DFARS 227.7105-2 Acquisition of existing works without modification

Subsection Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 227.7105-2
Type
Subsection
Supplements
FAR Part 27 Patents, Data, and Copyrights
Last amended
88 FR 6578 Effective Jan 31, 2023
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) Use the clause at 252.227-7021 , Rights in Data–Existing Works, in lieu of the clause at 252.227-7013 , Rights in Technical Data–Other Than Commercial Products and Commercial Services, in solicitations and contracts exclusively for existing works when—

(1) The existing works will be acquired without modification; and

(2) The Government requires the right to reproduce, prepare derivative works, or publicly perform or display the existing works; or

(3) The Government has a specific need to obtain indemnity for liabilities that may arise out of the content, performance, use, or disclosure of such data.

(b) The clause at 252.227-7021 provides the Government, and others acting on its behalf, a paid-up, non-exclusive, irrevocable, world-wide license to reproduce, prepare derivative works and publicly perform or display the works called for by a contract and to authorize others to do so for government purposes.

(c) A contract clause is not required to acquire existing works such as books, magazines and periodicals, in any storage or retrieval medium, when the Government will not reproduce the books, magazines or periodicals, or prepare derivative works.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement: Definition of “Commercial Item” (DFARS Case 2018-D066) 88 FR 6578 · Docket DARS-2022-0004

Sections cited

Quick answers

What is DFARS 227.7105-2?

DFARS 227.7105-2 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Acquisition of existing works without modification".

When was DFARS 227.7105-2 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Definition of “Commercial Item” (DFARS Case 2018-D066)" (88 FR 6578), published Jan 31, 2023 and effective Jan 31, 2023.

Are changes to DFARS 227.7105-2 proposed?

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

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