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

DFARS 227.7103-17 Overseas contracts with foreign sources.

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 when they may use a special foreign data rights clause, DFARS 252.227-7032, instead of the standard data rights clause, DFARS 252.227-7013, for contracts performed overseas. It applies when the Government needs unrestricted rights to all technical data delivered, and it excludes Canadian purchases and contracts for existing or special works.

Applies to: Overseas contracts with foreign contractors, excluding Canadian purchases

What it requires

  • Do not use the foreign data rights clause in contracts for existing or special works.
  • Include the appropriate data rights clause prescribed in this part for Canadian purchases.

Key terms: unrestricted right · technical data · computer software · foreign contractors · Canadian purchases

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

The text

(a) The clause at 252.227-7032, Rights in Technical Data and Computer Software (Foreign), may be used in contracts with foreign contractors to be performed overseas, except Canadian purchases (see paragraph (c) of this subsection), in lieu of the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, when the Government requires the unrestricted right to use, modify, reproduce, perform, display, release, or disclose all technical data to be delivered under the contract. Do not use the clause in contracts for existing or special works.

(b) When the Government does not require unlimited rights, the clause at 252.227-7032 may be modified to accommodate the needs of a specific overseas procurement situation. The Government should obtain rights in the technical data that are not less than the rights the Government would have obtained under the data rights clause(s) prescribed in this part for a comparable procurement performed within the United States or its outlying areas.

(c) Contracts for Canadian purchases shall include the appropriate data rights clause prescribed in this part for a comparable procurement performed within the United States or its outlying areas.

Sections it refers to

  • 252.227-7032 Rights in technical data and computer software (foreign).
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.

Sections that refer to it

  • 252.227-7032 Rights in technical data and computer software (foreign).

← 227.7103-16 Providing technical data to foreign governments, foreign contractors, or international organizations. · 227.7104 Contracts under the Small Business Innovation Research Program and Small Business Technology Transfer Program. →

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 227.7103-17 Overseas contracts with foreign sources · SpendQuery