[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Rules and Regulations]
[Pages 41480-41483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16204]
[[Page 41479]]
Vol. 90
Monday,
No. 162
August 25, 2025
Part II
Defense Acquisition Regulations System
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48 CFR Part 205, 212, 225, et. al.
Defense Federal Acquisition Regulation Supplement; Technical
Amendments; Defense Federal Acquisition Regulation Supplement:
Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case
2024-D002); Defense Federal Acquisition Regulation Supplement:
Preventing Conflicts of Interest for Certain Consulting Services (DFARS
Case 2024-D007); Defense Federal Acquisition Regulation Supplement:
Limitation on Certain Institutes of Higher Education (DFARS Case 2024-
D023); Final Rules; Defense Federal Acquisition Regulation Supplement:
Disclosure of DoD Funding in Technical Publications (DFARS Case 2024-
D003); Proposed Rules
Federal Register / Vol. 90 , No. 162 / Monday, August 25, 2025 /
Rules and Regulations
[[Page 41480]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 205, 212, 225, 227, 242, 246, and 252
[Docket DARS-2025-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
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SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to make needed editorial changes.
DATES: Effective August 25, 2025.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone
703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes to update cross-references; restore text that
was inadvertently removed from the Code of Federal Regulations; update
addresses and an internet link; correct the titles of three contract
clauses; correct a reference to University Affiliated Research Centers;
and comply with DFARS drafting conventions.
List of Subjects in 48 CFR Parts 205, 212, 225, 227, 242, 246, and
252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
parts 205, 212, 225, 227, 242, 246, and 252 as follows:
0
1. The authority citation for 48 CFR parts 205, 212, 225, 227, 242,
246, and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 205--PUBLICIZING CONTRACT ACTIONS
205.301 [Amended]
0
2. Amend section 205.301 in paragraph (a)(S-70)(iii)(B) by removing
``225.003(10)'' and adding ``225.003'' in its place.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
3. Amend section 212.301 by--
0
a. Revising paragraph (f)(xii)(D); and
0
b. Adding paragraphs (f)(xiii) and (xiv).
The revision and addition read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(xii) * * *
(D) Use the clause at 252.227-7037, Validation of Asserted
Restrictions on Technical Data, as prescribed in 227.7102-4(c), to
comply with 10 U.S.C. 3781-3786.
* * * * *
(xiii) Part 229--Taxes. Use the clause at 252.229-7014, Full
Exemption from Two-Percent Excise Tax on Certain Foreign Procurements,
as prescribed in 229.402-70, to comply with 26 U.S.C. 5000C.
(xiv) Part 232--Contract Financing. (A) Use the clause at 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports,
as prescribed in 232.7004, to comply with 10 U.S.C. 4601.
(B) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, as prescribed in 232.7004(b).
(C) Use the clause at 252.232-7009, Mandatory Payment by
Governmentwide Commercial Purchase Card, as prescribed in 232.1110.
(D) Use the clause at 252.232-7010, Levies on Contract Payments, as
prescribed in 232.7102, to comply with 26 U.S.C. 6331(h).
(E) Use the clause at 252.232-7011, Payments in Support of
Emergencies and Contingency Operations, as prescribed in 232.908.
(F) Use the provision at 252.232-7014, Notification of Payment in
Local Currency (Afghanistan), as prescribed in 232.7202.
* * * * *
PART 225--FOREIGN ACQUISITION
225.7002-2 [Amended]
0
4. Amend section 225.7002-2 in paragraph (b) introductory text by
removing ``Secretary'' and adding ``secretary'' in its place.
225.7003-3 [Amended]
0
5. Amend section 225.7003-3 in paragraphs (b)(5)(i) and (c)(2) by
removing ``Secretary'' and adding ``secretary'' in its place.
225.7009-4 [Amended]
0
6. Amend section 225.7009-4 in the introductory text by removing
``Secretary'' and adding ``secretary'' in its place.
