2.8.7.6. Technical Data Rights Strategy (formerly the Data Management Strategy)

NOTE

1. The intent of the Government is the ensure there is a sufficient amount of product related technical data rights to allow DoD to use, modify, reproduce, release, perform, display, or disclose data for use only within the Government and to support the product’s lifecycle related acquisition activities. Program managers for major weapon systems and subsystems of major weapon systems are required to assess the long-term technical data needs of such systems and subsystems and establish acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle. The Technical Data Rights Strategy must contain at least the content specified by statute as delineated by the following:
   • 10 USC 2320
   • Public Law 109-364
   • DFARS part 227
2. If programs either do not secure the data rights that the Government is granted or do not acquire additional data rights needed to support the system the result could be programs tied to a specific contractor (i.e., vendor locked or sole sourced) for one solution over the entire system lifecycle with no opportunity for competition and associated competitive prices, and little opportunity to tap the innovation of other vendors.

NOTE

Summarize how long term needs for data were assessed, including data needed to support subsystems and components of the total system. This assessment should consider the needs of the entire life cycle, extending through operations to disposal. Potential competition/re-competition for procurement of the system, subsystems, components, logistics support including spare and repair parts should be included.

CONSIDERATION

Managers should consider, when cost effective, the acquisition (e.g. via necessary contract data requirements and data rights licensing agreements) of complete technical data packages to ensure competition, or the option of competition, at both the prime and subcontractor level throughout the product’s life cycle.

CONSIDERATIONS

In this section the Program Manager should describe:

1. The overall management approach to managing data acquired with other than unlimited rights.
2. The management approach for management data (i.e. data that is not software or technical data). It should include how contractor data needing protection will be identified, marked, and managed.
3. How the data deliverables will be reviewed for unjustified or non-conforming markings. It should include the process the program will follow to question or challenge contractor assertions or markings
4. The data deliverables specified in the RFP or contract, including the technical data, computer software documentation, and management data items.
5. The approach for maintaining the software and its documentation once software maintenance is transferred from the OEM. It should include the contract provisions being put into place that will allow for a cost effective migration.
6. The degree to which data will be acquired to support future competitions. It should include the logic by which these elements were selected; the alternative solutions considered; and the criteria by which the decision to procure technical data was made.
7. The extent to which priced options and associated source selection criteria will be used to acquire additional licenses.
8. The intended use of other mechanisms such as deferred ordering, deferred delivery, and the use of withholding or incentives specific to performance in the area of data management.
9. How the use of an integrated digital environment and the repository system factors into the data strategy.
10. Any required interfaces to government data systems or repositories, and how those requirements will be satisfied.
11. The digital format standards to be used and why they were selected. The process (i.e., business case analysis, adherence to DoD Component policy, etc.) used to determine the deliverable form/format for all deliverables should be included.

CONSIDERATIONS

1. Business case development for open systems architecture and data rights is a process of analyzing alternative acquisition decisions to be undertaken for a given system to derive quantifiable costs as well as benefits for these alternative decisions. The business case should provide evidence that justifies an investment decision for the purposes of implementing (or not implementing) an open systems architecture or acquiring (or not acquiring) data rights for the program being examined.
2. Data needs must be established giving consideration to the: contractor's economic interests in data pertaining to items, components, or processes that have been developed at private expense; the Government's costs to acquire, maintain, store, retrieve, and protect the data; procurement needs; repair, maintenance and overhaul philosophies; spare and repair part considerations; and whether procurement of the items, components, or processes can be accomplished on a form, fit, or function basis.
3. A candidate business case analysis process includes these steps:
   • Step 1 - Stand Up the Business Case Project Team
   • Step 2 – Identify and Analyze Assumptions and Alternatives
   • Step 3 - Evaluate Risk
   • Step 4 - Assess Overall Business Case and Key Alternatives
   • Step 5 - Address Uncertainty for Selected Alternatives
   • Step 6 - Package and Present Results
   • Step 7 - Business Case Closeout

NOTE

1. Data rights cost estimates can be secured using the following approaches:
   • Data rights costs can be requested before any milestone by placing a Request for Quote (RFQ) with the contractor/s. The responses to this RFQ can then be used to support a business case analysis for acquiring technical data rights in support of future product acquisition activities.
   • Prior to Milestones A & B, an option to acquire additional data rights can be included in the Request for Proposal (RFP) as part of the proposal evaluation process. The costs provided can then be used to support a business case analysis for acquiring additional rights.
   • For those programs which already have existing contracts, a task order can be issued under the current contract for the contractor to provide the cost estimate for additional data rights necessary to maintain the prospect for competition throughout the system’s life cycle.
2. The cost benefit analysis information for this element of the Program Strategy document is candidate to be a result of the business case analysis referenced in the previous section.

CONSIDERATION

Types of Data Rights for consideration:

TD = Technical Data

CS = Computer Software