Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 11803 

PART 225—FOREIGN ACQUISITION 

■ 5. Add sections 225.70WW, 

225.70WW–1, 225.70WW–2, 

225.70WW–3, and 225.70WW–4 to 

subpart 225.70 to read as follows: 

* * * * * 

Sec. 

225.70WW Restriction on acquisition of 

fuel for overseas contingency operations. 

225.70WW–1 Scope. 

225.70WW–2 Prohibition. 

225.70WW–3 Procedures. 

225.70WW–4 Solicitation provision. 

* * * * * 

225.70WW Restriction on acquisition of 

fuel for overseas contingency operations. 

225.70WW–1 Scope. 

This section implements section 843 

of the National Defense Authorization 

Act for Fiscal Year 2022 (Pub. L. 117– 

81), for the acquisition of fuel for 

overseas contingency operations. 

225.70WW–2 Prohibition. 

Contracting officers shall not award, 

for an overseas contingency operation, a 

contract for fuel, in whole or in part, or 

derivatives of such fuel, that is sourced 

from nations or regions prohibited from 

selling petroleum to the United States. 

See FAR subpart 25.7 for prohibited 

sources. 

225.70WW–3 Procedures. 

(a) For contracts for the acquisition of 

fuel for overseas contingency 

operations, including contracts using 

FAR part 12 procedures, expected to 

exceed the simplified acquisition 

threshold, the contracting officer— 

(1) May request records from the 

apparent successful offeror to verify 

compliance with the following statutes 

and regulations only when the head of 

the contracting activity determines in 

writing that it is necessary: 

(i) The Foreign Corrupt Practices Act 

(15 U.S.C. 78dd–1 et seq.). 

(ii) International Traffic in Arms 

Regulations at 22 CFR 120 through 130 

(see PGI 225.7901–2). 

(iii) Export Administration 

Regulations at 15 CFR 730 through 774 

(see PGI 225.7901–2). 

(iv) Relevant regulations promulgated 

by the Office of Foreign Assets Control 

of the Department of the Treasury. 

Sanction information for specific 

countries and programs is available at 

https://ofac.treasury.gov/sanctionsprograms-and-country-information. 

(2) To the maximum extent 

practicable, shall not disqualify an 

otherwise responsible offeror on the 

basis of an unsupported denial of access 

to a facility or equipment by a hostnation government. The provision at 

252.225–70XX, Restriction on 

Acquisition of Fuel for Overseas 

Contingency Operations, requires 

offerors to report promptly to the 

contracting officer, prior to award, any 

instance of unsupported denial of access 

to a facility or equipment by a hostnation government that may prevent it 

from complying with the terms and 

conditions of the solicitation. 

(b) See 215.101–71 for the 

requirement to consider using a tradeoff 

process. 

225.70WW–4 Solicitation provision. 

Use the provision at 252.225–70XX, 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations, in 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, that are for the 

acquisition of fuel for overseas 

contingency operations and are 

expected to exceed the simplified 

acquisition threshold. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. Add section 252.225–70XX to read 

as follows: 

252.225–70XX Restriction on Acquisition 

of Fuel for Overseas Contingency 

Operations. 

As prescribed in 225.70WW–4, use 

the following provision: 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations (Date) 

(a) Prohibition. For an overseas 

contingency operation, DoD may not procure 

fuel in whole or in part, or derivatives of 

such fuel, that is sourced from nations or 

regions prohibited from selling petroleum to 

the United States. See Federal Acquisition 

Regulation subpart 25.7 for prohibited 

sources. 

(b) Certification. Offerors shall complete 

the certification in paragraph (b)(1) of this 

provision and submit the certification with 

their offer. 

(1) The Offeror does [ ] does not [ ] certify 

that the fuel, in whole or in part, or 

derivatives of such fuel, to be provided under 

any contract resulting from this solicitation is 

not sourced from a nation or region 

prohibited from selling petroleum to the 

United States. 

(2) Only Offerors who certify that the fuel 

to be provided is not sourced from a 

prohibited nation or region will be eligible 

for award. 

(c) Compliance. 

