Contracts
Defense industry groups oppose NDAA right-to-repair data rights, Breaking Defense reports
Breaking Defense reports industry groups want an intellectual-property dispute process in place of proposed default government purpose rights to technical data and software.
Defense industry groups are urging Congress to replace right-to-repair provisions in the fiscal 2027 National Defense Authorization Act with an intellectual-property dispute process, Breaking Defense reported Nov. 9.1
Section 842 would require an Intellectual Property Ombudsman and a mediation process
fiscal 2027 National Defense Authorization Act
for technical data and software
would provide “independent, non-binding guidance” to contracting officers and companies on intellectual property matters
Reported by Breaking Defense
Sources
The House and Senate versions would give the Department of War default government purpose rights to technical data and software. Those rights would allow equipment repairs and data sharing with third parties doing work on government contracts. Companies seeking more restrictive rights would have to establish their entitlement through clear and convincing evidence.1
The Professional Services Council’s Nov. 4 letter supported Section 842 of the House Armed Services Committee chairman’s mark. It opposed House Section 861 and Senate Section 804. Fifteen industry organizations had backed the alternative in a Sept. 1 letter.1
That alternative would require an intellectual property ombudsman to provide independent, nonbinding guidance to contracting officers and companies. It would also establish mediation for intellectual-property disputes without going to court.1
House Section 861 would apply only to future contracts and does not explicitly exclude commercial items. Senate Armed Services Committee-approved Section 804 would allow funding clawbacks if the government found that a company unjustly obtained more restrictive rights that resulted in a sole-source contract.1
Lawmakers are working on a compromise version of the legislation. Breaking Defense’s unnamed sources said the final decision would likely rest with the armed services committees’ chairmen and ranking members.1
At an October event, Aerospace Industries Association senior director of acquisition policy Matt Murphy warned that default government purpose rights could discourage private funding of technology development, Breaking Defense reported. Project on Government Oversight senior defense policy analyst Virginia Burger told the outlet that default government purpose rights would open competition and force incumbents to offer better pricing, particularly on sustainment contracts.1
Sources (1)
- Breaking Defense: Defense industry takes aim at ‘right to repair’ as NDAA decision looms (Nov. 9, 2026) breakingdefense.com