Technical Data

Technical data is documentation that discloses critical technology. Under Canada's Technical Data Control Regulations, it means any blueprint, drawing, plan, instruction, computer software or other documentation, along with other technical information, that can be used or adapted to design, engineer, produce, manufacture, operate, repair, overhaul or reproduce equipment.

Canadian procurement guidance describes technical data in similar terms: information such as blueprints, drawings, plans, computer software or technical documentation that could be developed or adapted for use in military or space equipment. In federal contracting, the term is most often tied to military technical data, defence equipment and the information needed to support that equipment through its life cycle. You can read the regulatory wording in the Technical Data Control Regulations.

What the Technical Data Control Regulations cover

• The definition covers both physical and digital material, including blueprints, drawings, plans, instructions and computer software.
• It reaches any technical information that discloses critical technology, not only formal engineering drawings.
• The test is function: whether the information can be used or adapted to design, engineer, produce, manufacture, operate, repair, overhaul or reproduce equipment.

The regulations also set out how a certified contractor requests unclassified technical data. The request must be in writing and must state the intended use of the data.

Joint Certification Program and controlled goods

Canada and the United States share a certification system for contractors who need controlled unclassified military technical data. Under the Joint Certification Program (JCP), a contractor must be certified to bid on and work on Canadian or U.S. contracts involving that data. Certified contractors can receive unclassified requests for proposals and requests for quotes involving such data directly from the PSPC procurement officer, as described in the certified contractor roles and responsibilities.

Technical data also falls under the Controlled Goods Program. Where a solicitation or contract involves controlled goods, including technical data, the applicable controlled-goods clauses must be included. The CanadaBuys controlled goods guidance sets out this requirement for buyers.

Technical data in defence support contracts

Technical data is also a contract deliverable and a matter of data rights. DND airworthiness-related requirements can oblige a contractor to give Canada access to the engineering and technical data needed to perform the work. That includes data prepared by the contractor, its suppliers and its subcontractors. Where Canada holds contractual rights to the data, it must be transferred to Canada in an agreed format when the contract ends. The Technical Airworthiness Authority advisory describes these obligations.

In-service support work follows the same logic. A DND contract supporting the Royal Canadian Navy's Halifax-class ships included technical-data management and systems-engineering services, such as storing and managing ship documents and producing designs for equipment installations, according to the Government of Canada announcement.

Distributing technical data to bidders

PSPC supply guidance states that when technical data are sent to potential bidders from a source other than PSPC, the contracting officer must ensure that PSPC has the right to use the data. For DND requirements, the guidance identifies form PWGSC-TPSGC 1065, Request for Distribution of Technical Data. See the PSPC guidance in this publication and this one.

The Security Requirements Check List asks whether a supplier will need access to unclassified military technical data subject to the Technical Data Control Regulations. If so, the prime contractor and its subcontractors must be JCP certified. The Treasury Board form 350-103 carries that question.

What technical data means for a supplier

Read the solicitation to find out which kind of technical data is involved, because the obligations differ.

• Controlled unclassified military technical data: the prime and relevant subcontractors need JCP certification before accessing it.
• Controlled goods: comply with the Controlled Goods Program and the clauses in the solicitation or contract.
• Contract-deliverable or government-owned data: provide the access, formats, records and transfers the contract specifies.
• Bid-stage data: follow the solicitation's instructions for obtaining, protecting, using and returning it, and submit a written request stating the intended use where the regulations require one.

Confirm certification for your team and your subcontractors before the bid closes, since certification is a condition of access.