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

FAR 27.407 Rights to technical data in successful proposals.

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 under the clause at 52.227-23, the Government can get unlimited rights to technical data in a successful proposal. However, the prospective contractor can identify specific pages of technical data to exclude from that unlimited rights grant. Excluded data and commercial/financial proposal information remain protected for evaluation purposes only, and if the Government needs excluded data during performance, it may acquire limited rights if the data qualifies.

Applies to: Prospective contractors submitting successful proposals containing technical data

What it requires

  • The prospective contractor is afforded the opportunity to specifically identify pages containing technical data to be excluded from the grant of unlimited rights.

Key terms: unlimited rights · technical data · successful proposals · excluded technical data · limited rights

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

The text

The clause at 52.227-23, Rights to Proposal Data (Technical), allows the Government to acquire unlimited rights to technical data in successful proposals. Pursuant to the clause, the prospective contractor is afforded the opportunity to specifically identify pages containing technical data to be excluded from the grant of unlimited rights. This exclusion is not dispositive of the protective status of the data, but any excluded technical data, as well as any commercial and financial information contained in the proposal, will remain subject to the policies in Subpart 15.2 or 15.6 (or agency supplements) relating to proposal information (e.g., will be used for evaluation purposes only). If there is a need to have access to any of the excluded technical data during contract performance, consideration should be given to acquiring the data with limited rights, if they so qualify, in accordance with 27.404-2(c).

Sections it refers to

  • 52.227-23 Rights to Proposal Data (Technical).
  • 27.404-2 Limited rights data and restricted computer software.

Sections that refer to it

  • 27.409 Solicitation provisions and contract clauses

← 27.406-3 Major system acquisition. · 27.408 Cosponsored research and development activities. →

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 27.407 Rights to technical data in successful proposals · SpendQuery