Burden Two: Elect to structure and apply one’s cost-accounting systems so that promising technologies can be shown to have been developed at private, rather than Government, expense.
Burden Three: Be careful not to enter thoughtlessly into a government contract or subcontract that requires that the company develop an item or software.
Burden Four: Make- and keep- clear and convincing evidence that would prove that an item or software product was developed at private expense.
Burden Five: Whenever one contemplates a sale of a Government Purpose Rights license, negotiate with the Government to redefine the term "Government Purposes", being sure to reserve the exclusive commercial rights in secondary markets such as foreign programs, state and local programs, other Federal markets and even commercial markets.
Burden Six: Before the company enters into a contract, give written notice of any data and software to be delivered to the Government with less-than-unlimited rights, and be prepared to explain why the company is entitled to do so.
Burden Seven: Give an additional notice during performance, before committing to the use of any item whose data or software code the contractor intends to deliver with less-than-unlimited rights.
Burden Eight: Reach an agreement with a DOD contracting officer, sometime during performance, to list the data or software that will go to the Government with something less than unlimited rights.
Burden Nine: Mark every piece of proprietary data and software with the appropriate protective legend before delivering that material to the Government.
Burden Ten: In all aspects of one’s business, Government and commercial, protect all data and software believed to be other than unlimited-rights material as though that material contains trade secrets.
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