Handling of Data. (a) Paragraph (d)(1) of the "Rights in Data--General" clause of this contract permits the Government to restrict the Contractor's right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of the contract provided such restriction is expressly set forth in the contract. Pursuant to this authority, the following restrictions shall apply to such data and shall be included, in substance, in all subcontracts: (b) Data specifically used (1) In the performance of this contract, it is anticipated the Contractor may have access, or be furnished, data (including financial, administrative, cost or pricing, or management information as well as technical data or computer software) of third parties which the Government has agreed to handle under protective arrangements, as well as such Government data for which the Government intends to control the use and dissemination. (2) In order to protect the interests of the Government and the owners of such data, the Contractor agrees, with respect to such third party or Government data that is either marked with a restrictive legend or specifically identified in this contract or in writing by the Contracting Officer as being subject to this clause, to use and disclose such data only to the extent necessary to perform the work required under this contract, preclude disclosure of such data outside the Contractor's organization, and return or dispose of such data as directed by the Contracting Officer when the data is no longer needed for contract performance. (3) Notwithstanding (2) above, the Contractor shall not be restricted in the use and disclosure of any data that becomes generally available without breach of this clause by this Contractor, is known to or is developed by the Contractor independently of any disclosure of proprietary, restricted, or confidential data hereunder, or is rightfully received by the Contractor from a third party without restriction. (c) Data first produced. Data first produced by the Contractor under this contract may include data for which the Government wants to control the use and dissemination. The Contracting Officer may require, or this contract may presently specify, that the Contractor apply restrictive legends to such identified data prior to delivery to the Government, or to third parties at the Government's direction, that restrict the use and disclosure of the data by any third party recipient. However, such restrictive legends shall in no way affect the Contractor's or the Government's rights to such data as provided in the "Rights in Data--General" clause of this contract.
Appears in 1 contract
Sources: Contract
Handling of Data. (a) Paragraph (d)(1) of the "Rights in Data--General" clause of this contract permits the Government to restrict the Contractor's right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of the contract provided such restriction is expressly set forth in the contract. Pursuant to this authority, the following restrictions shall apply to such data and shall be included, in substance, in all subcontracts:
(b) Data specifically used
(1) In the performance of this contract, it is anticipated that the Contractor may have accessaccess to, be furnished with or be furnished, use the following categories of data (including financialwhich may be technical data, computer software, administrative, management information, or financial, including cost or pricing, or management information as well as technical data or computer software):
(1) Data of third parties which the Government has agreed to handle under protective arrangements; and
(2) Government data, as well as such Government data for which the use and dissemination of which, the Government intends to control the use and disseminationcontrol.
(2b) In order to protect the interests of the Government and the owners owners, licensors and licensees of such data, the Contractor agrees, with respect to any such third party or Government data that is either marked with a restrictive legend or legends, specifically identified in this contract contract, or otherwise identified in writing by the Contracting Officer as being subject to this clause, to use to:
(1) Use, disclose, and disclose reproduce such data only to the extent necessary to perform the work required under this contract, preclude ;
(2) Allow access to such data only to those of its employees that require access for their performance under this contract;
(3) Preclude access and disclosure of such data outside the Contractor's ’s organization, and return ; and
(4) Return or dispose of such data data, as directed by the Contracting Officer may direct, when the data is no longer needed for contract performance.
(3c) The Contractor agrees to inform and instruct its employees of its and their obligations under this clause and to appropriately bind its employees contractually to comply with the access, use, disclosure, and reproduction provisions of this clause.
(d) In the event that data includes a legend that the Contractor deems to be ambiguous or unauthorized, the Contractor may inform the Contracting Officer of such condition. Notwithstanding such a legend, as long as such legend provides an indication that a restriction on use or disclosure was intended, the Contractor shall treat such data pursuant to the requirements of this clause unless otherwise directed, in writing, by the Contracting Officer.
(e) Notwithstanding (2) the above, the Contractor shall not be restricted in the use use, disclosure, and disclosure reproduction of any data that becomes that:
(1) Is or becomes, generally available or public knowledge without breach of this clause by this the Contractor;
(2) Is known to, is known to in the possession of, or is developed by the Contractor independently of any disclosure of of, or without reference to, proprietary, restricted, or confidential data hereunderconfidential, or is otherwise protectable data under this clause;
(3) Is rightfully received by the Contractor from a third party without restriction.;
(c4) Data first produced. Data first Or is required to be produced by the Contractor under this contract may include data for which the pursuant to a court order or other Government wants to control the use and disseminationaction. The Contracting Officer may require, or this contract may presently specify, that If the Contractor apply restrictive legends to such identified data prior to delivery to believes that any of these events or conditions that remove restrictions on the Governmentuse, or to third parties at the Government's directiondisclosure, that restrict the use and disclosure reproduction of the data by apply, the Contractor shall promptly notify the Contracting Officer of such belief prior to acting on such belief, and, in any third party recipient. Howeverevent, shall give notice to the Contracting Officer prior to any unrestricted use, disclosure, or reproduction of such restrictive legends shall in no way affect the Contractor's or the Government's rights to such data as provided in the "Rights in Data--General" clause of this contractdata.
Appears in 1 contract
Sources: Contract