Under DFARS, the government's license to your technical data and software depends largely on who paid for development and whether you asserted and marked it correctly. We prepare data rights assertions, review deliverable markings and negotiate license terms so you keep the IP your business depends on. The work is a flat fee, quoted before we start.
At a glance
- Practice
- GovCon
- Pricing
- Flat fee, quoted before we start
- Included
- 6 deliverables
- Process
- 3 steps, one named attorney
- Where we work
- Slack, email or a call
When founders call us
The moments that usually bring a company to us for this work.
- 01
A solicitation asks for a list of technical data or software you intend to deliver with restrictions
- 02
You are delivering software built partly with private funds and partly under a government contract
- 03
A contracting officer has challenged a restrictive marking on your deliverable
- 04
A prime is asking for broader rights to your data than the government is receiving
What you get
Scoped in writing before we start. One flat fee for all of it.
- Data rights assertion list prepared for your proposal or contract
- Funding source analysis for key components, noted as fact-dependent
- Marking review for deliverables under DFARS 252.227-7013 and 252.227-7014
- Commercial software and commercial technical data licensing approach where applicable
- Specially negotiated license terms where standard categories do not fit
- Response support for marking challenges or validation inquiries
How it works
- 1
Trace development funding
We work with your engineers to map which components were privately funded.
- 2
Assert and mark
We prepare assertions and review markings so they match the DFARS requirements.
- 3
Negotiate rights
We negotiate license terms with the government or prime where there is room.
Mistakes we help you avoid
The ones we see most often, and catch before they cost you.
- Avoided
Delivering data without the required legends, which risks the government receiving unlimited rights
- Avoided
Mixing privately funded and government-funded code without records that show which is which
- Avoided
Missing the pre-award assertion list and having to justify late assertions
- Avoided
Treating commercial software as noncommercial and granting broader rights than necessary
Technical Data & IP Rights: questions founders ask
Clause 7013 governs rights in noncommercial technical data, such as drawings and specifications. Clause 7014 governs rights in noncommercial computer software and its documentation. Both use similar license categories, with the government's rights tied largely to who funded development.
Unlimited rights let the government use and disclose data for any purpose. Government purpose rights allow use within the government and for government purposes, typically for a set period before converting to unlimited. Limited rights for technical data and restricted rights for software apply to items developed exclusively at private expense and are the most protective.
Unmarked deliverables can be presumed to come with unlimited rights. DFARS provides limited procedures to correct omitted markings, but they have conditions and timing limits. It is far easier to get markings right before delivery.
Often yes, if it qualifies as commercial computer software, in which case the government generally takes the license customarily offered to the public, subject to federal law. Whether your product qualifies and which terms are acceptable depends on the facts. We review your license against federal requirements.
Get a flat-fee quote for Technical Data & IP Rights.
A short call with an attorney. You leave with a written scope and one fixed price.
Book a call