DFARS 252.227-7013 — Rights in Technical Data — Noncommercial Items
DoD-specific IP clause for noncommercial technical data. The government's rights are tiered based on funding source: unlimited (gov-funded), government purpose (mixed), or limited (privately funded).
When This Clause Applies
Required in DoD contracts where noncommercial technical data is delivered. Different rules apply for software (DFARS 252.227-7014) and commercial items (DFARS 252.227-7015).
What This Means for Contractors
Funding source determines rights. To preserve limited rights on privately-funded data, contractors must assert and mark properly at delivery. Government purpose rights allow government to use, modify, and disclose for government purposes — including to competing contractors.
Common Pitfalls
- 1Inadequate funding source documentation to support assertions
- 2Failure to assert limited rights on the required Assertions table
- 3Confusing technical data (TD) with computer software (CS) — different clauses apply
- 4Missing the segregable allocation analysis for mixed-funding data
Related Topics
Related Clauses
Rights in Data — General
Establishes the government's default rights in data first produced or delivered under a federal contract, and identifies categories of data where the contractor retains rights.
Rights in Data — Special Works
Default IP clause for 'special works' contracts (creative, audio-visual, training, or educational materials) — the government typically receives unlimited rights including copyright assignment.
Continue Your Research
NAICS 518210 — Data Processing, Hosting, and Related Services
Find federal contracts under NAICS 518210. Common agencies, set-asides, contract values.
NAICS 541330 — Engineering Services
Find federal contracts under NAICS 541330. Common agencies, set-asides, contract values.
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