27.405-4 Other existing data
Source: FAR 27.405-4 on acquisition.gov
Data rights clauses are generally not required for contracts involving only existing, unrestricted data or standard printed materials, unless reproduction rights are being acquired, which must be explicitly stated in the contract.
Overview
FAR 27.405-4 addresses when data rights clauses are not required in government contracts involving the acquisition of existing data. Specifically, it exempts contracts for books, periodicals, and other printed materials (in their exact form) and contracts requiring only existing data (excluding limited rights data) that is available without disclosure restrictions, unless reproduction rights are being acquired. If reproduction rights are needed, these rights must be explicitly stated in the contract. Additionally, contracts for online database services provided in their standard public form do not require the inclusion of data rights clauses from this subpart.
Key Rules
- Exemption for Printed Materials and Existing Data
- Contracts for books, periodicals, and similar items, or for existing data available without restrictions, do not require data rights clauses unless reproduction rights are sought.
- Requirement to Specify Reproduction Rights
- If reproduction rights are to be acquired, these must be clearly set forth in the contract.
- Online Database Services
- Contracts for online database services in their standard public form do not require data rights clauses from this subpart.
Responsibilities
- Contracting Officers: Must determine if data rights clauses are necessary and ensure reproduction rights are specified when required.
- Contractors: Should understand when data rights clauses apply and clarify reproduction rights in contracts.
- Agencies: Oversee compliance with data rights requirements and proper contract documentation.
Practical Implications
- This section clarifies when data rights clauses are unnecessary, reducing administrative burden for certain acquisitions.
- Contractors and contracting officers must be vigilant about specifying reproduction rights when needed.
- Common pitfalls include failing to specify reproduction rights or unnecessarily including data rights clauses in exempt contracts.
(a) Except for existing works pursuant to 27.405-2 or commercial computer software pursuant to 27.405-3, no clause contained in this subpart is required to be included in-
(1) Contracts solely for the acquisition of books, periodicals, and other printed items in the exact form in which these items are to be obtained unless reproduction rights are to be acquired; or
(2) Other contracts that require only existing data (other than limited rights data) to be delivered and the data are available without disclosure prohibitions, unless reproduction rights to the data are to be obtained.
(b) If the reproduction rights to the data are to be obtained in any contract of the type described in paragraph (b)(1) (i) or (ii) of this section, the rights shall be specifically set forth in the contract. No clause contained in this subpart is required to be included in contracts substantially for on-line data base services in the same form as they are normally available to the general public.