FAR and DFAR Question

See DFARS 227.400.

You might want to raise the matter with your contracting officer.

@Contractor500See FAR Subpart 27.4, Rights in Data and Copyrights, Section 27.400, Scope of subpart, which says: "This subpart sets forth policies and procedures regarding rights in data and copyrights, and acquisition of data. The policy statement in 27.402 applies to all executive agencies. The remainder of the subpart applies to all executive agencies except the Department of Defense."

FAR Subpart 27.4 includes FAR section 27.409, which prescribes the provisions and clauses that implement data rights policy. So those provisions and clauses do not apply to DOD contracts (and subcontracts).

Now see DFARS 227.4, Rights in Data and Copyrights, Section 227.400, Scope of subpart, which says, "DoD activities shall use the guidance in Subparts 227.71 and 227.72 instead of the guidance in FAR Subpart 27.4." Emphasis added.

Instead of, not in addition to.

What the above say to me is that contracting officers must not insert FAR data rights clauses into contracts that are subject to the DFARS, and must not insert DFARS data rights clauses into contracts that are not subject to DFARS. I think that means that DOD prime contractors are to flow down DFARS clauses into their subcontracts, not FAR clauses.

If you work for a DOD contractor, and if your contract includes DFARS data rights clauses, but you have inserted both FAR and DFARS data rights clauses in a subcontract or task order, then you may have created an ambiguity or conflict in terms that could cause trouble down the line.

Thank you Vern!

Thank you also to ji20874