When does FAR 52.227-14 apply?

Is the contract a civilian-agency contract delivering data, technical reports, or software? If yes, FAR 52.227-14 (or one of its alternates) typically applies. DoD contracts use DFARS 252.227-7013/7014 instead. Some civilian agencies have agency-specific supplements that modify the standard clause. Does the contract include any of Alternates II, III, IV, or V? Confirm the alternate in the contract's clause matrix. The alternates significantly change the rights regime, particularly for basic research and copyright-bearing deliverables. Is there pre-existing limited-rights data or restricted computer software the contractor will use in performance? If yes, identify and list it in the proposal response and apply the prescribed legends to deliverables. Items not identified up front are vulnerable to a forfeiture argument.

What are the most common contractor pitfalls under FAR 52.227-14?

Failing to mark limited-rights data with the prescribed legend: Just like the DFARS framework, missing or non-conforming legends on civilian-agency deliverables generally result in unlimited rights for the government regardless of underlying funding. Use the exact prescribed legend text. Treating copyrighted deliverables as automatically protected: The clause addresses copyright explicitly. The contractor may assert copyright in data first produced under the contract, but the government acquires a paid-up nonexclusive license. Asserting tighter restrictions than the clause permits is unenforceable against the government. Confusing FAR 52.227-14 with DFARS 252.227-7013/7014: The two regimes share concepts but differ in language, marking requirements, and challenge procedures. Using DFARS-style legends on a civilian-agency contract may not assert the rights the contractor intends. Missing the alternate selection in the clause matrix: Alternate II for research contracts, Alternate IV for some agencies, Alternate V for copyright handling, all change the analysis. A research contractor analyzing rights under the base clause when Alternate II applies will get the wrong answer.

What audit-flag patterns are associated with FAR 52.227-14?

Auditors and contracting officers commonly flag: Civilian-agency deliverables with no restrictive legend on items the contractor later asserts as limited rights; Copyright assertions inconsistent with the clause's paid-up license to the government; Use of DFARS-style legends on FAR 52.227-14 deliverables; Pre-existing limited-rights data not listed in the proposal response; Restricted computer software delivered without the prescribed legend.

FAR

FAR 52.227-14 — Rights in Data—General

The civilian-agency analog to DFARS 252.227-7013/7014. Defines the government's license rights in data first produced under or delivered under federal contracts, with limited rights, restricted computer software rights, and unlimited rights categories.

Citation: 48 C.F.R. § 52.227-14 · Live text on acquisition.gov · eCFR

What this clause does

FAR 52.227-14 is the standard data-rights clause for civilian-agency contracts (NASA, DOE, GSA, HHS, and others). It governs the government's license rights in technical data, computer software, and other data delivered under or first produced under the contract. The structure parallels but is not identical to the DFARS data-rights framework.

The clause distinguishes between data first produced in the performance of the contract and data delivered with restrictions (limited rights data and restricted computer software). For data first produced under the contract, the government generally acquires unlimited rights, with carveouts for limited-rights data and restricted computer software identified in advance and properly marked. Limited rights data is technical data that embodies trade secrets or commercial/financial information that is privileged or confidential, developed at private expense. Restricted computer software is computer software developed at private expense that is a trade secret, commercial/financial information, or copyrighted software.

Alternates II, III, IV, and V of the clause modify the default treatment for specific situations. Alternate II applies to contracts for basic or applied research, where the government may not assert unlimited rights as broadly. Alternate IV and V address copyright and other intellectual property treatment for specific agencies. The CO selects the alternate based on the nature of the contract and agency policy. Read the contract's clause matrix carefully because the alternates substantially shift the rights analysis.

Does this clause apply to my contract?

Three tests resolve applicability. Read each in order; the first "no" usually means the clause does not flow.

1.Is the contract a civilian-agency contract delivering data, technical reports, or software?
If yes, FAR 52.227-14 (or one of its alternates) typically applies. DoD contracts use DFARS 252.227-7013/7014 instead. Some civilian agencies have agency-specific supplements that modify the standard clause.
2.Does the contract include any of Alternates II, III, IV, or V?
Confirm the alternate in the contract's clause matrix. The alternates significantly change the rights regime, particularly for basic research and copyright-bearing deliverables.
3.Is there pre-existing limited-rights data or restricted computer software the contractor will use in performance?
If yes, identify and list it in the proposal response and apply the prescribed legends to deliverables. Items not identified up front are vulnerable to a forfeiture argument.

