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

DFARS 227.7103-15 Subcontractor 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 protects subcontractors' rights in technical data by giving them the same protections as prime contractors and allowing them to deal directly with the Government on validation matters. It also requires prime contractors to flow down certain technical data clauses to subcontractors and suppliers at all tiers, and prohibits forcing subcontractors to give up data rights as a condition of award.

Applies to: Prime contractors and subcontractors or suppliers at all tiers furnishing technical data for other than commercial products or commercial services under DoD contracts

What it requires

  • Include the specified clauses, without modification except for identifying the parties, in contracts with subcontractors or suppliers at all tiers who will furnish technical data for other than commercial products or commercial services in response to a Government requirement
  • Do not require subcontractors or suppliers at any tier to relinquish rights in technical data to the contractor, a higher tier subcontractor, or the Government as a condition for award, except for rights obtained by the Government under the Rights in Technical Data clause in the contractor's contrac

Key terms: technical data · subcontractor · prime contractor · validation of asserted restrictions · privity of contract

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

The text

(a) 10 U.S.C. 3771 provides subcontractors at all tiers the same protection for their rights in data as is provided to prime contractors. The clauses at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, and 252.227-7037, Validation of Asserted Restrictions on Technical Data, implement the statutory requirements.

(b) 10 U.S.C. 3782 permits a subcontractor to transact directly with the Government matters relating to the validation of its asserted restrictions on the Government's rights to use or disclose technical data. The clause at 252.227-7037 obtains a contractor's agreement that the direct transaction of validation or challenge matters with subcontractors at any tier does not establish or imply privity of contract. When a subcontractor or supplier exercise its right to transact validation matters directly with the Government, contracting officers shall deal directly with such persons, as provided at 227.7103-13(c)(3).

(c) Require prime contractors whose contracts include the following clauses to include those clauses, without modification except for appropriate identification of the parties, in contracts with subcontractors or suppliers, at all tiers, who will be furnishing technical data for other than commercial products or commercial services in response to a Government requirement:

(1) 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services.

(2) 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

(3) 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government.

(4) 252.227-7037, Validation of Asserted Restrictions on Technical Data.

(d) Do not require contractors to have their subcontractors or suppliers at any tier relinquish rights in technical data to the contractor, a higher tier subcontractor, or to the Government, as a condition for award of any contract, subcontract, purchase order, or similar instrument except for the rights obtained by the Government under the Rights in Technical Data—Other Than Commercial Products and Commercial Services clause contained in the contractor's contract with the Government.

Sections it refers to

  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 252.227-7037 Validation of Asserted Restrictions on Technical Data.
  • 227.7103-13 Government right to review, verify, challenge, and validate asserted restrictions.
  • 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
  • 252.227-7028 Technical data or computer software previously delivered to the government.

Sections that refer to it

  • 227.7203-15 Subcontractor rights in computer software or computer software documentation.

← 227.7103-14 Conformity, acceptance, and warranty of technical data. · 227.7103-16 Providing technical data to foreign governments, foreign contractors, or international organizations. →

Rule changes for DFARS Part 227

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

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