252.227-7992 Identification and Assertion of Use, Release, or Disclosure Restrictions

This clause was introduced by the Revolutionary FAR Overhaul (EO 14275) and does not appear in the codified eCFR. It applies to contracts using the RFO model.

RFO Prescription

As prescribed in 227.7103-3(b) or 227.7104-4(b)(2), use the following provision:

Current Text (RFO)

IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE
RESTRICTIONS (DEVIATION 2026-O0036) (FEB 2026)

(a) Definitions. As used in this provision—

"Computer software" is defined in—

(1) The 252.227-7989, Rights in Technical Data, Computer Software, and
Computer Software Documentation—Other Than Commercial Products and
Commercial Services; or

(2) If this solicitation contemplates a contract under the Small Business
Innovation Research Program or Small Business Technology Transfer Program, the
252.227-7993, Rights in Other Than Commercial Technical Data and Computer
Software—Small Business Innovation Research Program and Small Business
Technology Transfer Program, clause of this solicitation.

"SBIR/STTR data" is defined in the 252.227-7993, Rights in Other Than Commercial
Technical Data and Computer Software—Small Business Innovation Research Program
and Small Business Technology Transfer Program, clause of this solicitation.

"Technical data" is defined in—

(1) The 252.227-7989, Rights in Technical Data, Computer Software, and
Computer Software Documentation—Other Than Commercial Products and
Commercial Services, clause of this solicitation; or

(2) If this solicitation contemplates a contract under the Small Business
Innovation Research Program or Small Business Technology Transfer Program, the
252.227-7993, Rights in Other Than Commercial Technical Data and Computer
Software—Small Business Innovation Research Program and Small Business
Technology Transfer Program, clause of this solicitation.

(b) The identification and assertion requirements in this provision apply only to
technical data, including computer software documentation, or computer software the
Contractor must deliver with other than unlimited rights. For contracts to be awarded
under the Small Business Innovation Research (SBIR) Program or Small Business
Technology Transfer Program (STTR) Program, these requirements apply to
SBIR/STTR data that will be generated under the resulting contract and will be
delivered with SBIR/STTR data rights and to any other data that will be delivered with
other than unlimited rights. Notification and identification are 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 Name of person
Basis for Asserted rights
software to be asserting
assertion 2 category 3
delivered with restrictions 4
restrictions 1

(LIST) 5 (LIST) (LIST) (LIST)

1 For technical data (other than computer software documentation) related to
items, components, or processes developed at private expense, identify both the
deliverable technical data and each such items, component, or process. For
computer software or computer software documentation identify the software or
documentation.

2 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 relate. 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.

3 Enter asserted rights category (e.g., government purpose license rights from a
prior contract, rights in SBIR/STTR data generated under a contract resulting from
this solicitation or under another contract, limited, restricted, or government
purpose rights under a contract resulting from this solicitation or under a prior
contract, or specially negotiated licenses).

4 Corporation, individual, or other person, as appropriate.

5 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)