Data
R&D contracts must clearly specify required technical data deliverables to ensure agencies can support future production and competition.
Overview
FAR 35.011 addresses the handling of technical data in research and development (R&D) contracts. It requires that R&D contracts explicitly specify which technical data must be delivered, as the standard data clauses in FAR Part 27 do not mandate delivery of any data by default. Additionally, when planning developmental programs that may lead to production contracts, agencies must consider the need for a comprehensive technical package (including plans, drawings, and specifications) to facilitate competition in future production. The section highlights that the developmental contractor may often be best suited to prepare this technical package, and planning should account for the time and requirements to obtain it.
Key Rules
- Specification of Technical Data in R&D Contracts
- R&D contracts must clearly state which technical data is to be delivered, as standard clauses do not require data delivery by default.
- Planning for Technical Packages in Developmental Programs
- Agencies should plan for the creation and delivery of a technical package to support competition in future production contracts, considering the developmental contractor's role and the time needed.
Responsibilities
- Contracting Officers: Must ensure R&D contracts specify required technical data deliverables and plan for technical packages in developmental programs.
- Contractors: Must deliver the specified technical data and, when required, prepare comprehensive technical packages.
- Agencies: Should assess and plan for data needs to support future competition and production.
Practical Implications
- This section ensures that agencies receive the necessary technical data to support future procurement and competition.
- Failure to specify data deliverables can hinder future production and limit competition.
- Early planning for technical packages can prevent delays and ensure a smoother transition from development to production.