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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.227-7028 Technical data or computer software previously delivered to the government.

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 DFARS provision requires an offeror to attach to its offer an identification of any technical data or computer software it plans to deliver under the contract with other than unlimited rights that is identical or substantially similar to data or software it has already produced for, delivered to, or is obligated to deliver to the Government. The attachment must identify the relevant contract numbers, the most recent or upcoming delivery recipient, and any limitations on the Government's rights. It matters because it forces contractors to disclose prior or overlapping Government deliverables before award.

Applies to: Offerors responding to solicitations that include this provision

What it requires

  • Attach to the offer an identification of all documents or other media incorporating technical data or computer software intended to be delivered under this contract with other than unlimited rights that are identical or substantially similar to documents or media previously produced for, delivered t
  • In the attachment, identify the contract number under which the data or software were produced
  • In the attachment, identify the contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered
  • In the attachment, identify any limitations on the Government's rights to use or disclose the data or software, including, when applicable, the earliest date the limitations expire

Key terms: technical data · computer software · unlimited rights · other than unlimited rights · Offeror

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

The text

As prescribed in 227.7103-6(d), 227.7104-4(b)(5), or 227.7203-6(e), use the following provision:

Technical Data or Computer Software Previously Delivered to the Government (JUN 1995)

The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify—

(a) The contract number under which the data or software were produced;

(b) The contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered; and

(c) Any limitations on the Government's rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire.

(End of provision)

Sections it refers to

Sections that refer to it

  • 227.7103-6 Contract clauses.
  • 227.7103-15 Subcontractor rights in technical data.
  • 227.7104-4 Solicitation provisions and contract clauses.
  • 227.7203-6 Solicitation provisions and contract clauses.
  • 227.7203-15 Subcontractor rights in computer software or computer software documentation.

← 252.227-7027 Deferred ordering of technical data or computer software. · 252.227-7029 [Reserved] →

Rule changes for DFARS Part 252

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

DFARS 252.227-7028 Technical data or computer software previously delivered to the government · SpendQuery