Notice2026-03508
Submission for OMB Review; Federal Acquisition Regulation Part 27 Requirements
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
February 23, 2026
Issuing agencies
Management and Budget OfficeFederal Procurement Policy OfficeDefense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to OMB a request to review and approve an extension of a previously approved information collection requirement regarding Federal Acquisition Regulation part 27 requirements.
Full Text
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<title>Federal Register, Volume 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8481-8482]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03508]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0095; Docket No. 2025-0087; Sequence No. 1]
Submission for OMB Review; Federal Acquisition Regulation Part 27
Requirements
AGENCY: Office of Federal Procurement Policy (OFPP), Office of
Management and Budget (OMB); Department of Defense (DOD); General
Services Administration (GSA); and National Aeronautics and Space
Administration (NASA).
ACTION: Notice.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to OMB a request to
review and approve an extension of a previously approved information
collection requirement regarding Federal Acquisition Regulation part 27
requirements.
DATES: Submit comments on or before March 25, 2026.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: <a href="/cdn-cgi/l/email-protection#dd9b9c8f8db2b1b4bea49dbaaebcf3bab2ab"><span class="__cf_email__" data-cfemail="094f485b596665606a70496e7a68276e667f">[email protected]</span></a> or call 202-969-
4075.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0095, Federal Acquisition Regulation Part 27 Requirements.
B. Need and Uses
This clearance covers the following information that offerors and
contractors must submit in response to the requirements of the
provisions and clauses in the Federal Acquisition Regulation (FAR) part
27, as codified in Chapter 1 of Title 48 of the Code of Federal
Regulations:
FAR 52.227-2, Notice and Assistance Regarding Patent and Copyright
Infringement. This clause requires contractors to notify the Government
of any allegations of patent or copyright infringement arising during
the performance of the contract. The clause requires contractors to
furnish, when requested by the contracting officer, all evidence and
information in the contractor's possession regarding such a claim or
suit. This clause flows down to subcontracts that are expected to
exceed the simplified acquisition threshold (SAT--currently $350,000).
FAR 52.227-6, Royalty Information. This provision requires offerors
to report all royalties anticipated or paid in excess of $250 for the
use of patented inventions by furnishing:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers, or other
basis on which the royalty is payable.
(4) Brief description, including any part or model numbers of each
contract item or component on which the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
Also, the contracting officer may ask the offeror to provide a copy
of the current license agreement identifying claims to specific
patents.
FAR 52.227-9, Refund of Royalties. This clause requires contractors
to furnish to the contracting officer, before final payment under a
contract, a statement of royalties paid or required to be paid in
connection with performing the contract. The clause requires
contractors to notify the contracting officer if the contractor is
relieved, within three years after final payment under the contract,
from payment of royalties included in the final contract price. This
clause flows down to subcontracts in which the amount of royalties
reported during negotiation of the subcontract exceeds $250.
FAR 52.227-11, Patent Rights--Ownership by the Contractor, or
52.227-13, Patent Rights--Ownership by the Government--Commerce Patent
Regulations. These FAR clauses require a Government contractor to
report all inventions made in the performance of work under a
Government contract or subcontract for experimental, developmental, or
research work to the contracting officer, submit a disclosure of the
invention, and identify any publication, sale, or public use of the
invention (52.227-11(c), 52.227-13(e)(1)). The contracting officer may
modify 52.227-11(e) or otherwise supplement the clause to require
contractors to submit periodic or interim and final reports listing
subject inventions (27.303(b)(2)(i) and (ii)). The contracting officer
may also require a contractor, under FAR 52.227-11, to: provide the
filing date, serial number, title, patent number and issue date for any
patent application filed on any subject invention in any country or,
upon request, copies of any patent application so identified; and
furnish the Government an irrevocable power to inspect and make copies
of the patent application file when a Government employee is a co-
inventor. (27.303(b)(2)(iv) and (v). In order to ensure that subject
inventions are reported, the contractor is required to establish and
maintain effective procedures for identifying and disclosing subject
inventions (52.227-11, Alternate IV; 52.227-13(e)(1)). In addition, the
contractor must require its employees, by written agreements, to
disclose subject inventions (52.227-11(e)(2); 52.227-13(e)(4)). The
contractor also has an obligation to utilize the subject invention, and
agree to report, upon request, the utilization or efforts to utilize
the subject invention (27.302(e); 52.227-11(f)).
FAR 52.227-14, Rights in Data--General. This clause enables the
contractor to protect qualifying limited rights data and restricted
computer software by withholding the data from the Government and
instead delivering form, fit, and function data. For unauthorized
marking of data, the contractor may provide written justification to
substantiate the propriety of the markings for the contracting officer
to consider whether or not the markings are to be canceled or ignored.
For omitted or incorrect markings of data that has not been disclosed
without restriction outside the Government, the contractor may request,
within 6 months (or a longer time approved by the contracting officer)
after delivery of the data, permission to have authorized notices
placed on the data at the contractor's expense. Contractors shall
obtain from their subcontractors all data and rights necessary to
fulfill the contractor's obligations to the Government under the
contract. If a subcontractor refuses to accept terms affording the
Government those rights, the contractor shall notify the contracting
officer of the refusal.
