1. Daniel Story DATA RIGHTS
UNCLASSIFIED
UNCLASSIFIED
Program Executive Office Special Operations Forces Support Activity (PEO SOFSA)
Trusted Experts for SOF Logistics
Daniel Story DATA RIGHTS
Contracting Officer
Special Operations Forces Support Activity

2. Data Rights Overview Issues with Data • Competition
• Long term cost to the Government
• Difficulties in planning for future unknowns
Directive for Better Buying Power
• Require open systems architectures, set rules for acquisition of technical data rights
Analysis must outline open systems architecture approach, combined with technical data rights the government will pursue in order to ensure a lifetime consideration of competition in the acquisition of weapon systems.
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3. DFARS Reference Data Rights Commercial NONcommercial
Technical Data
DFARS DFARS
Computer Software/
Documentation
DFARS
Technical Data
DFARS DFARS
Computer Software/
Documentation
DFARS
DFARS
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4. Rights In Technical Data & Computer Software
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5. Unlimited Rights
The Government obtains "unlimited rights" if the technical data pertains to an item or process developed exclusively with Government funding. 10 U.S.C. § 2320(a)(2)(A); DFARS (a); DFARS (b)(1).
Unlimited Rights means the government may “use, modify, reproduce, perform, display, release, or disclose” the data to anyone and for any purpose. 10 U.S.C. § 2320(a)(2)(A); DFARS (a)(15).
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6. Limited Rights
The Government obtains “limited rights” if the data pertains to an item or process developed exclusively with private funding.
10 U.S.C. § 2320(a)(2)(B); DFARS (c); DFARS (b)(3).
The Government may “use, modify, reproduce, perform, display, release, or disclose” the data only within the Government except that the Government may release to another if “necessary for emergency repair and overhaul.”
10 U.S.C. § 2320(a)(2)(B) and (D); DFARS (a)(13).
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7. Government Purpose Rights
The Government obtains “government purpose rights” if the data pertains to an item or process with both Government and private funding.
10 U.S.C. § 2320(a)(2)(E); DFARS (b); DFARS (b)(2).
Government Purpose Rights means the government may “use, modify, reproduce, perform, display, release, or disclose” the data within the Government or may release or disclose such data to someone outside the Government so long as the recipient uses the data for Government purposes.
DFARS (a)(11).
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8. Negotiated Rights
The Government and the contractor may modify these predetermined levels of rights so long as the Government receives no less than limited rights in the data.
10 U.S.C. § 2320(a)(2) and (c); DFARS (d); DFARS (b)(4).
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9. Other Rights Data Rights that must be considered
Bid/Proposal Data Rights
Proprietary Rights
Helpful Link: c9a a2e9e120c725
Other Rights
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10. Sample of Data Rights H92254-17-D-0001 AC-130J
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11. Questions?