Fulfilling Air Force R

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Fulfilling Air Force RD 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
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FY02 AppropriationAF ST 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
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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
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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
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AF ST 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
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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 PDC 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.

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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.

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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