FAR and DFARS › FAR Part 12: Acquisition of Commercial Products and Commercial Services › Subpart 12.2
FAR 12.211 Technical data.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section limits the Government to acquiring only the technical data and rights customarily provided to the public for a commercial product or process, unless an agency-specific statute says otherwise. It also requires the contracting officer to presume that such data was developed exclusively at private expense and to include appropriate provisions and clauses in the solicitation and contract when technical data delivery is required.
Applies to: Contracts for commercial products that require delivery of technical data
What it requires
- The contracting officer shall presume that data delivered under a contract for commercial products was developed exclusively at private expense.
- When a contract for commercial products requires the delivery of technical data, the contracting officer shall include appropriate provisions and clauses delineating the rights in the technical data in addenda to the solicitation and contract.
Key terms: technical data · commercial product · developed exclusively at private expense · provisions and clauses · addenda
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
Except as provided by agency-specific statutes, the Government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial product or process. The contracting officer shall presume that data delivered under a contract for commercial products was developed exclusively at private expense. When a contract for commercial products requires the delivery of technical data, the contracting officer shall include appropriate provisions and clauses delineating the rights in the technical data in addenda to the solicitation and contract (see part 27 or agency FAR supplements).
← 12.210 Contract financing. · 12.212 Computer software. →
Rule changes for FAR Part 12
- Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Prohibition on Certain Semiconductor Products and Services ↗ · proposed 2026-02-17 · comments due 2026-04-20
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Ending Procurement and Forced Use of Paper Straws ↗ · proposed 2025-07-21 · comments due 2025-09-19
- Federal Acquisition Regulation: Small Business Participation on Certain Multiple-Award Contracts ↗ · proposed 2025-06-12
- Federal Acquisition Regulation: Small Business Participation on Certain Multiple-Award Contracts ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition ↗ · proposed 2025-01-15 · comments due 2025-03-17
- Federal Acquisition Regulation: Controlled Unclassified Information ↗ · proposed 2025-01-15 · comments due 2025-03-17
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.