Proposed Rule2025-16208
Defense Federal Acquisition Regulation Supplement: Disclosure of DoD Funding in Technical Publications (DFARS Case 2024-D003)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2025
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the William M. Thornberry National Defense Authorization Act for Fiscal Year 2021 that provides a requirement to disclose DoD funds in public documents resulting from research or development.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Proposed Rules]
[Pages 41495-41496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16208]
Federal Register / Vol. 90, No. 162 / Monday, August 25, 2025 /
Proposed Rules
[[Page 41495]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 235 and 252
[Docket DARS-2025-0071]
RIN 0750-AM00
Defense Federal Acquisition Regulation Supplement: Disclosure of
DoD Funding in Technical Publications (DFARS Case 2024-D003)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement a section of the William M.
Thornberry National Defense Authorization Act for Fiscal Year 2021 that
provides a requirement to disclose DoD funds in public documents
resulting from research or development.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before October 24, 2025, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2024-D003, using
either of the following methods:
[cir] Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Search for DFARS Case 2024-D003. Select ``Comment'' and follow the
instructions to submit a comment. Please include ``DFARS Case 2024-
D003'' on any attached documents.
[cir] Email: <a href="/cdn-cgi/l/email-protection#e08f9384ce8486819293a08d81898cce8d898c"><span class="__cf_email__" data-cfemail="d8b7abbcf6bcbeb9aaab98b5b9b1b4f6b5b1b4">[email protected]</span></a>. Include DFARS Case 2024-D003 in
the subject line of the message.
Comments received generally will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Saleemah McMillan, telephone 202-308-
5383.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement section 212 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021
(Pub. L. 116-283; 10 U.S.C. 4027). Section 212 adds 10 U.S.C. 4027,
which requires contractors to specify the amount of funds received from
DoD under research or development contracts that result in a public
document pertaining to such activities. This requirement does not apply
to documents consisting of fewer than 280 characters.
II. Discussion and Analysis
This proposed rule adds a new section at DFARS 235.010-70, which
informs contracting officers that public documents consisting of 280 or
more characters and resulting from research and development activities,
funded in whole or in part by DoD, must specify the amount of funds
received from DoD. This proposed rule also specifies that this
requirement may be waived by the program manager. If the requirement is
waived, the contracting officer is required to include the waiver in
the contract file.
This proposed rule also includes changes to the clause at DFARS
252.235-7010, Acknowledgement of Support and Disclaimer, by providing a
definition of ``public document'' and requiring contractors, awarded
research or development contracts, to include in any public document
that has 280 characters or more, the amount of DoD funding provided
under such contract. The clause is also revised to align with DFARS
drafting conventions.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), and for Commercial Services
This proposed rule includes changes to the clause at DFARS 252.235-
7010, Acknowledgment of Support and Disclaimer. However, this proposed
rule does not impose any new requirements on contracts at or below the
SAT, for commercial products including COTS items, or for commercial
services. The clause will continue to apply to acquisitions at or below
the SAT.
IV. Expected Impact of the Rule
Currently, contractors are required to disclose the Government's
support in the publication of any material based on or developed under
certain DoD contracts. This proposed rule adds a new requirement for
contractors to disclose the amount of DoD funds provided under research
and development contracts that result in a public document of 280 or
more characters pertaining to such activities. As a result, taxpayers
should have greater insight into certain DoD-funded research and
development efforts.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, as amended.
VI. Executive Order 14192
This proposed rule is not expected to be subject to E.O. 14192,
because the proposed rule is not a significant regulatory action under
E.O. 12866.
VII. Regulatory Flexibility Act
DoD does not expect this proposed rule, when finalized, to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because it only adds a requirement for contractors to disclose in
certain public documents the amount of funding received from DoD under
certain contracts. However, an initial regulatory flexibility analysis
has been performed and is summarized as follows:
DoD is proposing to revise the DFARS to implement section 212 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021
(Pub. L. 116-283; 10 U.S.C. 4027). Section 212 adds 10 U.S.C. 4027,
which requires contractors to disclose the amount of DoD funding
provided under research or development contracts, in any public
document pertaining to such activities that consists of 280 or more
characters. This proposed rule includes changes to implement this
requirement.
The objective of this proposed rule is to implement section 212 of
the NDAA for FY 2021. Section 212 is also the legal basis for this
proposed rule.
Data was obtained for contracts that include the clause at DFARS
252.235-7010, Acknowledgement of Support and Disclaimer. This DFARS
clause is required to be included in solicitations and contracts for
research and development. According to the Procurement Business
Intelligence Service, in the last three fiscal years, DoD awarded
contracts including this clause to unique small entities as
[[Page 41496]]
follows: 2,074 in FY 2021; 2,197 in FY 2022; and 1,829 in FY 2023, for
an average of approximately 2,033 per year. Therefore, DoD estimates
that the number of small entities to which this proposed rule may apply
is approximately 2,033.
This proposed rule does not impose any new reporting,
recordkeeping, or other compliance requirements for small entities.
This proposed rule does not duplicate, overlap, or conflict with
any other Federal rules.
There are no known alternatives that would accomplish the stated
objectives of the applicable statute.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this proposed rule on
small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this proposed rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2024-
D003), in correspondence.
VIII. Paperwork Reduction Act
This proposed rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 235 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System proposes to
amend 48 CFR parts 235 and 252 as follows:
0
1. The authority citation for 48 CFR parts 235 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
2. Amend section 235.001 by--
0
a. Adding introductory text; and
0
b. Adding, in alphabetical order, the definition of ``Public
document''.
The additions read as follows:
235.001 Definitions.
As used in this subpart--
Public document means any document or other written statement made
available for public reference or use, regardless of whether such
document or statement is made available in hard copy or electronic
format (10 U.S.C. 4027).
* * * * *
0
3. Add section 235.010-70 to read as follows:
235.010-70 Disclosure requirement.
(a) Public documents consisting of 280 or more characters and
resulting from research and development activities, funded in whole or
in part by DoD, are required to indicate the amount of funds received
from DoD for such activities, unless waived by the program manager.
(b) If the disclosure requirement is waived, the contracting
officer shall notify the contractor and include the waiver in the
contract file.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Revise and republish section 252.235-7010 to read as follows:
252.235-7010 Acknowledgment of Support and Disclaimer.
As prescribed in 235.072(c), use the following clause:
Acknowledgment of Support and Disclaimer (Date)
(a) Definition. As used in this clause--
Public document means any document or other written statement
made available for public reference or use, regardless of whether
such document or statement is made available in hard copy or
electronic format (10 U.S.C. 4027).
(b) The Contractor shall include an acknowledgment of the
Government's support in the publication of any material based on or
developed under this contract, stated in the following terms:
This material is based upon work supported by the [Contracting
Officer insert name of contracting agency] under contract number
[Contracting Officer insert agency contract number].
(c) The Contractor shall include the amount of DoD funding
provided under this contract in any public document consisting of
280 or more characters, stated in the following terms:
This material was funded, in whole or in part, by the Department
of Defense in the amount of $[Contractor insert amount of funding].
(d) All material, except scientific articles or papers published
in scientific journals, shall contain the following disclaimer in
addition to any notices or disclaimers by the Contractor:
Any opinions, findings and conclusions, or recommendations
expressed in this material are those of the author(s) and do not
necessarily reflect the views of the [Contracting Officer insert
name of contracting agency].
(End of clause)
[FR Doc. 2025-16208 Filed 8-22-25; 8:45 am]
BILLING CODE 6001-FR-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 25, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.