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DoD Rule Addresses Government Rights in Vessel Designs

The Department of Defense has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement to implement Section 825 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (PL 110-417). Section 825 clarifies the government's rights in technical data in the design of DoD vessels, boats, craft, and components. In addition, the rule implements the Vessel Hull Design Protection Amendments of 2008 (PL 110-434). Both statutory changes provide new requirements for the acquisition of vessels and hulls covered by vessel hull design registrations. The interim rule implements the statutory changes, by adding new DFARS 227.7102-1(c) and DFARS 227.7103-1(g), to make contracting officers aware of the requirements of 17 USC 1301(a)(3) and 10 USC 7317. The rule also provides alternates to the clauses at DFARS 252.227-7013, Rights in Technical Data --Noncommercial Items, and DFARS 252.227-7015, Technical Data --Commercial Items. Each alternate adds a new definition for "vessel design" and provides for an affirmative grant of rights in vessel designs to the government. Related changes are made to the scope provision at DFARS 227.7100 and the prescriptions at DFARS 227.7102-3 and DFARS 227.7103-6. The interim rule is effective November 23, 2009. Comments, identified by DFARS Case 2008-D039, are due January 22, 2010. For the text of the rule, see 70,016.547.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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