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

DFARS 227.7103-11 Contractor procedures and records.

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 describes recordkeeping and procedure requirements tied to certain DFARS clauses about technical data rights. It says contractors and their subcontractors or suppliers who deliver technical data with less than unlimited rights must have written procedures for restrictive markings and keep records justifying those restrictions. It matters because failing to maintain these records can undermine the validity of asserted restrictions on delivered data.

Applies to: Contractors, subcontractors, and suppliers delivering technical data with other than unlimited rights under Government contracts

What it requires

  • Establish and follow written procedures to assure restrictive markings are used only when authorized
  • Maintain records to justify the validity of asserted restrictions on delivered data
  • Maintain records sufficient to justify the validity of restrictive markings on technical data delivered or to be delivered

Key terms: technical data · unlimited rights · restrictive markings · asserted restrictions · subcontractors or suppliers

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

The text

(a) The clauses at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, and 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program, require a contractor, and its subcontractors or suppliers that will deliver technical data with other than unlimited rights, to establish and follow written procedures to assure that restrictive markings are used only when authorized and to maintain records to justify the validity of asserted restrictions on delivered data.

(b) The clause at 252.227-7037, Validation of Asserted Restrictions on Technical Data, requires contractors and their subcontractors at any tier to maintain records sufficient to justify the validity of restrictive markings on technical data delivered or to be delivered under a Government contract.

Sections it refers to

  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research Program and Small Business Technology Transfer Program.
  • 252.227-7037 Validation of Asserted Restrictions on Technical Data.

Sections that refer to it

← 227.7103-10 Contractor identification and marking of technical data to be furnished with restrictive markings. · 227.7103-12 Government right to establish conformity of markings. →

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 227.7103-11 Contractor procedures and records · SpendQuery