252.227-7018 Rights in Other Than

Commercial Technical Data and Computer

Software—Small Business Innovation

Research (SBIR) Program.

As prescribed in 227.7104 (a), use the following clause:

RIGHTS IN OTHER THAN COMMERCIAL TECHNICAL DATA AND COMPUTER

SOFTWARE—SMALL BUSINESS INNOVATION RESEARCH (SBIR) PROGRAM (NOV 2023)

(a) Definitions. As used in this clause -

(1) Commercial computer software means software developed or regularly used for

nongovernmental purposes which -

(i) Has been sold, leased, or licensed to the public;

(ii) Has been offered for sale, lease, or license to the public;

(iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial

sale, lease, or license in time to satisfy the delivery requirements of this contract; or

(iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require

only minor modification to meet the requirements of this contract.

(2) Computer database means a collection of recorded data in a form capable of being processed by

a computer. The term does not include computer software.

(3) Computer program means a set of instructions, rules, or routines, recorded in a form that is

capable of causing a computer to perform a specific operation or series of operations.

(4) Computer software means computer programs, source code, source code listings, object code

listings, design details, algorithms, processes, flow charts, formulae, and related material that would

enable the software to be reproduced, re-created, or recompiled. Computer software does not

include computer databases or computer software documentation.

(5) Computer software documentation means owner's manuals, user's manuals, installation

instructions, operating instructions, and other similar items, regardless of storage medium, that

explain the capabilities of the computer software or provide instructions for using the software.

(6) Covered Government support contractor means a contractor (other than a litigation support

contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish

independent and impartial advice or technical assistance directly to the Government in support of

the Government's management and oversight of a program or effort (rather than to directly furnish

an end item or service to accomplish a program or effort), provided that the contractor -

(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or

with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing
end items or services of the type developed or produced on the program or effort; and

(ii) Receives access to the technical data or computer software for performance of a Government

contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of

Government-Furnished Information Marked with Restrictive Legends.

(7) Detailed manufacturing or process data means technical data that describe the steps, sequences,

and conditions of manufacturing, processing or assembly used by the manufacturer to produce an

item or component or to perform a process.

(8) Developed means -

(i) (Applicable to technical data other than computer software documentation.) An item, component,

or process, exists and is workable. Thus, the item or component must have been constructed or the

process practiced. Workability is generally established when the item, component, or process has

been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art

that there is a high probability that it will operate as intended. Whether, how much, and what type of

analysis or testing is required to establish workability depends on the nature of the item, component,

or process, and the state of the art. To be considered “developed,” the item, component, or process

need not be at the stage where it could be offered for sale or sold on the commercial market, nor

must the item, component or process be actually reduced to practice within the meaning of Title 35

of the United States Code;

(ii) A computer program has been successfully operated in a computer and tested to the extent

sufficient to demonstrate to reasonable persons skilled in the art that the program can reasonably be

expected to perform its intended purpose;

(iii) Computer software, other than computer programs, has been tested or analyzed to the extent

sufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be

expected to perform its intended purpose; or

(iv) Computer software documentation required to be delivered under a contract has been written,

in any medium, in sufficient detail to comply with requirements under that contract.

(9) Developed exclusively at private expense means development was accomplished entirely with

costs charged to indirect cost pools, costs not allocated to a government contract, or any

combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.

(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price

of the contract, the additional development costs necessary to complete development shall not be

considered when determining whether development was at government, private, or mixed expense.

(10) Developed exclusively with government funds means development was not accomplished

exclusively or partially at private expense.

(11) Developed with mixed funding means development was accomplished partially with costs

charged to indirect cost pools and/or costs not allocated to a government contract, and partially with

costs charged directly to a government contract.

(12) Form, fit, and function data means technical data that describe the required overall physical,

functional, and performance characteristics (along with the qualification requirements, if applicable)
of an item, component, or process to the extent necessary to permit identification of physically and

functionally interchangeable items.

(13) Generated means technical data or computer software first created in the performance of this

contract.

(14) Government purpose means any activity in which the United States Government is a party,

including cooperative agreements with international or multi-national defense organizations or sales

or transfers by the United States Government to foreign governments or international organizations.

Government purposes include competitive procurement, but do not include the rights to use, modify,

reproduce, release, perform, display, or disclose technical data or computer software for commercial

purposes or authorize others to do so.

