52.227-16 Additional Data Requirements
Source: FAR 52.227-16 on acquisition.gov
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.
As prescribed in 27.409(d), insert the following clause:
Additional Data Requirements (June 1987)
(a) In addition to the data (as defined in the clause at 52.227-14, Rights in Data-General clause or other equivalent included in this contract) specified elsewhere in this contract to be delivered, the Contracting Officer may, at any time during contract performance or within a period of 3 years after acceptance of all items to be delivered under this contract, order any data first produced or specifically used in the performance of this contract.
(b) The Rights in Data-General clause or other equivalent included in this contract is applicable to all data ordered under this Additional Data Requirements clause. Nothing contained in this clause shall require the Contractor to deliver any data the withholding of which is authorized by the Rights in Data-General or other equivalent clause of this contract, or data which are specifically identified in this contract as not subject to this clause.
(c) When data are to be delivered under this clause, the Contractor will be compensated for converting the data into the prescribed form, for reproduction, and for delivery.
(d) The Contracting Officer may release the Contractor from the requirements of this clause for specifically identified data items at any time during the 3-year period set forth in paragraph (a) of this clause.
(End of clause)