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<dita xmlns:ditaarch="http://dita.oasis-open.org/architecture/2005/"
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      domains="(topic task)                            (topic concept)                            (topic concept glossentry)                            (topic concept glossgroup)                            (topic reference)                            (topic troubleshooting++task) (topic task)                            (topic abbrev-d)                            a(props deliveryTarget)                            (topic equation-d)                            (topic hazard-d)                            (topic hi-d)                            (topic indexing-d)                            (topic markup-d)                            (topic mathml-d)                            (topic pr-d)                            (topic relmgmt-d)                            (topic sw-d)                            (topic svg-d)                            (topic ui-d)                            (topic ut-d)                            (topic markup-d xml-d)                            (topic task strictTaskbody-c)   ">
   <concept id="DFARS_252.227-7016"
            ditaarch:DITAArchVersion="1.2"
            class="- topic/topic concept/concept ">
      <title class="- topic/title "> 
         <ph props="autonumber" class="- topic/ph ">252.227-7016</ph> Rights in Bid or Proposal Information.</title>
      <conbody outputclass="clause" class="- topic/body  concept/conbody ">
         <p class="- topic/p ">As prescribed in <xref href="227.7103-6.dita#DFARS_227.7103-6"
                  base="DFARS-227.7103-6"
                  outputclass="fm:ParaNumOnly"
                  class="- topic/xref ">227.7103-6</xref>(e)(1), <xref href="227.7104.dita#DFARS_227.7104"
                  base="DFARS-227.7104"
                  outputclass="fm:ParaNumOnly"
                  class="- topic/xref ">227.7104</xref> (e)(1), or <xref href="227.7203-6.dita#DFARS_227.7203-6"
                  base="i1379842"
                  outputclass="fm:ParaNumOnly"
                  class="- topic/xref ">227.7203-6</xref> (b), use the
following clause:</p>
         <p outputclass="Ctr_SmCaps" class="- topic/p ">RIGHTS IN BID OR PROPOSAL INFORMATION
(JAN 2023)</p>
         <p outputclass="List1" class="- topic/p ">(a) <i class="+ topic/ph hi-d/i ">Definitions</i>.</p>
         <p outputclass="List2" class="- topic/p ">(1) For contracts that require the delivery of technical data, the terms “technical data” and “computer software” are defined in the Rights in Technical Data—Other Than Commercial Products and Commercial Services clause of this contract or, if this is a contract awarded under the Small Business Innovation Research Program, the Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program clause of this contract.</p>
         <p outputclass="List2" class="- topic/p ">(2) For contracts that do not require the delivery of technical data, the term “computer software” is defined in the Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation clause of this contract or, if this is a contract awarded under the Small Business Innovation Research Program, the Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program clause of this contract.</p>
         <p outputclass="List1" class="- topic/p ">(b Government rights prior to contract
award. By submission of its offer, the Offeror agrees that the Government—</p>
         <p outputclass="List2" class="- topic/p ">(1) May reproduce the bid or proposal,
or any portions thereof, to the extent necessary to evaluate the
offer.</p>
         <p outputclass="List2" class="- topic/p ">(2) Except as provided in paragraph (d)
of this clause, shall use information contained in the bid or proposal
only for evaluational purposes and shall not disclose, directly
or indirectly, such information to any person including potential
evaluators, unless that person has been authorized by the head of
the agency, his or her designee, or the Contracting Officer to receive
such information.</p>
         <p outputclass="List1" class="- topic/p ">(c) <i class="+ topic/ph hi-d/i ">Government rights subsequent to
contract award</i>. The Contractor agrees—</p>
         <p outputclass="List2" class="- topic/p ">(1) Except as provided in paragraphs (c)(2),
(d), and (e) of this clause, the Government shall have the rights
to use, modify, reproduce, release, perform, display, or disclose
information contained in the Contractor's bid or proposal within
the Government. The Government shall not release, perform, display,
or disclose such information outside the Government without the
Contractor's written permission.</p>
         <p outputclass="List2" class="- topic/p ">(2) The Government’s right to use, modify, reproduce, release, perform, display, or disclose information that is technical data or computer software required to be delivered under this contract are determined by the Rights in Technical Data—Other Than Commercial Products and Commercial Services, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, or Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program clause(s) of this contract.</p>
         <p outputclass="List1" class="- topic/p ">(d) <i class="+ topic/ph hi-d/i ">Government-furnished information</i>.
The Government's rights with respect to technical data or computer
software contained in the Contractor's bid or proposal that were
provided to the Contractor by the Government are subject only to restrictions
on use, modification, reproduction, release, performance, display,
or disclosure, if any, imposed by the developer or licensor of such
data or software.</p>
         <p outputclass="List1" class="- topic/p ">(e<i class="+ topic/ph hi-d/i ">) Information available without restrictions</i>.
The Government's rights to use, modify, reproduce, release, perform,
display, or, disclose information contained in a bid or proposal,
including technical data or computer software, and to permit others to
do so, shall not be restricted in any manner if such information
has been released or disclosed to the Government or to other persons
without restrictions other than a release or disclosure resulting
from the sale, transfer, or other assignment of interest in the
information to another party or the sale or transfer of some or
all of a business entity or its assets to another party.</p>
         <p outputclass="List1" class="- topic/p ">(f) <i class="+ topic/ph hi-d/i ">Flowdown.</i> The Contractor shall
include this clause in all subcontracts or similar contractual instruments
and require its subcontractors or suppliers to do so without alteration,
except to identify the parties.</p>
         <p outputclass="Endofclause" class="- topic/p ">(End of clause)</p>
      </conbody>
   </concept>
</dita>
