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DSCR I172: RESTRICTIVE USE OF RIGHTS GUARD DATA, at FARSmarterBids.com

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DSCR I172: RESTRICTIVE USE OF RIGHTS GUARD DATA


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Section: I
DPACS Code: I172
BSM Code: I27F30
Clause Number: 52.227-9G05
Type: LOCAL
Clause last updated: 2007-02

Date of text: 1998-02
I172   52.227-9G05  RESTRICTIONS ON USE OF RIGHTS GUARD   DSCR (FEB 1998)
AND                 TECHNICAL DATA
I27F30


THIS IS A RIGHTS GUARD PROCUREMENT AND THE FOLLOWING RESTRICTIONS APPLY:

    (a)  Technical data furnished herewith (hereinafter Rights Guard 
technical data) is proprietary to The Boeing Company which has licensed 
the Government to use same for the procurement of replenishment spare 
parts for U.S. Government owned aircraft and for no other purpose.  
Rights Guard technical data shall not be disclosed, in whole or in part, 
to any other person or entity other than to supplier's bidder's offeror's 
employees, having a need to know and who are under an obligation to 
preserve and protect such data under terms and conditions no less 
restrictive than those imposed herein, and then only for the purposes 
if responding to this solicitation or performing any resulting contract.

    (b)  The suppliers/bidders/offerors hereunder are prohibited from 
(1) reproducing, in whole or in part, Rights Guard technical data; 
(2) incorporating any information contained in such Rights Guard 
technical data into other documentation; or (3) otherwise utilizing 
such Rights Guard technical data, except for responding to this 
solicitation or performing any resulting contract.  Each supplier/
bidder/offeror shall include the authorized DFARS limited rights 
legend of 252.227-7013, Rights in Technical Data - Noncommercial 
Items (NOV 1995), identifying the Boeing Company as the owner, on all 
Rights Guard technical data that is incorporated, in whole or in part, 
into any technical data delivered by such supplier/bidder/offeror to 
the Government in response to this solicitation or as part of the 
performance of any resulting contract.  In the case of the limited 
rights legend, the Contractor shall indicate such Rights Guard 
technical data as not being subject to an expiration date, if 
such date is required by the limited rights legend authorized under 
its contract. 

    (c)  Rights Guard technical data provided by DSCR, including any 
copies thereof, is to be destroyed according to the following schedule:

         (1)  Immediately upon decision to "no bid" the solicitation 
for which the data was received.

         (2)  Within 15 days of being advised your company was not 
the successful bidder for the solicitation for which the data was 
requested and received.

         (3)  If the contract awardee, within 15 days of contract 
completion.

NOTE:  The DSCR ANNUAL Certificate of Destruction, DOES NOT IN ANY 
WAY IMPLY OR PROVIDE AUTHORITY FOR YOUR COMPANY TO RETAIN THE DATA 
BEYOND THE TIMEFRAMES ESTABLISHED ABOVE.  Suspected and actual 
instances of data retention provided by DSCR beyond these timeframes 
will be reported to The Boeing Company for remedy.  Furthermore, 
failure to comply with this obligation shall be grounds for your 
removal from the list of qualified bidders for any other 
solicitation involving Boeing technical data.

    (d)  The Government shall have the right to audit supplier's/
bidder's/offeror's records to ensure the destruction of Boeing 
proprietary data.

    (e)  All suppliers shall comply with MIL-STD-130 for the 
purpose of distinguishing any spare parts made using Boeing 
Rights Guard technical data.


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