Comments on Proposed Amendment to Federal Procurement Regulations

GAO was requested to comment on a proposed amendment to the Federal Procurement Regulations which attempts to establish a uniform civilian agency policy in the area of providing coverage and applicable contract clauses regarding the acquisition of data, rights in data, and copyrights. GAO generally supports this effort, but found that: (1) users of the proposed regulations who procure computer software will be greatly aided if all applicable clauses are specifically identified in the table of contents or if a computer software section is separately provided; (2) the proposed sections do not provide sufficient guidance to contracting officers; (3) the proposed amendments should contain some specific guidance on Government rights to data developed by contractors using independent research and development funds supplied by the Government; and (4) some clarification or explanation of the requirements of the Freedom of Information Act may be needed with respect to data furnished to the Government.