27.406-2 Additional data requirements.

(a) In some contracting situations, such as experimental, developmental, research, or demonstration

contracts, it may not be feasible to ascertain all the data requirements at contract award. The clause

at 52.227-16, Additional Data Requirements, may be used to enable the subsequent ordering by the

contracting officer of additional data first produced or specifically used in the performance of these

contracts as the actual requirements become known. The clause shall normally be used in

solicitations and contracts involving experimental, developmental, research or demonstration work

(other than basic or applied research to be performed under a contract solely by a university or

college when 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. If the contract is for

basic or applied research to be performed by a university or college, and the contracting officer

believes the contract effort will in the future exceed $500,000, even though the initial award does

not, the contracting officer may include the clause in the initial award.

(b) Data may be ordered under the clause at 52.227-16 at any time during contract performance or

within a period of 3 years after acceptance of all items to be delivered under the contract. The

contractor is to be compensated for converting the data into the prescribed form, for reproduction,

and for delivery. In order to minimize storage costs for the retention of data, the contracting officer

may relieve the contractor of the retention requirements for specified data items at any time during

the retention period required by the clause. The contracting officer may permit the contractor to

identify and specify in the contract data not to be ordered for delivery under the clause if the data is

not necessary to meet the Government’s requirements for data. Also, the contracting officer may

alter the clause by deleting the term "or specifically used" in paragraph (a) of the clause if delivery

of the data is not necessary to meet the Government’s requirements for data. Any data ordered

under this clause will be subject to the clause at 52.227-14, Rights in Data-General, (or other

equivalent clause setting forth the respective rights of the Government and the contractor) in the

contract. Data authorized to be withheld under such clause will not be required to be delivered

under the clause at 52.227-16, except as provided in Alternate II or Alternate III, if included (see

27.404-2(c) and (d)).

(c) Absent an established program for dissemination of computer software, agencies should not

order additional computer software under the clause at 52.227-16, for the sole purpose of

disseminating or marketing the software to the public. In ordering software for internal purposes,

the contracting officer shall consider, consistent with the Government’s needs, not ordering

particular source codes, algorithms, processes, formulas, or flow charts of the software if the

contractor shows that this aids its efforts to disseminate or market the software.

Parent topic: 27.406 Acquisition of data.