FAR 52.227-14 — Rights in Data — General
Establishes the government's default rights in data first produced or delivered under a federal contract, and identifies categories of data where the contractor retains rights.
When This Clause Applies
Required in non-commercial-item contracts where data is to be delivered or first produced. Different rules apply under DFARS for DoD contracts.
What This Means for Contractors
By default, the government gets unlimited rights in data first produced under the contract and 'limited rights' in data developed at private expense and properly marked. Marking data correctly at delivery is critical — unmarked data defaults to unlimited rights. Existing IP can be protected through proper assertion and marking.
Common Pitfalls
- 1Failing to mark proprietary data correctly at the time of delivery
- 2Not asserting limited rights on the Assertions table required by the solicitation
- 3Confusing 'first produced under the contract' (government owns) with 'developed at private expense' (contractor retains)
- 4Overlooking DFARS 252.227-7013 / 7014 / 7015 for DoD work (different regime)
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