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Capability Acquisition & Sustainment Group

Technical Data/Intellectual Property Framework

The ASDEFCON Technical Data / Intellectual Property (TD/IP) framework is a key Defence reform initiative to improve and streamline Defence procurement processes. The framework achieves a more appropriate balance between the TD/IP needs of Defence and the protection of industry's interests, as well as reflecting the fundamental importance of TD as a key enabler of capability outcomes.

ASDEFCON Provisions

The ASDEFCON TD / IP framework has been published in:

and will be progressively incorporated into the remaining templates.

The ASDEFCON TD / IP provisions are structured as follows (using ASDEFCON Strategic Material as an example):

  • The Conditions of Contract (COC) at clause 5 defines the IP rights of each party to TD, Software and Contract Material delivered under the Contract.
  • The TD and Software Rights Schedule (TDSR Schedule) at Attachment G to the Conditions of Contract sets out any restrictions on the IP rights of each party established by clause 5 of the Conditions of Contract.
  • The Conditions of Tender (COT) and its annexes identify the criteria and response requirements against which the Commonwealth will evaluate each tenderer. In particular a draft TDSR Schedule is required to be submitted, identifying the tenderer's proposed restrictions and how they will impact Defence's use of the capability.
  • Subordinate technical documents that identify the TD, Software and Contract Material to be delivered under the Contract have been updated to reflect the new framework.

Guidance

The ASDEFCON Technical Data Intellectual Property Commercial Handbook is a companion to the ASDEFCON suite of tendering and contracting templates and is designed to assist users to understand and support the implementation of the ASDEFCON TD/IP framework within the procurement lifecycle. This Handbook, in conjunction with the Technical Data Management Handbook, will assist Defence projects and industry to better identify and articulate their TD and IP requirements over a capability life span. Please note that the Technical Data Management Handbook is a guidance document intended for internal Defence staff, but may nonetheless be useful to external Defence industry for background information. The Handbook is initially being released as an early exposure draft that will be refined over time following user feedback.

Feedback and comments on the Exposure Draft is welcomed and should be forwarded to procurement.ASDEFCON@defence.gov.au.

View the Roadshow Powerpoint presentation for the ASDEFCON Technical Data & Intellectual Property Framework