(15) “Limited rights” means the rights to use, modify, reproduce, release, perform, display, or

disclose technical data, in whole or in part, within the Government. The Government may not,

without the written permission of the party asserting limited rights, release or disclose the technical

data outside the Government, use the technical data for manufacture, or authorize the technical data

to be used by another party, except that the Government may reproduce, release, or disclose such

data or authorize the use or reproduction of the data by persons outside the Government if -

(i) The reproduction, release, disclosure, or use is -

(A) Necessary for emergency repair and overhaul; or

(B) A release or disclosure to -

(1) A covered Government support contractor in performance of its covered Government support

contracts for use, modification, reproduction, performance, display, or release or disclosure to a

person authorized to receive limited rights technical data; or

(2) A foreign government, of technical data other than detailed manufacturing or process data, when

use of such data by the foreign government is in the interest of the Government and is required for

evaluational or informational purposes;

(ii) The recipient of the technical data is subject to a prohibition on the further reproduction, release,

disclosure, or use of the technical data; and

(iii) The contractor or subcontractor asserting the restriction is notified of such reproduction,

release, disclosure, or use.

(16) Minor modification means a modification that does not significantly alter the nongovernmental

function or purpose of computer software or is of the type customarily provided in the commercial

marketplace.

(17) Other than commercial computer software means software that does not qualify as commercial

computer software under the definition of “commercial computer software” of this clause.

(18) “Restricted rights” apply only to other than commercial computer software and mean the

Government's rights to -

(i) Use a computer program with one computer at one time. The program may not be accessed by

more than one terminal or central processing unit or time shared unless otherwise permitted by this

contract;
(ii) Transfer a computer program to another Government agency without the further permission of

the Contractor if the transferor destroys all copies of the program and related computer software

documentation in its possession and notifies the licensor of the transfer. Transferred programs

remain subject to the provisions of this clause;

(iii) Make a reasonable number of copies of the computer software required for the purposes of

safekeeping (archive), backup, modification , or other activities authorized in paragraphs (a)(18)(i),

(ii), and (iv) through (vii) of this clause ;

(iv) Modify computer software provided that the Government may -

(A) Use the modified software only as provided in paragraphs (a)(18)(i) and (iii) of this clause; and

(B) Not release or disclose the modified software except as provided in paragraphs (a)(18)(ii), (v),

(vi), and (vii) of this clause;

(v) Use, and permit contractors or subcontractors performing service contracts (see 37.101 of the

Federal Acquisition Regulation) in support of this or a related contract to use computer software to

diagnose and correct deficiencies in a computer program, to modify computer software to enable a

computer program to be combined with, adapted to, or merged with other computer programs or

when necessary to respond to urgent tactical situations, provided that -

(A) The Government notifies the party which has granted restricted rights that any such release or

disclosure to particular contractors or subcontractors was made;

(B) Such contractors or subcontractors are subject to the nondisclosure agreement at 227.7103-7 of

the Defense Federal Acquisition Regulation Supplement or are Government contractors receiving

access to the software for performance of a Government contract that contains the clause at

252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked

with Restrictive Legends;

(C) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer

the software, or use software decompiled, disassembled, or reverse engineered by the Government

pursuant to paragraph (a)(18)(iv) of this clause, for any other purpose; and

(D) Such use is subject to the limitations in paragraphs (a)(18)(i) through (iii) of this clause;

(vi) Use, and permit contractors or subcontractors performing emergency repairs or overhaul of

items or components of items procured under this or a related contract to use the computer software

when necessary to perform the emergency repairs or overhaul, or to modify the computer software

to reflect the repairs or overhaul made, provided that -

(A) The intended recipient is subject to the nondisclosure agreement at 227.7103-7 or is a

Government contractor receiving access to the software for performance of a Government contract

that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government

Furnished Information Marked with Restrictive Legends;

(B) The Government shall not permit the recipient to decompile, disassemble, or reverse engineer

the software, or use software decompiled, disassembled, or reverse engineered by the Government

pursuant to paragraph (a)(18)(iv) of this clause, for any other purpose; and

(C) Such use is subject to the limitations in paragraphs (a)(18)(i) through (iii) of this clause; and
(vii) Use, modify, reproduce, perform, display, or release or disclose computer software to a person

authorized to receive restricted rights computer software for management and oversight of a

program or effort, and permit covered Government support contractors in the performance of

covered Government support contracts that contain the clause at 252.227-7025, Limitations on the

Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, to use,

modify, reproduce, perform, display, or release or disclose the computer software to a person

authorized to receive restricted rights computer software, provided that -

(A) The Government shall not permit the covered Government support contractor to decompile,

disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse

engineered by the Government pursuant to paragraph (a)(18)(iv) of this clause, for any other

purpose; and

(B) Such use is subject to the limitations in paragraphs (a)(18)(i) through (iv) of this clause.

