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

DFARS 227.7102-2 Rights in 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 explains that the clause at 252.227-7015 gives the Government only specific license rights in technical data for commercial products, services, or processes. The Government generally may use the data internally but cannot use it to make more commercial products or share it with third parties without the contractor's written permission, except for emergency repair or overhaul and covered Government support contractors. If the Government needs more rights, it must negotiate a license agreement with the contractor and include it in the contract.

Applies to: Technical data pertaining to commercial products, commercial services, or commercial processes under DoD contracts

What it requires

  • Contracting activities must negotiate with the contractor if additional rights are needed
  • Any specific additional rights granted to the Government must be enumerated in a license agreement made part of the contract

Key terms: technical data · commercial products · commercial services · commercial processes · license agreement

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

The text

(a) The clause at 252.227-7015, Technical Data—Commercial Products and Commercial Services, provides the Government specific license rights in technical data pertaining to commercial products, commercial services, or commercial processes. DoD may use, modify, reproduce, release, perform, display, or disclose data only within the Government. The data may not be used to manufacture additional quantities of the commercial products and, except for emergency repair or overhaul and for covered Government support contractors, may not be released or disclosed to, or used by, third parties without the contractor's written permission. Those restrictions do not apply to the technical data described in 227.7102-1(a).

(b) If additional rights are needed, contracting activities must negotiate with the contractor to determine if there are acceptable terms for transferring such rights. The specific additional rights granted to the Government shall be enumerated in a license agreement made part of the contract.

Sections it refers to

Sections that refer to it

  • 218.170 Additional acquisition flexibilities.

← 227.7102-1 Policy. · 227.7102-3 Government right to review, verify, challenge, and validate asserted restrictions. →

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 227.7102-2 Rights in technical data · SpendQuery