(1) When requested by the Contracting 

Officer, the apparent successful Offeror shall 

submit records necessary to demonstrate 

compliance with applicable laws and 

regulations regarding export-controlled items 

and anticorruption statutes and regulations 

including— 

(i) The Foreign Corrupt Practices Act (15 

U.S.C. 78dd–1 et seq.); 

(ii) International Traffic in Arms 

Regulations (ITAR) at 22 CFR 120 through 

130 (also see Defense Federal Acquisition 

Regulation Supplement (DFARS) clause 

252.225–7048, Export-Controlled Items); 

(iii) Export Administration Regulations 

(EAR) at 15 CFR 730 through 774 (also see 

DFARS clause 252.225–7048); and 

(iv) Relevant regulations promulgated by 

the Office of Foreign Assets Control of the 

Department of the Treasury. Sanction 

information for specific countries and 

programs is available at https://ofac.treasury.

gov/sanctions-programs-and-countryinformation. 

(2) The Offeror shall contact the 

Department of State regarding ITAR 

compliance and the Department of 

Commerce regarding EAR compliance. 

(d) Reporting requirement. The Offeror 

shall, prior to contract award, promptly 

report to the Contracting Officer any instance 

of unsupported denial of access to a facility 

or equipment by a host-nation government 

that may prevent it from complying with the 

terms and conditions of the solicitation. 

(End of provision) 

[FR Doc. 2024–02742 Filed 2–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 227, and 252 

[Docket DARS–2024–0005] 

RIN 0750–AL21 

Defense Federal Acquisition 

Regulation Supplement: Use of DoD 

Program Nomenclature (DFARS Case 

2021–D002) 

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 

introduce coverage of trademarks and 

similar designations, such as popular 

names and program names. In addition 

to the request for written comments on 

this proposed rule, DoD will hold a 

public meeting to hear the views of 

interested parties. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

15, 2024, to be considered in the 

formation of a final rule. 

Public Meeting: A virtual public 

meeting will be held on March 22, 2024, 

from 1:00 p.m. to 5:00 p.m., Eastern 


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time. The public meeting will end at the 

stated time, or when the discussion 

ends, whichever comes first. 

Registration: Registration to attend the 

public meeting must be received no 

later than close of business on March 

15, 2024. Information on how to register 

for the public meeting is provided under 

the SUPPLEMENTARY INFORMATION section 

of this proposed rule. 

ADDRESSES: 

Public Meeting: A virtual public 

meeting will be held using Zoom video 

conferencing software. 

Submission of Comments: Submit 

comments identified by DFARS Case 

2021–D002, using either of the 

following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

DFARS Case 2021–D002. Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2021–D002’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2021–D002 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: 

David E. Johnson, telephone 202–913– 

5764. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement coverage of contractspecific designations, such as popular 

names and program names. DoD intends 

this coverage to avoid or minimize 

conflict between DoD and offerors and 

contractors over rights to such 

designations. In particular, this 

proposed rule creates a mechanism to 

foster transparency between DoD and 

offerors and contractors regarding 

claimed ownership of such 

designations. 

By providing for such information 

exchange, this proposed rule is intended 

to allow the parties to identify possibly 

conflicting claims to designations before 

contract award. This will encourage the 

early and efficient resolution of 

potential disputes over ownership and 

use of designations. This proposed rule 

is therefore intended to work both 

prospectively and proactively to prevent 

such claims or disputes from happening 

as DoD establishes designations. 

II. Public Meeting 

DoD is interested in a dialogue with 

experts and interested parties both in 

the Government and the private sector 

regarding amending the DFARS to 

implement coverage of trademarks and 

similar designations, such as popular 

names and program names. 

Registration: Individuals wishing to 

participate in the virtual meeting must 

register by March 15, 2024, to facilitate 

entry to the meeting. Interested parties 

may register for the meeting by sending 

the following information via email to 

osd.dfars@mail.mil and include ‘‘Public 

Meeting, DFARS Case 2021–D002’’ in 

the subject line of the message: 

• Full name. 

• Valid email address, which will be 

used for admittance to the meeting. 

