Acquisition of data
FAR 27.406 ensures the government acquires only the data and rights necessary for its needs, balancing cost, program requirements, and contractor proprietary interests.
Overview
FAR 27.406 addresses the procedures and requirements for the acquisition of data in government contracts, particularly focusing on ensuring that the government obtains the necessary rights to use, reproduce, and disclose data produced or delivered under a contract. This section outlines general principles, additional data requirements, and considerations specific to major system acquisitions. The regulation aims to balance the government's need for data with the contractor's proprietary interests, ensuring that only essential data is acquired and that rights are clearly defined in the contract. Contracting officers must carefully assess data needs, avoid unnecessary acquisition of data, and include appropriate clauses to secure required rights.
Key Rules
- General Principles (27.406-1)
- Contracting officers must acquire only the data and rights necessary for government purposes, avoiding excessive or unnecessary data acquisition.
- Additional Data Requirements (27.406-2)
- If additional data is needed after contract award, specific procedures must be followed to request and negotiate for such data, including consideration of cost and rights.
- Major System Acquisition (27.406-3)
- Special attention is required for data acquisition in major system procurements, ensuring that the government secures sufficient rights to operate, maintain, and support the system throughout its lifecycle.
Responsibilities
- Contracting Officers: Determine data needs, include appropriate clauses, and follow procedures for additional data requests.
- Contractors: Provide required data, negotiate rights, and protect proprietary information as allowed.
- Agencies: Oversee compliance and ensure data rights align with program needs.
Practical Implications
- Ensures the government acquires only necessary data, reducing costs and protecting contractor IP.
- Impacts contract drafting, negotiation, and administration, especially for complex or major system contracts.
- Common issues include over-requesting data, unclear rights, and disputes over proprietary information.