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    Are there factors or CERs related to the cost of purchasing the TDP from the OEM?


    Answer

    Generally, the TDP is much cheaper to negotiate up front in a contract, than later toward the end of a contract when most people decide they want to buy it.  This is because the government loses negotiating power once a contract has been awarded, and then they decide to buy the data.
     
    Price for TDP is a negotiated price based on the type of data rights involved, not based on a specific CER (cost estimating relationship).  See DFARS 227.7103-5 and 252.227-7013 for definitions of the different types of DFARS data rights. There are three "pre-negotiated" licenses for technical data: unlimited rights, government purpose rights (GPR), and limited rights. Unlimited rights grants the Government the greatest rights and limited rights grants the least rights, with government purpose rights falling in-between. When none of these three pre-negotiated licenses fits the situation or meets the needs of the parties, "specifically negotiated license rights" can be negotiated, with terms tailored to fit the situation. In general, the greater the data rights purchased, the more expensive.  Also, the more actual data, drawings, hard copies, database information, etc. the more expensive.
     
    Before purchasing data rights, a government office should first ask some key questions.
     
    a) why do I need them? (contractor going out of business, future competition, or other reasons)
    b) what type of rights should we buy? (see above)
    c) can we afford to buy them? 
    d) what's the impact if we do not buy data rights now?  Later?
    e) what appropriation will be used to pay for them?
    f) what format should the data be in? (database, hard copy, excel, cad/cam designs, etc.)
    g) what will I do with the data once I get it?
    h) Is this a commercial item (DFARS 252.227-7015), or a unique item? 
     
    Also, keep in mind that DoD policy, per DFARS 227.103-1(a), is to purchase only the technical data, and the rights in that data, necessary to satisfy agency needs.
     
    The price from the Contractor perspective is based on the present value of the future rights it is giving up by releasing the technical data. In the case of government purpose rights, the contractor is giving up all future sales of the rights in that technical data anywhere in the Federal government and for any government purpose. That is why the price is typically so high for GPR. If one follows the DoD policy of buying only those rights the agency actually needs, specifically negotiated license rights can be tailored to meet only those needs...at a much lower price than for GPR. 
     
    Technical data, and associated data rights, are complicated. You should look to your contracting officer and legal office for additional guidance.
     

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