(19) “SBIR data rights” means the Government's rights during the SBIR data protection period

(specified in paragraph (b)(4) of this clause) to use, modify, reproduce, release, perform, display, or

disclose technical data or computer software generated a SBIR award as follows:

(i) Limited rights in such SBIR technical data; and

(ii) Restricted rights in such SBIR computer software.

(20) Technical data means recorded information, regardless of the form or method of the recording,

of a scientific or technical nature (including computer software documentation). The term does not

include computer software or financial, administrative, cost or pricing, or management information,

or information incidental to contract administration .

(21) Unlimited rights means rights to use, modify, reproduce, release, perform, display, or disclose,

technical data or computer software in whole or in part, in any manner and for any purpose

whatsoever, and to have or authorize others to do so.

(b) Rights in technical data and computer software. The Contractor grants or shall obtain for the

Government the following royalty-free, worldwide, nonexclusive, irrevocable license rights in

technical data or other than commercial computer software. All rights not granted to the

Government are retained by the Contractor.

(1) Unlimited rights. The Government shall have unlimited rights in technical data, including

computer software documentation, or computer software generated under this contract that are -

(i) Form, fit, and function data;

(ii) Necessary for installation, operation, maintenance, or training purposes (other than detailed

manufacturing or process data);

(iii) Corrections or changes to Government-furnished technical data or computer software;

(iv) Otherwise publicly available or have been released or disclosed by the Contractor or a

subcontractor without restrictions on further use, release or disclosure other than a release or

disclosure resulting from the sale, transfer, or other assignment of interest in the technical data or

computer software to another party or the sale or transfer of some or all of a business entity or its

assets to another party;
(v) Data or software in which the Government has acquired previously unlimited rights under

another Government contract or through a specific license; and

(vi) SBIR data upon expiration of the SBIR data rights period.

(2) Limited rights. The Government shall have limited rights in technical data, that were not

generated under this contract, pertain to items, components or processes developed exclusively at

private expense, and are marked, in accordance with the marking instructions in paragraph (f)(1) of

this clause, with the legend prescribed in paragraph (f)(2) of this clause.

(3) Restricted rights in computer software. The Government shall have restricted rights in other

than commercial computer software required to be delivered or otherwise furnished to the

Government under this contract that were developed exclusively at private expense and were not

generated under this contract.

(4) SBIR data rights. Except for technical data, including computer software documentation, or

computer software in which the Government has unlimited rights under paragraph (b)(1) of this

clause, the Government shall have SBIR data rights in all technical data or computer software

generated under this contract during the period commencing with contract award and ending upon

the date five years after completion of the project from which such data were generated.

(5) Specifically negotiated license rights. The standard license rights granted to the Government

under paragraphs (b)(1) through (b)(4) of this clause may be modified by mutual agreement to

provide such rights as the parties consider appropriate but shall not provide the Government lesser

rights in technical data, including computer software documentation, than are enumerated in

paragraph (a)(15) of this clause or lesser rights in computer software than are enumerated in

paragraph (a)(18) of this clause. Any rights so negotiated shall be identified in a license agreement

made part of this contract.

(6) Prior government rights. Technical data, including computer software documentation, or

computer software that will be delivered, furnished, or otherwise provided to the Government under

this contract, in which the Government has previously obtained rights shall be delivered, furnished,

or provided with the pre-existing rights, unless -

(i) The parties have agreed otherwise; or

(ii) Any restrictions on the Government's rights to use, modify, release, perform, display, or disclose

the technical data or computer software have expired or no longer apply.

(7) Release from liability. The Contractor agrees to release the Government from liability for any

release or disclosure of technical data, computer software, or computer software documentation

made in accordance with paragraph (a)(14), (a)(17), or (b)(4) of this clause, or in accordance with

the terms of a license negotiated under paragraph (b)(5) of this clause, or by others to whom the

recipient has released or disclosed the data, software, or documentation and to seek relief solely

from the party who has improperly used, modified, reproduced, released, performed, displayed, or

disclosed Contractor data or software marked with restrictive legends.

