Representation of Limited Rights Data and Restricted Computer Software
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.