Clauses · DFARS · Data rights
DFARS 252.227-7037 Validation of Asserted Restrictions on Technical Data
Does the regulation require it to flow down?
Yes
Subcontracts with technical data deliveries
- Form
- substance ((l) says 'insert this clause' without the 'without alteration' formula — a noted difference versus 7014/7015)
- Reaches
- any tier that requires delivery of technical data, including commercial subs; the CO can handle the challenge directly with the sub through the prime ((k) Privity)
Checked against acquisition.gov on 2026-08-04 · edition JAN 2025 · base v0.9.3 Read the text ↗
What it makes you produce
2 items for your checklist, slowest first.
Something you write
Days to weeks, and nobody outside your company has to agree to it.
- 252.227-7037(e)
A written justification answering the challenge
Owed when a written challenge notice arrives, stating the specific grounds — the time to answer is the one the notice sets
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.
- 252.227-7037(c)
Nothing to send now: the records that justify every restriction asserted on delivered technical data are what a challenge to it is decided on
Owed when you or a supplier at any tier asserted a restriction on technical data delivered, required to be delivered, or otherwise provided under the order
When it is used
Accompanies 7013/7014/7015: solicitations/contracts (including FAR Part 12) with technical data deliveries — after the merger with the old 7019, also on the software side (227.7203-6(f)).
Read closely
The window is long: a marking can be challenged for six years after final payment or delivery of the data, whichever is later, and there is no limit at all where the restriction was fraudulent. Paragraph (d) is a request for information rather than a challenge, and answering that costs far less than answering (e). Paragraph (k) lets the Government deal with a supplier directly.
The 18 templates that name it, with the line
Source: acquisition.gov, DFARS 252.227-7037, 227.7102-4 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.