97.    SELLER'S INFORMATION
    Except for information disclosed in writing pursuant to the clause entitled "Rights in Technical Data and Computer Software", any knowledge or information concerning Seller's products, methods or manufacturing processes which Seller may disclose to Buyer incident to the performance of the work under this Order shall not, unless otherwise specifically agreed upon by Buyer, be deemed to be confidential or proprietary information, and accordingly shall be acquired free from any restrictions and shall be deemed to have been disclosed as a part of the consideration for this Order and Seller agrees not to assert any claim (other than a claim for patent infringement) against Buyer by reason of Buyer's use or alleged use thereof.  It is Seller's responsibility to control its employees' inadvertent disclosure to Buyer of information not intended to be disclosed under this order.

98.    FAR 52.227-2, NOTICE AND ASSISTANCE REGARDING PATENT     AND COPYRIGHT INFRINGEMENT (APR 84) (EB-MODIFIED)     (MANDATORY)     
    (a)    The Seller shall report to the Contracting Officer and Buyer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Purchase Order of which the Seller has knowledge.
    (b)    In the event of any claim or suit against the Buyer and/or Government on account of any alleged patent or copyright infringement arising out of the performance of this Purchase Order or out of the use of any supplies furnished or work or services performed under this Purchase Order, the Seller shall furnish to the Buyer and/or Government, when requested by the Buyer, all evidence and information in possession of the Seller pertaining to such suit or claim.  Such evidence and information shall e furnished at the expense of the Government except where the Seller has agreed to indemnify the Buyer and the Government.
    (c)    The Seller agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services (including construction and architect-engineer subcontracts and those for material, supplies, models, samples, or design or testing services) expected to exceed the dollar amount set forth in 13.000 of the Federal Acquisition Regulation (FAR).

99.    FAR 52.227-9, REFUND OF ROYALTIES (APR 1984) (EB-MODIFIED     TO REFLECT PARTIES) (MANDATORY)     
    (Applies if invoked in Buyer's Prime Contract and if the amount of royalties reported during negotiation of this order exceeds $250.)
    (a)    The Buyer's Prime Contract price includes certain amounts for royalties payable by the contractor or subcontractors or both, which amounts have been reported to the Contracting Officer.
    (b)    The term "royalties" as used in this clause refers to any costs or charges in the nature of royalties, license fees, patent or license amortization costs, or the like, for the use of or for rights in patents and patent applications in connection with performing this contract or any subcontract hereunder.
    (c)    The Seller shall furnish to the Buyer, before final payment under this purchase Order, a statement of royalties paid or required to be paid in connection with performing this Purchase Order and subcontracts hereunder together with the reasons.
    (d)    The Seller will be compensated for royalties reported under paragraph (c) of this clause, only to the extent that such royalties were included in the Buyer's prime contract price and are determined by the Buyer's Contracting Officer to be properly chargeable to the Government and allocable to the Buyer's Prime Contract.  To the extent that any royalties that are included in the Purchase Order price are not in fact paid by the Seller or are determined by the Buyer's Contracting Officer not to be properly chargeable to the Government and allocable to the Buyer's Prime Contract, the Purchase Order price shall be reduced.  Repayment or credit to the Government shall be made as the Buyer directs.
    (e)    If, at any time within 3 years after final payment under this Purchase Order, the Seller for any reason is relieved in whole or in part from the payment of the royalties included in the final contract price as adjusted pursuant to paragraph (d) of this clause, the Seller shall promptly notify the buyer of that fact, in writing, and shall reimburse the Buyer in a corresponding amount.
    (f)    The substance of this clause, including this paragraph (f), shall be included in any subcontract in which the amount of royalties reported during negotiation of the subcontract exceeds $250.

