52.227-22 Major System-Minimum Rights
Source: FAR 52.227-22 on acquisition.gov
The Government always retains unlimited rights in technical data (excluding software) developed for major systems when delivery is required by the contract, regardless of other contract terms.
Overview
FAR 52.227-22, Major System-Minimum Rights, establishes that the Government obtains unlimited rights in technical data (excluding computer software) developed under a contract for a major system or its supplies, provided that delivery of such data is a required contract element. This clause ensures that, regardless of other contract provisions, the Government retains broad rights to use, reproduce, and disclose this technical data. These rights are cumulative and do not replace any other rights the Government may have under the contract.
Key Rules
- Unlimited Rights in Technical Data
- The Government receives unlimited rights in technical data (excluding computer software) developed during contract performance and related to a major system or its supplies, if delivery is required by the contract.
- Rights Are Cumulative
- The rights granted under this clause are in addition to, not a replacement for, any other rights the Government has under the contract.
Responsibilities
- Contracting Officers: Must include this clause in applicable contracts and ensure technical data delivery requirements are clear.
- Contractors: Must deliver required technical data and recognize the Government’s unlimited rights in such data.
- Agencies: Must enforce and monitor compliance with technical data rights provisions.
Practical Implications
- This clause protects the Government’s ability to use and share technical data from major system procurements, supporting competition and sustainment.
- Contractors must be aware that technical data delivered under these terms cannot be restricted from Government use.
- Common pitfalls include misunderstanding the scope of “unlimited rights” or failing to deliver all required technical data.
As prescribed in 27.409(k), insert the following clause:
Major System-Minimum Rights (June 1987)
Notwithstanding any other provision of this contract, the Government shall have unlimited rights in any technical data, other than computer software, developed in the performance of this contract and relating to a major system or supplies for a major system procured or to be procured by the Government, to the extent that delivery of such technical data is required as an element of performance under this contract. The rights of the Government under this clause are in addition to and not in lieu of its rights under the other provisions of this contract.
(End of clause)