Technical Data vs. Nontechnical Data in DoD Contracts

A Practical Guide for Contract Data Management Professionals

In Department of Defense (DoD) contracts, understanding the distinction between technical data and nontechnical data is essential to effective contract data management.

This distinction impacts:

  • Data rights assertions
  • CDRL requirements
  • Compliance posture
  • Intellectual property protection
  • Contract performance risk

Yet many program teams use these terms interchangeably — creating avoidable legal and contractual exposure.

This guide clarifies the difference between technical and nontechnical data in DoD contracts and explains why contract data professionals must understand both.

What Is Technical Data in DoD Contracts?

Under the DFARS, technical data generally refers to recorded information of a scientific or technical nature related to items, components, or processes.

Technical data includes:

  • Engineering drawings
  • Specifications
  • Standards
  • Interface control documents
  • Manufacturing process descriptions
  • Test procedures and results
  • Technical manuals

Technical data does not include computer software, although it may include documentation related to software.

Technical data is governed primarily under:

  • DFARS 252.227-7013 (Rights in Technical Data – Noncommercial Items)
  • DFARS 252.227-7015 (Technical Data – Commercial Items)

Understanding whether a deliverable constitutes technical data determines which rights framework applies.

What Is Nontechnical Data in DoD Contracts?

Nontechnical data refers to contractual deliverables that do not contain scientific or engineering information but are still required under the contract.

Examples include:

  • Program management reports
  • Financial reports
  • Contract status reports
  • Integrated master schedules
  • Quality assurance documentation
  • Risk management plans

Nontechnical data may still be delivered through CDRLs and may still require review for compliance — but it is not governed by the same DFARS data rights clauses as technical data.

Misclassifying nontechnical data as technical data (or vice versa) can lead to improper rights markings or compliance errors.

Why the Distinction Matters in DoD Contract Data Management

The classification of data as technical or nontechnical directly affects:

1️⃣ Data Rights

Technical data may be delivered with:

  • Unlimited Rights
  • Government Purpose Rights
  • Limited Rights
  • Specifically Negotiated License Rights

Nontechnical data typically does not trigger the same statutory technical data rights framework.

2️⃣ Marking Requirements

Technical data subject to DFARS clauses requires specific marking formats.

Incorrect markings can result in:

  • Government challenges
  • Loss of protection
  • Mandatory corrective action

Nontechnical data does not follow the same marking structure.

3️⃣ CDRL Interpretation

Many CDRLs reference DIDs that contain mixed content — both technical and nontechnical elements.

Effective contract data managers review:

  • The DID language
  • The governing DFARS clauses
  • Any data rights assertions submitted at proposal

This prevents downstream disputes.

Common Mistakes in Data Classification

Mistake 1: Assuming All CDRL Deliverables Are Technical Data

Not all CDRLs involve technical data. Some are purely management or reporting deliverables.

Mistake 2: Applying DFARS Markings to Nontechnical Reports

Over-marking nontechnical data can create unnecessary review friction.

Mistake 3: Ignoring Data Classification During Proposal Phase

Data rights strategy begins before contract award. Misclassification during proposal development can restrict future rights negotiations.

The Role of the Data Manager in Data Classification

A professional Data Manager in DoD contracts should:

  • Review applicable DFARS clauses at award
  • Identify which CDRLs contain technical data
  • Coordinate with contracts and legal teams
  • Validate markings prior to submission
  • Ensure alignment with proposal data rights assertions

Technical data vs. nontechnical data is not simply a legal issue — it is an operational contract management issue.

Final Perspective

In DoD contracts, data classification directly impacts intellectual property protection and Government rights.

Organizations that understand the difference between technical and nontechnical data:

  • Reduce compliance risk
  • Strengthen negotiation posture
  • Improve submission accuracy
  • Protect proprietary information

Clear classification supports disciplined contract data management.

Ready to Strengthen Your Contract Data Management Framework?

The Level 1: DoD Unclassified Contract Data Management course at Contract Data Management Institute provides structured training on:

  • CDRL analysis
  • DID interpretation
  • Data rights fundamentals
  • DFARS clause awareness
  • Submission validation processes

If you manage contractual deliverables in defense programs, understanding technical vs. nontechnical data is essential to protecting both compliance and intellectual property.

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