100.    FAR 52.227-10, FILING OF PATENT APPLICATIONS -     CLASSIFIED SUBJECT MATTER (APR 84) (EB-MODIFIED) (MANDATORY)
    (Applies if this order covers or is likely to cover classified subject matter.)
    A.    Before filing or causing to be filed a patent application in the United States disclosing any subject matter of this Purchase Order, which subject matter is classified "Secret" or higher, the Seller shall, citing the thirty (30) day provision below transmit the proposed application to the Contracting Officer of the Prime contract for determination whether, for reasons of national security,  such application should be placed under an order of secrecy or sealed in accordance with the provisions of 35 U.S.C.. 181-188 or the issuance of a patent should be otherwise delayed under pertinent United States statutes or regulations; and the Seller shall observe any instructions of the Buyer's Contracting Officer with respect to the manner of delivery of the patent application to the United States Patent Office for filing, but the Seller shall not be denied the right to file such patent application.  If the Buyer's Contracting Officer shall not have given any such instructions within thirty (30) days from the date of mailing or other transmittal of the proposed application, the Seller may file the application.
    B .    Before filing a patent application in the United States disclosing any subject matter of this contract classified "Confidential", the Seller shall furnish to the Contracting Officer a copy of the application for Government determination whether for reasons of national security the application should be placed under an order of secrecy, or the issuance of a patent should be otherwise delayed under pertinent United States statutes or regulations.
    C.    Where the subject matter of this Purchase Order is classified for reasons of security, the Seller shall not file, or cause to be filed in any country, other than in the United states as provided in A. and B. of this Article an application or registration for a patent containing any of said subject matter without first obtaining written approval of the Buyer's Contracting Officer.
    D.    When fling any patent application coming within the scope of this Article, the Seller shall observe all applicable security regulations covering the transmission of classified subject matter, and shall also promptly furnish to the Buyer's Contracting Officer the serial number, filing date, and name of country of any such patent application.  When transmitting the application to the United States Patent Office, the Seller shall by separate letter, identify by agency and number the Purchase Order or Purchase Orders which require security classification markings to be placed on the application.
    E.    The seller agrees to include, and require the inclusion of, this clause in all subcontracts at any tier that cover or are likely to cover classified subject matter.

101.    PATENTS AND ROYALTIES (MANDATORY)
    (a)    If this order or any modification thereof is for experimental, developmental, or research work, and-
        (1)    The Government prime contract under which this order is issued contains the "Patents Rights" clause set forth in FAR 52.227-12, Patent Rights - Retention by the Contractor (Long Form), then
            (i)  if Seller is a small business firm or nonprofit organization (as defined in FAR 27 .301), FAR 52.227-11, Patent Rights - Retention by The Contractor (Short Form), is incorporated herein by reference as if set forth in full; or
            (ii)  if Seller is other than a small business firm or nonprofit organization, FAR 52.227-12 is incorporated herein by reference as if set forth in full; but if
        (2)    The Government prime contract under which this order is issued contains the Patents Rights clause set forth in FAR 52.227-13, Patent Rights - Acquisition by the Government, then such FAR clause is incorporated in this order by reference as if set forth in full.

Seller agrees to make the disclosures and grant the rights to the Government to be made and granted by "Contractor" therein.  Seller shall submit all reports requited by such FAR clause directly to the Buyer's Contracting Officer (who will be identified by the Buyer) or to the Buyer, at the option of the Seller.  Seller shall include the substance of this paragraph (a) in every subcontract, regardless of tier, which requires performance of experimental, developmental, or research work.
    The currently applicable revision of FAR 52.227-11, 52.227-12 and 52.227-13 is June 1989.
    Seller's attention is also directed to the following clauses which are incorporated separately into this document.
    FAR 52.227-2,    Notice and Assistance Regarding Patent and Copyright Infringement
    FAR 52.227-9,    Refund of Royalties
    FAR 52.227-10,    Filing of Patent Applications-Classified Subject Matter
    DFARS 252.227-7039,    Patents - Reporting of Subject Inventions
    The Seller agrees to indemnify Buyer and Government, their officers, agents, servants and employees against liability of any kind (including costs and expenses incurred) for the uses of any invention or discovery and for the infringement of any Letters Patent (not including liability arising pursuant to Section 183 U.S.C. - Title 35, as amended, prior to issuance of Letter Patent) occurring in the performance of this Order or arising by reason of the use or disposal by or from the account of Buyer and the Government of items manufactured or supplied under this Order, except, however, (1) infringement necessarily resulting from Seller's compliance with written specifications, (2) provisions for other than standard products or components manufactured or supplied by the Seller, or (3) resulting from specific written instructions given by Buyer for the purpose of directing a manner of performance of the Order not normally utilized by Seller.

