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Clauses · DFARS · Data rights

DFARS 252.227-7026 Deferred Delivery of Technical Data or Computer Software

Does the regulation require it to flow down?

No

No paragraph mandating inclusion in subcontracts, but the text expressly covers data 'required to be prepared by a subcontractor' — the prime mirrors the clause in the sub (back-to-back) because, without it, it owes the government for 2 years a data item it has no way to demand from the sub.

A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.

Checked against acquisition.gov on 2026-08-11 · edition APR 1988 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Something you write

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

    • The data or software items marked deferred delivery in the order

      Owed when the Government calls for them — at any time during performance and up to two years after acceptance of everything else or termination, whichever is later

      DFARS 252.227-7026

When it is used

Prescribed at 227.7103-8(a): the contract identifies data/software to be delivered but marks items as 'deferred delivery'. The government can order delivery up to 2 years after acceptance of all items (other than data/software) or contract termination, whichever is later. For data prepared by a subcontractor, the prime's obligation expires 2 years after it accepts the sub's last delivery of that item.

Read closely

Nothing is due on signature; what the clause costs is keeping those files retrievable and deliverable for the whole window. Where the item was prepared by a supplier of yours, the window runs two years from your acceptance of that supplier's last delivery.

The 13 templates that name it, with the line
143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 433155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 468233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 154960Raytheon TC-003 — Supplement 2: Government Contract Provisions from the DFARSRTXline 140166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2507166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2444168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2541255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1378243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2287240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2684273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1284107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 940178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1301

Source: acquisition.gov, DFARS 252.227-7026. CODIFIED REGIME, read 2026-08-11 on the part-252 page at DFARS Change 5/7/2026: "As prescribed in 227.7103-8(a), use the following clause:" with designation (APR 1988). DEVIATION REGIME, read 2026-08-11 in acquisition.gov/sites/default/files/page_file_uploads/DoD_RFO_Deviation_Part-27.pdf (1125972 bytes, 117 pages, DARS Tracking Number 2026-O0036, "Effective February 1, 2026, contracting officers shall use"): the memo prints "252.227-7026 [Reserved]" and rewrites 227.7103-8 as "Deferred ordering of technical data", directing a reader to "the clause at 252.227-7995, Deferred Ordering of Technical Data or Computer Software", which the memo prescribes at 227.7103-6(h) and designates (DEVIATION 2026-O0036). The codified 252.227-7027, Deferred Ordering, appears in the memo zero times. THE REGIMES DIVERGE AND THE DIVERGENCE IS THE WHOLE ANSWER: the deferred-DELIVERY clause this entry is about is alive codified and RESERVED under the deviation, and the deferred-ORDERING pair 252.227-7027 is replaced by 252.227-7995. A sub holding a document that cites 252.227-7026 and a DoD contracting officer applying the deviation are not looking at the same instrument. Whether this entry's verdict moves is a ruling and is left to one. TO RE-DERIVE WITHOUT REDOING THE RESEARCH: fetch that PDF, run pdftotext -layout over it, and grep for 252.227-7026 — 1 occurrences on 2026-08-11, poppler pdftotext. (verified 2026-08-11)

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.