FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.4

FAR 27.402 Policy.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains that agencies need data from contracts for various purposes, such as competition and research dissemination. It also recognizes that contractors may have proprietary interests in data, so agencies must protect that data from unauthorized use and disclosure. Agencies must balance their own needs with the contractor's legitimate proprietary interests.

Applies to: Agencies acquiring or obtaining access to data under contracts

What it requires

  • Protect proprietary data from unauthorized use and disclosure
  • Balance the Government's needs and the contractor's legitimate proprietary interests

Key terms: proprietary interests · proprietary data · unauthorized use and disclosure

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) To carry out their missions and programs, agencies acquire or obtain access to many kinds of data produced during or used in the performance of their contracts. Agencies require data to—

(1) Obtain competition among suppliers;

(2) Fulfill certain responsibilities for disseminating and publishing the results of their activities;

(3) Ensure appropriate utilization of the results of research, development, and demonstration activities including the dissemination of technical information to foster subsequent technological developments;

(4) Meet other programmatic and statutory requirements; and

(5) Meet specialized acquisition needs and ensure logistics support.

(b) Contractors may have proprietary interests in data. In order to prevent the compromise of these interests, agencies shall protect proprietary data from unauthorized use and disclosure. The protection of such data is also necessary to encourage qualified contractors to participate in and apply innovative concepts to Government programs. In light of these considerations, agencies shall balance the Government's needs and the contractor's legitimate proprietary interests.

Sections that refer to it

  • 27.400 Scope of subpart.
  • 27.408 Cosponsored research and development activities.
  • 27.409 Solicitation provisions and contract clauses

← 27.401 Definitions. · 27.403 Data rights—General. →

Rule changes for FAR Part 27

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 27.402 Policy · SpendQuery