SpendQueryBeta

FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.71

DFARS 227.7102-1 Policy.

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 DFARS section limits what technical data the Department of Defense can acquire for commercial products, services, or processes to only what is customarily provided to the public, with three exceptions. It also protects contractors from having to provide additional technical information or relinquish rights to their data unless those exceptions apply. This matters because it reduces the data and rights contractors must give up when selling commercial items to DoD.

Applies to: DoD acquisitions of commercial products, commercial services, or commercial processes

What it requires

  • DoD shall acquire only the technical data customarily provided to the public with a commercial product, commercial service, or commercial process, except for the three listed exceptions.
  • Offerors and contractors shall not be required to furnish technical information related to commercial products, services, or processes that is not customarily provided to the public, except for the technical data described in paragraph (a).
  • Offerors and contractors shall not be required to relinquish or provide the Government rights to use, modify, reproduce, release, perform, display, or disclose technical data pertaining to commercial products, services, or processes, except for a transfer of rights mutually agreed upon or the techni
  • The Government's rights in a vessel design, and in any useful article embodying a vessel design, must be consistent with the Government's rights in technical data pertaining to the design.

Key terms: technical data · commercial product · commercial service · commercial process · form, fit, or function data

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) DoD shall acquire only the technical data customarily provided to the public with a commercial product, commercial service, or commercial process, except technical data that—

(1) Are form, fit, or function data;

(2) Are required for repair or maintenance of commercial products or commercial processes, or for the proper installation, operating, or handling of a commercial product, either as a stand alone unit or as a part of a military system, when such data are not customarily provided to commercial users or the data provided to commercial users is not sufficient for military purposes; or

(3) Describe the modifications made at Government expense to a commercial product, commercial service, or commercial process in order to meet the requirements of a Government solicitation.

(b) To encourage offerors and contractors to offer or use commercial products to satisfy military requirements, offerors, and contractors shall not be required, except for the technical data described in paragraph (a) of this section, to—

(1) Furnish technical information related to commercial products, commercial services, or commercial processes that is not customarily provided to the public; or

(2) Relinquish to, or otherwise provide, the Government rights to use, modify, reproduce, release, perform, display, or disclose technical data pertaining to commercial products, commercial services, or commercial processes except for a transfer of rights mutually agreed upon.

(c) The Government's rights in a vessel design, and in any useful article embodying a vessel design, must be consistent with the Government's rights in technical data pertaining to the design (10 U.S.C. 8687; 17 U.S.C. 1301(a)(3)).

Sections that refer to it

← 227.7102 Commercial products, commercial components, commercial services, or commercial processes. · 227.7102-2 Rights in technical data. →

Rule changes for DFARS Part 227

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 227.7102-1 Policy · SpendQuery