252.227-7013 — Rights in Technical Data—Noncommercial Items
Researched by the BidStride Research Team
What This Clause Requires
Governs the Government's rights in technical data for noncommercial items. Establishes unlimited rights, government purpose rights, limited rights, and specifically negotiated licenses.
Official Regulation Text
See 48 CFR 252.227-7013 for the full regulatory text. This clause establishes the framework for Government data rights in technical data for noncommercial items. The Government receives unlimited rights in data developed exclusively with Government funds, limited rights in data developed exclusively with private funds.
Compliance Checklist
- Identify all technical data with less than unlimited rights prior to delivery
- Attach restrictive markings to limited rights data
- Maintain records of all assertions of limited/restricted rights
- Challenge any improper restrictive markings within 60 days of delivery
Flow-Down to Subcontractors
Flow-down required
This clause must be included in subcontracts with all subcontractors at all tiers where the subcontractor will perform work covered by this clause. Typically appears in contract Sections H, I, J.
Related Clauses
Frequently Asked Questions
Unlimited rights allow the Government to use, disclose, reproduce, prepare derivative works, and release data in any manner for any purpose. Limited rights apply to data developed entirely at private expense — the Government can use it only internally, not share it with third parties.
GPR applies to data developed with mixed funding (partly Government, partly private). The Government can use the data for any Government purpose and release to contractors for Government purposes, but cannot use it for commercial competition against the developer. GPR typically expires after 5 years.
Apply the DFARS-prescribed restrictive marking legend to the data before delivery. The legend must identify the contract number, contractor name, and the specific limitation on use. Blanket assertions without proper markings are invalid.
The Government has 60 days after delivery to challenge a restrictive marking as improper. They can demand you substantiate your assertion with funding records. If you cannot, the marking is removed and the Government gets broader rights.
This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.