27.405
Other data rights provisions
FAR 27.405 ensures that contracts address special data rights situations—like special works, existing works, and commercial software—by requiring tailored provisions beyond standard clauses.
Overview
FAR 27.405 addresses additional data rights provisions that may apply in government contracts, supplementing the standard data rights clauses. This section references specific scenarios such as special works, existing works, commercial computer software, and other existing data, each of which may require tailored contract clauses or considerations beyond the standard rights in data. The purpose is to ensure that both the government and contractors understand when and how special data rights provisions apply, particularly in cases involving unique or pre-existing intellectual property or commercial software.
Key Rules
- Special Works (27.405-1)
- Contracts for special works may require unique data rights clauses to address government ownership or use of specially commissioned works.
- Existing Works (27.405-2)
- When acquiring existing works, the contract must address the rights the government will obtain, which may differ from standard data rights.
- Commercial Computer Software (27.405-3)
- Acquisition of commercial computer software is subject to specific licensing and rights provisions, often more restrictive than for non-commercial software.
- Other Existing Data (27.405-4)
- Contracts involving other types of existing data require careful consideration of the rights granted to the government.
Responsibilities
- Contracting Officers: Must identify when special data rights provisions are needed and ensure appropriate clauses are included in the contract.
- Contractors: Must disclose any pre-existing data or software and negotiate rights accordingly.
- Agencies: Must oversee compliance with data rights provisions and ensure proper use of acquired data.
Practical Implications
- This section exists to address situations where standard data rights clauses are insufficient, such as with special works or commercial software.
- It impacts daily contracting by requiring careful review of intellectual property and data rights in non-standard situations.
- Common pitfalls include failing to properly negotiate or document rights in existing works or commercial software, leading to disputes or compliance issues.