whatbindsCheck your order

Clauses · DFARS · Data rights · provision

DFARS 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

Does the regulation require it to flow down?

No

It is a proposal provision with no flowdown rule. Primes repeat it in RFQs to subs when the sub will deliver data, to map what the government already has from that supplier and with what rights — direct input to the legend negotiation.

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 JUN 1995 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Something you fill in and send back

    Hours, once you know which one is missing.

    • An attachment to the offer identifying that data — the contract it was produced under, who received it most recently, and the limits on the Government's rights, including the earliest date any limitation expires

      Owed when you intend to deliver data or software with less than unlimited rights that is identical or substantially similar to something already produced for or delivered to the Government

      DFARS 252.227-7028

When it is used

A solicitation provision (not a performance clause), prescribed at 227.7103-6(d), 227.7104-4(b)(5), or 227.7203-6(e). It applies when the offeror will deliver data/software identical or substantially similar to something it has already delivered to the government with less than unlimited rights. In the proposal, you identify: the originating contract, the contract and agency of the most recent delivery, and the rights restrictions.

Read closely

Archive work rather than legal work, and it rides on the offer rather than on performance.

The 10 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 436155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 471233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 155260Raytheon TC-003 — Supplement 2: Government Contract Provisions from the DFARSRTXline 142255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1380243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2289240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2700273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1286107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 956178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1316

Source: acquisition.gov, DFARS 252.227-7028. CODIFIED REGIME, read 2026-08-11 on the part-252 page at DFARS Change 5/7/2026: "As prescribed in 227.7103-6(d), 227.7104-4(b)(5), or 227.7203-6(e), use the following clause:" with designation (JUN 1995). 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 provision head reads "As prescribed in 227.7103-6(f) or 227.7104-4(b)(4), use the following provision:" with the same designation (JUN 1995), and 227.7103-6(f) reads "Insert the provision at 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government, in solicitations when the resulting contract will require the contractor to deliver technical data." SAME NUMBER AND SAME DESIGNATION, MOVED AND SHORTENED PRESCRIPTION: three codified addresses become two, and the 227.7203-6(e) computer-software address is gone. TO RE-DERIVE WITHOUT REDOING THE RESEARCH: fetch that PDF, run pdftotext -layout over it, and grep for 252.227-7028 — 3 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.