• Valid telephone number, which 

will serve as a secondary connection 

method. Registrants must provide the 

telephone number they plan on using to 

connect to the virtual meeting. 

• Company or organization name. 

• Whether the individual desires to 

make a presentation. 

Pre-registered individuals will receive 

instructions for connecting using the 

Zoom video conferencing software not 

more than one week before the meeting 

is scheduled to commence. 

Presentations: Presentations will be 

limited to 5 minutes per company or 

organization. This limit may be subject 

to adjustment, depending on the 

number of entities requesting to present, 

in order to ensure adequate time for 

discussion. If you wish to make a 

presentation, please submit an 

electronic copy of your presentation via 

email to osd.dfars@mail.mil no later 

than the registration date for the specific 

meeting. Each presentation should be in 

PowerPoint to facilitate projection 

during the public meeting and should 

include the presenter’s name, title, 

organization affiliation, telephone 

number, and email address on the cover 

page. 

Correspondence, Comments, and 

Presentations: Please cite ‘‘Public 

Meeting, DFARS Case 2021–D002’’ in 

all correspondence related to the public 

meeting. There will be no transcription 

of the meeting. The submitted 

presentations will be posted to the 

following website at the conclusion of 

the public meeting: https://www.acq.

osd.mil/dpap/dars/technical_data_

rights.html. 

III. Discussion and Analysis 

This proposed rule places the 

coverage of contract-specific 

designations in a new subpart in DFARS 

part 227, Patents, Data, and Copyrights. 

The new subpart 227.7X, ContractSpecific Designations, defines the term 

‘‘Government designation’’ to cover the 

larger set of trademarks and 

designations of potential concern to 

DoD. Further, this proposed rule defines 

the term ‘‘contract-specific designation’’ 

to cover designations and names of 

particular concern for specific contracts. 

‘‘Contract-specific designations’’ are 

therefore a subset of ‘‘Government 

designations.’’ This proposed rule 

requires contracting officers to include 

in solicitations a list of contract-specific 

designations relevant to the acquisition. 

The contract clause proposed at 

DFARS 252.227–70YY, Contractor Use 

of Government Designations, applies 

only to ‘‘contract-specific designations.’’ 

However, the defined term 

‘‘Government designation’’ is relevant 

for acquisition-planning purposes, 

including whether such marks or 

designations are or should be associated 

with a given contract to become 

‘‘contract-specific designations’’ for that 

contract. 

This proposed rule also defines the 

term ‘‘asserted marks’’ to recognize 

trademarks and other designations in 

which offerors claim ownership or 

control. An offeror’s submission of an 

asserted-marks list facilitates 

recognition of offeror-owned marks or 

designations, and it supports a process 

for required assertions analogous to that 

in the solicitation provision at DFARS 

252.227–7017, Identification and 

Assertion of Use, Release, or Disclosure 

Restrictions, for assertions of contractor 

restrictions on use of technical data and 

computer software. 

DFARS 227.7X01 and 252.227–70YY 

include definitions of the terms 

‘‘asserted marks,’’ ‘‘contract-specific 

designation,’’ and ‘‘Government 

designation.’’ The solicitation provision 

proposed at 252.227–70XX, 

Identification of Asserted Marks, also 

includes a cross-reference to these 

definitions contained in 252.227–70YY. 

The proposed rule prescribes both new 

provision 252.227–70XX, Identification 

of Asserted Marks, and new clause 

252.227–70YY, Contractor Use of 

Government Designations, for use when 

the acquisition is expected to exceed the 

simplified acquisition threshold and 

will involve use of one or more 

Government designations. 

The provision at 252.227–70XX 

requires offerors both to include an 

asserted-marks list in their offers and to 

update the asserted-marks list prior to 

contract award. The provision notes 

that, like assertions of data rights 

restrictions in DFARS 252.227–7017, 

submission of an asserted-marks list 


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does not constitute the Government’s 

agreement to the rights asserted therein. 

With respect to contract-specific 

designations, DFARS clause 252.227– 

70YY, paragraph (b) contains 

requirements on the part of the 

contractor and authorizations for the 

contractor to conduct certain activities. 

