Overview
FAR 12.211 establishes the policy that the government’s acquisition of technical data and associated rights for commercial products must mirror what is customarily provided to the general public. It creates a regulatory presumption that commercial technical data is developed at private expense, thereby protecting a contractor's intellectual property.
Key Rules
- Standard Commercial Practice: Unless dictated otherwise by specific agency statutes, the government only acquires the technical data and rights typically offered to the public with a commercial product or process.
- Presumption of Private Expense: Contracting officers must operate under the legal presumption that data for commercial products was developed entirely at private expense.
- Clause Incorporation: If technical data delivery is required, the contracting officer is responsible for including specific provisions and clauses (sourced from FAR Part 27 or agency supplements) in contract addenda to define data rights.
Practical Implications
- IP Protection: Contractors are generally not required to surrender proprietary information or "Unlimited Rights" to the government that they would not provide to a private-sector customer.
- Reduced Burden of Proof: Because the government presumes private development, contractors are relieved from the rigorous task of justifying their data rights assertions through detailed accounting records, which is typically required in non-commercial acquisitions.