102.    DFARS 252.227-7039, PATENTS - REPORTING OF SUBJECT     INVENTIONS (APR 1990) (EB-MODIFIED)     
    The Seller shall furnish the Buyer and the Buyer's Contracting Officer the following:
    (a)    Interim reports every twelve (12) months (or such longer period as may be specified by the Buyer) from the date of the Purchase Order listing subject inventions during that period and stating that all subject inventions have been disclosed or that there are no such inventions.
    (b)    A final report, within three (3) months after completion of the contracted work, listing all subject inventions or stating that there were no such inventions.
    (c)    Upon request, the filing date, serial number and title, a copy of the patent application and patent number, and issue data for any subject invention for which the Seller has retained title.
    (d)    Upon request, the Seller shall furnish the Government an irrevocable power to inspect and make copies of the patent application file.

103.    MARKING OF UNCLASSIFIED TECHNICAL DOCUMENTS
    (MANDATORY)
    Unclassified technical documents shall be marked with the following:  "This document is subject to special export controls and each transmittal to foreign nations may be made only with prior approval of NAVSEA."

104.    IDENTIFICATION OF RESTRICTIONS ON GOVERNMENT RIGHTS     IN TECHNICAL DATA
    As required by paragraph (k) entitled "Identification of Restrictions on Government Rights" of DFARS 252.227-7013 (OCT 1988) invoked in these Terms and Conditions, Seller shall provide a listing to the Buyer named on this order of all technical data and computer software which will be tendered to Buyer or the Government with other than unlimited rights.

105.    NAVSEA 5252.227-9114, UNLIMITED RIGHTS IN TECHNICAL     DATA-NUCLEAR PROPULSION PLANT SYSTEMS
    (SEP 1990) (EB-MODIFIED)
    Pursuant to subparagraph (b)(1) of the clause entitled "RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE" (DFARS 252.227-7013), the Seller agrees that all technical data pertaining to nuclear propulsion plant systems under the technical cognizance of the Deputy Commander, Nuclear Propulsion Directorate, Naval Sea Systems Command (SEA 08), which is to be delivered on this  order pursuant to Buyer's prime contract, shall be delivered with unlimited rights, provided, however, that nothing in the clause shall be deemed to require Seller or any subcontractor of any tier under Buyer's Prime Contract to deliver or furnish with unlimited rights any technical data which he is entitled to deliver with limited rights pursuant to said "RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE" clause.

106.    DFARS 252.227-7013, RIGHTS IN TECHNICAL DATA AND     COMPUTER SOFTWARE (OCT 1988) (MANDATORY) (EB-MODIFIED)
    This clause is incorporated into this order by reference as if set forth in full.
    Add the following:
    In the second paragraph of (e)(4), the date of DFARS 252.227-7013 shall be October 1988.