DFARS 252.227–70YY, paragraph (c) 

obligates the contractor to provide 

notice if it becomes aware of 

unauthorized use or infringement of 

contract-specific designations by third 

parties and, in addition, to cooperate 

with the Government and not to attempt 

to enforce rights in any contract-specific 

designation. 

IV. 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 a new 

provision and a new clause: (1) DFARS 

252.227–70XX, Identification of 

Asserted Marks, and (2) DFARS 

252.227–70YY, Contractor Use of 

Government Designations. The 

provision at DFARS 252.227–70XX is 

prescribed at DFARS 227.7X04 for use 

in solicitations that include the clause at 

DFARS 252.227–70YY. The clause at 

DFARS 252.227–70YY is prescribed at 

DFARS 227.7X04 for use in solicitations 

and contracts, including solicitations 

and contracts using Federal Acquisition 

Regulation part 12 procedures for the 

acquisition of commercial products, 

including COTS items, and commercial 

services, that are expected to exceed the 

SAT and will involve use of one or more 

Government designations. Not applying 

this provision and clause to contracts 

for commercial products would exclude 

contracts intended to be covered by this 

rule and undermine the overarching 

purpose of the rule. Consequently, DoD 

plans to apply the rule to contracts for 

the acquisition of commercial products, 

including COTS items, and commercial 

services. 

V. Expected Impact of the Rule 

The DFARS currently does not 

directly address ownership of 

trademarks and similar marks or 

designations, such as popular names or 

program names. While there is 

protection for common law trademarks 

and registered trademarks in the 

Lanham (Trademark) Act, this 

protection may not apply to all types of 

marks and designations used and owned 

by DoD and contractors. The proposed 

rule, when finalized, will require 

contracting officers to include in 

solicitations a list of contract-specific 

designations relevant to the acquisition. 

This proposed rule requires offerors to 

submit in their offers an asserted-marks 

list to facilitate recognition of 

contractor-owned marks or 

designations. This proposed rule is 

intended to create a transparency 

mechanism for each party to identify 

designations, marks, or trademarks that 

may overlap prior to contract award to 

encourage early and efficient resolution 

of potential disputes over ownership of 

marks or designations. The proposed 

rule will proactively prevent disputes 

arising from overlapping claims before 

contract award. 

VI. 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. 

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 the economic impact of the 

proposed rule on offerors is expected to 

be slight or negligible. However, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 

DoD is proposing to amend the 

DFARS to add text ensuring that DoD 

and its authorized contractors are not 

restricted in the use of certain DoD 

program nomenclature, such as program 

names and assigned DoD systems 

designations (e.g., a type of missiondesign-series designator, approved item 

name, or approved popular name) that 

are assigned and approved by the 

Government pursuant to established 

procedures. 

The objectives of the proposed rule 

are to balance and protect the varied 

interests and equities that both DoD and 

its contractors might possess in DoD 

program nomenclature, including but 

not limited to trademarks. The legal 

basis for the proposed rule is 41 U.S.C. 

1303. 

This proposed rule may impact small 

entities that are awarded DoD contracts 

for major programs, to include 

Acquisition Category 1 programs. Based 

on data from the Federal Procurement 

Data System and Electronic Data Access 

for fiscal year 2018 through fiscal year 

2020, DoD estimates that an average of 

222 unique small entities are awarded 

an average of 364 total contract actions 

on an annual basis that likely implicate 

DoD program nomenclature. 

The changes in this proposed rule 

would add a requirement for offerors to 

submit an asserted-marks list, accurate 

at time of offer. ‘‘Asserted marks’’ means 

all trademarks, service marks, collective 

marks, certification marks, or other 

marks used as indicators of origin or 

source, whether registered or not, that 

the offeror or contractor asserts that it 

owns or controls, that are associated 

with a specific contract or program, and 

that are included in the asserted-marks 

list made part of the contract. Such 

asserted marks might include, but are 

not limited to, the following: corporate 

names, trade names, logos, acronyms, 

slogans, insignia, seals, emblems, 

domain names, website addresses, and 

hashtags. An offeror may submit an 

updated asserted-marks list any time 

before contract award. 

