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Intellectual Property Rights – Overview _ Policy

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					The Commercial Toolkit (CMT) Intellectual Property Rights – Overview and Policy – Annex C - Last Updated 1 May 09

Annex C - Model Letter Of Notification Of Intention To Carry Out An Outsourcing Exercise

1. The United Kingdom Ministry of Defence (MOD) intends to carry out an outsourcing exercise in ...........(date)............. of the services provided by....................................... (name of workshop or base) ....................................... 2. The services provided include................

3. The process of outsourcing provides for formal competition between the existing in-house capability and industry within the disciplines of the market place. It is planned to {issue an invitation to tender} (or) {to announce a competition} on ............... to a number of invited tenderers {listed in the accompanying Annex} together with a MOD team tendering to retain the work in-house. 4. Outsourcing exercises have the potential to provide valuable business opportunities for Industry. MOD wishes to identify and resolve any difficulties that may hinder the process so that it can proceed with the exercise as soon as possible. As the manager of the MOD project/team/feasibility study team responsible for this outsourcing exercise/feasibility study I have carried out a survey of all items likely to be involved in this exercise. According to our records, the item(s), listed at Annex to this letter, which will form part of this exercise, were manufactured by your company. 5. If you wish I can arrange an appointment for you to examine the information relevant to the repair and maintenance (R&M) of the equipments supplied by you that we wish to make available for inspection on site by potential tenderers and use by the winner of the competition. We will naturally give due consideration to any comments and reasons underlying any reservations that you may have about the release of such information to the potential tenderers with a view to resolving, at the earliest opportunity, any impediments that you might perceive to the outsourcing exercise going ahead. Please note in this context that we shall remove any proprietary information that is identified as not relevant to the R&M work in question. If you decide to accept this offer we shall expect you to let us know within one month of the date of your on site examination (unless you request an extension to this period within the same time scale giving your reasons for doing so) whether you continue to have any reservations about the use of the information concerned or wish to raise other associated issues that you believe require resolution before the competition can proceed.

C-1 Source: The Commercial Toolkit (CMT) Available via http://www.aof.dii.r.mil.uk or http://www.aof.mod.uk

The Commercial Toolkit (CMT) Intellectual Property Rights – Overview and Policy – Annex C - Last Updated 1 May 09

6. At the beginning of the ITT phase, tenderers will be notified by means of DEFFORM 47 that any information disclosed to them may be used only for the purpose of tendering and will be bound by confidentiality. 7. The successful tenderer will be permitted access only to the agreed full range of R&M information currently in use (excluding information removed under paragraph 5 above) at [.......]. The contract will require that the information is used exclusively for the purposes of its performance and prohibit the information from being copied, transferred to a third party, or otherwise used for any purpose outside of the contract. The same obligations of confidentiality will apply if the contract is won (where applicable) by a MOD In House Bid (IHB) team. If the IHB team has formed a teaming arrangement with a third party then that party will also be subject to such obligations where the R&M information has to be passed to it for performance of the contract 8. In the light of the above arrangements, I would therefore be grateful if you could please arrange to let me have your reply by .................. (date) ...................... letting me know whether or not you have any objection to the equipment listed being included in this outsourcing exercise , and whether you wish to examine the associated R&M information.

C-2 Source: The Commercial Toolkit (CMT) Available via http://www.aof.dii.r.mil.uk or http://www.aof.mod.uk