This series of FAR summaries is meant to take a meaningful portion of the Federal Acquisition Regulations to ensure an easy-to-understand approach to maintain that readers comprehend the process of doing business with the government and that the government exercises a fair and reasonable approach to doing business with the general public.
FAR 27.4 Rights In Data and Copyright
Data is either intellectual property or computer software (FAR 27.401). Contracts must show how both the government and contractor are to use and share either technical data and computer software provided by the other party for the agreed upon project (FAR 27.403).
Data from the result of a federal contract except for copyrighted information and restricted software belongs to the government to use as it pleases (FAR 27.404-1). Limited rights and software restrictions can be negotiated and are routinely shared spreadsheets without formulas and license restrictions for users in number or capability (FAR 27.404-2). Information is usually fair game if it is published or spoken of publicly otherwise permission must be obtained (FAR 27.404-3). Data can be inspected by the government for up to three (3) years after a project is finished (FAR 27.404-6).
I’ve heard stories that buys including intellectual property and computer software can get heated at the negotiation table or after the project begins. This is because one side takes ownership of proprietary information for granted. This goes for all contracting for either side, but know your rights. Your Contracting Officer can talk out the FAR with you. It is wise not to push the envelope and understand what you can and cannot do as well as what the government has access to.
If you think I can help you then email nicholas.s.robertson@outlook.com for your introductory email and free consultation.
RobertsonKX Business Blog 