Overview
This section provides standardized definitions for key terms used in the context of reverse auctions, specifically clarifying the distinctions between data owned by the government, data generated by contractors, and the entities facilitating these auctions.
Key Rules
- Government Data: Broadly defined to include any information, regardless of physical form or machine-readable characteristics, created or obtained by the Government during official business.
- Government-Related Data: Refers to information created or obtained by a contractor through the processing or storage of Government data.
- Exclusions from Government-Related Data: Specifically excludes a contractor’s internal business records (e.g., financial and legal records) and general software code or algorithms that are not uniquely applied to the Government data.
- Reverse Auction Service Provider: Defined as any commercial or Government entity that provides the platform or means to conduct reverse auctions for federal acquisitions.
Practical Implications
- Data Rights Clarity: Contractors can clearly distinguish between data they must protect as government-related and their own proprietary business records or generic software tools.
- Operational Scope: By defining service providers as either commercial or government entities, the FAR allows for both private-sector platforms and internal government systems to be utilized for reverse auctions.