Better Buying Power

“Data Rights” → Government License Rights 

in TD and CS

“Data Rights” is a shorthand way to refer to the Government’s 

license rights in two major categories of valuable intellectual 

property:

• Technical Data (TD) includes any recorded information 

of a scientific or technical nature (e.g., product design or 

maintenance data, and computer software documentation 

(CSD)).

• Computer software (CS) includes executable code, source 

code, code listings, design details, processes, flow charts, 

and related material.

Anticipating the Need for Data and 

Data Rights

An Intellectual Property Strategy should help a Program 

Manager to ensure that all TD, CS, and associated license 

rights required for procurement and sustainment of a system 

are available throughout the system’s life cycle.

• Sustainment activities include reprocurement, 

maintenance, repair, modifications or interfacing/ 

interoperability activities, and upgrades or technology 

insertion.

• A priced option may be used to address uncertainty 

regarding data deliverables or data rights that may be 

needed in the future but that are not ordered up front.

• The deferred delivery clause (DFARS 252.227-7026) 

and necessary CDRLs are used to delay delivery, when 

the specific data requirements are known, until the 

Government determines when the data deliverables 

should be provided.

• The deferred ordering clause (DFARS 252.227-7027) is used 

to delay the ordering of data generated in the performance 

of a contract until the Government determines what and 

when additional data is needed.

• The Data Accession List (DAL) is a useful tool to facilitate 

deferred ordering.

Data Delivery and Data Rights Issues

Data deliverables and data rights issues may be identified and 

resolved by:

• Requiring Offerors to assert all restrictions on deliverable 

TD and CS–both commercial and noncommercial–up front, 

in their proposals,

• Evaluating the data deliverables and data rights being 

offered, and

• Negotiating for mutually agreeable special license rights 

where standard license categories do not meet both 

parties’ needs.

Data Rights Granted to the Government

The Government’s license rights to a contractor’s TD 

and CS generally depend upon the extent to which the 

Government funded the development of the technology, 

whether the technology is commercial or noncommercial, 

and any negotiations for mutually agreeable “special” license 

agreements. 

Some types of data qualify for Unlimited Rights regardless of 

development funding source, such as “form, fit, and function 

data” (FFF), and data necessary for operation, maintenance, 

installation, and training (OMIT) purposes (excluding detailed 

manufacturing and process data).

Data Delivery Requirements

The DFARS clauses do not require delivery of TD or CS–the 

Government must include specific delivery requirements in 

each contract. Mere access may not protect the Government’s 

interests. Consider a priced option when needs for data 

delivery or data rights are uncertain.

Please visit https://acc.dau.mil/osa for additional information.

Understanding and Leveraging 

Data Rights in DoD Acquisitions
Data Rights and Intellectual Property Strategy Resources

Laws, Regulations, and Policies

• Title 10, U.S. Code, Sections 2320 and 2321

• Defense Federal Acquisition Regulation Supplement (DFARS):

- 227.71 (Rights in Technical Data)

- 227.72 (Rights in Computer Software and Computer Software Documentation)

- 252.227-7013, -7014, -7015, -7017, -7018, -7019, -7026, -7027, -7029, -7030, and -7037

• Better Buying Power

Additional Guidance

• https://acc.dau.mil/osa

• Army Guide for the Preparation of a Program Product Data Management Strategy (Under Revision)

• DoD Open Systems Architecture Contract Guidebook for Program Managers

• Acquiring and Enforcing the Government’s Rights in Technical Data and Computer Software Under Department of 

Defense Contracts, Air Force Space and Missile Systems Center

Rights Category Applies to These 

Types of TD or CS Rights Criteria

Permitted Uses 

Within the 

Government

Permitted Uses by 

Third Parties Outside 

the Government1

Unlimited Rights (UR) Noncommercial TD and CS Developed exclusively at 

Government expense, and 

certain types of data (e.g., 

FFF, OMIT, CSD)

All uses; no restrictions

Government Purpose 

Rights (GPR)

Noncommercial TD and CS Developed with mixed 

funding

All uses; no restrictions For “Government Purposes” 

only; no commercial use1

Limited Rights (LR) Noncommercial TD only Developed exclusively at 

private expense

Unlimited; except may not 

be used for manufacture

Emergency repair or overhaul1,2

Restricted Rights (RR) Noncommercial CS only Developed exclusively at 

private expense

Only one computer at a 

time; minimum backup 

copies; modification3

Emergency repair/overhaul; 

certain service/maintenance 

contracts1,2

Specifically Negotiated 

License Rights

Any/all TD and CS–

including commercial TD 

and CS

Mutual agreement of the 

parties; use whenever the 

standard categories do not 

meet both parties’ needs

As negotiated by the parties; however, must not be less 

than LR in noncommercial TD and must not be less that RR 

in noncommercial CS (consult with legal counsel as other 

limits apply)

SBIR Data Rights Noncommercial TD and CS All TD or CS generated under 

an SBIR contract

The equivalent of Unlimited Rights (UR) in OMIT and FFF 

data; the equivalent of Limited Rights (LR) in all other 

delivered TD; the equivalent of Restricted Rights (RR) in CS

Commercial TD License 

Rights

Commercial TD only TD related to commercial 

items (developed exclusively 

at private expense)4

The equivalent of Unlimited Rights (UR) in OMIT and FFF 

data; the equivalent of Limited Rights (LR) in all other 

delivered TD

Commercial CS Licenses Commercial CS only Any commercial CS or CS 

documentation

As specified in the commercial license customarily offered 

to the public5

1 All third party use under Government’s license is subject to Government authorization. For rights categories other than UR, releases or disclosures to third parties 

must be accompanied by either the Non-Disclosure Agreement (NDA) from DFARS 227.7103-7 or must occur under a contract containing DFARS 252,227-7025. A 

notice requirement also applies to releases of LR data and RR software.

2 In addition to footnote 1 NDA and notice requirements, all authorized Covered Government Support Contractors with access to LR data or RR software must sign 

an NDA directly with the owner of the data/software, if required by the owner.

3 See DFARS 252.227-7014(a) for more information.

4 Commercial items are presumed to have been developed exclusively at private expense, except in the case of major systems [see DFARS 227.7103-13(c)(2) and 

252.227-7037(b)]. However, when the Government has paid for any portion of development, then the noncommercial TD clause (252.227-7013) is used for TD 

pertaining to those portions, and the commercial TD clause (-7015) is used for TD relating to the portions developed exclusively at private expense [227.7103-6(a)].

5 Such licenses must be consistent with Federal procurement law and satisfy user needs.

Prepared by the Department of Defense Open Systems Architecture—Data Rights Team October 2014 

Statement A : Approved for public release; distribution is unlimited.