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

DFARS 227.7104-1 Policy.

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 not to force SBIR/STTR contractors to give up rights in technical data or computer software developed under those contracts, beyond the standard rights already identified elsewhere. It also says the Government may not exclude such items or software just because the Government's rights to use or disclose them are restricted, and it explains that SBIR/STTR data rights cover data delivered, developed, or generated under covered contracts, including phase III work.

Applies to: SBIR/STTR contractors and offerors, and the contracting officers handling their solicitations and awards

What it requires

  • Do not require an offeror to sell or relinquish rights in SBIR/STTR technical data or computer software as a condition of responsiveness or award, except for the standard rights identified at 227.7104-2.
  • Do not prohibit contractors or offerors from furnishing or offering items, components, processes, or software developed under a SBIR/STTR contract solely because the Government's rights may be restricted.

Key terms: SBIR/STTR · technical data · computer software · SBIR/STTR data rights · phase III work

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

The text

(a) Do not require an offeror, either as a condition of being responsive to a solicitation or as a condition for award, to sell or otherwise relinquish to the Government any rights in technical data related to items, components, or processes developed under a SBIR/STTR contract or any rights in computer software generated under a SBIR/STTR contract except for the standard rights identified at 227.7104-2.

(b) Do not prohibit contractors and offerors from furnishing or offering to furnish items, components, or processes developed under a SBIR/STTR contract or computer software generated under a SBIR/STTR contract solely because the Government's rights to use, modify, release, reproduce, perform, display, or disclose such computer software or technical data pertaining to those items, components, or processes may be restricted.

(c) Consistent with the guidance in this section, 227.7103-10(a)(5), 227.7203-10(a)(5), and other acquisition guidance applicable to SBIR/STTR solicitations, the Government may use information provided by offerors in response to a solicitation in the source selection process to evaluate the impact of proposed restrictions on the Government's ability to use or disclose technical data or computer software.

(d) SBIR/STTR data rights apply to SBIR/STTR data that are delivered, developed, or generated in the performance of a contract or agreement that is covered by SBIR/STTR policies, including contracts and subcontracts that include phase III work. Phase III work refers to work that derives from, extends, or completes an effort made under prior SBIR/STTR contracts or agreements, and is funded by sources other than SBIR/STTR programs (see PGI 227.7104-1).

(e) For SBIR/STTR data that is other than commercial technical data, and other than commercial computer software and computer software documentation, see—

(1) 227.7103-9 and 227.7203-9 for guidance on copyright licenses;

(2) 227.7103-10 and 227.7203-10 for guidance on contractor identification and marking of technical data and computer software to be furnished with restrictive markings;

(3) 227.7103-11 and 227.7203-11 for guidance on maintenance of contractor records; and

(4) 227.7103-12 and 227.7203-12 for guidance on nonconforming and unjustified markings.

Sections it refers to

  • 227.7104-2 Rights in SBIR or STTR data.
  • 227.7103-10 Contractor identification and marking of technical data to be furnished with restrictive markings.
  • 227.7203-10 Contractor identification and marking of computer software or computer software documentation to be furnished with restrictive markings.
  • 227.7103-9 Copyright.
  • 227.7203-9 Copyright.
  • 227.7103-11 Contractor procedures and records.
  • 227.7203-11 Contractor procedures and records.
  • 227.7103-12 Government right to establish conformity of markings.
  • 227.7203-12 Government right to establish conformity of markings.

Sections that refer to it

  • 227.7104-4 Solicitation provisions and contract clauses.

← 227.7104 Contracts under the Small Business Innovation Research Program and Small Business Technology Transfer Program. · 227.7104-2 Rights in SBIR or STTR data. →

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 227.7104-1 Policy · SpendQuery