[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: 48CFR27.409]

[Page 526-529]
 
            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. 27.409  Solicitation provisions and contract clauses.

    (a)(1) The contracting officer shall insert the clause at 52.227-14, 
Rights in Data--General, including its use with

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Alternate I through Alternate V as may be required or authorized in 
accordance with paragraphs (b) through (f) of this section, in 
solicitations and contracts if it is contemplated that data will be 
produced, furnished, or acquired under the contract, unless the contract 
is--
    (i) For the production of special works of the type set forth in 
27.405(a), but the clause at 52.227-14, Rights in Data-- General, shall 
be included in the contract and made applicable to data other than 
special works, as appropriate;
    (ii) For the acquisition of existing data works, as described in 
27.405(b);
    (iii) To be performed outside the United States, its possessions, 
and Puerto Rico, in which case agencies may prescribe different clauses 
(see paragraph (n) of this section);
    (iv) For architect-engineer services or construction work, in which 
case agencies may utilize the clause at 52.227-17, Rights in Data--
Special Works, or may prescribe different clauses;
    (v) A Small Business Innovation Research contract (see paragraph (l) 
of this section);
    (vi) For the management, operation, design, or construction of a 
Government-owned facility to perform research, development, or 
production work, in which case agencies may prescribe different clauses 
(see paragraph (p) of this section); or
    (vii) A contract involving cosponsored research and development in 
which a clause providing for less than unlimited right has been 
authorized. (See 27.408).
    (2) Subparagraph (e)(3) of the clause at 52.227-14, Rights in Data--
General, may be deleted or reserved by an agency not subject to Title 
III of the Federal Property and Administrative Services Act.
    (b) If an agency determines, in accordance with 27.404(c), to adopt 
the alternate definition of Limited Rights Data in paragraph (a) of the 
clause, the clause shall be used with its Alternate I.
    (c) In accordance with 27.404(d), if a contracting officer 
determines it is necessary to obtain the delivery of limited rights 
data, the clause shall be used with its Alternate II. The contracting 
officer shall, when Alternate II is used, assure that the purposes, if 
any, for which limited rights data are to be disclosed outside the 
Government are included in the Limited Rights Notice of subparagraph 
(g)(2) of the clause.
    (d) In accordance with 27.404(e), if a contracting officer 
determines it is necessary to obtain the delivery of restricted computer 
software, the clause shall be used with its Alternate III. Any greater 
or lesser rights regarding the use, duplication, or disclosure of 
restricted computer software than those set forth in the Restricted 
Rights Notice of subparagraph (g)(3) of the clause must be specified in 
the contract and the notice modified accordingly.
    (e) The clause shall be used with its Alternate IV in contracts for 
basic or applied research (other than those for the management or 
operation of Government facilities or where international agreements 
require otherwise), to be performed solely by universities and colleges. 
The clause may be used with its Alternate IV in other contracts if in 
accordance with 27.404(f)(1) an agency determines to grant blanket 
permission for the contractor to establish claim to copyright subsisting 
in all data first produced without further request being made by the 
contractor. When Alternate IV is used, the contract may exclude items or 
categories of data from the blanket permission granted, either by 
express provisions in the contract or by the addition of a subparagraph 
(d)(3) to the clause (see 27.404(g)(2)).
    (f) In accordance with 27.404(i), if a contracting officer needs to 
have the right to inspect certain data at a contractor's facility or if 
by an agency, generally the clause shall be used with its Alternate V.
    (g) In accordance with 27.404(d)(2), if the contracting officer 
desires to have an offeror state in response to a solicitation, to the 
extent feasible, whether limited rights data or restricted computer 
software are likely to be used in meeting the data delivery requirements 
set forth in the solicitation, the contracting officer shall insert the 
provision at 52.227-15, Representation of Limited Rights Data and 
Restricted Computer Software, in any solicitation containing the clause 
at 52.227-14,