This proposed rule applies to all 

offerors, including both large and small 

entities, responding to solicitations 

containing the solicitation provision 

proposed at DFARS 252.227–70XX, 

Identification of Asserted Marks. This 

proposed rule therefore imposes new 

recordkeeping and compliance 

requirements for small entities. Seniorlevel staff will most likely possess the 

skills necessary to prepare the offeror’s 

asserted-marks list. 

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. 

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 2021–D002), in correspondence. 

VIII. Paperwork Reduction Act 

This proposed rule contains 

information collection requirements that 

require the approval of the Office of 


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Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). Accordingly, DoD has 

submitted a request for approval of a 

new information collection requirement 

concerning Use of DoD Program 

Nomenclature (DFARS Case 2021–D002) 

to the Office of Management and 

Budget. 

A. Estimate of Public Burden 

Public reporting burden for this 

collection of information is estimated to 

average 1.8 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

The annual reporting burden is 

estimated as follows: 

Respondents: 2,656. 

Responses per respondent: 

Approximately 1.3. 

Total annual responses: 3,320. 

Preparation hours per response: 1.8 

hours. 

Total response burden hours: 5,976. 

B. Request for Comments Regarding 

Paperwork Burden 

Written comments and 

recommendations on the proposed 

information collection, including 

suggestions for reducing this burden, 

should be submitted using the Federal 

eRulemaking Portal at https://

www.regulations.gov or by email to 

osd.dfars@mail.mil. Comments can be 

received up to 60 days after the date of 

this proposed rule. 

Public comments are particularly 

invited on: whether this collection of 

information is necessary for the proper 

performance of the functions of DoD, 

including whether the information will 

have practical utility; the accuracy of 

DoD’s estimate of the public burden of 

this information collection; ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

ways to minimize the burden of the 

information collection on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology. 

To obtain a copy of the supporting 

statement and associated collection 

instruments, please email osd.dfars@

mail.mil. Include DFARS Case 2021– 

D002 in the subject line of the message. 

List of Subjects in 48 CFR Parts 212, 

227, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 212, 227, and 

252 are proposed to be amended as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 227, and 252 continues to 

read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 2. Amend section 212.301 by adding 

new paragraphs (f)(xii)(D) and (E) to 

read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial products and commercial 

services. 

* * * * * 

(f) * * * 

(xii) * * * 

(D) Use the provision at 252.227– 

70XX, Identification of Asserted Marks, 

as prescribed in 227.7X04(a). 

(E) Use the clause at 252.227–70YY, 

Contractor Use of Government 

Designations, as prescribed in 

227.7X04(b). 

* * * * * 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

■ 3. Add subpart 227.7X to read as 

follows: 

SUBPART 227.7X—CONTRACT-SPECIFIC 

DESIGNATIONS 

Sec. 

227.7X00 Scope of subpart. 

227.7X01 Definitions. 

227.7X02 General. 

227.7X03 Procedures. 

227.7X04 Solicitation provision and 

contract clause. 

SUBPART 227.7X—CONTRACTSPECIFIC DESIGNATIONS 

227.7X00 Scope of subpart. 

This subpart prescribes procedures 

regarding the identification and use of 

Government designations, such as 

trademarks and program names, and the 

identification of offerors’ and 

contractors’ asserted marks. 

227.7X01 Definitions. 

As used in this subpart— 

Asserted marks means all trademarks, 

service marks, collective marks, 

certification marks, or other marks used 

as indicators of origin or source, 

whether registered or not, that the 

offeror or contractor asserts that it owns 

or controls, that are associated with a 

specific contract or program, and that 

are included in the asserted marks-list 

made part of the contract. Such asserted 

marks may include but are not limited 

to the following: corporate names, trade 

names, logos, acronyms, slogans, 

insignia, seals, emblems, domain names, 

website addresses, and hashtags. 