225.7011-2 [Amended]
0
7. Amend section 225.7011-2 in the introductory text by removing
``Secretary'' and adding ``secretary'' in its place.
225.7013-2 [Amended]
0
8. Amend section 225.7013-2 in paragraph (b)(3)(iii) by removing
``Secretary of Navy'' and adding ``Secretary of the Navy'' in its
place.
PART 227--PATENTS, DATA, AND COPYRIGHTS
227.7102-3 [Amended]
0
9. Amend section 227.7102-3 by removing ``Restrictive Markings'' and
adding ``Asserted Restrictions'' in its place.
227.7102-4 [Amended]
0
10. Amend section 227.7102-4 in paragraph (c) by removing ``Restrictive
Markings'' and adding ``Asserted Restrictions'' in its place.
227.7103-4 [Amended]
0
11. Amend section 227.7103-4 in paragraph (b) by removing
``Noncommercial Items'' and adding ``Other Than Commercial Products and
Commercial Services'' in its place.
0
12. Amend section 227.7103-6 by revising and republishing paragraph (e)
to read as follows:
227.7103-6 Contract clauses.
* * * * *
(e) Use the following clauses in solicitations and contracts that
include the clause at 252.227-7013:
(1) 252.227-7016, Rights in Bid or Proposal Information.
(2) 252.227-7030, Technical Data--Withholding of Payment.
(3) 252.227-7037, Validation of Asserted Restrictions on Technical
Data (paragraph (e) of the clause contains information that must be
included in a challenge).
227.7103-11 [Amended]
0
13. Amend section 227.7103-11 in paragraph (b) by removing
``Restrictive Markings'' and adding ``Asserted Restrictions'' in its
place.
227.7103-12 [Amended]
0
14. Amend section 227.7103-12 in paragraph (a)(2) by removing
[[Page 41481]]
``Restrictive Markings'' and adding ``Asserted Restrictions'' in its
place.
227.7103-13 [Amended]
0
15. Amend section 227.7103-13 in paragraph (d) introductory text by
removing ``Restrictive Markings'' and adding ``Asserted Restrictions''
in its place.
0
16. Amend section 227.7103-15 by--
0
a. In paragraph (a), removing ``Restrictive Markings'' and adding
``Asserted Restrictions'' in its place; and
0
b. Revising and republishing paragraph (c).
The revision and republication reads as follows:
227.7103-15 Subcontractor rights in technical data.
* * * * *
(c) Require prime contractors whose contracts include the following
clauses to include those clauses, without modification except for
appropriate identification of the parties, in contracts with
subcontractors or suppliers, at all tiers, who will be furnishing
technical data for other than commercial products or commercial
services in response to a Government requirement:
(1) 252.227-7013, Rights in Technical Data--Other Than Commercial
Products and Commercial Services.
(2) 252.227-7025, Limitations on the Use or Disclosure of
Government-Furnished Information Marked with Restrictive Legends.
(3) 252.227-7028, Technical Data or Computer Software Previously
Delivered to the Government.
(4) 252.227-7037, Validation of Asserted Restrictions on Technical
Data.
* * * * *
227.7104-4 [Amended]
0
17. Amend section 227.7104-4 in paragraph (b)(7) by removing
``Restrictive Markings'' and adding ``Asserted Restrictions'' in its
place.
227.7203-6 [Amended]
0
18. Amend section 227.7203-6 in paragraph (f) by removing ``Restrictive
Markings'' and adding ``Asserted Restrictions'' in its place.
227.7203-12 [Amended]
0
19. Amend section 227.7203-12 in paragraph (a)(2) by removing
``Restrictive Markings'' and adding ``Asserted Restrictions'' in its
place.
227.7203-13 [Amended]
0
20. Amend section 227.7203-13 in paragraph (d)(2) by removing
``Restrictive Markings'' and adding ``Asserted Restrictions'' in its
place.
