![]() (i) Identify and specify the deliverable computer software in the contract or To obtain delivery of restricted computer software the contracting officer shall. (1) Alternate III of the clause at 52.227-14, enables the Government to require delivery of restricted computer software rather than allow the contractor to withhold such restricted computer software. (d) Protection of restricted computer software specified for delivery. (3) If data that would otherwise qualify as limited rights data is delivered as a computer database, the data shall be treated as limited rights data, rather than restricted computer software, for the purposes of paragraph (g) of the clause at 52.227-14. Where negotiations are based on an unsolicited proposal, the need for Alternate II of the clause at 52.227-14 should be addressed during negotiations or discussions, and if Alternate II was not included initially it may be added by modification, if needed, during contract performance. Where limited rights data are expected to be delivered, use Alternate II. This provision requests that an offeror state whether limited rights data are likely to be delivered. (2) The provision at 52.227-15, Representation of Limited Rights Data and Restricted Computer Software, helps the contracting officer to determine whether the clause at 52.227-14 should be used with its Alternate II. Government, for information or evaluation, or for emergency repair or overhaul work by the foreign government. (v) Release to a foreign government, or its instrumentalities, if required to serve the interests of the U.S. (iii) Use (except for manufacture) by other contractors participating in the Government's program of which the specific contract is a part. (ii) Evaluation by nongovernment evaluators. (i) Use (except for manufacture) by support service contractors. The following are examples of specific purposes that may be adopted by an agency in its supplement and added to the Limited Rights Notice of paragraph (g)(3) of Alternate II of the clause: ![]() Any disclosure by the Government shall be subject to prohibition against further use and disclosure by the recipient. Agencies shall not, without permission of the contractor, use limited rights data for purposes of manufacture or disclose the data outside the Government except as set forth in the Notice. The limited rights obtained by the Government are set forth in the Limited Rights Notice contained in paragraph (g)(3) of Alternate II. In addition, the contract may specifically identify data that are not to be delivered under Alternate II or which, if delivered, will be delivered with limited rights. To obtain delivery, the contract may identify and specify data to be delivered, or the contracting officer may require, by written request during contract performance, the delivery of data that has been withheld or identified to be withheld under paragraph (g)(1) of the clause. ![]() (1) The clause at 52.227-14 with its Alternate II enables the Government to require delivery of limited rights data rather than allow the contractor to withhold the data. (c) Protection of limited rights data specified for delivery. The alternate definition does not require that the data pertain to items, components, or processes developed at private expense but rather that the data were developed at private expense and embody a trade secret or are commercial or financial and confidential or privileged. For contracts that do not require the development, use, or delivery of items, components, or processes that are intended to be acquired by or for the Government, an agency may adopt the alternate definition of limited rights data set forth in Alternate I to the clause at 52.227-14. (b) Alternate definition of limited rights data. The basic clause at 52.227-14, Rights in Data - General, enables the contractor to protect qualifying limited rights data and restricted computer software by withholding the data from the Government and instead delivering form, fit, and function data. 27.404-2 Limited rights data and restricted computer software.
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