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ARTICLE · 22 MARCH 2016

Protective Legends On Proprietary Data: Use Them Or "Waive" Your Rights Goodbye

Duane Morris LLP
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On the one hand, federal contractors must always be judicious in what data they mark as "Proprietary" under applicable data rights FAR clauses.

United StatesGovernment, Public Sector
Duane Morris
Duane Morris
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On the one hand, federal contractors must always be judicious in what data they mark as "Proprietary" under applicable data rights FAR clauses. If contractors over-designate data as "proprietary", the Government may be able to disregard those designations. See 48 C.F.R. § 52.227-14(e). On the other hand, data "delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights." 48 C.F.R. § 52.227-14(f)(1).  DynCorp International, LLC v. United States, No. 15-1397C (March 7, 2016), a recent U.S. Court of Federal Claims decision, provides a practical example of the perils of not designating certain profit and pricing data as "proprietary."

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