§2302 Rights in Technical Data

Summary

The Federal Acquisition Regulation must say who owns and what rights the government and contractors have in technical data (like design, development, or manufacturing information). The rules cannot take away patent or copyright rights. For executive agencies covered by division C, the government may not force a company that sells a product or process to the public to hand over its design or manufacturing data just to buy that product or process, unless the data are needed to operate or maintain the item and are obtained as part of the contract. If technical data were developed only with federal money, and the contract required delivering that data and it is needed so the government can buy large amounts in the future, the government gets unlimited rights and can use the data without paying royalties for government purposes. When making these rules, officials must consider how the work was paid for (federal money, private money, or both), certain congressional and small‑business policies, and the need to encourage competition and lower costs. Contracts must spell out rights, list what data must be delivered and when, set acceptance rules, create separate line items for data, mark any restricted data before delivery, require updates for design changes, get assurances the data are complete and accurate, and give the government remedies (including withholding payment) if data rules are not met.