227.7203-15 [Amended]
0
21. Amend section 227.7203-15 in paragraph (b) by removing
``Restrictive Markings'' and adding ``Asserted Restrictions'' in its
place.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.7001 [Amended]
0
22. Amend section 242.7001 in the introductory text by removing
``Associated'' and adding ``Affiliated'' in its place.
PART 246--QUALITY ASSURANCE
246.710 [Amended]
0
23. Amend section 246.710 in paragraph (3) introductory text by
removing ``211.274-6(a)'' and adding ``211.274-5(a)'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
24. Amend section 252.225-7003 by revising the section heading to read
as follows:
252.225-7003 Report of Intended Performance Outside the United States
and Canada--Submission with Offer.
* * * * *
0
25. Amend section 252.225-7013 by revising the clause date, paragraph
(e)(2)(iv), and paragraph (f)(1)(i)(B).
The revisions read as follows:
252.225-7013 Duty-Free Entry.
* * * * *
Duty-Free Entry (Aug 2025)
* * * * *
(e) * * *
(2) * * *
(iv)(A) For direct shipments to a U.S. military installation,
the notation: ``UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE
Duty-Free Entry to be claimed pursuant to Section XXII, Chapter 98,
Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule
of the United States. Upon arrival of shipment at the appropriate
port of entry, District Director of Customs, please release shipment
under 19 CFR part 142 and notify Defense Contract Management Agency
(DCMA) St. Louis, St. Louis, MO, ATTN: Duty Free Entry Team, 1222
Spruce Street, Room 9.300, St. Louis, MO 63103-2812, for execution
of Customs Form 7501, 7501A, or 7506 and any required duty-free
entry certificates.''
(B) If the shipment will be consigned to other than a military
installation, e.g., a domestic contractor's plant, the shipping
document notation shall be altered to include the name and address
of the contractor, agent, or broker who will notify DCMA St. Louis,
Duty Free Entry Team, for execution of the duty-free entry
certificate. (If the shipment will be consigned to a contractor's
plant and no duty-free entry certificate is required due to a trade
agreement, the Contractor shall claim duty-free entry under the
applicable trade agreement and shall comply with the U.S. Customs
Service requirements. No notification to DCMA St. Louis, Duty Free
Entry Team, is required.)
* * * * *
(f) * * *
(1)(i) * * *
(B) Submit the completed customs forms to the District Director
of Customs, with a copy to DCMA St. Louis, Duty Free Entry Team for
execution of any required duty-free entry certificates.
* * * * *
0
26. Amend section 252.225-7040 by revising the clause date and
paragraph (g)(2) to read as follows:
252.225-7040 Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States.
* * * * *
Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the
United States (Aug 2025)
* * * * *
(g) * * *
(2) The Contractor shall enter the required information about
their contractor personnel prior to deployment and shall continue to
use the SPOT web-based system at https://spot.dmdc.mil to maintain
accurate, up-to-date information throughout the deployment for all
Contractor personnel. Changes to status of individual Contractor
personnel relating to their in-theater arrival date and their duty
location, to include closing out the deployment with their proper
status (e.g., mission complete, killed, wounded) shall be annotated
within the SPOT database in accordance with the timelines
established in the SPOT Business Rules at https://www.acq.osd.mil/asds/log/cso/ocs/spot.html.
* * * * *
0
27. Amend section 252.227-7013 by--
0
a. Revising the clause title and date;
0
b. In paragraph (f)(4), removing ``Restrictive Markings'' and adding
``Asserted Restrictions'' in its place;
0
c. In paragraphs (g)(3) and (4), removing ``Commercial Products or''
and adding ``Commercial Products and'' in its place; and
0
d. Revising paragraph (i).
The revisions read as follows:
252.227-7013 Rights in Technical Data--Other Than Commercial Products
and Commercial Services.
