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  • Question

    Is a DD250 or a 1149 required to transfer data contained in a database or a data contained data repository like sharepoint?


    Answer

    1. The FAR, DFARS and DFARS PGI references quoted below in pertinent part are applicable to this response.

    FAR 15.204 -- Contract Format
    FAR 15.204-2 -- Part I -- The Schedule
    (h) Section H, Special contract requirements. Include a clear statement of any special contract requirements that are not included in Section I, Contract clauses, or in other sections of the uniform contract format.

    FAR 45.101 -- Definitions
    “Government property” means all property owned or leased by the Government. … Government property does not include intellectual property and software.

    DFARS 227.7103-6 -- Contract clauses
    (c) Use the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, in solicitations and contracts when it is anticipated that the Government will provide the contractor … for performance of its contract, technical data marked with another contractor's restrictive legend(s).

    DFARS PGI 245.103-71 -- Transferring Government property accountability
    (1) … No other forms or documents, such as the DD Form 1149, Requisition and Invoice/Shipping Document, are authorized for the transfer of Government property accountability from one contract to another.

    DFARS 246.370 -- Material inspection and receiving report.
    (a) Use the clause at 252.246-7000, Material Inspection and Receiving Report [i.e., DD250], in solicitations and contracts when there will be separate and distinct deliverables, even if the deliverables are not separately priced.

    DFARS 252.227-7025 -- Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends
    (b) Technical data or computer software provided to the Contractor as Government furnished information (GFI) under this contract may be subject to restrictions on use, modification, reproduction, release, performance, display, or further disclosure.

    2. As set forth in DFARS 246.370(a), the DD Form 250, Material Inspection and Receiving Report is used in contracts that require the contractor to deliver separate and distinct data items to the Government. Therefore, the DD250 is first used to document the formal delivery and acceptance of any such “deliverable” data to the Government developed under the previous contract. The DD Form 250 is never used to document transfers of data from the Government to a contractor. As stated in FAR 45.101, Government property does not include intellectual property (i.e., data). In addition to this reference and pursuant to DFARS PGI 245.103-71(1), a DD Form 1149 would never be used to transition any data from the outgoing contractor to the new contractor in this case.

    3. Given the limited information provided in this inquiry, our opinion is that the data in question (i.e., data that was delivered to and accepted by the Government under the prior contract and any pre-existing data provided to the outgoing contractor), should be considered as “Government-furnished information” (GFI) that will be provided to the new contractor. As such, this GFI should be separately identified and listed in Section H of the new contract to the maximum extent practicable. Handling and use of this GFI by the new contractor would be governed by the provisions of contract clause DFARS 252.227-7025, as appropriate to the circumstances.




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