1. INFORMING POLICY through Quantification of the INTELLECTUAL PROPERTY LOCK-IN Associated with DOD ACQUISITION.
- Author
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Berardi, Christopher, Cameron, Bruce, and Crawley, Ed
- Subjects
INTELLECTUAL property ,DEFENSE procurement laws ,DEFENSE contracts ,SERVICE contracts ,GOVERNMENT policy - Abstract
This article highlights a general lack of quantitative understanding surrounding trends in intellectual property lock-in associated with Department of Defense (DoD) acquisition. Important questions like, “How much does lacking rights in intellectual property cost DoD each year in lost competition?" remain unanswered. The analysis herein seeks to interpret DoD contracting trends in Federal Acquisition Regulation (FAR) 6.302- 1(b)(2) exceptions to full and open competition as an indicator variable for intellectual property lock-in. By using data publicly available from USASpending.gov, this article revealed that approximately $6 billion in contracts used FAR 6.302-1(b)(2) exceptions between FY08–FY15. Further analysis identified trends in the decreasing use of FAR 6.302-1(b)(2) exceptions, but no material trend in the amount of money obligated using exceptions. A key finding was prevalent use of FAR 6.302-1(b)(2) exceptions for service contracts as well as research and development contracts. This finding countermands conventional understanding of what is acquired using 6.302-1(b)(2) exceptions. [ABSTRACT FROM AUTHOR]
- Published
- 2017
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