27.400
Scope of subpart
FAR 27.400 clarifies which agencies and contract actions are governed by the data rights and copyright policies in Subpart 27.4, ensuring correct application of these rules.
Overview
- FAR 27.400 defines the scope of Subpart 27.4, which addresses the policies and procedures for rights in data, copyrights, and the acquisition of data in government contracts. It clarifies which agencies and sections of the subpart are covered by these rules.
Key Rules
- Applicability of Policy Statement (27.402)
- The policy statement in section 27.402 applies to all executive agencies, including the Department of Defense (DoD).
- Applicability of Remaining Subpart
- All other sections of Subpart 27.4 apply to all executive agencies except the DoD, which may have separate or additional requirements.
Responsibilities
- Contracting Officers: Must determine which parts of Subpart 27.4 apply to their agency and ensure contract clauses reflect the correct data rights and copyright policies.
- Contractors: Should understand which agency's rules apply to their contract, especially if working with the DoD versus other executive agencies.
- Agencies: Must implement the appropriate policies and procedures for data rights and copyright acquisition as outlined in the applicable sections.
Practical Implications
- This section exists to clarify the boundaries of Subpart 27.4, ensuring agencies and contractors know which rules apply to their contracts.
- It impacts daily contracting by requiring careful attention to agency-specific applicability, especially for contracts involving data rights and copyrights.
- Common pitfalls include misapplying DoD-specific rules to non-DoD contracts or vice versa, leading to compliance issues.