(8) Covered Government support contractors. The Contractor acknowledges that -

(i) Limited rights technical data and restricted rights computer software are authorized to be

released or disclosed to covered Government support contractors;

(ii) The Contractor will be notified of such release or disclosure;
(iii) The Contractor may require each such covered Government support contractor to enter into a

non-disclosure agreement directly with the Contractor (or the party asserting restrictions as

identified in a restrictive legend) regarding the covered Government support contractor's use of

such data or software, or alternatively that the Contractor (or party asserting restrictions) may

waive in writing the requirement for a non-disclosure agreement; and

(iv) Any such non-disclosure agreement shall address the restrictions on the covered Government

support contractor's use of the data or software as set forth in the clause at 252.227-7025,

Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive

Legends. The non-disclosure agreement shall not include any additional terms and conditions unless

mutually agreed to by the parties to the non-disclosure agreement.

(c) Rights in derivative computer software or computer software documentation. The Government

shall retain its rights in the unchanged portions of any computer software or computer software

documentation delivered under this contract that the Contractor uses to prepare, or includes in,

derivative software or documentation.

(d) Third party copyrighted technical data and computer software. The Contractor shall not, without

the written approval of the Contracting Officer, incorporate any copyrighted technical data,

including computer software documentation, or computer software in the data or software to be

delivered under this contract unless the Contractor is the copyright owner or has obtained for the

Government the license rights necessary to perfect a license or licenses in the deliverable data or

software of the appropriate scope set forth in paragraph (b) of this clause and, prior to delivery of

such -

(1) Technical data, has affixed to the transmittal document a statement of the license rights

obtained; or

(2) Computer software, has provided a statement of the license rights obtained in a form acceptable

to the Contracting Officer.

(e) Identification and delivery of technical data or computer software to be furnished with

restrictions on use, release, or disclosure. (1) This paragraph does not apply to technical data or

computer software that were or will be generated under this contract or to restrictions based solely

on copyright.

(2) Except as provided in paragraph (e)(3) of this clause, technical data or computer software that

the Contractor asserts should be furnished to the Government with restrictions on use, release, or

disclosure is identified in an attachment to this contract (the Attachment). The Contractor shall not

deliver any technical data or computer software with restrictive markings unless the technical data

or computer software are listed on the Attachment.

(3) In addition to the assertions made in the Attachment, other assertions may be identified after

award when based on new information or inadvertent omissions unless the inadvertent omissions

would have materially affected the source selection decision. Such identification and assertion shall

be submitted to the Contracting Officer as soon as practicable prior to the scheduled date for

delivery of the technical data or computer software, in the following format, and signed by an official

authorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of

Technical Data or Computer Software

The Contractor asserts for itself, or the persons identified below, that the Government's rights to
use, release, or disclose the following technical data or computer software should be restricted:

Technical data or

computer software to be

furnished with

restrictions 1

Basis for

assertion 2

Asserted

rights

category 3

Name of person

asserting

restrictions 4

(LIST) (LIST) (LIST) 1

(LIST)

Date

Printed Name and Title

Signature

(End of identification and assertion)

(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to

enable the Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer

reserves the right to add the Contractor's assertions to the Attachment and validate any listed

assertions, at a later date, in accordance with the procedures of the Validation of Asserted

Restrictions - Computer Software and/or Validation of Restrictive Markings on Technical Data

clauses of this contract.

(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert

restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or

disclose technical data or computer software to be delivered under this contract by marking the

deliverable data or software subject to restriction. Except as provided in paragraph (f)(6) of this

clause, only the following markings are authorized under this contract: the limited rights legend at

paragraph (f)(2) of this clause; the restricted rights legend at paragraph (f)(3) of this clause, the

SBIR data rights legend at paragraph (f)(4) of this clause, or the special license rights legend at

paragraphs (f)(5) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or

402.

(1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall

conspicuously and legibly mark the appropriate legend to all technical data and computer software

that qualify for such markings. The authorized legends shall be placed on the transmittal document

or storage container and, for printed material, each page of the printed material containing

technical data or computer software for which restrictions are asserted. When only portions of a

page of printed material are subject to the asserted restrictions, such portions shall be identified by

circling, underscoring, with a note, or other appropriate identifier. Technical data or computer

software transmitted directly from one computer or computer terminal to another shall contain a

notice of asserted restrictions. However, instructions that interfere with or delay the operation of

computer software in order to display a restrictive rights legend or other license statement at any

time prior to or during use of the computer software, or otherwise cause such interference or delay,

shall not be inserted in software that will or might be used in combat or situations that simulate

combat conditions, unless the Contracting Officer's written permission to deliver such software has

been obtained prior to delivery. Reproductions of technical data, computer software, or any portions

thereof subject to asserted restrictions shall also reproduce the asserted restrictions.
(2) Limited rights markings. Technical data not generated under this contract that pertain to items,

components, or processes developed exclusively at private expense and delivered or otherwise

furnished with limited rights shall be marked with the following legend:

Limited Rights

Contract No.