107.    DFARS 252.227-7018, RESTRICTIVE MARKINGS ON TECHNICAL     DATA (OCT 1988) (EB-MODIFIED) (MANDATORY)
    (a)    The Seller or any subcontractor that delivers technical data with other than unlimited rights shall have, maintain, and follow throughout the performance of this Purchase Order, written procedures sufficient to assure that restrictive markings are used only when authorized by the terms of the "Rights in Technical Data and Computer Software" clause of this Purchase Order.  The Seller or subcontractor shall also maintain a quality assurance system to assure compliance with this clause.
    (b)    As part of the procedures, the Seller shall as a minimum:
        (1)    Maintain records to show how the
procedures of paragraph (a) above were applied in determining that the markings are authorized;
        (2)    Maintain records sufficient to justify the validity of any restrictive markings on technical data delivered under this contract;
        (3)    Provide for review of subcontractor procedures for controlling the restrictive markings on technical data.  Where appropriate, the Seller may request Government assistance in evaluating subcontractor procedures; and
        (4)    Establish and maintain operating procedures and physical security designed to protect any technical data subject to other than unlimited rights from inadvertent or unauthorized marking, disclosure or release to third parties.
    (c)    The Seller shall, within sixty (60) days after award of this Purchase Order, identify in writing to the Buyer's Contracting Officer via Buyer by name or title the person(s) having the final responsibility within the Seller's organization for determining whether restrictive markings are to be placed on technical data to be delivered under this Purchase Order.  The Government is authorized to contact such person(s) to resolve questions involving restrictive markings.
    (d)    The Buyer's Contracting Officer may evaluate, verify and obtain a copy of the Seller's procedures.  The failure of the Buyer's Contracting Officer to evaluate or verify such procedures shall not relieve the Seller of the responsibility for complying with paragraphs (a) and (b) above.
    (e)    If the Buyer's Contracting Officer gives written notification of any failure to maintain or follow the established procedures, or of any deficiency in the procedures, corrective action shall be accomplished within the time specified by the Buyer's Contracting Officer.
    (f)    This clause shall be included in each subcontract under which technical data is required to be delivered.  When so inserted, "Seller" shall be changed to "Subcontractor."

108.    DFARS 252.227-7027, DEFERRED ORDERING OF TECHNICAL     DATA OR COMPUTER SOFTWARE (APR 1988) (EB-MODIFIED)
    In addition  to technical data or computer software specified elsewhere in this Purchase Order to be delivered hereunder, the Government may, at any time during the performance of this Purchase Order or within a period of three (3) years after acceptance of all items (other than technical data or computer software) to be delivered under this Purchase Order or the termination of this Purchase Order, order any technical data or computer software generated in the performance of this Purchase Order or any lower-tier subcontract hereunder.  When the technical data or computer software is ordered, the Seller shall be compensated for converting the data or computer software into the prescribed form, for reproduction and delivery.  The obligation to deliver the technical data of a lower-tier subcontractor and pertaining to an item obtained from him shall expire three (3) years after the date the Seller accepts the last delivery of that item from that lower-tier subcontractor under this Purchase Order.  The Government's rights to use said data or computer software shall be pursuant to the "Rights in Technical Data and Computer Software" clause of this Purchase Order.

109.    DFARS 252.227-7029, IDENTIFICATION OF TECHNICAL DATA     (APR 1988) (EB-MODIFIED)
    Technical Data (as defined in the "Rights in Technical Data" cause of this Purchase Order) delivered under this Purchase Order shall be marked with the number of this Purchase Order, name of Seller, and name of any subcontractor who generated this data.

110.    DFARS 252.227-7030, TECHNICAL DATA-WITHHOLDING OF PAYMENT (OCT 1988) (EB-MODIFIED)
    A.    If technical data specified to be delivered under this Purchase Order, is not delivered within the time specified by this purchase Order or is deficient upon delivery (including having restrictive markings not identified in the list described in the clause at DFARS 252.227-7013(k)), the Buyer may, until such data is accepted, withhold payment to the Seller of ten percent (10%) of the total Purchase Order price or amount unless a lesser withholding is specified in the Purchase Order.  Payments shall not be withheld nor any other action taken pursuant to this paragraph when the Seller's failure to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the Seller.
    B.    The withholding of any amount or subsequent payment to the Seller shall not be construed as a waiver of any rights accruing to the Government under this Purchase Order.

