2-14.9 Limited and Restricted Rights

The use of private funds for development affects the classification of data rights. If private funds were used, technical data may have to be acquired with limited rights, and computer software may have to be acquired with restricted rights.

In accordance with Provision 8-2: Representation of Rights in Data, the supplier must identify in its proposal the data (including subcontractor-furnished data) that it intends to identify as “limited rights data” or “restricted computer software,” or that it does not intend to provide as required. When the data are delivered to the Postal Service, the supplier places on the data the limited rights legend required by Provision 8-2: Representation of Rights in Data. The Postal Service has strict policies on keeping the limited and restricted classification, which include:

• Proof that private funds were used.
• Only certain portions of a product once modified or enhanced are deemed still made from private expense.
• Submitting correct markings (addressed in Clause 8-16: Postal Service Title in Technical Data and Computer Software).

If these policies are not followed, it is possible for the Postal Service to change the classification to “unlimited.” Clause 8-14: Acquisition of Additional Rights in Data addresses unlimited rights, direct license rights, and other rights.