Evaluating Intellectual Property and Data Rights in Competition Source Selections Leveraging the Assertions Process to a New Level to Foster Open Systems Architecture

Abstract

Competition is repeatedly cited in the acquisition world as a powerful tool, if not the most powerful tool, to ensure taxpayers get the most value for their tax dollars. A viable competition package (Request for Proposal [RFP], Statement of Work [SOW], Performance Work Statement [PWS], etc.) is not possible without having adequate technical data, computer software, and computer software documentation to provide to potential competitors to enable them to develop or evolve a system or support the solution needed. This paper first presents the acquisition professional with the knowledge to more effectively evaluate intellectual property in source selections to ensure the Government gets the intellectual property rights it needs to procure, support, and sustain systems the warfighter and others need; second, provides a structure and process to get these rights identified on contract while providing transparency for them throughout the period of performance; and, finally, presents a different way to look at the necessary rights when viewed from an open system architecture perspective.