111.    DFARS 252.227-7037, VALIDATION OF RESTRICTIVE MARKINGS     ON TECHNICAL DATA (APR 1988) (EB-MODIFIED) (MANDATORY)     (a)    Definitions.     The terms used in this clause are defined in the clause at DFARS 252.227-7013 (OCT 1988) of the Department of Defense Federal Acquisition Regulation Supplement (DFARS).
    (b)    Justification.
        The Seller or subcontractor at any tier is responsible for maintaining records sufficient to justify the validity of its markings that impose restrictions on the Government and others to use duplicate, or disclose technical data delivered or required to be delivered under the Purchase Order or subcontract, and shall be prepared to furnish to the Contracting Officer a written justification for such restrictive markings in response to a challenge under paragraph (d) below.
    (c)    Prechallenge Request for Information.
        (1)    The Contracting Officer may request the Seller or subcontractor to furnish a written explanation for any restriction asserted by the Seller or subcontractor on the right of the United States or others to use technical data.  If, upon review of the explanation submitted, the contracting officer remains unable to ascertain the basis of the restrictive marking, the Contracting Officer may further request the Seller or subcontractor to furnish additional information in the records of, or otherwise in the possession of or reasonably available to, the Seller or subcontractor to justify the validity of any restrictive marking on technical data delivered or to be delivered under the Purchase Order or subcontract (e.g., a statement of facts accompanied with supporting documentation).  The Seller or subcontractor shall submit such written data as requested by the Contracting Officer within the time required or such longer period as may be mutually agreed.
        (2)    If the Contracting Officer, after reviewing the written data furnished pursuant to paragraph (c)(1) above, or any other available information pertaining to the validity of a restrictive marking, determines that reasonable grounds exist to question the current validity of the marking and that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Contracting Officer shall follow the procedures in (d) below.
        (3)    If the Seller or subcontractor fails to respond to the Contracting Officer's request for information under paragraph (c)(1) above, and the Contracting Officer determines that continued adherence to the marking would make impracticable the subsequent competitive acquisition of the item, component, or process to which the technical data relates, the Contracting Officer may challenge the validity of the marking as described in paragraph (d) below.
    (d)    Challenge.
        (1)    Notwithstanding any provision of this Purchase Order concerning inspection and acceptance, if the Contracting Officer determines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a written challenge notice to the Seller or subcontractor asserting the restrictive markings.  Such challenge shall:
        (i)  State the specific grounds for challenging the asserted restriction;
        (ii)  Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity of the asserted restriction; and
        (iii)  State that a DoD Contracting Officer's final decision, issued pursuant to paragraph (f) below, sustaining the validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding the challenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the same Seller or subcontractor (or any licensee of such Seller or subcontractor) to which such notice is being provided.
        (iv)  State that failure to respond to the challenge notice may result in issuance of a final decision pursuant to paragraph (e) below.
        (2)    The Contracting Officer shall extend the time for response as appropriate if the Seller or subcontractor submits a written request showing the need for additional time to prepare a response.
        (3)    The Seller's or subcontractor's written response to the Contracting Officer shall be considered claim within the meaning of the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.), and shall be certified in the form prescribed by FAR 33.207, regardless of dollar amount.
        (4)    A Seller or subcontractor receiving challenges to the same restrictive markings from more than one Contracting Officer shall notify each Contracting Officer of the existence of more than one challenge.  The notice shall also state which Contracting officer initiated the first in time unanswered challenge.  The Contracting officer initiating the first in time unanswered challenge after consultation with the Seller or subcontractor and the other Contracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to all interested parties.  The schedule shall afford the Seller or subcontractor an opportunity to respond to each challenge notice.  All parties will be bound by this schedule.
    (e)    Final Decision When Contractor or Subcontractor Fails to Respond.  
        Upon a failure of the Seller or subcontractor to submit any response to the challenge notice, the Contracting officer will issue a final decision to the Seller or subcontractor in accordance with the Disputes clause at FAR 52.233-1, pertaining to the validity of the asserted restriction.  This final decision shall be issued as soon as possible after the expiration of the time period of paragraph (d)(1)(ii) or (d)(2) above.   Following the issuance of the final decision, the Contracting Officer will comply with the procedures in (f)(2)(ii) through (iv) below.
    (f)    Final Decision When Seller or Subcontractor Responds.
        (1)    If the Contracting Officer deter-mines that the Seller or subcontractor has justified the validity of the restrictive marking, the Contracting Officer shall issue a final decision to the Seller or subcontractor sustaining the validity of the restrictive marking, and stating that the Government will continue to be bound by the restrictive marking.  This final decision shall be issued within sixty (60) days after receipt of the Seller's or subcontractor's response to the challenge notice or within such longer period that the Contracting Officer has notified the Seller or subcontractor that the Government will require.  The notification of a longer period for issuance of a final decision will be made within sixty (60) days after receipt of the response to the challenge notice.
        (2)(i)  If the Contracting Officer determines that the validity of the restrictive marking is not justified, the Contracting officer shall issue a final decision to the Seller or subcontractor in accordance with the Disputes clause at FAR 52.233-1.  Notwithstanding paragraph (e) of the Disputes clause, the final decision shall be issued within sixty (60) days after receipt of the Seller's or subcontractor's response to the challenge notice or within such longer period that the Contracting Officer has notified the Seller or subcontractor of the longer period that the Government will require.  The notification of a longer period for issuance of a final decision will be made within sixty (60) days after receipt of the response to the challenge notice.
        (ii) The Government agrees that it will continue to be bound by the restrictive marking for a period of ninety (90) days from the issuance of the Contracting Officer's final decision under paragraph (f)(2)(i) of this clause.  The Seller or subcontractor agrees that, if it intends to file suit in the United States Court of Federal Claims it will provide a notice of intent to file suit to the Contracting Officer within ninety (90) days from the issuance of the Contracting Officer's final decision under paragraph (f)(2)(i) of this clause.  If the Seller or subcontractor fails to appeal, file suit, or provide a notice of intent to file suit to the Contracting Officer within the ninety (90) day period, the Government may cancel or ignore the restrictive markings, and the failure of the Seller or subcontractor to take the required action constitutes agreement with such Government action .
        (iii)  The Government agrees that it will continue to be bound by the restrictive marking where a notice of intent to file suit in the United States Claims Court is provided to the Contracting Officer within ninety (90) days from the issuance of the final decision under paragraph (f)(2)(i) of this clause.  The Government will no longer be bound, and the Seller or subcontractor agrees that the Government may strike or ignore the restrictive markings, if the Seller or subcontractor fails to file its suit within one (1) year after issuance of the final decision.  Notwithstanding the foregoing, where the head of an agency determines, on a nondelegable basis, that urgent or compelling circumstances will not permit waiting for the filing of a suit in the United States Court of Federal Claims, the Seller or subcontractor agrees that the agency may, following notice to the Seller or subcontractor, authorize release or disclosure of the technical data.  Such agency determination may be made at any time after issuance of the final decision and will not affect the Seller's or subcontractor's right to damages against the United States where its restrictive markings are ultimately upheld or to pursue other relief, if any, as may be provided by law.

