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

DFARS 227.7103-3 Early identification of technical data to be furnished to the Government with restrictions on use, reproduction, or disclosure.

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 requires that technical data to be delivered to the Government with restrictions on use, reproduction, or disclosure be identified as early as possible, before delivery. It directs contracting officers to include DFARS provision 252.227-7017 in solicitations that contain the technical data rights clause at 252.227-7013, so offerors must identify and assert any such restrictions with their offer. After award, the clause at 252.227-7013 allows a contractor, under certain conditions, to make additional assertions of restrictions.

Applies to: Solicitations and contracts that include the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, and the offerors and contractors under them

What it requires

  • Identify, to the maximum extent practicable, technical data to be delivered to the Government with restrictions on use before delivery
  • Include the provision at 252.227-7017 in all solicitations that include the clause at 252.227-7013
  • Offerors must identify any technical data for which restrictions other than copyright on use, release, or disclosure are asserted
  • Offerors must attach the identification and assertions to the offer

Key terms: technical data · restrictions on use, reproduction, or disclosure · 252.227-7017 · 252.227-7013 · assertions of use, release, or disclosure restrictions

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

The text

(a) 10 U.S.C. 3772(a) requires, to the maximum extent practicable, an identification prior to delivery of any technical data to be delivered to the Government with restrictions on use.

(b) Use the provision at 252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions, in all solicitations that include the clause at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services. The provision requires offerors to identify any technical data for which restrictions, other than copyright, on use, release, or disclosure are asserted and to attach the identification and assertions to the offer.

(c) Subsequent to contract award, the clause at 252.227-7013 permits a contractor, under certain conditions, to make additional assertions of use, release, or disclosure restrictions. The prescription for the use of that clause and its alternate is at 227.7103-6 (a) and (b).

Sections it refers to

  • 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.
  • 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.
  • 227.7103-6 Contract clauses.

Sections that refer to it

  • 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.

← 227.7103-2 Acquisition of technical data. · 227.7103-4 License rights. →

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 227.7103-3 Early identification of technical data to be furnished to the Government with restrictions on use, reproduction, or disclosure · SpendQuery