Contract-specific designation means 

any Government designation included 

in the contract-specific designation list, 

where such Government designation 

identifies or is intended to identify or 

describe the following: 

(1) Goods, systems, materiel, or 

products developed, manufactured, or 

delivered in performance of the 

contract. 

(2) Services rendered in performance 

of the contract. 

(3) Program names, project names, or 

other organizational or requiring, 

sponsoring, or contracting activity 

names related to the contract. 

Government designations means— 

(1) Trademarks, service marks, 

collective marks, certification marks, or 

other marks used as indicators of origin 

or source, owned by, or controlled by 

the Government, whether registered or 

not; and 

(2) Other identifiers that the 

Government identified, selected, 

adopted, created, controlled, or 

managed, including but not limited to 

the following: mission design series 

designators, program names, weapon 

system names, popular names (e.g., as 

defined or discussed in DoD Instruction 

4120.15, Designating and Naming 

Military Aerospace Vehicles), materiel 

names, names of the Armed Forces of 

the United States (as defined in 10 

U.S.C. 101), logos, acronyms, insignia, 

seals, emblems, domain names, website 

addresses, and hashtags. 

227.7X02 General. 

(a) Trademark law requires trademark 

owners to exercise control over the use 

of their marks with respect to the nature 

and quality of relevant goods and 

services to maintain enforceability of 

the marks. Failure to include quality 

control provisions in a trademark 

license, or ‘‘naked licensing’’, can result 

in loss of trademark rights. 

(b) The clause at 252.227–70YY, 

Contractor Use of Government 

Designations, paragraph (b)(5), concerns 

the nature and quality of goods or 

services associated with a contractspecific designation, or the designation 

itself, to avoid naked licensing and 


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retain Government control over the use 

of contract-specific designations that are 

also trademarks. 

227.7X03 Procedures. 

(a) Planning for contract-specific 

designations. Before issuing a 

solicitation exceeding the simplified 

acquisition threshold that will involve 

use of one or more Government 

designations, the contracting officer 

shall obtain the Government’s 

preliminary contract-specific 

designation list from the requiring 

activity. See PGI 227.7X03(a). 

(b) Contract-specific designation list. 

The contracting officer shall include, in 

a solicitation that will involve use of 

one or more Government designations, a 

list of contract-specific designations 

relevant to the acquisition. The 

contracting officer shall attach the 

contract-specific designation list to any 

resulting contract. See PGI 227.7X03(b). 

(c) Asserted-marks list. The 

contracting officer shall attach to the 

resulting contract the asserted-marks list 

that the contractor submitted in 

response to the solicitation, as required 

by 252.227–70XX, Identification of 

Asserted Marks. See PGI 227.7X03(c). 

(d) Postaward updates to the assertedmarks list and contract-specific 

designation list. After award of the 

contract, based only on new information 

or inadvertent omission, the 

Government may update the contractspecific designation list, and the 

contractor may update the assertedmarks list, only by mutual agreement of 

the parties. The contracting officer shall 

incorporate the agreed-upon updated 

list(s) into the contract. 

227.7X04 Solicitation provision and 

contract clause. 

(a) Use the provision at 252.227– 

70XX, Identification of Asserted Marks, 

in solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, that contain the 

clause at 252.227–70YY. 

(b) Use the clause at 252.227–70YY, 

Contractor Use of Government 

Designations, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial 

products and commercial services, that 

are expected to exceed the simplified 

acquisition threshold and will involve 

use of one or more Government 

designations. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add sections 252.227–70XX and 

252.227–70YY to read as follows: 

252.227–70XX Identification of Asserted 

Marks. 

As prescribed in 227.7X04(a), use the 

following provision: 

Identification of Asserted Marks (Date) 

(a) Definitions. As used in this provision— 

Asserted marks, contract-specific 

designation, and Government designation 

have the meanings provided in the clause 

252.227–70YY, Contractor Use of 

Government Designations. 

(b) Submission of asserted-marks list. The 

Offeror shall include in its offer an assertedmarks list, complete at time of initial offer. 

The Offeror shall submit an updated 

asserted-marks list reflecting any additions or 

deletions in any proposal revisions. 

