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  3. Acquiring and Enforcing The Government's Rights In Technical Data and Computer Software Under Department of Defense Contracts

Acquiring and Enforcing the Government's Rights in Technical Data and Computer Software Under Department of Defense Contracts

Last Updated : 04/18/2024


The ninth edition of this comprehensive handbook, issued by the Office of the Staff Judge Advocate, Space and Missile Systems Center provides defense acquisition and sustainment professionals across the Department of Defense a detailed "cradle-to-grave" approach to acquiring technical data and computer software rights at each of the following stages:

  • Drafting the Capability Development Document (CDD)  
  • Drafting the Acquisition Strategy and Life-Cycle Sustainment Plan  
  • Drafting each section of the Request for Proposals (RFP) 
  • Competitive or sole-source negotiations prior to award 
  • Post-award issues  

This handbook also describes how to implement at each of those stages the statutory mandate that major defense acquisition programs that will receive Milestone A or Milestone B approval shall be designed and developed, to the maximum extent practicable, with a Modular Open System Approach (MOSA) to enable incremental development and enhance competition, innovation, and interoperability.

Processes Supported

Potential Organizations Associated

  • Air Force/ Space Force
  • Army
  • Defense Agencies
  • Navy/ Marine Corps
  • OSD/ Joint Staff

License Requirement

  • No fee for Government users

Integrated Product Support (IPS) Elements Addressed


This government tool is included in the product support analytical tools database to assist defense acquisition workforce members with identifying product support solutions which potentially optimize system readiness and life cycle cost. The analytical tools database itself should under no circumstances be considered all-encompassing; nor does it in any way warrant or endorse the capabilities, pricing, and/or products of any particular individual, company, capability, or organization. Suggested updates to the description of this particular tool or additions to the tools database are welcome.


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