[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Rules and Regulations]
[Pages 51188-51189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17422]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 207 and 227
RIN 0750-AF70
Defense Federal Acquisition Regulation Supplement; Technical Data
Rights (DFARS Case 2006-D055)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 802(a)
of the National Defense Authorization Act for Fiscal Year 2007. Section
802(a) contains requirements for DoD to assess long-term technical data
needs when acquiring major weapon systems and subsystems.
DATES: Effective date: September 6, 2007.
Comment date: Comments on the interim rule should be submitted to
the address shown below on or before November 5, 2007, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D055,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: [email protected]. Include DFARS Case 2006-D055 in the
subject line of the message.
[cir] Fax: (703) 602-7887.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DARS), IMD 3D139, 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, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
Section 802(a) of the National Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109-364) requires that DoD program managers for
major weapon systems, and subsystems of major weapon systems, assess
the long-term technical data needs of such systems and subsystems and
establish corresponding acquisition strategies that provide for
technical data rights needed to sustain such systems and subsystems
over their life cycle. This interim rule amends DFARS Parts 207 and 227
to implement Section 802(a) of Public Law 109-364. Although the law
does not address requirements for computer software, it is long-
standing DoD policy to apply the same or similar requirements to both
technical data and computer software, since many issues are common to
both. Therefore, this interim DFARS rule applies to both technical data
and computer software.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule 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 rule
pertains to acquisition planning that is performed by the Government.
Therefore, DoD has not performed an initial regulatory flexibility
analysis. DoD invites comments from small businesses and other
interested parties. DoD also will consider comments from small entities
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610.
Such comments should be submitted separately and should cite DFARS Case
2006-D055.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 802(a) of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section
802(a) requires DoD to revise regulations to incorporate requirements
for program managers to assess the long-term technical data needs of
major weapon systems and subsystems, and to establish corresponding
acquisition strategies that provide for technical data rights needed to
sustain such systems and subsystems over their life cycle. Comments
received in response to this interim rule will be considered in the
formation of the final rule.
List of Subjects in 48 CFR Parts 207 and 227
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 207 and 227 are amended as follows:
0
1. The authority citation for 48 CFR parts 207 and 227 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 207--ACQUISITION PLANNING
0
2. Section 207.106 is amended by adding paragraph (S-70) to read as
follows:
207.106 Additional requirements for major systems.
* * * * *
(S-70)(1) In accordance with Section 802(a) of the National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and DoD policy
requirements, acquisition plans for major weapon systems and subsystems
of major weapon systems shall--
(i) Assess the long-term technical data and computer software needs
of those systems and subsystems; and
(ii) Establish acquisition strategies that provide for the
technical data deliverables and associated license rights needed to
sustain those systems and subsystems over their life cycle. The
strategy may include--
(A) The development of maintenance capabilities within DoD; or
(B) Competition for contracts for sustainment of the systems or
subsystems.
[[Page 51189]]
(2) Assessments and corresponding acquisition strategies developed
under this section shall--
(i) Be developed before issuance of a solicitation for the weapon
system or subsystem;
(ii) Address the merits of including a priced contract option for
the future delivery of technical data and computer software, and
associated license rights, that were not acquired upon initial contract
award;
(iii) Address the potential for changes in the sustainment plan
over the life cycle of the weapon system or subsystem; and
(iv) Apply to weapon systems and subsystems that are to be
supported by performance-based logistics arrangements as well as to
weapon systems and subsystems that are to be supported by other
sustainment approaches.
PART 227--PATENTS, DATA, AND COPYRIGHTS
0
3. Section 227.7103-1 is amended by adding paragraph (f) to read as
follows:
227.7103-1 Policy.
* * * * *
(f) For acquisitions involving major weapon systems or subsystems
of major weapon systems, the acquisition plan shall address acquisition
strategies that provide for technical data and the associated license
rights in accordance with 207.106(S-70).
0
4. Section 227.7203-1 is amended by adding paragraph (e) to read as
follows:
227.7203-1 Policy.
* * * * *
(e) For acquisitions involving major weapon systems or subsystems
of major weapon systems, the acquisition plan shall address acquisition
strategies that provide for computer software and computer software
documentation, and the associated license rights, in accordance with
207.106(S-70).
[FR Doc. E7-17422 Filed 9-5-07; 8:45 am]
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