Notice2026-05935
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software
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
March 27, 2026
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
The Defense Acquisition Regulations System has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026)</title>
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[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Notices]
[Pages 14829-14830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05935]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2026-0002; OMB Control Number 0704-0369]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Rights in Technical Data and Computer Software
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Notice.
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SUMMARY: The Defense Acquisition Regulations System has submitted to
OMB for clearance the following proposal for collection of information
under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by April
27, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
You may also submit comments, identified by docket number and
title, by the following method: Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. Reginald T. Lucas, 571-372-7574,
or
[[Page 14830]]
<a href="/cdn-cgi/l/email-protection#f6819e85d89b95db979a938ed8938592d89b948ed89292db929992db9f989099849b97829f9998db95999a9a9395829f999885b69b979f9ad89b9f9a"><span class="__cf_email__" data-cfemail="d9aeb1aaf7b4baf4b8b5bca1f7bcaabdf7b4bba1f7bdbdf4bdb6bdf4b0b7bfb6abb4b8adb0b6b7f4bab6b5b5bcbaadb0b6b7aa99b4b8b0b5f7b4b0b5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Subpart 227.71, Rights in Technical Data, and
Subpart 227.72, Rights in Computer Software and Computer Software
Documentation, and related provisions and clauses of the Defense
Federal Acquisition Regulation Supplement (DFARS); OMB Control Number
0704-0369.
Type of Request: Extension of a currently approved collection.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Number of Respondents: 46,534.
Responses per Respondent: 9, approximately.
Annual Responses: 427,717.
Average Burden per Response: 1.6 hours, approximately.
Annual Response Burden Hours: 647,484.
Annual Recordkeeping Burden Hours: 55,841.
Total Annual Burden Hours: 703,325.
Needs and Uses: DFARS subparts 227.71 and 227.72 prescribe the use
of solicitation provisions and contract clauses containing information
collection requirements that are associated with rights in technical
data and computer software. DoD needs this information to implement 10
U.S.C. 3771-3775, Rights in technical data, and 10 U.S.C. 3781-3786,
Validation of proprietary data restrictions. DoD uses the information
to recognize and protect contractor rights in technical data and
computer software that are associated with privately funded
developments; and to ensure that technical data delivered under a
contract are complete and accurate and satisfy contract requirements.
DoD has revised the estimated burden due to use of more current data
and correction of mathematical errors.
DoD uses the following DFARS provisions and clauses in
solicitations and contracts to require offerors and contractors to
identify and mark data or software requiring protection from
unauthorized use, release, or disclosure in accordance with 10 U.S.C.
3771-3775:
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.
252.227-7017, 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 Program and Small
Business Technology Transfer Program.
In accordance with 10 U.S.C. 3771(b)(4), DoD may disclose limited
rights data to persons outside the Government, or allow those persons
to use data with use, release, or disclosure restrictions, if the
recipient agrees not to further release, disclose, or use the data.
Therefore, the clause at DFARS 252.227-7013, Rights in Technical Data--
Other Than Commercial Products and Commercial Services, requires the
contractor to identify and mark data or software that it provides with
limited rights.
In accordance with 10 U.S.C. 3781(b), contractors and
subcontractors at any tier must be prepared to furnish written
justification for any asserted restriction on the Government's rights
to use or release data. The following DFARS clauses require contractors
and subcontractors to maintain adequate records and procedures to
justify any asserted restrictions:
252.227-7019, Validation of Asserted Restrictions--Computer
Software.
252.227-7037, Validation of Asserted Restrictions on Technical
Data.
In accordance with 10 U.S.C. 3771(b)(2), DoD must protect the
rights of contractors that have developed items, components, or
processes exclusively at private expense. Therefore, the clause at
DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends, requires a
contractor or subcontractor to submit a use and nondisclosure agreement
when it obtains data from the Government to which the Government has
less than unlimited rights. In addition, DFARS 227.7103-7, Use and
nondisclosure agreement, requires intended recipients of technical data
or computer software delivered to the Government with restrictions on
use, modification, reproduction, release, performance, display, or
disclosure, to sign the use and nondisclosure agreement at 227.7103-
7(c) prior to release or disclosure of the data, unless the recipient
is a Government contractor that requires access to a third party's data
or software for the performance of a Government contract that contains
the clause at 252.227-7025, Limitations on Use or Disclosure of
Government-Furnished Information Marked with Restrictive Legends.
According to 10 U.S.C. 3771(b)(4), DoD may disclose limited rights data
to persons outside the Government, or allow those persons to use
limited rights data, if the recipient agrees not to further use,
release, or disclose the data.
The provision at DFARS 252.227-7028, Technical Data or Computer
Software Previously Delivered to the Government, requires an offeror to
identify any technical data or computer software that it previously
delivered, or will deliver, under any Government contract. DoD needs
this information to avoid paying for rights in technical data or
computer software that the Government already owns.
DoD Clearance Officer: Mr. Reginald T. Lucas. Requests for copies
of the information collection proposal should be sent to Mr. Lucas at
<a href="/cdn-cgi/l/email-protection#a2d5cad18ccfc18fc3cec7da8cc7d1c68ccfc0da8cc6c68fc6cdc68fcbccc4cdd0cfc3d6cbcdcc8fc1cdcecec7c1d6cbcdccd1e2cfc3cbce8ccfcbce"><span class="__cf_email__" data-cfemail="ccbba4bfe2a1afe1ada0a9b4e2a9bfa8e2a1aeb4e2a8a8e1a8a3a8e1a5a2aaa3bea1adb8a5a3a2e1afa3a0a0a9afb8a5a3a2bf8ca1ada5a0e2a1a5a0">[email protected]</span></a>.
Kimberly R. Ziegler,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2026-05935 Filed 3-26-26; 8:45 am]
BILLING CODE 6001-FR-P
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