Submission of the asserted-marks list does 

not constitute the Government’s agreement to 

the Offeror’s assertions of rights to the 

asserted marks. 

(c) Format for asserted-marks list. The 

Offeror shall submit its asserted-marks list as 

an attachment to its offer in the following 

format, dated and signed by an official 

authorized to contractually obligate the 

Offeror: 

ASSERTED-MARKS LIST

[The Offeror asserts that it owns or controls the following marks associated with this solicitation] 

Asserted mark 1 Goods or services 2

Basis for assertion 

and jurisdiction(s) in 

which rights are 

claimed 3

Date of first use, if 

any 

List other related 

government contract 

or program, if any 

Is the asserted mark 

still in use? 

(LIST) ......................... (LIST) ........................ (LIST) ........................ (LIST) ........................ (LIST) ........................ (Yes/No). 

1For ‘‘Asserted Mark’’, list (or reference in an attachment) the designation in which the Offeror asserts rights. 

2For ‘‘Goods or Services’’, list the goods and/or services in connection with which the mark from the ‘‘Asserted Mark’’ column is used. Do not 

merely list classification numbers. 3 Indicate whether the Offeror owns a registration or has applied for registration of the mark listed in the ‘‘Asserted Mark’’ column. If so, include 

the registration or application number, including jurisdiction. This could include a Federal, State, or foreign registration, or a pending application. 

If the Offeror claims rights based on something other than registration or application (i.e., common law rights), indicate so and list the territory in 

which rights are claimed. 

Date llllllllllllllllll

Printed Name: llllllllllllll

Title: llllllllllllllllll

Signature: llllllllllllllll

[End of Asserted-Marks List] 

(End of provision) 

252.227–70YY Contractor Use of 

Government Designations. 

As prescribed in 227.7X04(b), use the 

following clause: 

Contractor Use of Government Designations 

(Date) 

(a) Definitions. As used in this clause— 

Asserted marks means all trademarks, 

service marks, collective marks, certification 

marks, or other marks used as indicators of 

origin or source, whether registered or not, 

that the offeror or contractor asserts that it 

owns or controls, that are associated with a 

specific contract or program, and that are 

included in the asserted-marks list made part 

of the contract. Such asserted marks may 

include but are not limited to the following: 

corporate names, trade names, logos, 

acronyms, slogans, insignia, seals, emblems, 

domain names, website addresses, and 

hashtags. 

Contract-specific designation means any 

Government designation included in the 

contract-specific designation list, where such 

Government designation identifies or is 

intended to identify or describe the 

following: 

(1) Goods, systems, materiel, or products 

developed, manufactured, or delivered in 

performance of this contract. 

(2) Services rendered in performance of 

this contract. 

(3) Program names, project names, or other 

organizational or requiring, sponsoring, or 

contracting activity names related to this 

contract. 

Government designation means— 

(1) Trademarks, service marks, collective 

marks, certification marks, or other marks 

used as indicators of origin or source, owned 

by, or controlled by the Government, whether 

registered or not; and 

(2) Other identifiers that the Government 

identified, selected, adopted, created, 

controlled, or managed, including but not 

limited to the following: mission design 

series designators, program names, weapon 

system names, popular names (e.g., as 

defined or discussed in DoD Instruction 

4120.15, Designating and Naming Military 

Aerospace Vehicles), materiel names, names 

of the Armed Forces of the United States (as 

defined in 10 U.S.C. 101), logos, acronyms, 


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insignia, seals, emblems, domain names, 

website addresses, and hashtags. 

