[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR27.402]

[Page 513]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 27--PATENTS, DATA, AND COPYRIGHTS--Table of Contents
 
               Subpart 27.4--Rights in Data and Copyrights
 
Sec. 27.402  Policy.

    (a) It is necessary for the departments and agencies, in order to 
carry out their missions and programs, to acquire or obtain access to 
many kinds of data produced during or used in the performance of their 
contracts. Agencies require such data to: obtain competition among 
suppliers; fulfill certain responsibilities for disseminating and 
publishing the results of their activities; ensure appropriate 
utilization of the results of research, development, and demonstration 
activities including the dissemination of technical information to 
foster subsequent technological developments; and meet other 
programmatic and statutory requirements. Further, for defense purposes, 
such data are also required by agencies to meet specialized acquisition 
needs and ensure logistics support.
    (b) At the same time, the Government recognizes that its contractors 
may have a legitimate proprietary interest (e.g., a property right or 
other valid economic interest) in data resulting from private 
investment. Protection of such data from unauthorized use and disclosure 
is necessary in order to prevent the compromise of such property right 
or economic interest, avoid jeopardizing the contractor's commercial 
position, and preclude impairment of the Government's ability to obtain 
access to or use of such data. The protection of such data by the 
Government is also necessary to encourage qualified contractors to 
participate in Government programs and apply innovative concepts to such 
programs. In light of the above considerations, in applying these 
policies, agencies shall strike a balance between the Government's need 
and the contractor's legitimate proprietary interest.