FAR 27.405-4—Other existing data.
Plain-English Summary
FAR 27.405-4 explains when the data-rights clauses in FAR Subpart 27.4 do not need to be included because the Government is buying only existing data, not developing new technical data rights. It covers three main situations: contracts solely for books, periodicals, and other printed items in the exact form they will be delivered; other contracts that require only existing data (other than limited rights data) and where the data are available without disclosure prohibitions; and contracts substantially for on-line database services offered to the public in the same form. The section also addresses the special case where reproduction rights are being acquired, requiring those rights to be stated specifically in the contract. In practice, this provision helps contracting officers avoid inserting unnecessary data-rights clauses into straightforward purchases while still protecting the Government’s interests when it needs copying or reproduction rights. It is a narrow exception rule, so the key is determining whether the acquisition is truly limited to existing, publicly available data or standard public database services, and whether any reproduction rights must be expressly negotiated and written into the contract.
Key Rules
Printed items may be exempt
No clause from this subpart is required for contracts solely to buy books, periodicals, and other printed items in the exact form they will be delivered, unless the Government is also acquiring reproduction rights. The exemption applies only when the purchase is for the items as-is, not for rights to copy or reuse them.
Existing data can be excluded
No clause from this subpart is required for other contracts that call only for existing data, other than limited rights data, if the data are available without disclosure prohibitions. This means the Government is buying already-existing information that can be delivered without special restrictions, unless reproduction rights are part of the deal.
Reproduction rights must be explicit
If the Government is obtaining reproduction rights to the data in a contract covered by this section, those rights must be specifically stated in the contract. The rights are not implied by the purchase of the data itself and should be written clearly enough to avoid later disputes.
Public online database services are exempt
No clause from this subpart is required in contracts substantially for on-line database services provided in the same form as they are normally available to the general public. The focus is on standard public-facing database access, not customized or restricted data services.
Limited rights data is excluded from the exemption
The exemption for existing data does not apply to limited rights data. If the data fall into a protected category, the contracting officer should not assume the clauses are unnecessary and must evaluate the proper data-rights treatment.
Responsibilities
Contracting Officer
Determine whether the acquisition fits one of the exempt categories: printed items in exact form, existing data available without disclosure prohibitions, or standard public online database services. If reproduction rights are being acquired, ensure they are specifically written into the contract and do not omit needed clauses when limited rights data or other restrictions are involved.
Contractor
Identify whether the deliverables are only existing data or standard public database services, and disclose any restrictions that affect delivery or reproduction rights. If reproduction rights are being negotiated, make sure the contract language clearly states the scope of those rights.
Agency/Program Office
Define the requirement accurately so the contracting officer can tell whether the purchase is for existing data, printed materials, or public database services, and whether copying or reuse rights are needed. Avoid requesting broader rights than the mission requires, but ensure the requirement is clear if reproduction is necessary.
Practical Implications
This section is mainly a clause-selection rule: if the acquisition is narrow enough, the FAR Subpart 27.4 data-rights clauses may be unnecessary, which simplifies the contract file and solicitation.
A common pitfall is assuming that any purchase of information is exempt; the exemption is limited to existing data, standard printed items, or public online database services, and it does not cover limited rights data.
If the Government wants to copy, republish, or otherwise reproduce the material, the contract must say so explicitly; otherwise, the Government may only have the right to receive the item or data, not reuse it.
Contracting officers should verify whether the data are truly available without disclosure prohibitions, because hidden restrictions can make the exemption inapplicable.
For online database services, the key question is whether the service is substantially the same as what the public normally receives; customized, restricted, or specially licensed services may require different treatment.
Official Regulatory Text
(a) Except for existing works pursuant to 27.405-2 or commercial computer software pursuant to 27.405-3 , no clause contained in this subpart is required to be included in- (1) Contracts solely for the acquisition of books, periodicals, and other printed items in the exact form in which these items are to be obtained unless reproduction rights are to be acquired; or (2) Other contracts that require only existing data (other than limited rights data) to be delivered and the data are available without disclosure prohibitions, unless reproduction rights to the data are to be obtained. (b) If the reproduction rights to the data are to be obtained in any contract of the type described in paragraph (b)(1) (i) or (ii) of this section, the rights shall be specifically set forth in the contract. No clause contained in this subpart is required to be included in contracts substantially for on-line data base services in the same form as they are normally available to the general public.