FAR 35.011—Data.
Plain-English Summary
FAR 35.011 addresses a practical but important issue in research and development contracting: what data must be delivered, and how to plan for later production competition. It makes clear that R&D contracts must specifically identify the technical data to be delivered, because the standard data rights clauses in FAR part 27 do not themselves require delivery of technical data. The section also tells agencies to think ahead when a developmental program may lead to production contracts, including whether they will need a technical package made up of plans, drawings, specifications, and other descriptive information. That planning matters because a complete technical package can be essential to obtaining effective competition in follow-on production. The section further recognizes that, in some cases, the developmental contractor may be the best source to prepare that package, which has implications for acquisition planning, data deliverables, and later source selection strategy.
Key Rules
Specify data deliverables
R&D contracts must state what technical data the contractor must deliver. Agencies cannot rely on the part 27 data clauses alone to create a delivery obligation, because those clauses address rights in data rather than a requirement to furnish data.
Plan for production competition
When a developmental program may lead to production, the agency should consider early whether it will need a technical package that supports competition. This includes planning for the time and effort needed to obtain plans, drawings, specifications, and similar descriptive information.
Technical package content
The technical package should be sufficient to enable competitive production contracting. In practice, that means enough detail to allow prospective offerors to understand the requirement and prepare responsive proposals without depending on the original developer.
Developer may prepare package
In some programs, the developmental contractor may be the best party to produce the technical package. The section does not require that result, but it signals that agencies should evaluate whether the developer’s knowledge and access make it the most efficient source.
Acquisition planning requirement
The section is fundamentally about advance planning. Agencies should address data needs and future competition needs during program planning, not after development is complete, because late planning can delay production and limit competition.
Responsibilities
Contracting Officer
Ensure the R&D contract expressly identifies any technical data to be delivered and plan early for any technical package needed for later production competition. The contracting officer should coordinate acquisition planning so the contract structure supports both development and any anticipated follow-on production.
Program/Acquisition Team
Assess whether the developmental effort is likely to lead to production and determine what plans, drawings, specifications, and other descriptive information will be needed to compete that production. The team should build data requirements into the program plan and schedule enough time to obtain them.
Agency
Consider the broader procurement strategy for the developmental program, including whether competition in later production phases will depend on government-owned or otherwise usable technical data. The agency should ensure its planning and funding decisions account for the cost and timing of obtaining the technical package.
Contractor
If the contract requires delivery of technical data, provide the specified data in the form and timing required by the contract. If the contractor is asked to prepare a technical package, it must do so consistent with the contract terms and any applicable data-rights provisions.
Practical Implications
If the contract does not expressly require delivery of technical data, the government may end development with useful rights in data but no actual package it can use to compete production.
A common pitfall is assuming the standard FAR part 27 clauses automatically produce deliverable drawings or specifications; they do not.
Late identification of technical data needs can delay follow-on production, increase costs, and force the agency to rely on the original developer for sole-source support.
When the developmental contractor is the only party with the needed design knowledge, using that contractor to prepare the technical package may be efficient, but the agency should still think carefully about data rights and future competition.
Good planning during development can reduce vendor lock-in later by ensuring the government has the information needed to solicit production from multiple sources.
Official Regulatory Text
(a) R&D contracts shall specify the technical data to be delivered under the contract, since the data clauses required by part 27 do not require the delivery of any such data. (b) In planning a developmental program when subsequent production contracts are contemplated, consideration should be given to the need and time required to obtain a technical package (plans, drawings, specifications, and other descriptive information) that can be used to achieve competition in production contracts. In some situations, the developmental contractor may be in the best position to produce such a technical package.