        (iv)  The Government agrees that it will be bound by the restrictive marking where an appeal or suit is filed pursuant to the Contract Disputes Act until final disposition by the Armed Services Board of Contract Appeals or the United States Court of Federal Claims.  Notwithstanding the forgoing, where the head of an agency determines, on a nondelegable basis, following notice to the Seller that urgent or compelling  circumstances will not permit awaiting the decision by the Armed Services  Board of Contract Appeals or the United States Court of Federal Claims, the Seller or subcontractor agrees that the agency may authorize release or disclosure of the technical data.  Such  agency determination may be made at any time after issuance of the final decision and will not affect the Seller's or subcontractor's right to damages against the United States where its restrictive markings are ultimately upheld or to pursue other relief, if any, as may be provided by law.
    (g)    Final Disposition of Appeal or Suit.
        (1)    If the Seller or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Contracting Officer's decision is sustained--
            (i)   The restrictive marking on the technical data shall be cancelled, corrected or ignored; and
            (ii)  If the restrictive marking is found not to be substantially justified, the Seller or subcontractor, as appropriate, shall be liable to the Government for payment of the cost to the government of reviewing the restrictive marking and the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in challenging the marking, unless special circumstances would make such payment unjust.
        (2)    If the Seller or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Contracting Officer's decision is not sustained--
            (i)  The Government shall continue to be bound by the restrictive marking; and
            (ii)  The Government shall be liable to the Seller or subcontractor for payment of fees and other expense (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Seller or subcontractor in defending the marking, if the challenge by the Government is found not to have been made in good faith.
    (h)    Duration of Right to Challenge.
        The Government may review the validity of any restriction on technical data, delivered or to be delivered under a Purchase Order, asserted by the Seller or subcontractor.  During the period within three (3) years of final payment on Buyer's prime contract or within three (3) years of delivery of the technical data to the Government, whichever is later, the Contracting Officer may review and make a written determination to challenge the restriction.  The Government may, however, challenge a restriction on the release, disclosure or use of technical data at any time if such technical data--
        (1)    Is publicly available;
        (2)    Has been furnished to the United States without restriction; or
        (3)    Has been otherwise made available without restriction.  Only the Contracting Officer's final decision resolving a formal challenge by sustaining the validity of a restrictive marking constitutes "validation" as addressed in 10 U.S.C. 2321.
        A decision by the Government, or a determination by the Contracting Officer, to not challenge the restrictive marking or asserted restriction shall not constitute "validation".
    (i)    Privity of Contract.
        The Seller or subcontractor agrees that the Contracting Officer may transact matters under this clause directly with Seller and subcontractors at any tier that assert restrictive markings.  However, this clause neither creates nor implies privity of contract between the Government and the Seller or its subcontractors.  Seller acknowledges that an appeal to the Armed Services Board of Contracts Appeal (ASBCA) or suit in the Court of Federal Claims (COFC) is its sole means for challenging the Contracting Officer's final decision.
    (j)    Flowdown.
        The Contractor or subcontractor agrees to insert this clause in subcontracts at any tier requiring the delivery of technical data.

