The U.S. Department of Defense (DoD) has proposed revisions to the Defense Federal Acquisition Regulation Supplement (DFARS) designed to shift intellectual property rights terms from the current standard to terms that are more individualized by contract – resulting in ownership and license rights that are more favorable to the government and less favorable to contractors. Among other changes, the new rules will require contractors to assign a monetary value to their technical data and computer software in proposals. The new rules also will encourage the government to negotiate for special license rights.
These proposed revisions, DFARS Case 2018-D071 and Case 2018-D018 (collectively referred to as the DFARS Cases) will revise the DFARS to comply with sections of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. In their current form, however, the revisions address a wide range of changes that extend beyond the requirements of NDAA FY 2018. Contractors should begin to plan now for the implementation of the new rules.
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