Common contractor pitfalls

Patterns that produce questioned costs, back-wage liability, or False Claims Act exposure under this clause.

Failing to mark limited-rights data with the prescribed legend
Just like the DFARS framework, missing or non-conforming legends on civilian-agency deliverables generally result in unlimited rights for the government regardless of underlying funding. Use the exact prescribed legend text.
Treating copyrighted deliverables as automatically protected
The clause addresses copyright explicitly. The contractor may assert copyright in data first produced under the contract, but the government acquires a paid-up nonexclusive license. Asserting tighter restrictions than the clause permits is unenforceable against the government.
Confusing FAR 52.227-14 with DFARS 252.227-7013/7014
The two regimes share concepts but differ in language, marking requirements, and challenge procedures. Using DFARS-style legends on a civilian-agency contract may not assert the rights the contractor intends.
Missing the alternate selection in the clause matrix
Alternate II for research contracts, Alternate IV for some agencies, Alternate V for copyright handling, all change the analysis. A research contractor analyzing rights under the base clause when Alternate II applies will get the wrong answer.

Audit-flag patterns

Specific signals that contracting officers, DCAA, and agency IGs use to surface noncompliance.

Civilian-agency deliverables with no restrictive legend on items the contractor later asserts as limited rights
Copyright assertions inconsistent with the clause's paid-up license to the government
Use of DFARS-style legends on FAR 52.227-14 deliverables
Pre-existing limited-rights data not listed in the proposal response
Restricted computer software delivered without the prescribed legend

Related clauses

Clauses that flow alongside or interact with FAR 52.227-14.

Frequently asked

What does FAR 52.227-14 require?: The civilian-agency analog to DFARS 252.227-7013/7014. Defines the government's license rights in data first produced under or delivered under federal contracts, with limited rights, restricted computer software rights, and unlimited rights categories.
When does FAR 52.227-14 apply?: Is the contract a civilian-agency contract delivering data, technical reports, or software? If yes, FAR 52.227-14 (or one of its alternates) typically applies. DoD contracts use DFARS 252.227-7013/7014 instead. Some civilian agencies have agency-specific supplements that modify the standard clause. Does the contract include any of Alternates II, III, IV, or V? Confirm the alternate in the contract's clause matrix. The alternates significantly change the rights regime, particularly for basic research and copyright-bearing deliverables. Is there pre-existing limited-rights data or restricted computer software the contractor will use in performance? If yes, identify and list it in the proposal response and apply the prescribed legends to deliverables. Items not identified up front are vulnerable to a forfeiture argument.
What are the most common contractor pitfalls under FAR 52.227-14?: Failing to mark limited-rights data with the prescribed legend: Just like the DFARS framework, missing or non-conforming legends on civilian-agency deliverables generally result in unlimited rights for the government regardless of underlying funding. Use the exact prescribed legend text. Treating copyrighted deliverables as automatically protected: The clause addresses copyright explicitly. The contractor may assert copyright in data first produced under the contract, but the government acquires a paid-up nonexclusive license. Asserting tighter restrictions than the clause permits is unenforceable against the government. Confusing FAR 52.227-14 with DFARS 252.227-7013/7014: The two regimes share concepts but differ in language, marking requirements, and challenge procedures. Using DFARS-style legends on a civilian-agency contract may not assert the rights the contractor intends. Missing the alternate selection in the clause matrix: Alternate II for research contracts, Alternate IV for some agencies, Alternate V for copyright handling, all change the analysis. A research contractor analyzing rights under the base clause when Alternate II applies will get the wrong answer.
What audit-flag patterns are associated with FAR 52.227-14?: Auditors and contracting officers commonly flag: Civilian-agency deliverables with no restrictive legend on items the contractor later asserts as limited rights; Copyright assertions inconsistent with the clause's paid-up license to the government; Use of DFARS-style legends on FAR 52.227-14 deliverables; Pre-existing limited-rights data not listed in the proposal response; Restricted computer software delivered without the prescribed legend.

Sources

FAR clause text — acquisition.gov/far/52.227-14
Live regulatory text — eCFR (Title 48)
DCAA Contract Audit Manual — dcaa.mil/Guidance/CAM
Plain-English methodology — FieldLedger methodology

Snapshot date: 2026-05-08. Clause text is binding only as of the version incorporated into your specific contract — check acquisition.gov for the live regulatory text.