Clauses · DFARS · Data rights
DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation
Does the regulation require it to flow down?
Yes
Whenever noncommercial software is obtained from a sub for delivery to the government; SBIR/STTR routes to 252.227-7018; any clause that enlarges or diminishes the sub's rights is prohibited ((l)(1)(iii))
- Form
- verbatim ('without alteration, except to identify the parties') — paragraph (l), NO longer (k): the current edition inserted a (k) 'Limitation on charges' and shifted the flow-down
- Reaches
- all tiers
Checked against acquisition.gov on 2026-08-04 · edition AUG 2025 · base v0.9.3 Read the text ↗
What it makes you produce
5 items for your checklist, slowest first.
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.
- 252.227-7014(e)
A license from the owner of any copyrighted software or documentation you did not write, obtained for the Government before delivery
Owed when third-party copyrighted software or documentation is going into what you will deliver
Something you write2
Days to weeks, and nobody outside your company has to agree to it.
- 252.227-7014(g)
Every copy of the software and its documentation delivered under the order carrying one of the legends the clause authorizes
Owed when the software qualifies for a government purpose rights or restricted rights legend — restrictions can be asserted only by marking the deliverable
- 252.227-7014(h)
Written procedures that keep restrictive markings to what the order allows
Owed when you or one of your suppliers will deliver software or documentation with other than unlimited rights
Something you fill in and send back
Hours, once you know which one is missing.
- 252.227-7014(f)(2)
The attachment listing the software and documentation you will hand over with restrictions on it
Owed when you intend to deliver software with a restrictive marking — nothing may be delivered marked unless it is on that list
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.
- 252.227-7014(h)
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 software or documentation with other than unlimited rights
When it is used
Contracts under which NONcommercial computer software or software documentation will be delivered (227.7203-6(a)(1)).
Read closely
The flow-down sits at paragraph (l) rather than (k) — the current edition inserted a limitation on charges at (k) and moved it. Government purpose rights run for a nominal five years, and software delivered unmarked reaches the Government with unlimited rights. Paragraph (l)(2) bars the tier above from using the award to widen its rights in your software.
Alternates
Alt I · JAN 2025
DFARS 227.7203-6(a)(2) — research contracts, CO determination after consulting counsel.
Alternate I adds the publish-for-sale election: publish the delivered software or documentation for sale within 24 months and the Government stops publishing it for sale while it stays reasonably available. The official prescription line calls it paragraph (l) while the current numbering makes it (m), and either way it moves rights rather than deliveries.
The 16 templates that name it, with the line
Source: acquisition.gov, DFARS 252.227-7014 and 227.7203-6 (verified 2026-08-04)
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.