 --> 58:58.489
uh , we have maybe one other question .

58:58.489 --> 59:00.711
Um , it says when marking data rights ,

59:00.711 --> 59:02.767
I still don't know or follow when or

59:02.767 --> 59:04.656
how to include exploration of the

59:04.656 --> 59:06.878
government . Purpose rights period . In

59:06.878 --> 59:08.989
addition to the expiration of the CIR

59:08.989 --> 59:12.550
um ST STTR data protection period , do

59:12.550 --> 59:15.030
all CIA contracts need both dates in

59:15.030 --> 59:18.550
their marking , or is it only special

59:18.550 --> 59:20.383
contracts that have specifically

59:20.383 --> 59:22.550
negotiated the GPR expiration period ?

59:23.199 --> 59:25.979
Ding ding ding . Exactly . So if you do

59:26.229 --> 59:28.689
have a contract where it was negotiated ,

59:28.790 --> 59:31.110
and by the way , that is optional .

59:32.120 --> 59:34.810
There is no requirement that under a

59:34.810 --> 59:36.860
sub so contract that you have to

59:36.860 --> 59:39.620
negotiate at a different , um , you

59:39.620 --> 59:43.090
know , GPR period . If the parties

59:43.939 --> 59:47.790
Mutually agree after a contract award

59:48.219 --> 59:51.370
to negotiate a different um GPR period ,

59:51.659 --> 59:55.040
that is when that particular Uh , line

59:55.040 --> 59:57.207
will come into play . But if there was

59:57.207 --> 01:00:00.239
no negotiation , the default rule is

01:00:00.239 --> 01:00:02.461
that it's just perpetual GPR , and I'll

01:00:02.461 --> 01:00:04.572
stay that way . Really , that line is

01:00:04.572 --> 01:00:08.280
just , um , to account for those uh

01:00:08.280 --> 01:00:11.409
situations because in the DFAs markings

01:00:11.409 --> 01:00:15.060
are highly prescribed , and

01:00:15.439 --> 01:00:17.495
I have been told by many contractors

01:00:17.495 --> 01:00:19.717
and subcontractors that markings create

01:00:19.717 --> 01:00:21.828
a lot of administrative burden and so

01:00:21.828 --> 01:00:24.050
we want to make sure that If there is a

01:00:24.050 --> 01:00:26.106
special case that these standardized

01:00:26.106 --> 01:00:27.995
markings account for it , because

01:00:27.995 --> 01:00:29.772
otherwise that ambiguity can be

01:00:29.772 --> 01:00:32.219
problematic for people who are having

01:00:32.219 --> 01:00:34.679
to do the the the logistics of marking

01:00:35.020 --> 01:00:37.280
lots and lots of pieces of data . Um ,

01:00:37.290 --> 01:00:41.219
and so to make a long story short , if

01:00:41.219 --> 01:00:43.275
it does not apply to your contract ,

01:00:43.275 --> 01:00:46.209
then that blank will not be used . Good

01:00:46.209 --> 01:00:49.489
question , thank you . OK , we're at

01:00:49.489 --> 01:00:52.330
12:01 . A lot of great questions still

01:00:52.330 --> 01:00:54.386
in the chat , so as I said , we'll ,

01:00:54.386 --> 01:00:56.489
we'll , uh , lift those out and send

01:00:56.489 --> 01:00:59.239
them to Aza , uh , for responses , uh ,

01:00:59.250 --> 01:01:01.417
just a great , great discussion with a

01:01:01.417 --> 01:01:04.010
lot of good dialogue , um , in the chat .

01:01:04.050 --> 01:01:06.217
So we thank you all with and thank you

01:01:06.217 --> 01:01:08.272
Aza so much for doing this . I think

01:01:08.272 --> 01:01:10.272
you could probably do more of these

01:01:10.272 --> 01:01:12.328
sessions and , and , and folks would

01:01:12.328 --> 01:01:14.217
really appreciate it , uh , great

01:01:14.217 --> 01:01:16.830
information , um . And one final point

01:01:16.830 --> 01:01:18.886
on the slides , I think you'll see a

01:01:18.886 --> 01:01:20.886
note in the in the uh chat that the

01:01:20.886 --> 01:01:23.189
slides will be provided , uh , and you

01:01:23.189 --> 01:01:25.590
also have the resources in the chat and

01:01:25.590 --> 01:01:27.580
as I stated , we're getting those

01:01:27.580 --> 01:01:29.413
resources up on our community of

01:01:29.413 --> 01:01:31.469
practice . So with that I'll turn it

01:01:31.469 --> 01:01:33.636
back over to Deborah for any close out

01:01:33.636 --> 01:01:37.239
remarks . All right , everybody ,

01:01:37.489 --> 01:01:40.239
thank you so much for attending DAU's

01:01:40.489 --> 01:01:43.729
internal and external SBIR STTR town

01:01:43.729 --> 01:01:45.010
hall with Q&A today .