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these

technical data are restricted by paragraph (b)(2) of the Rights in Other Than Commercial Technical

Data and Computer Software - Small Business Innovation Research (SBIR) Program clause contained

in the above identified contract. Any reproduction of technical data or portions thereof marked with

this legend must also reproduce the markings. Any person, other than the Government, who has

been provided access to such data must promptly notify the above named Contractor.

(End of legend)

(3) Restricted rights markings. Computer software delivered or otherwise furnished to the

Government with restricted rights shall be marked with the following legend:

Restricted Rights

Contract No.

Contractor Name

Contractor Address

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this

software are restricted by paragraph (b)(3) of the Rights in Other Than Commercial Technical Data

and Computer Software - Small Business Innovation Research (SBIR) Program clause contained in

the above identified contract. Any reproduction of computer software or portions thereof marked

with this legend must also reproduce the markings. Any person, other than the Government, who

has been provided access to such data must promptly notify the above named Contractor.

(End of legend)

(4) SBIR data rights markings: Except for technical data or computer software in which the

Government has acquired unlimited rights under paragraph (b)(1) of this clause, or negotiated

special license rights as provided in paragraph (b)(5) of this clause, technical data or computer

software generated under this contract shall be marked with the following legend. The Contractor

shall enter the expiration date for the SBIR data rights period on the legend:

SBIR Data Rights

Contract No.

Contractor Name

Address
Expiration of SBIR Data Rights Period

The Government's rights to use, modify, reproduce, release, perform, display, or disclose technical

data or computer software marked with this legend are restricted during the period shown as

provided in paragraph (b)(4) of the Rights in Other Than Commercial Technical Data and Computer

Software - Small Business Innovation Research (SBIR) Program clause contained in the above

identified contract. No restrictions apply after the expiration date shown above. Any reproduction of

technical data, computer software, or portions thereof marked with this legend must also reproduce

the markings.

(End of legend)

(5) Special license rights markings. (i) Technical data or computer software in which the

Government's rights stem from a specifically negotiated license shall be marked with the following

legend:

Special License Rights

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this

technical data or computer software are restricted by Contract No. ________ (Insert contract number)

________, License No. ________ (Insert license identifier) ________. Any reproduction of technical data,

computer software, or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

(ii) For purposes of this clause, special licenses do not include government purpose license rights

acquired under a prior contract (see paragraph (b)(6) of this clause).

(6) Pre-existing data markings. If the terms of a prior contract or license permitted the Contractor to

restrict the Government's rights to use, modify, reproduce, release, perform, display, or disclose

technical data or computer software, and those restrictions are still applicable, the Contractor may

mark such data or software with the appropriate restrictive legend for which the data or software

qualified under the prior contract or license. The marking procedures in paragraph (f)(1) of this

clause shall be followed.

(g) Contractor procedures and records. Throughout performance of this contract, the Contractor,

and its subcontractors or suppliers that will deliver technical data or computer software with other

than unlimited rights, shall -

(1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are

used only when authorized by the terms of this clause; and

(2) Maintain records sufficient to justify the validity of any restrictive markings on technical data or

computer software delivered under this contract.

(h) Removal of unjustified and nonconforming markings

(1) Unjustified markings. The rights and obligations of the parties regarding the validation of

restrictive markings on technical data or computer software furnished or to be furnished under this

contract are contained in the Validation of Restrictive Markings on Technical Data and the

Validation of Asserted Restrictions - Computer Software clauses of this contract, respectively.

Notwithstanding any provision of this contract concerning inspection and acceptance, the

Government may ignore or, at the Contractor's expense, correct or strike a marking if, in accordance
with the applicable procedures of those clauses, a restrictive marking is determined to be

unjustified.

(2) Nonconforming markings. A nonconforming marking is a marking placed on technical data or

computer software delivered or otherwise furnished to the Government under this contract that is

not in the format authorized by this contract. Correction of nonconforming markings is not subject to

the Validation of Restrictive Markings on Technical Data or the Validation of Asserted Restrictions -

Computer Software clause of this contract. If the Contracting Officer notifies the Contractor of a

nonconforming marking or markings and the Contractor fails to remove or correct such markings

within sixty (60) days, the Government may ignore or, at the Contractor's expense, remove or

correct any nonconforming markings.

