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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