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Clauses · DFARS · Data rights

DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services

Deviation number 252.227-7989. DoD Class Deviation 2026-O0036 rewrites DFARS part 227 for the FAR overhaul. It prescribes 252.227-7989 in place of 252.227-7013, so a document written under it can cite 252.227-7989 instead. The two texts can differ. The source at the foot of this page says how.

Does the regulation require it to flow down?

Yes

Whenever technical data will be obtained from a sub for delivery to the government (100% private expense commercial portion → 252.227-7015; SBIR/STTR → 252.227-7018); using purchasing power to expand rights in the sub's data is prohibited

Form
verbatim (without alteration)
Reaches
all tiers

Checked against acquisition.gov on 2026-08-09 · edition AUG 2025 (Alts I, II) · base v0.9.3 Read the text ↗

What it makes you produce

5 items for your checklist, slowest first.

  1. Something somebody else has to issue you

    The same day if the issuer is one of your own suppliers, months if it is an assessor or an underwriter.

    • A license from the owner of any copyrighted material built into a deliverable, obtained for the Government, plus written approval and a statement of the license on the transmittal

      Owed when copyrighted material you do not own is going into technical data you will deliver

      252.227-7013(e)

  2. Something you write2

    Days to weeks, and nobody outside your company has to agree to it.

    • Every drawing, model or report delivered under the order carrying one of the legends the clause authorizes, applied before it leaves your building

      Owed when the data qualifies for a government purpose rights, limited rights or special license rights legend — restrictions can be asserted only by marking the deliverable

      252.227-7013(g)(1)
    • Written procedures that keep restrictive markings to what the order allows

      Owed when you or one of your suppliers will deliver technical data with other than unlimited rights

      252.227-7013(h)(1)

  3. Something you fill in and send back

    Hours, once you know which one is missing.

    • The attachment listing the technical data you will hand over with restrictions on it

      Owed when you intend to deliver technical data with a restrictive marking — nothing may be delivered marked unless it is on that list, and (f)(3) is the route for an assertion found after award

      252.227-7013(f)(2)

  4. Nothing to send now

    It does not hold the order. It decides what money moves later — what you can claim, what can be claimed from you, and what can be held back — and none of that changes after signature.

    • Nothing to send now: the records showing which money paid for the development are what a later challenge to your markings is decided on

      Owed when you or one of your suppliers will deliver technical data with other than unlimited rights

      252.227-7013(h)(2)

When it is used

Contracts under which noncommercial technical data (or commercial data developed with government funds) will be delivered.

Read closely

Technical data delivered without a legend reaches the Government with unlimited rights, and that is not reversible afterwards. Paragraph (l) is the one that says the tier above may not use its purchasing power to widen its rights in your data.

Alternates

  • Alt I · JAN 2025

    DFARS 227.7103-6(b)(1) — research contracts where public dissemination by the contractor serves the Government's interest.

    Alternate I adds the publish-for-sale election at paragraph (m): publish the delivered data for sale within 24 months, with notice to the contracting officer, and the Government stops publishing it for sale while it stays reasonably available. It moves rights, not the deliveries, the legends or the records.

  • Alt II · JAN 2025

    DFARS 227.7103-6(b)(2) — development or delivery of a vessel design or any useful article embodying one.

    Alternate II adds a vessel design definition and extends the Government's rights to articles embodying that design as far as its rights in the underlying data reach. What gets delivered, marked and recorded is the parent's.

The 18 templates that name it, with the line
76CORPDOC 2A — FAR/DFARS Flowdown Provisions for Commercial Products/Services under a DoD Prime ContractLockheed Martinline 291143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 231155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 252233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 1151Raytheon TC-001 — General Terms and Conditions of PurchaseRTXline 56560Raytheon TC-003 — Supplement 2: Government Contract Provisions from the DFARSRTXline 119166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 60469Northrop Grumman CTM-P-ST-002 — U.S. Government FFP or T&M Order for Commercial Products and ServicesNorthrop Grummanline 716166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 586168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 717255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1371243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 786240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2600106L3Harris LGL-50.F2 — General T&C and Flowdown Clauses for Commercial Products/Services under a U.S. Government ContractL3Harrisline 1739273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1267107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 89089AAR Government Services — C40 Purchase Order General Provisions, Non-Commercial Firm Fixed Price Items or ServicesAAR Corpline 3205178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1240

Source: acquisition.gov, DFARS 252.227-7013, codified text read at DFARS Change 5/7/2026, prescribed at 227.7102-4(b) and 227.7103-6(a) with designation (AUG 2025) and Alternates I and II (JAN 2025). RFO class deviation 2026-O0036 (DFARS part 227, effective 2026-02-01) is readable today and confirms from the primary source the consolidation the entry held on a secondary one: the string 7013 is absent from its 117 pages, and 227.7103-6(a)(1) directs a contracting officer to insert 252.227-7989 in its place. Both regimes read against their primary sources (verified 2026-08-09)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.