Better Buying Power Understanding and Leveraging Better Buying Power Data Rights in DoD Acquisitions

Understanding and Leveraging

Data Rights in DoD Acquisitions

Statement A.

Approved for public release; distrubution is unlimited.

Data Rights 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, -7018

• Better Buying Power 2.0

A Guide to Help You Think

Additional Guidance

• 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 Goverment’s Rights in 

 Technical Data and Computer Software Under 

 Deartment of Defense Contracts, Air Force Space 

 and Missile Systems Center

Please visit

https://acc.dau.mil/oa

for additional information and resources

Department of Defense Open Systems Architecture

Data Rights Team Department of Defense Open Systems ArchitectureData Rights Team 

Understanding and Leveraging

Data Rights in DoD Acquisitions

Understanding and Leveraging

Data Rights in DoD Acquisitions

Understanding and Leveraging Open Systems 

Architecture in DoD Acquisitions to Increase 

Competition

Effective Competition requires use of Competitive Strategies 

and an Open Business Model.

•

Open Business Model (OBM) = Use of Open Systems 

Architectures (OSA) and an

Intellectual Property Strategy (IPS) 

Open Systems Architectures (OSA)

Who?

– Program Managers and other Acquisition Corps 

 professionals.

What?

– Plan for and leverage the use of Open Systems 

 Architectures (OSA) and Open Business Model to 

 increase access to innovation and reduce cost 

 through competition.

Why?

– Use of OSA standards and approaches allows for 

 multiple vendors to propose innovative and affordable 

 design solutions that will meet performance and 

 interface requirements. The multiplicity of solution 

 alternatives creates opportunity for competition for the 

 system components without being locked into a single 

 vendor’s proprietary design or technology. This sole 

 source situations or costly acquisition of license rights 

 to use proprietary solutions. This also facilitates fluid 

 integration of new capability to meet warfighter 

 demands.

When?

– OSA can be used anytime in the product life cycle. 

 Maximum benefit is obtained if OSA is used from the 

 beginning of system development, but later life cycle 

 activities such as engineering changes, product 

 improvements or modernization efforts can also be 

 opportunities to bring in or enhance the use of OSA.

Where?

– OSA should be an integral part of the Acquisition 

 Strategy development and the Systems Engineering 

 process, both for initial product development and for 

 later product improvements.

Intellectual Property Strategy (IPS)

The IPS addresses all of a program’s Intellectual 

Property (IP) requirements (focusing on technical data 

and software and associated data rights) throughout the 

life cycle of the system.

Prepared by the

Department of Defense

Open Systems Architecture –

Data Rights Team 

June 2013
 

Better Buying Power Understanding and Leveraging

Data Rights in DoD Acquisitions Better Buying Power Understanding and Leveraging Better Buying Power Data Rights in DoD Acquisitions

Understanding and Leveraging

Data Rights in DoD Acquisitions

Department of Defense Open Systems Architecture

Data Rights Team Department of Defense Open Systems Architecture

Data Rights Team Department of Defense Open Systems Architecture

Data Rights Team 

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 Government interests. Consider a priced option for contingency-based data delivery or data rights 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, 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 Rights” → Rights in Technical Data (TD)

and Computer Software (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, computer 

 databases, 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

 A Program Manager must ensure that all TD and CS

and related 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.

• Consider a priced option for any data deliverables 

 or data rights that you may need in the future, but 

 do not order up front.

Identify and Resolve Data and Data Rights 

Issues Prior to Contract Award

 Identify and resolve data delivery or data rights issues 

prior to contract award, by:

• Requiring Offerors to assert all restrictions on 

 deliverable TD and CS–both commercial and 

 noncommercial–up front, in their proposals;

• Evaluating the data and data rights packages 

 being offered;

• Negotiating for mutually agreeable specialized 

 license rights whenever the standard license 

 categories do not meet both parties’ needs.