12.211
Technical data
The Government may only acquire technical data and rights customarily provided with commercial products, and must clearly define these rights in contract clauses.
Overview
FAR 12.211 establishes the rules for acquiring technical data in contracts for commercial products. The Government is limited to obtaining only those technical data rights that are customarily provided to the public with the commercial product or process, unless an agency-specific statute dictates otherwise. The regulation presumes that technical data delivered under such contracts was developed exclusively at private expense. Contracting officers are required to include specific provisions and clauses in solicitations and contracts to clearly define the Government's rights in the technical data, referencing FAR Part 27 or relevant agency supplements as needed.
Key Rules
- Acquisition of Technical Data
- The Government may only acquire technical data and rights typically available to the public for commercial products or processes, unless otherwise specified by law.
- Presumption of Private Expense
- Technical data delivered under commercial product contracts is presumed to be developed at private expense.
- Contract Clauses and Provisions
- Contracting officers must include appropriate clauses in solicitations and contracts to specify the Government's rights in technical data, referencing FAR Part 27 or agency supplements.
Responsibilities
- Contracting Officers: Must ensure only customary technical data rights are acquired and include the correct clauses in contracts and solicitations.
- Contractors: Should provide technical data as customarily available to the public and be aware of the presumption of private expense.
- Agencies: Must comply with agency-specific statutes and ensure oversight of technical data rights acquisition.
Practical Implications
- This section protects contractors from having to provide more technical data or rights than is standard in the commercial marketplace, reducing risk and administrative burden.
- Contracting officers must be diligent in drafting and reviewing contract language to avoid overreaching data rights claims.
- Failure to follow these rules can result in disputes over data rights or noncompliance with federal acquisition policy.