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Contract Clauses for Solicitation 470SMD20R0001 Refresh Number 19 Contract Number: GS -07F -0031W
<br />(a) Definitions. As used in this clause —
<br />"Computer database" or "database" means a collection of recorded information in a form capable of,
<br />and for the purpose of, being stored in, processed, and operated on by a computer. The term does not
<br />include computer software.
<br />"Computer software" —
<br />(1) Means
<br />(i) Computer programs that comprise a series of instructions, rules, routines, or
<br />statements, regardless of the media in which recorded, that allow or cause a computer to
<br />perform a specific operation or series of operations; and
<br />(ii) Recorded information comprising source code listings, design details, algorithms,
<br />processes, flow charts, formulas, and related material that would enable the computer
<br />program to be produced, created, or compiled.
<br />(2) Does not include computer databases or computer software documentation.
<br />"Computer software documentation" means owner's manuals, user's manuals, installation instructions,
<br />operating instructions, and other similar items, regardless of storage medium, that explain the
<br />capabilities of the computer software or provide instructions for using the software.
<br />"Data" means recorded information, regardless of form or the media on which it may be recorded. The
<br />term includes technical data and computer software. The term does not include information incidental
<br />to contract administration, such as financial, administrative, cost or pricing, or management
<br />information.
<br />"Form, fit, and function data" means data relating to items, components, or processes that are sufficient
<br />to enable physical and functional interchangeability, and data identifying source, size, configuration,
<br />mating and attachment characteristics, functional characteristics, and performance requirements. For
<br />computer software it means data identifying source, functional characteristics, and performance
<br />requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts
<br />of the software.
<br />"Limited rights" means the rights of the Government in limited rights data as set forth in the Limited
<br />Rights Notice of paragraph (g)(3) if included in this clause.
<br />"Limited rights data" means data, other than computer software, that embody trade secrets or are
<br />commercial or financial and confidential or privileged, to the extent that such data pertain to items,
<br />components, or processes developed at private expense, including minor modifications.
<br />"Restricted computer software" means computer software developed at private expense and that is a
<br />trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer
<br />software, including minor modifications of the computer software.
<br />"Restricted rights" as used in this clause, means the rights of the Government in restricted computer
<br />software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as
<br />otherwise may be provided in a collateral agreement incorporated in and made part of this contract,
<br />including minor modifications of such computer software.
<br />"Technical data" means recorded information (regardless of the form or method of the recording) of a
<br />scientific or technical nature (including computer databases and computer software documentation).
<br />This term does not include computer software or financial, administrative, cost or pricing, or
<br />management data or other information incidental to contract administration. The term includes recorded
<br />information of a scientific or technical nature that is included in computer databases (See 41 U.S.C.
<br />116).
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