Defense Federal Acquisition Regulation Supplement: Rights in Technical Data and Computer Software – Information Collection Requirement
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The Defense Acquisition Regulations System (DARS) has submitted a proposal to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA) concerning the collection of information related to rights in technical data and computer software under the Defense Federal Acquisition Regulation Supplement (DFARS). This notice pertains to the contractual requirements imposed on defense contractors to document, assert, and justify their intellectual property rights — specifically proprietary rights — in technical data and computer software delivered to or developed for the U.S. Department of Defense (DoD). Under DFARS provisions, contractors must submit assertions identifying which data and software are delivered with restricted rights, limited rights, or government-purpose rights, along with the basis for those assertions. This information allows the DoD to evaluate contractor IP claims and ensure the government obtains the data rights it needs for sustainment, competition, and national security purposes. The PRA submission invites public comment on the necessity, burden, and accuracy of the information collection, and seeks OMB approval to continue or renew the existing collection requirement.
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Key Changes
- DARS has submitted a new PRA package to OMB for clearance, meaning the existing information collection requirement for IP rights assertions under DFARS is under renewal or continuation review.
- Defense contractors are required to assert and document proprietary rights in technical data and computer software delivered to the DoD, specifying the category of rights (restricted, limited, or government-purpose).
- Contractors must provide written justification for any IP rights assertions, which the DoD uses to evaluate and potentially challenge contractor claims.
+ 3 more changes with Pro
Obligations
What this law requires
Defense contractors must submit assertions identifying which technical data and computer software are delivered with restricted rights, limited rights, or government-purpose rights
Defense contractors must document the basis and justification for their intellectual property rights assertions in technical data and computer software
Defense contractors must identify proprietary rights claims associated with technical data and computer software delivered to or developed for the U.S. Department of Defense
Defense contractors must submit information collections as required under DFARS provisions for OMB clearance under the Paperwork Reduction Act