252.227-7990

TECHNICAL DATA—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(DEVIATION 2026-O0036) (FEB 2026)

(a) Definitions. As used in this clause—

"Commercial product and commercial service" includes commercial components and
commercial processes but does not include commercial computer software.

"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—

(1) 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

(2) Receives access to technical data or computer software for performance of a
Government contract that contains the clause at 252.227-7994, Limitations on the Use
or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

"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.

"Technical data" means recorded information, regardless of the form or method of
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.

(b) Applicability. This clause governs the technical data related to any portion of a
commercial product or commercial service that was developed exclusively at private
expense. If the commercial product or commercial service was developed in any part at
Government expense—

(1) The clause at Defense Federal Acquisition Regulation Supplement (DFARS)
252.227-7993, Rights in Other Than Commercial Technical Data and Computer
Software—Small Business Innovation Research Program and Small Business
Technology Transfer Program, governs technical data that are generated during any
portion of performance that is covered under the Small Business Innovation Research
(SBIR) Program or Small Business Technology Transfer (STTR) Program; and

(2) The clause at DFARS 252.227-7989, Rights in Technical Data, Computer
Software, and Computer Software Documentation—Other Than Commercial Products
and Commercial Services, governs the technical data related to any portion of a
commercial product or commercial service that was developed in any part at
Government expense and is not covered under the SBIR or STTR program.

(c) License. (1) The Government shall have the unrestricted right to use, modify,
reproduce, release, perform, display, or disclose technical data, and to permit others to
do so, that—

(i) Have been provided to the Government or others without restrictions on
use, modification, reproduction, release, or further disclosure other than a release or
disclosure resulting from the sale, transfer, or other assignment of interest in the
technical data to another party or the sale or transfer of some or all of a business entity
or its assets to another party;

(ii) Are form, fit, and function data;

(iii) Are a correction or change to technical data furnished to the Contractor
by the Government;

(iv) Are necessary for operation, maintenance, installation, or training
(other than detailed manufacturing or process data); or

(v) Have been provided to the Government under a prior contract or
licensing agreement through which the Government has acquired the rights to use,
modify, reproduce, release, perform, display, or disclose the data without restrictions.

(2) Except as provided in paragraph (c)(1) of this clause, the Government may
use, modify, reproduce, release, perform, display, or disclose technical data within the
Government only. The Government will not—

(i) Use the technical data to manufacture additional quantities of the
commercial products; or

(ii) Release, perform, display, disclose, or authorize use of the technical data
outside the Government without the Contractor's written permission unless a release,
disclosure, or permitted use is necessary for emergency repair or overhaul of the
commercial products furnished under this contract, or for performance of work by
covered Government support contractors.

(3) The Contractor acknowledges that—

(i) The Government is authorized to release or disclose technical data
covered by paragraph (c)(2) of this clause to covered Government support contractors;

(ii) The Government will notify the Contractor of such release or disclosure;

(iii) The Contractor or the party asserting restrictions in a restrictive legend
may—

(A) Require each such covered Government support contractor to enter
into a nondisclosure agreement directly with the Contractor or the party asserting
restrictions regarding the use of the data; or

(B) Waive in writing the requirement for a nondisclosure agreement;
and

(iv) Any such nondisclosure agreement shall address the restrictions on the
covered Government support contractor's use of the data as set forth in the clause at
DFARS 252.227-7994, Limitations on the Use or Disclosure of Government-Furnished
Information Marked with Restrictive Legends. The nondisclosure agreement shall not
include any additional terms and conditions unless mutually agreed to by the parties to
the nondisclosure agreement.

(d) Additional license rights. The Contractor, its subcontractors, and suppliers are
not required to provide the Government additional rights to use, modify, reproduce,
release, perform, display, or disclose technical data. However, if the Government
desires to obtain additional rights in technical data, the Contractor agrees to promptly
enter into negotiations with the Contracting Officer to determine whether there are
acceptable terms for transferring such rights. The Contractor shall ensure that any
resulting special license agreement, made part of the contract, lists or describes all
technical data for which the Government has been granted additional rights and
specifies those additional rights.

(e) Release from liability. The Contractor agrees that the Government, and other
persons to whom the Government may have released or disclosed technical data
delivered or otherwise furnished under this contract, shall have no liability for any
release or disclosure of technical data that are not marked to indicate that such data are
licensed data subject to use, modification, reproduction, release, performance, display,
or disclosure restrictions.

(f) Subcontractors or suppliers. (1) The Contractor shall recognize and protect the
rights afforded its subcontractors and suppliers under 10 U.S.C. 3771-3775, 10 U.S.C.
3781-3786, and 15 U.S.C. 638(j)(1)(B)(iii) and (v).

(2) Whenever any technical data related to commercial products or commercial
services developed in any part at private expense will be obtained from a subcontractor
or supplier for delivery to the Government under this contract, the Contractor shall use
this clause in the subcontract or other contractual instrument, including subcontracts
and other contractual instruments for commercial products or commercial services, and
require its subcontractors or suppliers to do so, without alteration, except to identify the
parties. This clause will govern the technical data related to any portion of a
commercial product or commercial service that was developed exclusively at private
expense, and the Contractor shall use the following clauses to govern the technical data
related to any portion of a commercial product or commercial service that was developed
in any part at Government expense:

(i) Use the clause at DFARS 252.227-7989, Rights in Technical Data,
Computer Software, and Computer Software Documentation—Other Than Commercial
Products and Commercial Services, to govern any technical data that are not generated
during any portion of performance that is covered under the SBIR or STTR program.

(ii) Use the clause at 252.227-7993, Rights in Other Than Commercial
Technical Data and Computer Software—Small Business Innovation Research Program
and Small Business Technology Transfer Program, to govern technical data that are
generated during any portion of performance that is covered under the SBIR or STTR
program.

(End of clause)

Alternate I (DEVIATION 2026-O0036) (FEB 2026). As prescribed in 227.7102-4(a)(2),
add the following definition of "Vessel design" in alphabetical order to paragraph (a) and
add (c)(4) to the basic clause:

(a) "Vessel design" means the design of a vessel, boat, or craft, and its components,
including the hull, decks, superstructure, and the exterior surface shape of all external
shipboard equipment and systems. The term includes designs covered by 10 U.S.C.
8687, and designs protectable under 17 U.S.C. 1301, et seq.

(c)(4) Vessel designs. For a vessel design (including a vessel design embodied in a
useful article) that is developed or delivered under this contract, the Government shall
have the right to make and have made any useful article that embodies the vessel
design, to import the article, to sell the article, and to distribute the article for sale or to
use the article in trade, to the same extent that the Government is granted rights in the
technical data related to the vessel design.