FAR and DFARS › FAR Part 27: Patents, Data, and Copyrights › Subpart 27.4
FAR 27.405-4 Other existing data.
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 says that certain clauses from this subpart do not have to be included in contracts that only acquire existing data, books, periodicals, or other printed items in their exact form, unless reproduction rights are being acquired. If reproduction rights are to be obtained, those rights must be specifically stated in the contract. It also says no clause from this subpart is required for contracts substantially for on-line database services in the same form normally available to the general public.
Applies to: Contracts that acquire only existing data, printed items, or on-line database services, with exceptions for existing works and commercial computer software.
What it requires
- If reproduction rights to the data are to be obtained, set forth those rights specifically in the contract.
Key terms: existing data · limited rights data · reproduction rights · on-line data base services · commercial computer software
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) Except for existing works pursuant to 27.405-2 or commercial computer software pursuant to 27.405-3, no clause contained in this subpart is required to be included in—
(1) Contracts solely for the acquisition of books, periodicals, and other printed items in the exact form in which these items are to be obtained unless reproduction rights are to be acquired; or
(2) Other contracts that require only existing data (other than limited rights data) to be delivered and the data are available without disclosure prohibitions, unless reproduction rights to the data are to be obtained.
(b) If the reproduction rights to the data are to be obtained in any contract of the type described in paragraph (b)(1) (i) or (ii) of this section, the rights shall be specifically set forth in the contract. No clause contained in this subpart is required to be included in contracts substantially for on-line data base services in the same form as they are normally available to the general public.
Sections that refer to it
- 27.409 Solicitation provisions and contract clauses
← 27.405-3 Commercial computer software. · 27.406 Acquisition of data. →
Rule changes for FAR Part 27
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Small Business Innovation Research and Technology Transfer Programs ↗ · proposed 2025-06-12
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.