FAR 27.407—Rights to technical data in successful proposals.
Plain-English Summary
FAR 27.407 explains how the Government may obtain rights in technical data contained in successful proposals when the clause at 52.227-23, Rights to Proposal Data (Technical), is used. It covers the Government’s ability to receive unlimited rights in technical data from the winning proposal, the offeror’s opportunity to specifically identify pages of technical data that should be excluded from that unlimited-rights grant, and the effect of that exclusion on the data’s protection status. It also addresses how excluded technical data, along with any commercial and financial information in the proposal, remain subject to the proposal-information protections in FAR subpart 15.2 or 15.6 and any applicable agency supplements, meaning they are generally used only for evaluation and related procurement purposes. Finally, it points to a practical follow-on issue: if the Government will need access to excluded technical data during performance, the parties should consider obtaining those data with limited rights under FAR 27.404-2(c) if the data qualify. In practice, this section is about balancing the Government’s need to use proposal technical data after award against the contractor’s interest in protecting sensitive proposal content.
Key Rules
Unlimited rights in successful proposals
When the clause at 52.227-23 is included, the Government may acquire unlimited rights to technical data contained in the successful proposal. This means the Government can use, disclose, reproduce, and otherwise exploit that technical data without the restrictions that would normally apply to limited or restricted rights data.
Offeror may exclude specific pages
The prospective contractor may specifically identify pages containing technical data that it wants excluded from the unlimited-rights grant. The exclusion must be made page-by-page as provided by the clause, so careful marking and identification are essential.
Exclusion does not end all protection questions
Excluding technical data from unlimited rights does not automatically determine its overall protected status. The data may still be protected under other rules, but the exclusion only means the Government does not receive unlimited rights in that material through the proposal clause.
Proposal-information rules still apply
Excluded technical data, as well as commercial and financial information in the proposal, remain subject to the proposal-information policies in FAR subpart 15.2 or 15.6, or agency supplements. In practice, this means the information is generally limited to evaluation and related procurement uses, not broader disclosure.
Consider limited rights for performance needs
If the Government will need access to excluded technical data during contract performance, the parties should consider acquiring those data with limited rights, if they qualify, under FAR 27.404-2(c). This avoids later disputes over access and use after award.
Responsibilities
Contracting Officer
Ensure the solicitation and award documents properly use the Rights to Proposal Data (Technical) clause when appropriate, and understand which proposal technical data will be subject to unlimited rights versus excluded. If excluded technical data may be needed during performance, consider whether limited-rights acquisition should be addressed before award.
Prospective Contractor / Offeror
Review the clause carefully and specifically identify the pages containing technical data that should be excluded from the Government’s unlimited-rights claim. Also distinguish technical data from commercial and financial information and mark or organize proposal content consistently with applicable proposal-information protections.
Government Evaluators / Source Selection Personnel
Use excluded technical data and commercial or financial proposal information only for the purposes allowed under FAR subpart 15.2 or 15.6 and any agency supplements, such as evaluation and source selection activities. Protect the information from unauthorized disclosure or use beyond those purposes.
Program Office / Requiring Activity
Identify early whether any proposal technical data excluded from unlimited rights will be needed during contract performance, so the acquisition strategy can address access rights up front. Work with the contracting officer to determine whether limited rights or another data-rights approach is appropriate.
Practical Implications
Contractors should not assume that simply excluding pages from unlimited rights makes the data fully protected in every context; the data may still be used for evaluation and may be subject to other proposal-information rules.
Page-specific identification matters. Vague or incomplete marking can lead to disputes over what the Government may use after award.
If the Government will need the technical data later for performance, maintenance, integration, or support, waiting until after award to sort out rights can create delays and leverage problems.
Commercial and financial proposal information is treated differently from technical data, but it still needs protection under proposal-information rules and should not be casually shared.
Contracting officers and program offices should think ahead about post-award data needs so they do not accept a proposal structure that blocks necessary access to technical data later.
Official Regulatory Text
The clause at 52.227-23 , Rights to Proposal Data (Technical), allows the Government to acquire unlimited rights to technical data in successful proposals. Pursuant to the clause, the prospective contractor is afforded the opportunity to specifically identify pages containing technical data to be excluded from the grant of unlimited rights. This exclusion is not dispositive of the protective status of the data, but any excluded technical data, as well as any commercial and financial information contained in the proposal, will remain subject to the policies in subpart 15.2 or 15.6 (or agency supplements) relating to proposal information ( e.g. , will be used for evaluation purposes only). If there is a need to have access to any of the excluded technical data during contract performance, consideration should be given to acquiring the data with limited rights, if they so qualify, in accordance with 27.404-2 (c).