252.227-7017 Identification and Assertion of

Use, Release, or Disclosure Restrictions.

As prescribed in 227.7104 (e)(2), or 227.7203-3 (a), use the following provision:

IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS (JAN

2023)

(a) The terms used in this provision are defined in following clause or clauses contained in this

solicitation—

(1) If a successful offeror will be required to deliver technical data, the Rights in Technical

Data—Other Than Commercial Products and Commercial Services clause, or, if this solicitation

contemplates a contract under the Small Business Innovation Research Program, the Rights in Other

Than Commercial Technical Data and Computer Software—Small Business Innovation Research

(SBIR) Program clause.

(2) If a successful offeror will not be required to deliver technical data, the Rights in Other Than

Commercial Computer Software and Other Than Commercial Computer Software Documentation

clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research

Program, the Rights in Other Than Commercial Technical Data and Computer Software—Small

Business Innovation Research (SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data,

including computer software documentation, or computer software to be delivered with other than

unlimited rights. For contracts to be awarded under the Small Business Innovation Research

Program, the notification and identification requirements do not apply to technical data or computer

software that will be generated under the resulting contract. Notification and identification is not

required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an

offer is submitted to the Government, the technical data or computer software that the Offeror, its

subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to

the Government with restrictions on use, release, or disclosure.

(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential

subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format,

dated and signed by an official authorized to contractually obligate the Offeror:

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

Technical Data or Computer Software.

The Offeror 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 Name of Person

to be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions 

(LIST)** *** (LIST) (LIST) (LIST)

*For technical data (other than computer software documentation) pertaining to items, components,

or processes developed at private expense, identify both the deliverable technical data and each

such item, component, or process. For computer software or computer software documentation

identify the software or documentation.

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

asserting restrictions. For technical data, other than computer software documentation,

development refers to development of the item, component, or process to which the data pertain.

The Government's rights in computer software documentation generally may not be restricted. For

computer software, development refers to the software. Indicate whether development was

accomplished exclusively or partially at private expense. If development was not accomplished at

private expense, or for computer software documentation, enter the specific basis for asserting

restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract,

rights in SBIR data generated under another contract, limited, restricted, or government purpose

rights under this or a prior contract, or specially negotiated licenses).

 Corporation, individual, or other person, as appropriate.

** ***Enter “none” when all data or software will be submitted without restrictions.

Date _________________________________

Printed Name and Title _________________________________

_________________________________

Signature _________________________________

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by

paragraph (d) of this provision with its offer may render the offer ineligible for award.

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision
shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the

Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed

assertion.

(End of provision)

Parent topic: 252.227 RESERVED