FARSmarterBids
Bid Smarter. Far Smarter.

DSCR

DSCR I172: RESTRICTIVE USE OF RIGHTS GUARD DATA

I172   52.227-9G05  RESTRICTIONS ON USE OF RIGHTS GUARD   DSCR (FEB 2007)
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 (E-3, E-8 and/or -135 series
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 and/or the Boeing Company shall have the
right to audit supplier's/bidder's/offeror's records to ensure
the destruction of Boeing proprietary data.  The reviews may be 
conducted after giving fifteen (15) days written notice in 
advance of such reviews.

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