Clauses · DFARS · Data rights
DFARS 252.227-7016 Rights in Bid or Proposal Information
Does the regulation require it to flow down?
Yes
(f): include the clause 'in all subcontracts or similar contractual instruments and require its subcontractors or suppliers to do so' — no threshold and no subject-matter condition
- Form
- verbatim ('without alteration, except to identify the parties')
- Reaches
- all tiers — (f) requires each sub to demand the same of its suppliers
Checked against acquisition.gov on 2026-08-04 · edition JAN 2023 · base v0.9.3 Read the text ↗
What it makes you produce
One item for your checklist.
Nothing to send, ever
There is no paperwork here. It is a rule you follow while you perform the work.
- 252.227-7016(b) and (c)(1)
Nothing to send. It fences what the Government may do with the bid or proposal information you have already handed over — reproduction for evaluation before award, use inside the Government after it
Owed when your bid or proposal information is in the Government's hands; the fence changes at award, and release outside the Government needs your written permission
When it is used
Comes in with the noncommercial data rights package (prescriptions 227.7103-6(e)(1), 227.7104-4(b)(1), or 227.7203-6(b)) when the acquisition involves technical data or software; no dollar threshold. Before award, the government uses the proposal only for evaluation; after, internal use only — except what is delivered as technical data/software, which follows the rights clauses.
Read closely
Anything you deliver as technical data or software is governed by 252.227-7013 or 252.227-7014 instead ((c)(2)), so the protection here stops where the deliverables start. Paragraph (f) carries the clause into your own subcontracts with no dollar threshold and no subject-matter test.
The 14 templates that name it, with the line
Source: acquisition.gov, DFARS 252.227-7016; prescriptions 227.7103-6(e)(1), 227.7104-4(b)(1), 227.7203-6(b) (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.