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VipinOwl

Rights in Data to Technical Progress Reports in R&D Contracts

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Good afternoon everyone,

Does the government have unlimited data rights to technical data, submitted as a technical progress report, which is generated under an R&D contract?  Based on my reading and understanding of FAR part 27.404-1, data first produced in the performance of a contract, which is the case for the technical progress reports, is unlimited rights data.  If that is the case, could technical progress reports be disclosed outside of the government, for example to NGO's with similarly awarded contracts?  My issue is that although the data is first produced in the performance of the contract the data also embody a trade secret or are commercial or financial and confidential or privileged (in the case of technical progress reports).

Furthermore, FAR Part 35.001-Data, states that part 27 does not "require" the delivery of technical data.  So is FAR part 27 relevant to the treatment of technical data as is generated under R&D contracts? FAR part 27.401 states the term "Data" also includes "technical data".

Thanks for your assistance.

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It would be better if you indicate what data rights clauses are proposed. And, generally speaking, the Contractor, and its subcontractors or suppliers, may only assert restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data to be delivered under a contract by marking the deliverable data subject to applicable restrictions. The markings can be challenged by the Government. Can you provide the data item description for a Technical Progress Report? Not clear to me what is required. I am imagining just indicating progress towards milestones i.e., completed preliminary design review.

Edited by Neil Roberts
typo and add additional information

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Guest Vern Edwards
23 hours ago, VipinOwl said:

Does the government have unlimited data rights to technical data, submitted as a technical progress report, which is generated under an R&D contract? 

The government's rights in technical data are not determined on the basis of the method by which the data were transmitted.

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