112.    DRAWINGS AND SPECIFICATIONS
    Upon completion of work by Seller under this Order, Seller shall promptly return to Buyer all drawings, specifications, and other data or papers furnished by Buyer in connection herewith together with all copies or reprints then in Seller's possession and control, unless otherwise directed by the Buyer, and Seller shall thereafter make no further use of any such drawings, specifications, data or papers or of any information derived therefrom without Buyer's prior written consent.
    This restriction does not apply in the event:
    (a)    The Seller obtains such drawings, specifications, data, or papers, or any  information derived therefrom, legally from another source; or
    (b)    Such drawings, specifications, data, or papers are Government property and the Government, directly or indirectly, authorizes such further use by Seller.

113.    RESERVED

114.    RESERVED

115.    RESERVED

116.    NAVSEA 5252.227-9113 GOVERNMENT-INDUSTRY DATA
    EXCHANGE PROGRAM (JUL 1995) (MANDATORY)
    This clause is applicable if this Purchase Order exceeds $500,000.00 and if this clause is in Buyer's Prime Contract.
    (a)    The Subcontractor shall participate in the appropriate interchange of the Government-Industry Data Exchange Program (GIDEP) in accordance with the latest revision of NAVSEA S0300-BU-GYD-010 dated November 1994.  Data entered is retained by the program and provided to qualified participants.  Compliance with this requirements shall not relieve the Subcontractor from complying with any other requirement of the subcontract.