Common use of Assertions of Other than Unlimited Rights Clause in Contracts

Assertions of Other than Unlimited Rights. (1) This paragraph does not apply to restrictions based solely on copyright. (2) Except as provided in paragraph (i)(3) of this clause, technical data and/or computer software that the contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the “Attachment”). The contractor shall not deliver any technical data or computer software with restrictive markings unless the technical data or computer software is listed in the Attachment. (3) The contractor may make other assertions of other than unlimited rights in technical data and/or computer software after contract award. Such assertions must be based on new information or inadvertent omission unless the inadvertent omission would have materially affected the source selection decision in the reasonable determination of the Contracting Officer (in which case no assertion based on an inadvertent omission may be allowed). (4) The contractor shall submit such post-contract award assertion(s) to the Contracting Officer as soon as practicable but prior to the scheduled date for delivery of the technical data or computer software. All new assertions submitted after award shall be added to the Attachment in a timely fashion after submission of the assertion to the Contracting Officer. An official authorized to contractually obligate the contractor must sign the assertion(s). The contractor assertion(s) shall include the information specified in paragraph (d) of clause CI 227-4, Identification and Assertion of Use, Release, or Disclosure Restrictions. (5) The Contracting Officer may request the contractor to provide sufficient information to enable the Government to evaluate the contractor's assertion(s). The Contracting Officer reserves the right to add the contractor’s assertions to the Attachment and validate any listed assertion at a later date in accordance with the procedures outlined in clause CI 227-3, Validation of Restrictive Markings on Technical Data and Computer Software.

Appears in 2 contracts

Samples: Customer Contract P1188, Customer Contract Requirements

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Assertions of Other than Unlimited Rights. (1) This paragraph does not apply to restrictions based solely on copyright. (2) Except as provided in paragraph (i)(3) of this clause, technical data and/or computer software that the contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the “Attachment”). The contractor shall not deliver any technical data or computer software with restrictive markings unless the technical data or computer software is listed in the Attachment. (3) The contractor may make other assertions of other than unlimited rights in technical data and/or computer software after contract award. Such assertions must be based on new information or inadvertent omission unless the inadvertent omission would have materially affected the source selection decision in the reasonable determination of the Contracting Officer (in which case no assertion based on an inadvertent omission may be allowed). (4) The contractor shall submit such post-contract award assertion(s) to the Contracting Officer as soon as practicable but prior to the scheduled date for delivery of the technical data or computer software. All new assertions submitted after award shall be added to the Attachment in a timely fashion after submission of the assertion to the Contracting Officer. An official authorized to contractually obligate the contractor must sign the assertion(s). The contractor assertion(s) shall include the information specified in paragraph (d) of clause CI 227-4Clause 16, Identification and Assertion of Use, Release, or Disclosure Restrictions. (5) The Contracting Officer may request the contractor to provide sufficient information to enable the Government to evaluate the contractor's assertion(s). The Contracting Officer reserves the right to add the contractor’s assertions to the Attachment and validate any listed assertion at a later date in accordance with the procedures outlined in clause CI 227-3, Validation of Restrictive Markings on Technical Data and Computer Software.,

Appears in 2 contracts

Samples: Customer Contract Requirements, Customer Contract Requirements

Assertions of Other than Unlimited Rights. (1) This paragraph does not apply to applyto restrictions based solely on solelyon copyright. (2) Except as provided in paragraph (i)(3) of this clause, technical data and/or computer software that the contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the “Attachment”). The contractor shall not deliver any technical data or computer software with restrictive markings unless the technical data or computer software is listed in the Attachment. (3) The contractor may make other assertions of other than unlimited rights in technical data and/or computer software after contract award. Such assertions must be based on new information or inadvertent omission unless the inadvertent omission would have materially affected the source selection decision in the reasonable determination of the Contracting Officer (in which case no assertion based on an inadvertent omission may be allowedbeallowed). (4) The contractor shall submit such post-contract award assertion(s) to the Contracting Officer as soon as practicable but prior to the scheduled date for delivery of the technical data or computer software. All new assertions submitted after award shall be added to the Attachment in a timely fashion after submission of the assertion to the Contracting Officer. An official authorized to contractually obligate the contractor must sign the assertion(s). The contractor assertion(s) shall include the information specified in paragraph (d) of clause CI 227CI.227-4004, Identification and Assertion of Use, Release, or Disclosure Restrictions. (5) The Contracting Officer may request the contractor to provide sufficient information to enable the Government to evaluate the contractor's assertion(s). The Contracting Officer reserves the right to add the contractor’s assertions to the Attachment and validate any listed assertion at a later date in accordance with the procedures outlined in clause CI 227CI.227-3003, Validation of Restrictive Markings on Technical Data and Computer Software.

Appears in 1 contract

Samples: Customer Contract

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Assertions of Other than Unlimited Rights. (1) This paragraph does not apply to restrictions based solely on copyright. (2) Except as provided in paragraph (i)(3) of this clause, technical data and/or computer software that the contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the “Attachment”)contract. The contractor shall not deliver any technical data or computer software with restrictive markings unless the technical data or computer software is listed in the Attachment. (3) The contractor may make other assertions of other than unlimited rights in technical data and/or computer software after contract award. Such assertions must be based on new information or inadvertent omission unless the inadvertent omission would have materially affected the source selection decision in the reasonable determination of the Contracting Officer (in which case no assertion based on an inadvertent omission may be allowed). (4) The contractor shall submit such post-contract award assertion(s) to the Contracting Officer as soon as practicable but prior to the scheduled date for delivery of the technical data or computer software. All new assertions submitted after award shall be added to the Attachment in a timely fashion after submission of the assertion to the Contracting Officer. An official authorized to contractually obligate the contractor must sign the assertion(s). The contractor assertion(s) shall include the information specified in paragraph (d) of clause CI 227-4I-39, Identification and Assertion of Use, Release, or Disclosure Restrictions. (5) The Contracting Officer may request the contractor to provide sufficient information to enable the Government to evaluate the contractor's assertion(s). The Contracting Officer reserves the right to add the contractor’s contractors assertions to the Attachment and validate any listed assertion at a later date in accordance with the procedures outlined in clause CI 227-3I-23, Validation of Restrictive Markings on Technical Data and Computer Software.

Appears in 1 contract

Samples: Addendum

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