52.227-21 — Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.
Researched by the BidStride Research Team
What This Clause Requires
FAR 52.227-21 — Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.
Official Regulation Text
52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems. As prescribed in 27.409(j), insert the following clause: Technical Data Declaration, Revision, and Withholding of Payment—Major Systems (MAY 2014) (a) Scope of declaration. The Contractor shall provide, in accordance with 41 U.S.C. 2302(e)(7), the following declaration with respect to all technical data that relate to a major system and that are delivered or required to be delivered under this contract or that are delivered within 3 years after acceptance of all items (other than technical data) delivered under this contract unless a different period is set forth in the contract. The Contracting Officer may release the Contractor from all or part of the requirements of this clause for specifically identified technical data items at any time during the period covered by this clause. (b) Technical data declaration. (1) All technical data that are subject to this clause shall be accompanied by the following declaration upon delivery: Technical Data Declaration (JAN 1997) The Contractor, ________, hereby declares that, to the best of its knowledge and belief, the technical data delivered herewith under Government contract No. ________ (and subcontract ________, if appropriate) are complete, accurate, and comply with the requirements of the contract concerning such technical data. (End of declaration) (2) The Government may, at any time during the period covered by this clause, direct correction of any deficiencies that are not in compliance with contract requirements. The corrections shall be made at the expense of the Contractor. Unauthorized markings on data shall not be considered a deficiency for the purpose of this clause, but will be treated in accordance with paragraph (e) of the Rights in Data—General clause included in this contract. (c) Technical data revision. The Contractor also shall, at the request of the Contracting Officer, revise technical data that are subject to
Compliance Checklist
- The Contractor shall provide, in accordance with 41 U.S.C.
- 2302(e)(7), the following declaration with respect to all technical data that relate to a major system and that are delivered or required to be delivered under this contract or that are delivered within 3 years after acceptance of all items (other than technical data) delivered under this contract unless a different period is set forth in the contract.
- (1) All technical data that are subject to this clause shall be accompanied by the following declaration upon delivery: Technical Data Declaration (JAN 1997) The Contractor, ________, hereby declares that, to the best of its knowledge and belief, the technical data delivered herewith under Government contract No.
- The corrections shall be made at the expense of the Contractor.
- Unauthorized markings on data shall not be considered a deficiency for the purpose of this clause, but will be treated in accordance with paragraph (e) of the Rights in Data—General clause included in this contract.
- The Contractor also shall, at the request of the Contracting Officer, revise technical data that are subject to this clause to reflect engineering design changes made during the performance of this contract and affecting the form, fit, and function of any item (other than technical data) delivered under this contract.
- (1) At any time before final payment under this contract the Contracting Officer may withhold payment as a reserve up to an amount not exceeding $100,000 or 5 percent of the amount of this contract, whichever is less, if the Contractor fails to— (i) Make timely delivery of the technical data; (ii) Provide the declaration required by paragraph (b)(1) of this clause; (iii) Make the corrections required by paragraph (b)(2) of this clause; or (iv) Make revisions requested under paragraph (c) of this clause.
- (3) The withholding of any reserve under this clause, or the subsequent payment of the reserve, shall not be construed as a waiver of any Government rights.
Flow-Down to Subcontractors
Flow-down required
This clause must be included in subcontracts with no subcontractors where the subcontractor will perform work covered by this clause. Typically appears in contract Section Section I.
Frequently Asked Questions
FAR 52.227-21 (Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the ip category.
FAR 52.227-21 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.
Whether FAR 52.227-21 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.
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.