DFARS 227.7103-15 Subcontractor rights in technical data

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 227.7103-15
Type
Subsection
Supplements
FAR Part 27 Patents, Data, and Copyrights
Last amended
90 FR 41480 Effective Aug 25, 2025
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) 10 U.S.C. 3771 provides subcontractors at all tiers the same protection for their rights in data as is provided to prime contractors. The clauses at 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services, and 252.227-7037, Validation of Asserted Restrictions on Technical Data, implement the statutory requirements.

(b) 10 U.S.C. 3782 permits a subcontractor to transact directly with the Government matters relating to the validation of its asserted restrictions on the Government's rights to use or disclose technical data. The clause at 252.227-7037 obtains a contractor's agreement that the direct transaction of validation or challenge matters with subcontractors at any tier does not establish or imply privity of contract. When a subcontractor or supplier exercises its right to transact validation matters directly with the Government, contracting officers shall deal directly with such persons, as provided at 227.7103-13 (c)(3).

(c) Require prime contractors whose contracts include the following clauses to include those clauses, without modification except for appropriate identification of the parties, in contracts with subcontractors or suppliers, at all tiers, who will be furnishing technical data for other than commercial products or commercial services in response to a Government requirement:

(1) 252.227-7013, Rights in Technical Data—Other Than Commercial Products and Commercial Services.

(2) 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

(3) 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government.

(4) 252.227-7037, Validation of Asserted Restrictions on Technical Data.

(d) Do not require contractors to have their subcontractors or suppliers at any tier relinquish rights in technical data to the contractor, a higher tier subcontractor, or to the Government, as a condition for award of any contract, subcontract, purchase order, or similar instrument except for the rights obtained by the Government under the Rights in Technical Data–Other Than Commercial Products and Commercial Services clause contained in the contractor's contract with the Government.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement; Technical Amendments 90 FR 41480 · Docket DARS-2025-0001
Defense Federal Acquisition Regulation Supplement: Definition of “Commercial Item” (DFARS Case 2018-D066) 88 FR 6578 · Docket DARS-2022-0004
Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018) 87 FR 76988 · Docket DARS-2022-0031

Sections cited

  • DFARS 252.227-7037 Validation of Asserted Restrictions on Technical Data
  • DFARS 227.7103-13(c)(3) Government right to review, verify, challenge, and validate asserted restrictions
  • DFARS 252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services
  • DFARS 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends
  • DFARS 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

Quick answers

What is DFARS 227.7103-15?

DFARS 227.7103-15 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Subcontractor rights in technical data".

When was DFARS 227.7103-15 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement; Technical Amendments" (90 FR 41480), published Aug 25, 2025 and effective Aug 25, 2025.

Are changes to DFARS 227.7103-15 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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