Just as with my Quick Hitter series on the FAR, my Quick Hitter series on the GSAR is meant to simplify contracting business with the government. This time with GSA.
GSAR 527.409 Contract Clauses (FAR Deviation)
FAR 52.227-17
The overarching Federal Acquisition Regulations gives the contractor copyright ownership even if they release proprietary information to the government. This means the government basically has to cite its source when producing or using the acquisition in present or future use. It’s essentially free advertising for the vendor in return for gifting to the government.
GSAR 552.227-70
GSA takes sole ownership while securing copyright legalities as the contractor must supply proprietary information to them for three (3) years after the buy. The same goes for A&E in GSAR 552.227-71.
When it comes to rights of proprietary information think software. Most of the time it’s specialized in the realm of counter-terrorism or weapons defense systems. I’ve heard stories of intense negotiations from retired executives and military brass about data rights.
However, at GSA if you agree to the release of proprietary information it’s just theirs. You can’t blame them. I’m sure this clause was constructed because a company just gave over their intellectual property without demanding anything in return. So, they jumped on the opportunity. I would be willing to guess that the CO repeatedly asked them if that was their intent and they repeatedly said yes. I don’t think they stole anything from anybody, but they did seize the opportunity that was given to them.
Picking through contract language is one of my favorite things to do. I can make the complex simple for you.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation. 
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