FAR 27.400—Scope of subpart.
Plain-English Summary
FAR 27.400 is a scope provision that tells readers what Subpart 27.4 covers and, just as importantly, where it applies. It states that the subpart sets forth policies and procedures on rights in data, copyrights, and the acquisition of data, so it is the gateway to the FAR rules governing ownership, use, and protection of technical and other data developed or delivered under federal contracts. It also draws a key applicability line: the policy statement in FAR 27.402 applies to all executive agencies, while the rest of the subpart applies to all executive agencies except the Department of Defense. In practice, this means contracting officers and contractors must first determine whether they are dealing with a DoD or non-DoD executive agency before relying on the detailed rules in the subpart. The section exists to prevent misapplication of data-rights and copyright rules across agencies and to signal that DoD follows a different regulatory framework for most of these matters. For contractors, this is a reminder that data-rights clauses, copyright assertions, and data acquisition terms are not one-size-fits-all and must be reviewed in light of agency coverage.
Key Rules
Covers data rights and copyrights
This subpart addresses policies and procedures for rights in data, copyrights, and the acquisition of data. It is the starting point for understanding how the Government may obtain, use, reproduce, disclose, or protect data delivered under a contract.
Policy applies governmentwide
The policy statement in FAR 27.402 applies to all executive agencies. That means every executive agency must follow the overarching policy direction in that section, even if other parts of the subpart do not apply to them.
Most rules exclude DoD
The remainder of Subpart 27.4 applies to all executive agencies except the Department of Defense. Users must not assume the detailed provisions in the subpart govern DoD acquisitions unless another authority specifically makes them applicable.
Agency coverage must be checked first
Before applying any rule in this subpart, the contracting activity must identify whether the procurement is for DoD or a non-DoD executive agency. Applicability determines which clauses, procedures, and policy references control the acquisition.
Responsibilities
Contracting Officer
Determine whether the acquisition is for an executive agency other than DoD or for DoD, and apply only the portions of Subpart 27.4 that are covered. Ensure the correct data-rights and copyright framework is used when drafting solicitations and contracts.
Agency
Follow the policy statement in FAR 27.402 across all executive agencies, and ensure internal acquisition guidance aligns with the subpart’s scope limitations. For non-DoD agencies, apply the remainder of the subpart as written.
Contractor
Identify the agency coverage before negotiating or asserting data rights or copyright positions. Review solicitation and contract terms carefully to confirm which FAR provisions apply and avoid assuming DoD and civilian agency rules are the same.
Practical Implications
This section is mainly a roadmap, but it is critical because it tells you which data-rights rules actually apply to the procurement.
A common mistake is treating Subpart 27.4 as universally applicable; the detailed provisions generally do not apply to DoD acquisitions.
Contractors should verify agency identity early, because data assertions, copyright notices, and delivery terms can differ depending on whether the customer is DoD or another executive agency.
Contracting officers should use this scope section as a threshold check before inserting clauses or advising offerors on rights in data.
Even though the section is short, misreading its applicability can lead to incorrect contract terms, disputes over data ownership, or noncompliant solicitation language.
Official Regulatory Text
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.