52.227-16
Additional Data Requirements
Contractors must be prepared to deliver any data first produced or specifically used in contract performance, upon request, for up to three years after contract completion, unless exempted by the contract's data rights clauses.
Overview
FAR 52.227-16, Additional Data Requirements, allows the government to order additional data first produced or specifically used in the performance of a contract, beyond what is already specified for delivery. This authority extends during contract performance and up to three years after acceptance of all deliverables. The clause ensures that the government can access necessary data for contract administration, oversight, or future use, while also protecting contractors from having to deliver data that is exempt under the Rights in Data-General clause or otherwise excluded in the contract.
Key Rules
- Government's Right to Order Data
- The Contracting Officer may order any data first produced or specifically used in contract performance at any time during the contract or within three years after final acceptance.
- Applicability of Rights in Data-General Clause
- All data ordered under this clause are subject to the Rights in Data-General or equivalent clause, which may limit or exempt certain data from delivery.
- Compensation for Data Preparation
- Contractors are entitled to compensation for converting, reproducing, and delivering data in the required form.
- Release from Data Delivery Requirements
- The Contracting Officer may release the contractor from delivering specific data items at any time within the three-year period.
Responsibilities
- Contracting Officers: May order additional data, must apply the Rights in Data-General clause, and can release contractors from delivery requirements.
- Contractors: Must deliver ordered data unless exempt, ensure data is in the prescribed form, and may claim compensation for preparation and delivery.
- Agencies: Must ensure proper application of data rights and manage data requests within the specified timeframe.
Practical Implications
- This clause ensures the government can obtain all necessary data related to contract performance, even if not initially specified.
- Contractors should maintain records of all data produced or used and be prepared for potential data requests up to three years post-acceptance.
- Common pitfalls include misunderstanding which data are exempt or failing to claim compensation for data preparation and delivery.