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Intellectual Property Strategy (formerly Data Management Strategy / Technical Data Rights Strategy)

APMT 038

DAU GLOSSARY DEFINITION

Strategy to identify and manage the full spectrum of IP (e.g., technical data and computer software deliverables, patented technologies, and appropriate license rights) from program inception and throughout the life cycle. The IP Strategy will describe how program management will assess program needs for, and acquire competitively when possible, IP deliverables and associated license rights needed for competitive, affordable acquisition and sustainment over the life cycle. The IP Strategy is updated throughout the life cycle, summarized in the Acquisition Strategy, and in the Life-Cycle Sustainment Plan during the Operations and Support Phase. Program management is responsible for evaluating and implementing open systems architectures, where cost effective, and implementing a consistent IP Strategy. This approach integrates technical requirements, contracting mechanisms, and legal considerations to support continuous multiple competitive alternatives throughout the life cycle.

Alternate Definition
The Intellectual Property (IP) Strategy must be established no later than Milestone A decision or a just prior to a program’s first milestone decision. The IP Strategy will be updated prior to the Development Request For Proposal Release Decision point and at each milestone decision thereafter to account for evolving IP considerations. The IP Strategy should identify and propose management processes for the full spectrum of IP and related issues (e.g., technical data and computer software deliverables, patented technologies, and appropriate license rights) from the inception of a program and throughout the life cycle.
The IP Strategy will describe, at a minimum, how program management will assess program needs for, and acquire competitively whenever possible, the IP deliverables and associated license rights necessary for competitive and affordable acquisition and sustainment over the entire product life cycle, including by integrating, for all systems, the IP planning elements required by Department of Defense Instruction 5000.02, Enclosure 1, Table 2 and subpart 207.106 (S-70) of the Defense Federal Acquisition Regulation Supplement (Reference (al)) for major weapon systems and subsystems thereof.
The IP Strategy will be updated throughout the product's life cycle, summarized in the Acquisition Strategy, and annexed within the Life-Cycle Sustainment Plan just prior to the Operations and Support Phase. For Programs responding to an Urgent Needs Requirement, the IP Strategy is due at the Development Milestone.
Program Management is also responsible for evaluating and incorporating where feasible, Open Systems Architectures where cost effective implementation and a homogeneous IP Strategy result. The aforementioned approach must integrate technical requirements with contracting mechanisms and legal considerations to support continuous availability of multiple competitive alternatives throughout a product's life cycle.
A best value acquisition and management approach for procurement of technical data is a key factor toward attaining affordable programs from inception to disposal.
The term technical data is defined as:
  • Recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. The term technical data does not include computer software code or financial, administrative, cost or pricing, or management data; nor does it include other information incidental to contract administration.
    Computer Software Definition
    The term computer software is defined as:
    • Computer programs that comprise a series of instructions, rules, routines, or statements (regardless of the media) that allow or cause a computer to perform a specific operation or series of operations; and
    • Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.
General Information

Historically product support or acquisition program operating sustainment costs are approximately 70% of the total ownership cost of the system over its entire “cradle to grave” lifecycle. Deficiencies in technical data present a significant impediment to DoD’s ability to maximize competition for both acquisition and sustainment of programs. It also severely affects the government enterprise’s ability to properly plan and execute effective and efficient sustainment strategies. The aforementioned discrepancy, has led to the government’s inability to reduce total ownership costs throughout its life cycle. Hence the value of the technical data across the government enterprise is critical for meeting key operating and sustainment requirements.

 

To ensure maximum availability of competitive acquisition and product support alternatives throughout the life cycle of a system or component, Program Managers must make certain that all necessary product data and associated data rights are acquired at logical points during the life cycle process and are maintained for future use.

 

The Intellectual Property Strategy must be integrated with a program’s Acquisition Strategy (AS), Life Cycle Sustainment Plan (LCSP), and System Engineering Plan (SEP).

 

DAU offers seven Continuous Learning Modules (CLMs) on data management, CLM071 through CLM077. This aforementioned series provides acquisition professionals with the fundamental knowledge required to create better data management plans and obtain the necessary data rights for systems delivered to the warfighter, thus affording opportunities to reduce Operating and Support life cycle cost and increase the probability of follow-on support competition. Course information on the data management CLMs can be viewed at http://icatalog.dau.mil and selecting the Continuous Learning Modules link.

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