27.403
Data rights-General
Every contract involving data must clearly define the rights and obligations of both the Government and contractor regarding that data, and specify exactly what data is to be delivered.
Overview
FAR 27.403 establishes the general requirements for data rights in government contracts. It mandates that any contract involving the production, furnishing, acquisition, or use of data must include terms that clearly define the rights and obligations of both the Government and the contractor regarding the use, reproduction, and disclosure of that data. Importantly, data rights clauses do not dictate what data must be delivered or its quality or quantity; they only address the respective rights over the data. The contract itself must specify exactly what data is to be delivered to the Government.
Key Rules
- Inclusion of Data Rights Terms
- Contracts requiring data must include clauses outlining Government and contractor rights and obligations for data use, reproduction, and disclosure.
- Scope of Data Rights Clauses
- Data rights clauses do not determine the type, amount, or quality of data to be delivered—only the rights over the data.
- Specification of Deliverables
- The contract must explicitly state what data is to be delivered.
Responsibilities
- Contracting Officers: Ensure contracts include appropriate data rights clauses and specify required data deliverables.
- Contractors: Understand and comply with the data rights terms and deliver the specified data as required by the contract.
- Agencies: Oversee compliance with data rights requirements and ensure proper contract documentation.
Practical Implications
- This section ensures clarity and prevents disputes over data ownership and usage between the Government and contractors.
- Contractors must pay close attention to both the data rights clauses and the contract's data deliverables section.
- Common pitfalls include failing to specify deliverables or misunderstanding the scope of rights granted or retained.