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    Two parts: 1.) Legacy weapon systems. How can the OIB obtain OEM intellectual property that provides tech data to either reproduce unavailable parts through an NDA? 2.) Acquisition Contract Development. How can we ensure PMs and DoD contract personnel include provisions to obtain OEM IP in the terms of the contract under conditions where the OEM can't provide parts? As of now, what other recourse does the government have to obtain the required IP to reproduce the part?


    You have asked a couple of very complex, but relevant, questions facing many acquisition programs these days. After consultation with the party that posed the question, it was decided that this AAP answer would simply provide a list of several recent and relevant resources regarding the topics of intellectual property, tech data, IP contract terms, etc. Since each situation and program is going to be unique, please remember that this answer is NOT to be construed as overarching policy. It is always best to address complex issues such as these with the cognizant Program Manager(s), Program Attorney, Contracting Officer(s), and any other pertinent members of the Acquisition Team.

    Please consult the following resources for the topics listed above:

    1) DAU's Intellectual Property and Data Right Community of Practice - Pages - IP / Data Rights ( 

    2) CLE068 Intellectual Property and Data Rights Continuous Learning Course -

    3) Blog outlining DAU's IP and Data Rights resources - DAU News - DAU Intellectual Property (IP) and Data Rights Resources; within the blog post, check out the 2 introductory overview videos about IP and data rights.

    4) IP strategy job aid - DAU News - DAU Intellectual Property (IP) and Data Rights Resources

    5) DASD Product Support newsletter (specifically look at page 4 of the newsletter - link to newsletter in opening paragraph of this blog post) - DAU News - New Summer 2022 Product Support Pulse Newsletter

    6) DAU's Hacking Program Management (2 part) webinar regarding Property Rights - ;

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