FAR 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment-Major Systems. Basic (May 2014) (Current)

As prescribed in 27.409(j), insert the clause at 52.227-21, Technical Data Declaration, Revision, and Withholding of Payment-Major Systems, in contracts for major systems acquisitions or for support of major systems acquisitions. This requirement includes contracts for detailed design, development, or production of a major system and contracts for any individual part, component, subassembly, assembly, or subsystem integral to the major system, and other property that may be replaced during the service life of the system, including spare parts. When used, this clause requires that the technical data to which it applies be specified in the contract (see 27.406-3(a)).

Technical Data Declaration, Revision, and Withholding of Payment—Major Systems (May 2014)

(a) Scope of declaration. The Contractor shall provide, in accordance with 41 U.S.C. 2302(e)(7), the following declaration with respect to all technical data that relate to a major system and that are delivered or required to be delivered under this contract or that are delivered within 3 years after acceptance of all items (other than technical data) delivered under this contract unless a different period is set forth in the contract. The Contracting Officer may release the Contractor from all or part of the requirements of this clause for specifically identified technical data items at any time during the period covered by this clause.

(b) Technical data declaration.

    (1) All technical data that are subject to this clause shall be accompanied by the following declaration upon delivery:

Technical Data Declaration (Jan 1997)

The Contractor, __________________, hereby declares that, to the best of its knowledge and belief, the technical data delivered herewith under Government contract No. _______ (and subcontract _________________, if appropriate) are complete, accurate, and comply with the requirements of the contract concerning such technical data.

(End of declaration)

    (2) The Government may, at any time during the period covered by this clause, direct correction of any deficiencies that are not in compliance with contract requirements. The corrections shall be made at the expense of the Contractor. Unauthorized markings on data shall not be considered a deficiency for the purpose of this clause, but will be treated in accordance with paragraph (e) of the Rights in Data—General clause included in this contract.

(c) Technical data revision. The Contractor also shall, at the request of the Contracting Officer, revise technical data that are subject to this clause to reflect engineering design changes made during the performance of this contract and affecting the form, fit, and function of any item (other than technical data) delivered under this contract. The Contractor may submit a request for an equitable adjustment to the terms and conditions of this contract for any revisions to technical data made pursuant to this paragraph.

(d) Withholding of payment.

    (1) At any time before final payment under this contract the Contracting Officer may withhold payment as a reserve up to an amount not exceeding $100,000 or 5 percent of the amount of this contract, whichever is less, if the Contractor fails to—

        (i) Make timely delivery of the technical data;

        (ii) Provide the declaration required by paragraph (b)(1) of this clause;

        (iii) Make the corrections required by paragraph (b)(2) of this clause; or

        (iv) Make revisions requested under paragraph (c) of this clause.

    (2) The Contracting Officer may withhold the reserve until the Contractor has complied with the direction or requests of the Contracting Officer or determines that the deficiencies relating to delivered data, arose out of causes beyond the control of the Contractor and without the fault or negligence of the Contractor.

    (3) The withholding of any reserve under this clause, or the subsequent payment of the reserve, shall not be construed as a waiver of any Government rights.

(End of clause)


Prime’s Interest;

52.227-1 Authorization and Consent.

52.227-10 Filing of Patent Applications-Classified Subject Matter.

52.227-11 Patent Rights-Ownership by the Contractor.

52.227-13 Patent Rights-Ownership by the Government.

52.227-14 Rights in Data-General.

52.227-15 Representation of Limited Rights Data and Restricted Computer Software.

52.227-16 Additional Data Requirements.

52.227-17 Rights in Data-Special Works.

52.227-19 Commercial Computer Software License.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-20 Rights in Data-SBIR Program.

52.227-22 Major System-Minimum Rights.

52.227-23 Rights to Proposal Data (Technical).

52.227-3 Patent Indemnity.

52.227-4 Patent Indemnity-Construction Contracts.

52.227-6 Royalty Information.

52.227-7 Patents-Notice of Government Licensee.

52.227-9 Refund of Royalties.

252.217-7026 Identification of Sources of Supply.

252.227-7000 Non-Estoppel.

252.227-7001 Release of Past Infringement.

252.227-7002 Readjustment of Payments.

252.227-7003 Termination.

252.227-7004 License Grant.

252.227-7005 License Term.

252.227-7006 License Grant---Running Royalty.

252.227-7007 License Term--Running Royalty.

252.227-7008 Computation of Royalties.

252.227-7009 Reporting and Payment of Royalties.

252.227-7010 License to Other Government Agencies.

252.227-7011 Assignments.

252.227-7013 Rights in Technical Data—Other Than Commercial Products and Commercial Services.

252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation.

252.227-7015 Technical Data–Commercial Products and Commercial Services.

252.227-7016 Rights in Bid or Proposal Information.

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.

252.227-7018 Rights in Other Than Commercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program.

252.227-7019 Validation of Asserted Restrictions--Computer Software.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7022 Government Rights (Unlimited).

252.227-7023 Drawings and Other Data to Become Property of Government.

252.227-7024 Notice and Approval of Restricted Designs.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.227-7026 Deferred Delivery of Technical Data or Computer Software.

252.227-7027 Deferred Ordering of Technical Data or Computer Software.

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.

252.227-7032 Rights in Technical Data and Computer Software (Foreign).

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.227-7038 Patent Rights-Ownership by the Contractor (Large Business).

252.227-7039 Patents--Reporting of Subject Inventions.

252.246-7001 Warranty of Data.

1852.227-11 Patent Rights--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data--General.

1852.227-19 Commercial Computer Software--Restricted Rights.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-72 Designation of New Technology Representative and Patent Representative.

1852.227-84 Patent Rights Clauses.

1852.227-85 Invention Reporting and Rights--Foreign.

1852.227-86 Commercial Computer Software--Licensing.

1852.227-88 Government-furnished computer software and related technical data.



5252.227-9501 Invention Disclosures and Reports (NAVAIR) (May 1998)

5252.227-9511 Disclosure, Use and Protection of Proprietary Information (NAVAIR) (Feb 2009)

5252.227-9216 Pre-award Identification and Assertion of Restrictions on Technical Data Pertaining to a Commercial Item and Commercial Computer Software


552.227-70 Government Rights (Unlimited).

552.227-71 Drawings and Other Data to Become Property of Government.

1452.227-70 Appeals of Use or Exceptions.

752.227-14 Rights in Data-general.

752.227-70 Patent reporting procedures.

952.227-84 Notice of right to request patent waiver.

970.5204-3 Access to and ownership of records.

970.5227-1 Rights in Data-Facilities

970.5227-2 Rights in Data-Technology Transfer.

1352.201-71 Ratification release.

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