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FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.72

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

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 to ensure subcontractors and suppliers at all tiers get the same protection for their rights in computer software or documentation as prime contractors. It also requires prime contractors to flow down certain clauses to subcontractors and suppliers who furnish such software, and it prohibits forcing subcontractors to give up technical data rights as a condition of award, except as the Government already obtains under the applicable rights clause.

Applies to: Subcontractors and suppliers at all tiers furnishing computer software or computer software documentation, and prime contractors awarding subcontracts for such items.

What it requires

  • Provide subcontractors and suppliers at all tiers the same protection for their rights in computer software or documentation as prime contractors.
  • Include specified clauses without modification (except party identification) in subcontracts with subcontractors or suppliers furnishing computer software 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 the Government obtains under the applicable rights clause.

Key terms: subcontractor · supplier · computer software · computer software documentation · technical data

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

The text

(a) Subcontractors and suppliers at all tiers should be provided the same protection for their rights in computer software or computer software documentation as are provided to prime contractors.

(b) The clauses at 252.227-7019, Validation of Asserted Restrictions—Computer Software, and 252.227-7037, Validation of Asserted Restrictions on Technical Data, obtain a contractor's agreement that the Government's transaction of validation or challenge matters directly with subcontractors at any tier does not establish or imply privity of contract. When a subcontractor or supplier exercises its right to transact validation matters directly with the Government, contracting officers shall deal directly with such persons, as provided at 227.7203-13(c) for computer software and 227.7103-13(c)(3) for computer software documentation (technical data).

(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 who will be furnishing computer software in response to a Government requirement (see 227.7103-15(c) for clauses required when subcontractors or suppliers will be furnishing computer software documentation (technical data)):

(1) 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation;

(2) 252.227-7019, Validation of Asserted Restrictions—Computer Software;

(3) 252.227-7025, Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends; and

(4) 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government.

(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 provisions of the Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation clause contained in the contractor's contract with the Government.

Sections it refers to

  • 252.227-7019 Validation of Asserted Restrictions—Computer Software.
  • 252.227-7037 Validation of Asserted Restrictions on Technical Data.
  • 227.7203-13 Government right to review, verify, challenge, and validate asserted restrictions.
  • 227.7103-13 Government right to review, verify, challenge, and validate asserted restrictions.
  • 227.7103-15 Subcontractor rights in technical data.
  • 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
  • 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.

← 227.7203-14 Conformity, acceptance, and warranty of computer software and computer software documentation. · 227.7203-16 Providing computer software or computer software documentation 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.

DFARS 227.7203-15 Subcontractor rights in computer software or computer software documentation · SpendQuery