FAR 52.227-15, Representation of Limited Rights Data and Restricted
Computer Software. This provision requires an offeror to represent that
it has reviewed the requirements for the delivery of technical data or
computer software and state, in response to a
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solicitation, whether data proposed for fulfilling the data delivery
requirements qualifies as limited rights data or restricted computer
software. If the Government does not receive unlimited rights, the
offeror must provide a list of the data that qualify as limited rights
data or restricted computer software. The offeror would identify any
proprietary data it would use during contract performance, in order
that the contracting officer might ascertain if such proprietary data
should be delivered.
FAR 52.227-16, Additional Data Requirements. This clause requires
contractors to keep, for possible delivery to the Government, any data,
in addition to data already required to be delivered under the
contract, first produced or specifically used in performance of the
contract for a period of three years from the final acceptance of all
items delivered under the contract. The data delivered under this
clause may be in the form of computations, preliminary data, records of
experiments, etc. For any data to be delivered under this clause, the
Government will pay the contractor for converting the data into a
specific form, and for reproducing and delivering the data. The purpose
of such recordkeeping requirements is to ensure that, if all data
requirements are not known prior to contract award, the Government can
fully evaluate the research in order to ascertain future activities and
to insure that the research was completed and fully reported, as well
as to give the public an opportunity to assess the research results and
secure any additional information.
FAR 52.227-17, Rights in Data--Special Works. This clause is
included in solicitations and contracts primarily for production or
compilation of data. It is used in rare and exceptional circumstances
to permit the Government to limit the contractor's rights in data by
preventing the release, distribution, and publication of any data first
produced in the performance of the contract. This clause may also be
limited to particular items and not the entire contract. This clause
requires contractors to assign (with or without registration), or
obtain the assignment of, the copyright to the Government or its
designated assignee.
FAR 52.227-18, Rights in Data--Existing Works. This clause is used
when the Government is acquiring existing audiovisual or similar works,
such as books, without modification. This clause requires contractors
to obtain a license for the Government to reproduce, prepare derivative
works, and perform and display publicly the materials.
FAR 52.227-19, Commercial Computer Software License. This clause
requires contractors to affix a notice on any commercial software
delivered under the contract that provides notice that the Government's
rights regarding the data are set forth in the contract.
FAR 52.227-20, Rights in Data--SBIR Program. This clause authorizes
contractors under Small Business Innovation Research (SBIR) contracts
to affix a notice to SBIR data delivered under the contract to limit
the Government's rights to disclose data first produced under the
contract. For omitted or incorrect markings of data that has not been
disclosed without restriction outside the Government, the contractor
may request, within 6 months (or a longer time approved by the
contracting officer) after delivery of the data, permission to have
authorized notices placed on the data at the contractor's expense.
Contractors shall obtain from their subcontractors all data and rights
necessary to fulfill the contractor's obligations to the Government
under the contract. If a subcontractor refuses to accept terms
affording the Government those rights, the contractor shall notify the
contracting officer of the refusal.
FAR 52.227-21, Technical Data Declaration, Revision, and
Withholding of Payment--Major Systems. This clause requires major
systems contractors to certify that the data delivered under the
contract is complete, accurate, and compliant with the requirements of
the contract.
FAR 52.227-23, Rights to Proposal Data (Technical). This clause
allows the Government to identify pages of a proposal that would not be
subject to unlimited rights in the technical data.
The information collected is used to protect the Government's
rights and interests.
C. Annual Burden
Respondents/Recordkeepers: 830.
Total Annual Responses: 14,848.
Total Burden Hours: 55,600. (54,673 reporting hours + 927
recordkeeping hours)
D. Public Comment
A 60-day notice was published in the Federal Register at 90 FR
57761, on December 12, 2025. Comments were received from two
respondents; however, they did not change the estimate of the burden.
Summary of comments: A respondent submitted unintelligible
comments. Another respondent expressed support for the information
collection extension, agreeing it protects government rights. The
respondent expressed that the burden is underestimated and it
disproportionately impacts small businesses, citing the time and
complexity required for preparing data rights assertions, legal review,
responding to marking challenges, and maintaining invention systems.
The respondent also referred to redundant reporting requirements in the
FAR and the DoD FAR Supplement (DFARS). The respondent recommended
burden estimate recalibration, harmonization with DFARS, and adopting
electronic tools to minimize unnecessary cost and complexity.
Response: The FAR Council acknowledges the comments received. The
respondents did not identify the alleged redundant reporting
requirements in the FAR and DFARS. While the Government lacks a system
to determine the actual number of instances when each information
collection is submitted or used, the PRA impact, including the effect
on small businesses, is thoroughly addressed during rulemaking
processes when collections are established or revised. Any redundancy
should be resolved in the subordinate regulation, the DFARS.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#195e4a584b7c7e4a7c7a597e6a78377e766f"><span class="__cf_email__" data-cfemail="31766270635456625452715642501f565e47">[email protected]</span></a>. Please cite OMB
Control No. 9000-0095, Federal Acquisition Regulation Part 27
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2026-03508 Filed 2-20-26; 8:45 am]
BILLING CODE 6820-EP-P
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</html>Indexed from Federal Register on February 23, 2026.
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