DFARS 227.7104-4 — Solicitation provisions and contract clauses
Regulatory text. Not legal advice.
(a)
(a)(1) Use the clause at DFARS 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, in solicitations and contracts, including solicitations and contracts using FAR Part 12 procedures for the acquisition of commercial products and commercial services, when SBIR/STTR data are delivered, developed, or generated during contract performance, and when any portion of contract performance is governed by SBIR or STTR policies (e.g., performance of one or more subcontracts qualifies as a phase III SBIR or STTR award). See DFARS 227.7104-1(d) for guidance on contracts or subcontracts governed by SBIR or STTR policies.
(2) For the remainder of the technical data or computer software that is delivered, developed, or generated under the contract, use the following clauses as applicable, in accordance with the prescriptions for those clauses:
(i) DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services.
(ii) DFARS 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.
(iii) DFARS 252.227-7015, Technical Data—Commercial Products and Commercial Services.
(b)
(b) Use the following provision in solicitations and the following clauses in solicitations and contracts that include the clause at DFARS 252.227-7018, in accordance with the prescriptions for the provision and clauses:
(1) DFARS 252.227-7016, Rights in Bid or Proposal Information.
(2) DFARS 252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions.
(3) DFARS 252.227-7019, Validation of Asserted Restrictions-Computer Software.
(4) DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
(5) DFARS 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government.
(6) DFARS 252.227-7030, Technical Data-Withholding of Payment.
(7) DFARS 252.227-7037, Validation of Asserted Restrictions on Technical Data (paragraph (e) of the clause contains information that must be included in a challenge).
(c)
(c)(1) Use the provision at DFARS 252.227-7040, Additional Preaward Requirements for Small Business Technology Transfer Program, in solicitations that contain the clause at DFARS 252.227-7041.
(2) Use the clause at DFARS 252.227-7041, Additional Postaward Requirements for Small Business Technology Transfer Program, in solicitations and contracts, including solicitations and contracts using FAR Part 12 procedures for the acquisition of commercial products and commercial services, for acquisitions under the STTR program.
Citation history: [89 FR 103344, Dec. 18, 2024, as amended at 90 FR 41481, Aug. 25, 2025]
Source: eCFR • Pulled 2026-04-16