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

DFARS 227.7102-4 Contract clauses.

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 tells contracting officers which technical data clauses to include in solicitations and contracts. It matters to contractors because the clause used determines which rights the Government gets in the technical data they deliver, and whether data developed at private expense stays protected. It also addresses vessel designs and contracts for commercial products or services under FAR part 12.

Applies to: Solicitations and contracts that require delivery of technical data, including FAR part 12 commercial acquisitions

Key terms: technical data · commercial products · commercial services · commercial components · vessel design

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

The text

(a)(1) Except as provided in paragraph (b) of this section, use the clause at 252.227-7015, Technical Data—Commercial Products and Commercial Services, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when the contractor will be required to deliver technical data pertaining to commercial products, commercial components, commercial services, or commercial processes.

(2) Use the clause at 252.227-7015 with its Alternate I in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, for the development or delivery of a vessel design or any useful article embodying a vessel design.

(b) In accordance with the clause prescription at 227.7103-6(a), use the clause at 252.227-7013, Rights in Technical Data- Other Than Commercial Products and Commercial Services, in addition to the clause at 252.227-7015, if the Government will have paid for any portion of the development costs of a commercial item. The clause at 252.227-7013 will govern the technical data pertaining to any portion of a commercial product or commercial service that was developed in any part at Government expense, and the clause at 252.227-7015 will govern the technical data pertaining to any portion of a commercial item that was developed exclusively at private expense.

(c) Use the clause at 252.227-7037, Validation of Asserted Restrictions on Technical Data, in solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services that include the clause at 252.227-7015 or the clause at 252.227-7013.

Sections it refers to

  • 252.227-7015 Technical Data—Commercial Products and Commercial Services.
  • 227.7103-6 Contract clauses.
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 252.227-7037 Validation of Asserted Restrictions on Technical Data.

Sections that refer to it

  • 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
  • 227.7103-6 Contract clauses.
  • 227.7104-2 Rights in SBIR or STTR data.
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 252.227-7015 Technical Data—Commercial Products and Commercial Services.
  • 252.227-7037 Validation of Asserted Restrictions on Technical Data.

← 227.7102-3 Government right to review, verify, challenge, and validate asserted restrictions. · 227.7103 Other than commercial products, commercial services, or commercial processes. →

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 227.7102-4 Contract clauses · SpendQuery