* * * * *
Rights in Technical Data--Other Than Commercial Products and Commercial
Services (Aug 2025)
* * * * *
(i) Removal of unjustified and nonconforming markings--(1)
Unjustified
[[Page 41482]]
technical data markings. The rights and obligations of the parties
regarding the validation of restrictive markings on technical data
furnished or to be furnished under this contract are contained in
the DFARS 252.227-7037, Validation of Asserted Restrictions on
Technical Data, clause of this contract. Notwithstanding any
provision of this contract concerning inspection and acceptance, the
Government may ignore or, at the Contractor's expense, correct or
strike a marking if, in accordance with the procedures in the
Validation of Asserted Restrictions on Technical Data clause of this
contract, a restrictive marking is determined to be unjustified.
(2) Nonconforming technical data markings. A nonconforming
marking is a marking placed on technical data delivered or otherwise
furnished to the Government under this contract that is not in the
format authorized by this contract. Correction of nonconforming
markings is not subject to the DFARS 252.227-7037, Validation of
Asserted Restrictions on Technical Data, clause of this contract. If
the Contracting Officer notifies the Contractor of a nonconforming
marking and the Contractor fails to remove or correct such marking
within 60 days, the Government may ignore or, at the Contractor's
expense, remove or correct any nonconforming marking.
* * * * *
0
28. Amend section 252.227-7014 by--
0
a. Revising the clause date;
0
b. In paragraph (a) in the definition of ``Restricted rights'',
revising paragraphs (5)(iv) and (6)(iii);
0
c. Revising paragraph (f)(3); and
0
d. Revising paragraph (i).
The revisions read as follows:
252.227-7014 Rights in Other Than Commercial Computer Software and
Other Than Commercial Computer Software Documentation.
* * * * *
Rights in Other Than Commercial Computer Software and Other Than
Commercial Computer Software Documentation (Aug 2025)
(a) * * *
Restricted rights * * *
(5) * * *
(iv) Such use is subject to the limitations in paragraphs (1)
through (4) of this definition;
(6) * * *
(iii) Such use is subject to the limitations in paragraphs (1)
through (4) of this definition; and
* * * * *
(f) * * *
(3) In addition to the assertions made in the Attachment, other
assertions may be identified after award when based on new
information or inadvertent omissions unless the inadvertent
omissions would have materially affected the source selection
decision. Such identification and assertion shall be submitted to
the Contracting Officer as soon as practicable prior to the
scheduled data for delivery of the software, in the following
format, and signed by an official authorized to contractually
obligate the Contractor.
Identification and Assertion of Restrictions on the Government's Use,
Release, or Disclosure of Computer Software
The Contractor asserts for itself, or the persons identified
below, that the Government's rights to use, release, or disclose the
following computer software should be restricted:
------------------------------------------------------------------------
Computer software
to be furnished Basis for Asserted rights Name of person
with restrictions assertion \2\ category \3\ asserting
\1\ restrictions \4\
------------------------------------------------------------------------
(LIST) (LIST) (LIST) (LIST)
------------------------------------------------------------------------
\1\ Generally, development at private expense, either exclusively or
partially, is the only basis for asserting restrictions on the
Government's rights to use, release, or disclose computer software.
\2\ Indicate whether development was exclusively or partially at private
expense. If development was not at private expense, enter the specific
reason for asserting that the Government's rights should be
restricted.
\3\ Enter asserted rights category (e.g., restricted or government
purpose rights in computer software, government purpose license rights
from a prior contract, rights in SBIR/STTR data generated under
another contract, or specifically negotiated licenses).
\4\ Corporation, individual, or other person, as appropriate.
Date-------------------------------------------------------------------
Printed Name and Title-------------------------------------------------
-----------------------------------------------------------------------
Signature--------------------------------------------------------------
(End of identification and assertion)
* * * * *
(i) Removal of unjustified and nonconforming markings. (1)
Unjustified computer software or computer software documentation
markings. The rights and obligations of the parties regarding the
validation of restrictive markings on computer software or computer
software documentation furnished or to be furnished under this
contract are contained in the DFARS 252.227-7019, Validation of
Asserted Restrictions--Computer Software, and the DFARS 252.227-
7037, Validation of Asserted Restrictions on Technical Data, clauses
of this contract, respectively. Notwithstanding any provision of
this contract concerning inspection and acceptance, the Government
may ignore or, at the Contractor's expense, correct or strike a
marking if, in accordance with the procedures of those clauses, a
restrictive marking is determined to be unjustified.
