The U.S. Air Force is falling short in managing data license rights in its major weapons system contracts, according to a recent report by the Department of Defense’s (DOD) inspector general (IG).
The report explains that although the Air Force generally integrated data license rights into contracts, it lacked consistent practices and documentation across programs. For example, program personnel are not required to attend training on intellectual property and data license rights – contributing to inconsistent application of acquisition guidance.
“As a result, the Air Force does not have reasonable assurance that it obtained intellectual property and data license rights as intended,” the IG wrote, warning the lapse could jeopardize technological superiority and security interests.
The DOD defines intellectual property as legally protected information – including technical data and software – developed by contractors during weapons system design and production. The government may obtain licenses to use this data, but only when requirements are clearly defined and enforced.
The audit found that while one program management office successfully defined and documented intellectual property requirements, three others failed to provide evidence showing how they validated the data needed to support acquisitions.
According to the report, the failures raise concerns about the Air Force’s ability to secure the rights necessary to use, modify, or disclose contractor-owned data critical to national defense.
“By not effectively and consistently integrating programs’ data license rights needs into contracts, the Air Force may have challenges sustaining weapon systems in a cost-effective manner to maintain technological superiority and preserve national security interests,” the report reads.
The IG recommended that the Assistant Secretary of Defense for Acquisition update existing intellectual property policy and include a responsibility for program management offices to maintain documentation that supports the defined and validated data requirements.
Pentagon contracting official agreed with the recommendations.
The Pentagon IG also recommended mandatory intellectual property training for Air Force acquisition personnel. While Air Force leadership acknowledged the intent, they did not address the specifics, leaving the issue unresolved. The IG requested a response within 30 days.