Master Alliance Provisions Guide (MAPGuide)

Moderna – BARDA Contract for Development of mRNA Vaccine

  • IP ownership & licensing | Access to results

Moderna BARDA Agreement: Section B.4.13: Limited Rights Data

Notwithstanding any contrary representation by the Contractor on the System for Award Management or any contrary provision in this contract, the following categories of information  developed at private expense will, if provided to the Government, be considered limited rights data subject to the restrictions specified in FAR 52.227-14, Alternate II. These restrictions apply to any component of information covered by this provision, regardless of whether a component is included in a contract deliverable. The Government will not reverse engineer or otherwise evaluate materials provided under this Contract to reproduce the type of information described below without Moderna’s prior written consent. [Specific categories of information have been redacted.]

Moderna BARDA Agreement: Section H.18 FAR52.227-14, Rights in Data – General, Alternate II (December 2007)

As prescribed in FAR 27.409(b)(3), the following paragraph is inserted into (g)(3) of the basic clause:

(g)(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. If delivery of that data is required, the Contractor shall affix the following “Limited Rights Notice” to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and (f) of the clause, in accordance with the notice: 

Limited Rights Notice (Dec 2007)

a. These data are submitted with limited rights under Government Contract No. 75A50120C00034 and subcontracts. These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the contractor, be used for purposes of manufacture nor disclosed outside the Government, except that the Government may disclose these data outside the Government for the following purposes, if any; provided that the Government makes such disclosure subject to prohibition against further use and disclosure: (i) Use (except for manufacture) by support service

b. This notice shall be marked on any reproduction of these data, in whole or in part.