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DFARS Clause ACTIVE

252.227-7028

Technical data or computer software previously delivered to the government.
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Effective Date
JUN 1995
Active Deviations
2
Versions
2 (since 2024-12-18)
DEV
This clause is modified by 2 active class deviations
  • 2026-O0036 — DFARS RFO Implementation (Part 27)
    Add clause 252.227-7028
  • 2026-O0002 — DFARS RFO Implementation (Part 1)
View per-deviation details →
252.227-7028 Technical data or computer software previously delivered to the government.

As prescribed in 227.7103-6(d), 227.7104-4(b)(5), or 227.7203-6(e), use the following provision:

Technical Data or Computer Software Previously Delivered to the Government (JUN 1995)

The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify—

(a) The contract number under which the data or software were produced;

(b) The contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered; and

(c) Any limitations on the Government's rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire.

(End of provision)

[60 FR 33505, June 28, 1995, as amended at 89 FR 103365, Dec. 18, 2024]
RFO
Prescription superseded under the RFO

The prescription shown below is from the codified eCFR. Under the RFO, the prescribing section may have been revised, relocated or reserved. See the deviation memorandum for the current prescription authority.

View deviation: 2026-O0036 → · View deviation: 2026-O0002 →

R-DFARS Prescription Source

This clause is prescribed in the R-DFARS by the following deviation:

  • 2026-O0036 — DFARS RFO Implementation (Part 27) (DFARS Part 227)
    Add clause 252.227-7028
227.7103-6(d)
(d) Use the provision at 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government, in solicitations when the resulting contract will require the contractor to deliver technical data. The provision requires offerors to identify any technical data specified in the solicitation as deliverable data items that are the same or substantially the same as data items the offeror has delivered or is obligated to deliver, either as a contractor or subcontractor, under any other federal agency contract.
Prescription data sourced from eCFR as of 2026-06-10 03:16 UTC. Cross-references within the prescription are not resolved automatically.

Regulatory Stack

The layers of regulation that govern this clause, from the FAR prescription through agency-specific supplements and any active deviations.

R-DFARS R-DFARS Prescription Per Deviation 2026-O0036 (DFARS Part 227)
2026-O0036: DFARS RFO Implementation (Part 27) — DFARS Part 227

View Deviation 2026-O0036 →

DFARS DFARS Supplement (eCFR) ⚠ May be superseded by RFO 227.7103-6(d)
(d) Use the provision at 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government, in solicitations when the resulting contract will require the contractor to deliver technical data. The provision requires offerors to identify any technical data specified in the solicitation as deliverable data items that are the same or substantially the same as data items the offeror has delivered or is obligated to deliver, either as a contractor or subcontractor, under any other federal agency contract.

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Version History

Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.

No version history available from eCFR.

Active Class Deviations

DFARS RFO Implementation (Part 27) Add clause 252.227-7028
MODIFIED
DFARS RFO Implementation (Part 1) Modify clause 252.227-7028
MODIFIED
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