(2) Nonconforming computer software or computer software
documentation markings. A nonconforming marking is a marking placed
on computer software or computer software documentation delivered or
otherwise furnished to the Government under this contract that is
not in the format authorized by this contract. Correction of
nonconforming markings is not subject to the DFARS 252.227-7019,
Validation of Asserted Restrictions--Computer Software, or the DFARS
252.227-7037, Validation of Asserted Restrictions on Technical Data,
clause of this contract. If the Contracting Officer notifies the
Contractor of a nonconforming marking or markings and the Contractor
fails to remove or correct such markings within 60 days, the
Government may ignore or, at the Contractor's expense, remove or
correct any nonconforming markings.
* * * * *
0
29. Amend section 252.227-7018 by--
0
a. Revising the section heading;
0
b. Adding introductory text;
0
c. Revising the clause title and date;
0
d. In paragraph (a) in the definition of ``Restricted rights'',
revising paragraphs (5)(iii), (5)(iv), and (6)(iii);
0
e. In paragraph (f)(4), removing ``Restrictive Markings'' and adding
``Asserted Restrictions'' in its place; and
0
f. Revising paragraph (i).
The revisions and addition read as follows:
252.227-7018 Rights in Other Than Commercial Technical Data and
Computer Software--Small Business Innovation Research Program and Small
Business Technology Transfer Program.
As prescribed in 227.7104-4(a)(1), use the following clause: RIGHTS
IN OTHER THAN COMMERCIAL TECHNICAL DATA AND COMPUTER SOFTWARE--SMALL
BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAM (AUG 2025)
(a) * * *
Restricted rights * * *
(5) * * *
(iii) The Government shall not permit the recipient to
decompile, disassemble, or reverse engineer the software, or use
software decompiled, disassembled, or reverse engineered by the
Government pursuant to paragraph (4) of this definition, for any
other purpose; and
(iv) Such use is subject to the limitations in paragraphs (1)
through (4) of this definition;
(6) * * *
[[Page 41483]]
(iii) Such use is subject to the limitations in paragraphs (1)
through (4) of this definition; and
* * * * *
(i) Removal of unjustified and nonconforming markings. (1)
Unjustified markings. The rights and obligations of the parties
regarding the validation of restrictive markings on technical data
or computer software furnished or to be furnished under this
contract are contained in the DFARS 252.227-7037, Validation of
Asserted Restrictions on Technical Data, and the DFARS 252.227-7019,
Validation of Asserted Restrictions--Computer Software, clauses of
this contract, respectively. Notwithstanding any provision of this
contract concerning inspection and acceptance, the Government may
ignore or, at the Contractor's expense, correct or strike a marking
if, in accordance with the applicable procedures of those clauses, a
restrictive marking is determined to be unjustified.
(2) Nonconforming markings. A nonconforming marking is a marking
placed on technical data or computer software delivered or otherwise
furnished to the Government under this contract that is not in the
format authorized by this contract. Correction of nonconforming
markings is not subject to the DFARS 252.227-7037, Validation of
Asserted Restrictions on Technical Data, or the DFARS 252.227-7019,
Validation of Asserted Restrictions--Computer Software, clause of
this contract. If the Contracting Officer notifies the Contractor of
a nonconforming marking or markings and the Contractor fails to
remove or correct such markings within 60 days, the Government may
ignore or, at the Contractor's expense, remove or correct any
nonconforming markings.
* * * * *
[FR Doc. 2025-16204 Filed 8-22-25; 8:45 am]
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