[Federal Register: July 30, 2003 (Volume 68, Number 146)]
[Notices]
[Page 44751-44752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy03-43]
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DEPARTMENT OF DEFENSE
[OMB Control Number 0704-0369]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Rights in Technical Data and Computer Software
AGENCY: 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 November 30, 2003. DoD proposes that OMB extend its
approval for use through November 30, 2006.
DATES: DoD will consider all comments received by September 29, 2003.
ADDRESSES: Respondents may submit comments directly on the World Wide
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an
alternative, respondents may e-mail comments to: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an
alternative, respondents may e-mail comments to: dfars@acq.osd.mil.
Please cite OMB Control Number 0704-0369 in the subject line of e-
mailed comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Mr. Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
0350. Please cite OMB Control Number 0704-0369.
At the end of the comment period, interested parties may view
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf
.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296.
The information collection requirements addressed in this notice are
available electronically via the Internet at: http://www.acq.osd.mil/dp/dars/dfars.html.
Paper copies are available from Mr. Euclides
Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
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.
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.
Annual Burden Hours: 1,235,970.
Number of Respondents: 54,925.
Responses Per Respondent: 26.
Annual Responses: 1,403,170.
Average Burden Per Response: .9 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.
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.
In accordance with 10 U.S.C. 2320(b)(7), a contractor that delivers
or makes technical data available to the Government must furnish
written assurance that the technical data is complete and accurate and
satisfies contract requirements. The clause at DFARS 252.227-7036,
Declaration of
[[Page 44752]]
Technical Data Conformity, implements this requirement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 03-19404 Filed 7-29-03; 8:45 am]
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