FAR 52.227-16—Additional Data Requirements.
Plain-English Summary
FAR 52.227-16, Additional Data Requirements, gives the Government a post-award mechanism to obtain data that were not originally listed as deliverables but were first produced or specifically used in performing the contract. The clause works together with the applicable data rights clause, usually FAR 52.227-14, Rights in Data—General, or an equivalent clause, to define what data may be ordered, what rights attach to that data, and what data the contractor may lawfully withhold. It also addresses the timing of the Government’s ordering authority, which extends during performance and for up to three years after final acceptance of all contract items. The clause further covers contractor compensation for converting data into the required format, reproducing it, and delivering it, as well as the contracting officer’s authority to release the contractor from the clause for specifically identified data items. In practice, this clause protects the Government’s ability to obtain needed technical or other data after award while preserving the contractor’s rights and limiting the Government to data that fall within the contract’s data-rights framework.
Key Rules
Government may order additional data
The contracting officer may require delivery of data first produced or specifically used in performing the contract, even if those data were not originally listed as deliverables. This authority exists during performance and for three years after acceptance of all items to be delivered.
Data rights clause controls
Any data ordered under this clause are subject to the Rights in Data—General clause or equivalent included in the contract. That means the contractor’s delivery obligations and the Government’s rights are governed by the underlying data-rights provisions.
No duty to deliver protected data
The clause does not override any withholding rights the contractor has under the applicable data-rights clause. It also does not require delivery of data that the contract specifically identifies as excluded from this clause.
Contractor gets paid for compliance costs
If data are ordered under this clause, the contractor must be compensated for converting the data into the prescribed form, reproducing it, and delivering it. The clause recognizes that post-award data requests can create additional administrative and production costs.
Contracting officer may release items
The contracting officer may exempt specifically identified data items from the clause at any time during the three-year ordering period. This allows the Government to narrow or eliminate future data demands for particular items when appropriate.
Responsibilities
Contracting Officer
May order additional data first produced or specifically used in contract performance during performance and for three years after final acceptance. Must apply the contract’s data-rights clause when ordering data, identify any excluded data items in the contract, compensate the contractor for conversion, reproduction, and delivery costs, and may release specifically identified data items from the clause during the three-year period.
Contractor
Must provide ordered data that fall within the clause and are not protected from disclosure under the applicable data-rights clause or specifically excluded by the contract. Must convert, reproduce, and deliver the data as required, and may seek compensation for those activities under the clause.
Agency
Must ensure the contract includes the proper data-rights framework and that any use of this clause is consistent with the acquisition’s data needs and rights allocation. Should also support clear identification of any data items that are excluded from the clause or later released from it.
Practical Implications
This clause gives the Government a useful post-award tool, so contractors should track what data are first produced or specifically used during performance and understand that those data may later be requested.
The biggest pitfall is assuming all data can be demanded automatically; the contractor can still withhold data protected by the applicable rights clause or specifically excluded in the contract.
Contractors should plan for potential conversion and reproduction costs, because the clause requires compensation for those tasks when data are ordered.
Contracting officers should be precise when drafting exclusions or later releases, because vague language can create disputes over whether a data item is covered.
Both sides should preserve records showing when data were produced, how they were used, and what rights attach, since those facts determine whether the clause applies and what must be delivered.
Official Regulatory Text
As prescribed in 27.409 (d) , insert the following clause: Additional Data Requirements (June 1987) (a) In addition to the data (as defined in the clause at 52.227-14 , Rights in Data-General clause or other equivalent included in this contract) specified elsewhere in this contract to be delivered, the Contracting Officer may, at any time during contract performance or within a period of 3 years after acceptance of all items to be delivered under this contract, order any data first produced or specifically used in the performance of this contract. (b) The Rights in Data-General clause or other equivalent included in this contract is applicable to all data ordered under this Additional Data Requirements clause. Nothing contained in this clause shall require the Contractor to deliver any data the withholding of which is authorized by the Rights in Data-General or other equivalent clause of this contract, or data which are specifically identified in this contract as not subject to this clause. (c) When data are to be delivered under this clause, the Contractor will be compensated for converting the data into the prescribed form, for reproduction, and for delivery. (d) The Contracting Officer may release the Contractor from the requirements of this clause for specifically identified data items at any time during the 3-year period set forth in paragraph (a) of this clause. (End of clause)