(i) Relation to patents. Nothing contained in this clause shall imply a license to the Government

under any patent or be construed as affecting the scope of any license or other right otherwise

granted to the Government under any patent.

(j) Limitation on charges for rights in technical data or computer software. (1) The Contractor shall

not charge to this contract any cost, including but not limited to, license fees, royalties, or similar

charges, for rights in technical data or computer software to be delivered under this contract when -

(i) The Government has acquired, by any means, the same or greater rights in the data or software;

or

(ii) The data are available to the public without restrictions.

(2) The limitation in paragraph (j)(1) of this clause -

(i) Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the

Contractor to acquire rights in subcontractor of supplier technical data or computer software, if the

subcontractor or supplier has been paid for such rights under any other Government contract or

under a license conveying the rights to the Government; and

(ii) Does not include the reasonable costs of reproducing, handling, or mailing the documents or

other media in which the technical data or computer software will be delivered.

(k) Applicability to subcontractors or suppliers. (1) The Contractor shall assure that the rights

afforded its subcontractors and suppliers under 10 U.S.C. 3771-3775, 10 U.S.C. 3781-3786, and the

identification, assertion, and delivery processes required by paragraph (e) of this clause are

recognized and protected.

(2) Whenever any other than commercial technical data or computer software is to be obtained from

a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall

use this same clause in the subcontract or other contractual instrument, and require its

subcontractors or suppliers to do so, without alteration, except to identify the parties. The

Contractor shall use the Technical Data - Commercial Products and Commercial Services clause of

this contract to obtain technical data pertaining to commercial products, commercial components,

commercial services, or commercial processes. No other clause shall be used to enlarge or diminish

the Government's, the Contractor's, or a higher tier subcontractor's or supplier's rights in a

subcontractor's or supplier's technical data or computer software.

(3) Technical data required to be delivered by a subcontractor or supplier shall normally be

delivered to the next higher tier contractor, subcontractor, or supplier. However, when there is a

requirement in the prime contract for technical data which may be submitted with other than
unlimited rights by a subcontractor or supplier, then said subcontractor or supplier may fulfill its

requirement by submitting such technical data directly to the Government, rather than through a

higher tier contractor, subcontractor, or supplier.

(4) The Contractor and higher tier subcontractors or suppliers shall not use their power to award

contracts as economic leverage to obtain rights in technical data or computer software from their

subcontractors or suppliers.

(5) In no event shall the Contractor use its obligation to recognize and protect subcontractor or

supplier rights in technical data or computer software as an excuse for failing to satisfy its

contractual obligation to the Government.

(End of clause)

Alternate I (JUN 1995). As prescribed in 227.7104(d), add the following paragraph (l) to the basic

clause:

(l) Publication for sale. (1) This paragraph applies only to technical data or computer software

delivered to the Government with SBIR data rights.

(2) Upon expiration of the SBIR data rights period, the Government will not exercise its right to

publish or authorize others to publish an item of technical data or computer software identified in

this contract as being subject to paragraph (l) of this clause if the Contractor, prior to the expiration

of the SBIR data rights period, or within two years following delivery of the data or software item, or

within twenty-four months following the removal of any national security or export control

restrictions, whichever is later, publishes such data or software item(s) and promptly notifies the

Contracting Officer of such publication(s). Any such publication(s) shall include a notice identifying

the number of this contract and the Government's rights in the published data.

(3) This limitation on the Government's right to publish for sale shall continue as long as the

technical data or computer software are reasonably available to the public for purchase.

Parent topic: 252.227 RESERVED

1

1

 If the assertion is applicable to items, components, or processes developed at private expense,

identify both the technical data and each such item, component, or process.

2

 Generally, development at private expense, either exclusively or partially, is the only basis for

asserting restrictions on the Government's rights to use, release, or disclose technical data or

computer software. Indicate whether development was exclusively or partially at private expense. If

development was not at private expense, enter the specific reason for asserting that the

Government's rights should be restricted.

3

 Enter asserted rights category (e.g., limited rights, restricted rights, government purpose rights, or

government purpose license rights from a prior contract, SBIR data rights under another contract,

or specifically negotiated licenses).

4

 Corporation, individual, or other person, as appropriate.