(b) Contractor acknowledgement and 

agreement. The Contractor acknowledges and 

agrees that— 

(1) The Government has the right and 

authority to use, assert rights in, license, 

attempt to register, and preclude others, 

including the Contractor, from using any 

contract-specific designations, unless such 

designations are also on the asserted-marks 

list included in this contract; 

(2) This contract authorizes the Contractor 

to use any contract-specific designation 

solely to perform this contract except as 

stated in paragraph (b)(6) of this clause; 

(3) Authorization granted by this contract 

shall terminate at the earlier of— 

(i) The end of the period of performance of 

this contract; or 

(ii) Contract termination; 

(4) Contractor use of contract-specific 

designations, unless such designation is also 

on the asserted-marks list included in this 

contract, shall inure solely to the benefit of 

the Government, and the Government owns 

any goodwill related to the contract-specific 

designations; and 

(5) The Contractor shall comply with all— 

(i) Contract specifications, standards, and 

other contract requirements, regarding the 

nature and quality of the goods, services, or 

both, delivered or performed under the 

contract and associated with the contractspecific designation; and 

(ii) Requirements for use of the contractspecific designation, unless such designation 

is also on the asserted-marks list included in 

this contract. 

(6) Unless the designation is on the 

asserted-marks list included in this contract, 

the Contractor shall not take, or attempt to 

take, the following actions: 

(i) Develop or acquire any right, title, or 

interest independent of the Government in 

any contract-specific designation. 

(ii) Challenge any mark or assert any claim 

against the Government or its contractors and 

subcontractors, in any jurisdiction, based 

either on trademark or any other cause of 

action based on rights the Contractor believes 

it has in any contract-specific designation. 

(iii) Assert any ownership rights or any 

interest in, contest, dispute, challenge, 

oppose, or seek to cancel the Government’s 

right, title, or interest in any contract-specific 

designation. 

(iv) Seek royalties from the Government, or 

its contractors or their subcontractors, for use 

of any contract-specific designation. 

(v) Undertake any acts that will or may 

invalidate or jeopardize the Government’s 

rights in any contract-specific designation. 

(vi) Apply for or obtain, or assist any 

person in applying for or obtaining, any 

registration of any contract-specific 

designation. 

(vii) Use, combine, or alter a contractspecific designation in a manner that 

would— 

(A) Disparage the Government; 

(B) Reflect adversely on the Government; 

or 

(C) Weaken or damage any goodwill 

associated with any contract-specific 

designation. 

(viii) Extend its authorization to use any 

contract-specific designation to any third 

party, other than a subcontractor performing 

under this contract. 

(ix) Register domain names or other forms 

of any contract-specific designation, whether 

alone or as part of a domain name or other 

form of intellectual property owned or 

controlled by the Government. 

(x) Use a domain name or other form of 

intellectual property that is confusingly 

similar to any contract-specific designation. 

(xi) Use or incorporate any contractspecific designation in any manner 

unconnected with the contract, including 

marketing, outreach, or advertising, or as 

domain names, without prior written 

permission of the Contracting Officer. 

(xii) Cause or authorize any third party to 

take any of the foregoing actions. 

(c) Notification of infringement or 

unauthorized use. The Contractor shall 

promptly notify the Contracting Officer in 

writing if it becomes aware of a potential 

infringement, or any other use not authorized 

by the Government, of any contract-specific 

designation by a third party. The Contractor 

shall reasonably cooperate, upon request, 

with the Government in connection with any 

action defending the Government’s right to 

any contract-specific designation. The 

Contractor shall not attempt to enforce rights 

in any contract-specific designation, either 

for itself or on behalf of the Government, 

unless such designation is also on the 

asserted-marks list included in this contract. 

(d) Marks other than contract-specific 

designations and asserted marks. Nothing 

contained in this clause affects the 

Contractor’s or the Government’s right, title, 

and interest in any marks other than contractspecific designations and asserted marks. 

(e) Updates to asserted-mark list or 

contract-specific designation list. Based only 

on new information or inadvertent omission, 

the Contractor may request an update to the 

asserted-marks list by submitting a request to 

the Contracting Officer. The Government may 

update the contract-specific designation list, 

and the Contractor may update the assertedmarks list, only by mutual agreement of the 

parties. The same mark or designation may 

not be added to the contract-specific 

designation list and the asserted-marks list 

except by mutual agreement of the parties. 

(f) Subcontracts. The Contractor shall 

include this clause, including this paragraph 

(f), in subcontracts or similar contractual 

instruments, including subcontracts for 

commercial products and commercial 

services. 

(End of clause) 

[FR Doc. 2024–02744 Filed 2–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 


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