Which contract clauses should AI vendors expect in GSA solicitations about data rights?
GSA evidence points to FAR 52.227-15 and 52.227-16: offerors may need to identify limited-rights data or restricted software, and additional data can be ordered later.
AI-assisted and automatically checked against the linked primary sources.
Which clauses matter most in GSA solicitations?
Based on the supplied evidence, the clauses most likely to matter are FAR 52.227-15, Representation of Limited Rights Data and Restricted Computer Software, and FAR 52.227-16, Additional Data Requirements. Under 52.227-15, the solicitation states the Government’s known delivery requirements for data, and the offeror must represent whether proposed data includes limited rights data or restricted computer software. The clause also says any identification in the offer is not determinative after award. Under 52.227-16, the Contracting Officer may order data first produced or specifically used in performance, during performance or within 3 years after acceptance of all items to be delivered. That clause also preserves the contractor’s ability to withhold data the rights clause authorizes it to withhold and provides compensation for converting, reproducing, and delivering ordered data. The supplied GSA material confirms Part 552 covers solicitation provisions and contract clauses, but it does not show a separate AI-specific clause in the evidence provided.
Does the supplied evidence show a standalone AI government-use-rights clause?
- Expect FAR 52.227-15 to require an offeror representation about limited-rights data or restricted computer software.
- Expect FAR 52.227-16 to allow additional data orders during performance or within 3 years after acceptance.
- If data is ordered under 52.227-16, the contractor is compensated for conversion, reproduction, and delivery.
- The supplied evidence does not support claiming a separate AI-specific GSA clause.
Process
- 1
Check the solicitation for data-rights language
Look for FAR 52.227-15, FAR 52.227-16, and any GSAM Part 552 references.
- 2
Map proprietary deliverables
Identify whether any proposed data or software could be limited rights data or restricted computer software.
- 3
Prepare the offeror representation
Be ready to state whether the proposed data qualifies and list the items if it does.
- 4
Plan for later data orders
Account for the possibility that the contracting officer may order additional data for up to 3 years after acceptance.
Important note
Under FAR 52.227-15, an offeror’s identification of limited rights data or restricted computer software is not determinative if a contract is awarded.
Ready to Win Government Contracts?
Use Gov Contract Finder to discover relevant federal opportunities and prepare stronger bids.
Related Articles
How Should Contractors Plan for Budget Impasses and Continuing Resolutions?
FAR funding clauses control whether performance can start, continue, or stop when appropriations are delayed, and written notices govern liability.
Read more →What Do Federal Leadership Changes Mean for Small Business Contractors?
Leadership-driven FAR reform is pushing simpler rules, public updates on Acquisition.gov, and preserved small business set-aside protections.
Read more →What should FAA contractors know about the 2026 FAAAMS renewal notice?
The FAA is seeking comments on renewal of the FAA Acquisition Management System information collection, including solicitation and post-award information used in FAA contracting.
Read more →