[Federal Register: October 4, 2006 (Volume 71, Number 192)]
[Notices]
[Page 58591-58592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc06-46]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[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 and request for comments regarding a proposed extension
of an approved information collection requirement.
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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the
proposed extension of a public information collection requirement and
seeks public comment on the provisions thereof. DoD invites comments
on: (a) Whether the proposed collection of information is necessary for
the proper performance of the functions of DoD, including whether the
information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology. The Office of
Management and Budget (OMB) has approved this information collection
for use through February 28, 2007. DoD proposes that OMB extend its
approval for use for 3 additional years.
DATES: DoD will consider all comments received by December 4, 2006.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0369, using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. Include OMB Control Number 0704-0369
in the subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, at (703) 602-0328.
The information collection requirements addressed in this notice are
available on the World Wide Web at: http://www.acq.osd.mil/dpap/dars/dfars/index.htm.
Paper copies are available from Ms. Amy Williams, OUSD
(AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC
20301-3062.
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.
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. 2320, Rights in technical data, and 10 U.S.C. 2321, 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 is complete and accurate
and satisfies contract requirements.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Number of Respondents: 54,925.
Responses Per Respondent: 9.6.
Annual Responses: 526,797.
Average Burden per Response: 2.9 hours.
Annual Response Burden Hours: 1,535,894 hours.
Annual Recordkeeping Burden Hours: 97,375 hours.
Total Annual Burden Hours: 1,633,269 hours.
Frequency: On occasion.
Summary of Information Collection
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 release or disclosure in accordance with 10 U.S.C. 2320:
252.227-7013, Rights in Technical Data-Noncommercial Items.
252.227-7014, Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation.
252.227-7017, Identification and Assertion of Use, Release, or
Disclosure Restrictions.
252.227-7018, Rights in Noncommercial Technical Data and Computer
Software--Small Business Innovation Research (SBIR) Program.
In accordance with 10 U.S.C. 2320(a)(2)(D), 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 release, disclose, or use the data. Therefore, the clause at
DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items,
requires the contractor to identify and mark data or software that it
provides with limited rights.
In accordance with 10 U.S.C. 2321(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 Restrictive Markings on Technical Data.
In accordance with 10 U.S.C. 2320, DoD must protect the rights of
contractors that have developed items, components, or processes 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 non-disclosure agreement when it
obtains data from the Government to which the Government has only
limited rights.
[[Page 58592]]
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.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E6-16420 Filed 10-3-06; 8:45 am]
BILLING CODE 6820-08-P