27.401
Definitions
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.