GENERAL DYNAMICS
ELECTRIC BOAT
84-02-5667 Rev. 03/13
NOTICE OF LIMITATION ON GOVERNMENT’S AND OTHER’S RIGHTS
, a duly authorized official with authority to bind my company (“Seller”):
I,
1) Understand that EB terms and conditions of purchase typically include a clause entitled “Specifically Negotiated License Rights in Noncommercial
Computer Software, Noncommercial Computer Software Documentation, and Technical Data Pertaining to Noncommercial Items” that, when
invoked, requires that the Government shall have the same license rights under this contract that it would have been granted under the clause entitled
“Rights in Technical Data and Computer Software (OCT 1988)”; and
(2) Marking - Understand that per the applicable DFARS clause specified below, the Seller, and its subcontractors or suppliers, may
only assert limitations and restrictions on the Government’s rights to use, modify, reproduce, release, perform, display, or disclose
technical data or computer software by marking the deliverable data, software or software documentation subject to restriction; and, unless the
exception for pre-existing markings specified in the DFARS clause applies, only the specific legends stated in the applicable DFARS clause are
authorized; and, as specified in the clause, applying unjustified markings or unauthorized markings may result in the markings being ignored,
removed, or corrected per the clause; and
(3) Certify, to the best of my knowledge and belief, that –
(i) My company has the right to impose limitations and/or restrictions on the Government and others to use, modify, reproduce, perform, display,
release, or disclose technical data; computer software; and/or computer software documentation (as defined in DFARS 252.227-7013, Rights in
Technical Data and Computer Software (Rev. 10/88); DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (Rev. 11/95 or
later)); or DFARS 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documents (Rev. 6/95
or later), as applicable) pertaining to items, components, or processes that are designed or to be designed; that are developed or to be developed;
and/or that are delivered or to be delivered under this subcontract/letter contract/purchase order based upon the following rationale:
The technical data; computer software; and/or computer software documentation has been developed exclusively at private expense (and
meet the criteria specified in the applicable DFARS clause cited above for claiming the type of rights asserted).
Other Rationale (please specify):
(ii) Such limitations and/or restrictions are only being imposed on the portion or portions of each piece of technical data; computer software; and/or
computer software documentation subject to such rights and the portion or portions are clearly identified.
(iii) This certification is applicable to the following items of (check all that apply):
technical data;
computer software; and/or
computer software documentation: (attach additional sheets, as necessary)
(List document(s) name(s), number(s), and revision number(s).)
(iv) I understand that my company’s assertions of limitations and restrictions on rights on the documents covered by this notice are subject
to a challenge of their validity in accordance with applicable DFARS requirements. My company has records sufficient to justify the
validity of the limiting or restrictive markings and is prepared to provide a detailed written justification for such limiting or restrictive markings
to the Government, if requested.
(v) The information contained in this certification is current, accurate, and complete as of the date of certification shown below.
By signing below:
 I certify that I am duly authorized to sign this document on behalf of the company and that to the best of my knowledge, the
information given above is current, accurate, and complete as of the date of submittal; and
 I acknowledge my understanding that misrepresentation, fraud, or falsification may be subject to civil and
criminal penalties and shall constitute a material breach of any resulting subcontract and, in addition to any other remedies
available at law or in equity, shall be cause for EB to terminate the subcontract for default.
(RFQ/RFP, Purchase Order Number)
_________________________________
(Signature)
(Company Name)
(Name)
(Date)
(Title)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------INTERNAL USE ONLY. DO NOT WRITE BELOW THIS LINE:
The undersigned has verified that the above referenced purchase order does not provide for payment for development of the proprietary data in the above
listed documents for which limitations or restrictions on rights are claimed.
Buyer
Reviewed by:
EB
Dept. No.
Newport News Shipbuilding (a division of HII)
Rev. 03/13 dated 3/7/13 (Supersedes prior Rev. 12/10)
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