27.401 Definitions
Source: FAR 27.401 on acquisition.gov
Understanding and correctly applying these definitions is crucial for protecting proprietary data and ensuring compliance with government data rights requirements.
Overview
FAR 27.401 provides key definitions used throughout Subpart 27.4, which governs rights in data and copyrights in government contracts. Understanding these definitions is essential for both contractors and contracting officers, as they clarify the types of data and software covered, the scope of government rights, and the distinctions between different rights and data categories. The section defines terms such as "data," "form, fit, and function data," "limited rights," "restricted computer software," and "unlimited rights," among others. These definitions establish the foundation for determining ownership, use, and disclosure rights for data and software developed or delivered under federal contracts.
Key Rules
- Data
- Encompasses all recorded information, including technical data and computer software, but excludes administrative or management information.
- Form, Fit, and Function Data
- Specifies data necessary for interchangeability and identification, excluding software source code and algorithms.
- Limited and Restricted Rights
- Defines the scope of government rights in data and software developed at private expense, including when such rights apply.
- Unlimited Rights
- Grants the government broad rights to use and disclose data or software for any purpose.
Responsibilities
- Contracting Officers: Must apply these definitions when drafting, negotiating, and enforcing data rights clauses.
- Contractors: Must understand and correctly categorize deliverables according to these definitions to protect proprietary information and comply with contract terms.
- Agencies: Ensure consistent application and interpretation of these definitions across contracts.
Practical Implications
- This section exists to prevent misunderstandings about what data and rights are covered in contracts.
- Accurate use of these definitions is critical for negotiating data rights, protecting intellectual property, and ensuring compliance.
- Misclassification or misunderstanding can lead to disputes, loss of proprietary rights, or noncompliance with contract requirements.
As used in this subpart-
Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.
Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements, but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.
Limited rights means the rights of the Government in limited rights data as set forth in a Limited Rights Notice.
Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications. (Agencies may, however, adopt the following alternate definition: Limited rights data means data (other than computer software) developed at private expense that embody trade secrets or are commercial or financial and confidential or privileged (see 27.404-2(b)).
Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.
Restricted rights means the rights of the Government in restricted computer software as set forth in a Restricted Rights Notice.
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.