Overview
This section defines the foundational terminology for Subpart 27.4, establishing the scope of "data" and the specific legal categories used to determine the government's rights to technical information and computer software. It differentiates between various levels of proprietary protection based on the source of funding and the nature of the information.
Key Rules
- Data Scope: Includes all recorded information, such as technical data and computer software, but specifically excludes information incidental to contract administration, such as financial, cost, or management data.
- Form, Fit, and Function (FFF) Data: Defines data required to identify source and functional characteristics for interchangeability; notably, for software, this includes performance requirements but explicitly excludes source code and algorithms.
- Limited Rights Data: Pertains to non-software data (trade secrets or confidential information) developed at private expense; the government's use is constrained by the terms of a Limited Rights Notice.
- Restricted Computer Software: Refers to software developed at private expense that is copyrighted or contains trade secrets, limiting the government to specific "Restricted Rights."
- Unlimited Rights: Grants the government the authority to use, disclose, reproduce, and distribute data in any manner and for any purpose, including allowing third parties to do so.
Practical Implications
- Funding Source Documentation: Contractors must maintain meticulous records to prove "private expense" development to qualify for Limited or Restricted rights, otherwise the government may claim Unlimited rights.
- Strategic Disclosure: FFF data definitions allow the government to procure replacement parts or interface components from third parties without requiring the original contractor to surrender proprietary manufacturing processes or source code.