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Clauses · DFARS · Data rights

DFARS 252.227-7027 Deferred Ordering of Technical Data or Computer Software

Deviation number 252.227-7995. DoD Class Deviation 2026-O0036 rewrites DFARS part 227 for the FAR overhaul. It prescribes 252.227-7995 in place of 252.227-7027, so a document written under it can cite 252.227-7995 instead. The two texts can differ. The source at the foot of this page says how.

Does the regulation require it to flow down?

No

No lettered flow-down paragraph, but the material reach includes data generated 'in the performance of this contract or any subcontract hereunder' — the prime mirrors the clause in the sub to be able to honor a government order for data sitting in the sub's hands.

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.

    • Any technical data or software generated in performing the order or a subcontract under it

      Owed when the Government orders it — during performance or within three years of acceptance of everything else, or of termination

      DFARS 252.227-7027

When it is used

Prescribed at 227.7103-8(b), for when the need for the data is uncertain. The government can order any technical data or software generated in performance of the contract 'or any subcontract hereunder', during performance or up to 3 years after acceptance of all items (other than data/software). The contractor gets paid for converting to format, reproducing, and delivering — the rights to the data itself are already inside the contract price.

Read closely

You are paid for converting it to the required form, reproducing it and delivering it; the rights themselves are already inside the price. In practice everything generated on the job stays potentially deliverable for three years, so version control and traceability are the real cost.

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 434155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 469233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 155060Raytheon TC-003 — Supplement 2: Government Contract Provisions from the DFARSRTXline 141166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2508166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2445168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2542255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1379243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2288240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2692273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1285107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 948178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1310

Source: acquisition.gov, DFARS 252.227-7027. CODIFIED REGIME, read 2026-08-11 on the part-252 page at DFARS Change 5/7/2026: "As prescribed at 227.7103-8(b), use the following clause:" with designation DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988). DEVIATION REGIME: the number appears ZERO times in the part-27 memo, which reserves the neighbouring 252.227-7026 outright and prescribes 252.227-7995 in place of both. The negative is asserted against the whole memo and not a window of it. TO RE-DERIVE WITHOUT REDOING THE RESEARCH: fetch 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"), run pdftotext -layout over it, and grep for 252.227-7027 — 0 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.