[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR27.401]



[Page 530-531]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 27_PATENTS, DATA, AND COPYRIGHTS--Table of Contents

 

               Subpart 27.4_Rights in Data and Copyrights

 

Sec. 27.401  Definitions.



    As used in this subpart--

    Data means recorded information, regardless of form or the media on 

which it may be recorded. The term includes technical data and computer 

software. The term does not include information incidental to contract 

administration, such as financial, administrative, cost or pricing or 

management information.

    Form, fit, and function data means data relating to items, 

components, processes that are sufficient to enable physical and 

functional interchangeability, as well as data identifying source, size, 

configuration, mating and attachment characteristics, functional 

characteristics, and performance requirements; except that for computer 

software it means data identifying



[[Page 531]]



source, functional characteristics, and performance requirements, but 

specifically excludes the source code, algorithm, process, formulae, and 

flow charts of the software.

    Limited rights means the rights of the Government in limited rights 

data, as set forth in a Limited Rights Notice if included in a data 

rights clause of the contract.

    Limited rights data means data, other than computer software, that 

embody trade secrets or are commercial or financial and confidential or 

privileged, to the extent that such data pertain to items, components, 

or processes developed at private expense, including minor modifications 

thereof. (Agencies may, however, adopt the following alternate 

definition:

    Limited rights data means data developed at private expense that 

embody trade secrets or are commercial or financial and confidential or 

privileged (see 27.404(c).)

    Restricted computer software means computer software developed at 

private expense and that is a trade secret; is commercial or financial 

and confidential or privileged; or is published copyrighted computer 

software; including minor modifications of such computer software.

    Restricted rights means the rights of the Government in restricted 

computer software as set forth in a Restricted Rights Notice, if 

included in a data rights clause of the contract, or as otherwise may be 

included or incorporated in the contract.

    Technical data means data other than computer software, which are of 

a scientific or technical nature.

    Unlimited rights means the rights of the Government to use, 

disclose, reproduce, prepare derivative works, distribute copies to the 

public, and perform publicly and display publicly, in any manner and for 

any purpose, and to have or permit others to do so.



[52 FR 18140, May 13, 1987, as amended at 66 FR 2130, Jan. 10, 2001]