Data rights need attention before delivery. Identify the deliverable, development funding, applicable license, and required markings before a proposal promise becomes a contract obligation.
This guide explains DFARS Part 227, Patents, Data, and Copyrights, using practical distinctions and a fictional contractor example.
Watch the DFARS Part 227 lesson
Separate technical data from software
Technical data and computer software use distinct rights frameworks. For other than commercial technical data, the standard categories include unlimited rights, government purpose rights, and limited rights. For other than commercial software, the corresponding restricted category is restricted rights. Do not assume software documentation receives the same treatment as the software itself; required documentation generally carries unlimited rights under the standard framework.
Trace funding at the right level
Development funding generally shapes the standard license in technical data pertaining to an item, component, or process, subject to specified exceptions. Preserve evidence at the relevant level instead of assigning one rights label to an entire product. Some data categories carry broader Government rights regardless of a privately funded development history. Check the exact clause, exceptions, and negotiated terms.
Read commercial licenses and exceptions
Commercial software rights depend on the applicable license. Additional rights require an agreed contractual basis. Commercial technical data has a separate framework with category-specific exceptions; do not reduce it to a universal internal-use-only rule. Identify what is being delivered and what rights the actual agreement grants.
Connect assertions, markings, and records
Follow the solicitation instructions for identifying asserted restrictions. Make restrictive markings consistent with the applicable clause and supporting basis. Retain the development and funding records needed to support the assertion, and review subcontract requirements rather than treating supplier rights as an afterthought.
A hypothetical example
A company offers an existing commercial analytics platform and a custom module for a Navy program. The sales team initially assumes the commercial license covers every deliverable. Contracts and engineering separate the platform, custom work, and interfaces; trace development funding; and identify the proposed rights, assertions, and markings for each. This example demonstrates a preparation process. It does not determine rights under a real contract.
Use an eight-step preparation checklist
- Identify technical data, software, and documentation separately.
- Check commercial or other than commercial treatment.
- Trace development funding for the relevant item or component.
- Read the actual solicitation clauses and negotiated licenses.
- Prepare required assertions.
- Apply conforming restrictive markings.
- Review subcontract terms and flowdowns.
- Retain the supporting development records.
Official sources and applicability
Read DFARS Part 227, including sections 227.7103-4, 227.7103-5, 227.7102-2, 227.7202-3, and 227.7203-5. Verify current changes and applicable authorized deviations against the dated solicitation or contract. PGI supplies acquisition procedures and guidance; distinguish it from contract clauses and follow applicable incorporated requirements.
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General education, not legal advice. Browse the DFARS series.
