Additional data requirements
FAR 27.406-2 ensures that contracts for experimental, developmental, or research work can flexibly address unforeseen data needs by allowing additional data to be ordered post-award under specific conditions.
Overview
FAR 27.406-2 addresses situations where not all data requirements can be determined at contract award, particularly in experimental, developmental, research, or demonstration contracts. It prescribes the use of the clause at 52.227-16, Additional Data Requirements, to allow contracting officers to order additional data as needs arise during or after contract performance. The clause is generally required unless all data needs are known upfront, with exceptions for certain university or college research contracts under $500,000. The regulation also outlines the timeframe for ordering data (during performance or up to three years after acceptance), compensation for data preparation and delivery, and the possibility for contractors to be relieved of data retention requirements. It further clarifies that data ordered under this clause is subject to the Government’s rights in data clauses and provides guidance on ordering computer software, emphasizing that software should not be ordered solely for public dissemination unless justified by agency programs.
Key Rules
- Use of Additional Data Requirements Clause
- The clause at 52.227-16 should be included in contracts where all data requirements cannot be determined at award, especially for experimental, developmental, research, or demonstration work.
- Exceptions for University/College Research
- The clause is not required for basic or applied research contracts solely with universities or colleges under $500,000, unless future work may exceed this threshold.
- Ordering and Compensation
- Additional data can be ordered during contract performance or within three years after acceptance, with contractors compensated for preparation and delivery.
- Retention and Delivery Flexibility
- Contracting officers may relieve contractors of data retention requirements and may allow contractors to specify data not to be ordered if unnecessary.
- Rights in Data
- Data ordered is subject to the contract’s rights in data clause (e.g., 52.227-14), and data authorized to be withheld is generally not required unless specified.
- Computer Software Restrictions
- Agencies should not order software solely for public dissemination unless part of an established program, and should consider contractor interests in marketing software when ordering source code or related materials.
Responsibilities
- Contracting Officers: Must determine when to include the clause, manage data ordering and retention, ensure proper compensation, and respect contractor rights regarding software.
- Contractors: Must deliver additional data as ordered, maintain data as required, and may request relief from retention or delivery of unnecessary data.
- Agencies: Should avoid ordering software for public dissemination without justification and oversee compliance with data rights clauses.
Practical Implications
- This section ensures flexibility in acquiring data that may not be foreseeable at contract award, protecting both government and contractor interests. It impacts contract drafting, data management, and post-award administration, with common pitfalls including failure to include the clause when required or misunderstanding compensation and retention obligations.