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Rights in Data--General. The contractor's response will provide an aid 
in determining whether the clause should be used with Alternate II and/
or Alternate III.
    (h) The contracting officer shall normally insert the clause at 
52.227-16, Additional Data Requirements, in solicitations and contracts 
involving experimental, developmental, research, or demonstration work 
(other than basic or applied research to be performed solely by a 
university or college where the contract amount will be $500,000 or 
less) unless all the requirements for data are believed to be known at 
the time of contracting and specified in the contract. (See 27.406(b).) 
This clause may also be used in other contracts when considered 
appropriate.
    (i) In accordance with 27.405(a), the contracting officer shall 
insert the clause at 52.227-17, Rights in Data--Special Works, in 
solicitations and contracts primarily for the production or compilation 
of data (other than limited rights data or restricted computer software) 
for the Government's internal use, or when there is a specific need to 
limit distribution and use of the data and/or to obtain indemnity for 
liabilities that may arise out of the content, performance, or 
disclosure of the data. Examples of such contracts are set forth in 
27.405(a). The contract may specify the purposes and conditions 
(including time limitations) under which the data may be used, released 
or reproduced by the contractor for other than contract performance. 
Contracts for the production of audiovisual works, sound recordings, 
etc. may include limitations in connection with talent releases, music 
licenses, and the like that are consistent with the purposes for which 
the data is acquired.
    (j) The contracting officer shall insert the clause at 52.227-18, 
Rights in Data--Existing Works, in solicitations and contracts 
exclusively for the acquisition, without modification, of existing 
audiovisual and similar works of the type set forth in 27.405(b)(1). The 
contract may set forth limitations consistent with the purposes for 
which the work is being acquired. The clause at 52.227-17, Rights in 
Data--Special Works, shall be used if existing works are to be modified, 
as by editing, translation, addition of subject matter, etc.
    (k) In accordance with 27.405(b)(2), when contracting (other than 
from GSA's Multiple Award Schedule contracts) for the acquisition of 
existing computer software, the clause at 52.227-19, Commercial Computer 
Software-Restricted Rights, may be used in the solicitation and 
contract. In any event, the contracting officer shall assure that the 
contract contains terms to obtain sufficient rights for the Government 
to fulfill the need for which the software is being acquired and is 
otherwise consistent with 27.405(b)(2).
    (l) If the contract is a Small Business Innovation Research (SBIR) 
contract, the clause at 52.227-20, Rights in Data--SBIR Program shall be 
used in all Phase I and Phase II contracts awarded under the Small 
Business Innovation Research Program established pursuant to Pub. L. 97-
219 (The Small Business Innovation Development Act of 1982).
    (m) While no specific clause of this subpart is required to be 
included in contracts solely for the acquisition, without disclosure 
prohibitions, of books, publications and similar items in the exact form 
in which such items exist prior to the request for purchase (i.e., the 
off-the-shelf purchase of such items), or in other contracts (e.g., 
contracts resulting from sealed bidding) where only existing data 
available without disclosure prohibitions is to be furnished, if 
reproduction rights are to be acquired the contract shall include terms 
addressing such rights. (See 27.405(b)(3).)
    (n) Agencies may prescribe in their procedures, as appropriate, a 
clause consistent with the policy of 27.402 in contracts to be performed 
outside the United States, its possessions, and Puerto Rico.
    (o) Agencies may prescribe in their procedures the clause at 52.227-
17, Rights in Data--Special Works, or prescribe, as appropriate, clauses 
consistent with the policy in 27.402 in contracts for architect-engineer 
services and construction work.
    (p) Agencies may prescribe in their procedures, as appropriate, a 
clause consistent with the policy of 27.402 in contracts for management, 
operation,

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design, or construction of Government-owned research, development, or 
production facilities, and in contracts and subcontracts in support of 
programs being conducted at such facilities.
    (q) In accordance with 27.406(d), the contracting officer shall 
insert the clause at 52.227-21, Technical Data Declaration, Revision, 
and Withholding of Payment--Major Systems, in contracts for major 
systems acquisitions or for support of major systems acquisitions. When 
used, this clause requires that the technical data to which it applies 
be specified in the contract. (See 27.406(d).)
    (r) In the case of civilian agencies except NASA and the U.S. Coast 
Guard, the contracting officer shall insert the clause at 52.227-22, 
Major System--Minimum Rights, in contracts for major systems or 
contracts in support of major systems.
    (s) In accordance with 27.407, if a contracting officer desires to 
acquire unlimited rights in technical data contained in a successful 
proposal upon which a contract award is based, the contracting officer 
shall insert the clause at 52.227-23, Rights to Proposed Data 
(Technical). Rights to technical data in a proposal are not acquired by 
mere incorporation by reference of the proposal in the contract, and if 
a proposal is incorporated by reference, 27.404 must be followed to 
assure that such rights are appropriately addressed.

[52 FR 18140, May 13, 1987, as amended at 55 FR 38517, Sept. 18, 1990; 
62 FR 236, Jan. 2, 1997; 64 FR 10532, Mar. 4, 1999]

Subpart 27.5 [Reserved]