52.227-15 Representation of Limited Rights Data and Restricted Computer Software
Source: FAR 52.227-15 on acquisition.gov
Offerors must clearly identify any limited rights data or restricted computer software proposed for delivery, ensuring transparency and proper rights management in government contracts.
Overview
FAR 52.227-15 requires offerors to formally represent whether any data or computer software they propose to deliver under a government contract qualifies as limited rights data or restricted computer software. This provision ensures the government is aware of any restrictions on the use, release, or disclosure of such data before contract award. Offerors must review the solicitation's data delivery requirements and indicate, by checking the appropriate box, whether any deliverables are subject to limited or restricted rights. If so, they must specifically identify the affected data or software. This representation does not, by itself, determine the final rights status, which will be resolved during contract administration if necessary. The provision references related clauses (52.227-14 and 52.227-16) that govern data rights and additional data requirements.
Key Rules
- Representation Requirement
- Offerors must declare whether any deliverables qualify as limited rights data or restricted computer software and identify them if applicable.
- Reference to Related Clauses
- The provision works in conjunction with 52.227-14 (Rights in Data—General) and 52.227-16 (Additional Data Requirements), which set the broader framework for data rights and delivery.
- Non-Determinative Identification
- The offeror’s identification of limited/restricted data is not final; the government will make the ultimate determination if a contract is awarded.
Responsibilities
- Contracting Officers: Must include this provision in solicitations when required and ensure offerors complete the representation.
- Contractors/Offerors: Must review data/software requirements, make the required representation, and identify any limited/restricted items.
- Agencies: Oversee compliance and resolve any disputes regarding data rights status post-award.
Practical Implications
- This provision protects both government and contractor interests by clarifying data rights up front.
- Failure to properly identify limited/restricted data can lead to disputes or loss of rights.
- Contractors should carefully review their deliverables and mark any proprietary data appropriately to avoid inadvertent disclosure or loss of protection.
As prescribed in 27.409(c), insert the following provision:
Representation of Limited Rights Data and Restricted Computer Software (Dec 2007)
(a) This solicitation sets forth the Government’s known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data-General). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data-General clause at 52.227-14 included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor’s facility.
(b) By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [offeror check appropriate block]-
□ None of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software; or
□ Data proposed for fulfilling the data delivery requirements qualify as limited rights data or restricted computer software and are identified as follows:
_____________
_____________
_____________
(c) Any identification of limited rights data or restricted computer software in the offeror’s response is not determinative of the status of the data should a contract be awarded to the offeror.
(End of provision)