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Fulfilling Air Force R&D Mission Needs

Fulfilling Air Force R&D Mission Needs. William H. Anderson Associate General Counsel (Acquisition) Office of the General Counsel. Opinions expressed in this presentation are strictly those of the author. FY02 Appropriation AF S&T Budget. BY BUDGET ACTIVITY. BY TECHNOLOGY AREAS .

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Fulfilling Air Force R&D Mission Needs

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  1. Fulfilling Air Force R&D Mission Needs William H. Anderson Associate General Counsel (Acquisition) Office of the General Counsel Opinions expressed in this presentation are strictly those of the author

  2. FY02 AppropriationAF S&T Budget BY BUDGET ACTIVITY BY TECHNOLOGY AREAS Information $102M (6%) Directed Energy $130M (8%) Air Vehicles $142M (9%) Munitions $89M (6%) Human Effectiveness $105M (7%) 6.3 $573M 37% 6.1 $228M 14% Propulsion $289M (19%) Materials & Manf $165M (10%) 6.2 $772M 49% Dual Use $10M (1%) Basic Research $228M (14%) Space Vehicles $138M (9%) Sensors $174M (11%) As of 11 Feb 02 TOTAL: $1.573B Values may differ due to rounding

  3. Contracting Mechanisms w/ Funds Procurement Contract Solicitation - Competitive Request for Proposals (RFP) Type - Cost Plus Fixed Fee or other contract type Recipient - Any organization Grants/Cooperative Agreements Solicitation - Competitive Broad Agency Announcement Type - typically fixed sum Recipient - typically university/non-profit “Other Transaction” Solicitation - BAA Type - Milestone payments Recipient - typically consortium or commercial firm

  4. Distinctions Between Types of Contracts Issues Requires commercialization through patent process Forced Tech Transfer No $s may be spent by Govt. Potential to address all elements vital to commercialization/Cost sharing usually required Type of Contract Procurement Contract Grants & Cooperative Agreements Cooperative Research & Development Agr. Other Transactions (10 U.S.C. 2371) Primary IP Rights Fixed Government rights through FAR Clauses Same as Procurement Contract Exclusive license to Partner/Negotiable Completely Negotiable

  5. AF S&T Budget & Types of Contracts used BY TECHNOLOGY AREAS Information PCs/OTs/CRDAs Directed Energy PCs/OTs/CRDAs Air Vehicles PCs/OTs/CRDAs Munitions PCs/OTs/CRDAs Human Effectiveness PCs/CRDAs Propulsion PCs/OTs/CRDAs Materials & Manf PCs/OTs/CRDAs Dual Use OTs/CAs Basic Research Grants/CAs/PCs) Space Vehicles PCs/OTs/CRDAs Sensors PCs/OTs/CRDAs

  6. Existing Intellectual Property Reform Initiatives • DAR Council Cases • Treatment of Proprietary Data (DFARS Case 2001-D011) • Revise the treatment of contractors' proprietary data • 6/20/2001, Tasked PD&C Cmte to draft proposed DFARS rule. • No Consensus achieved by Committee, public meeting being considered. • Patent Rights--Ownership by the Contractor (Large Business) (DFARS Case 2001-D015) • Incorporate prescriptive text and clause equivalent to FAR clause 52.227-12, which will then be removed from the FAR (FAR Case 1999-402). • Proposed DFARS rule sent to DARC for consideration. • Case was edited and now under consideration by the Director of Defense Procurement.

  7. Trade Secret Coverage in the FAR and DFARS • FAR Coverage • Selected information submitted by contractors (i.e. bid and proposal information, source selection information (as defined in 3.104) • Data (as defined in Part 27)) • Section 3.104 (supplemented by DFARS Section 203.104) • Describes how the Government must treat bid and proposal information as well as other source selection information in order to comply with the Procurement Integrity Act • Sections 14.401 and 15.207 • Describe how the Government should handle sealed bids and proposals, respectively, in accordance with Section 3.104. • Subpart 27.400 • Addresses the rights in data delivered to the Government.

  8. Trade Secret Coverage DFARS • DFARS Section 227.7100 • Addresses the rights in data delivered to it • There is no treatment for information not delivered unless covered by the source selection provisions or clauses • Limited Rights Data is the only data afforded Trade Secret protection • What is needed • Assess or evaluate on-going contracts • Maintain competition • Conform to reasonable industry standards and practices regarding confidentiality of information • Develop acquisition strategies or approaches for future acquisitions • Perform study efforts to support future acquisitions or acquisition reform initiatives

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