[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Pages 27782-27783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11870]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0090; Docket 2010-0083; Sequence 16]
Federal Acquisition Regulation; Submission for OMB Review; Rights
in Data and Copyrights
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for public comments regarding an extension to
an existing OMB clearance.
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35), the Regulatory Secretariat will be submitting
to the Office of Management and Budget (OMB) a request to review and
approve an extension of a previously approved information collection
requirement concerning rights in data and copyrights. A notice
published in the Federal Register at 75 FR 13764, on March 23, 2010. No
comments were received.
Public comments are particularly invited on: Whether this
collection of information is necessary for the proper performance of
functions of the FAR, and whether it will have practical utility;
whether our estimate of the public burden of this collection of
information is accurate, and based on valid assumptions and
methodology; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways in which we can minimize the
burden of the collection of information on those who are to respond,
through the use of appropriate technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before June 17, 2010.
ADDRESSES: Submit comments identified by Information Collection 9000-
0090 by any of the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
[[Page 27783]]
``Information Collection 9000-0090'' under the heading ``Enter Keyword
or ID'' and selecting ``Search''. Select the link ``Submit a Comment''
that corresponds with ``Information Collection 9000-0090''. Follow the
instructions provided at the ``Submit a Comment'' screen. Please
include your name, company name (if any), and ``Information Collection
9000-0090'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC
20405. ATTN: Hada Flowers/IC 9000-0090.
Instructions: Please submit comments only and cite Information
Collection 9000-0090, in all correspondence related to this collection.
All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, Contract Policy Branch, GSA (202) 501-3775 or email
[email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
Subpart 27.4, Rights in Data and Copyrights is a regulation which
concerns the rights of the Government and contractors with whom the
Government contracts, regarding the use, reproduction, and disclosure
of information developed under such contracts. The delineation of such
rights is necessary in order to protect the contractor's rights to not
disclose proprietary data and to insure that data developed with public
funds is available to the public.
The information collection burdens and recordkeeping requirements
included in this regulation fall into the following four categories:
(a) A provision which is to be included in solicitations where the
offeror would identify any proprietary data it would use during
contract performance in order that the contracting officer might
ascertain if such proprietary data should be delivered.
(b) Contract provisions which, in unusual circumstances, would be
included in a contract and require a contractor to deliver proprietary
data to the Government for use in evaluating work results, or is
software to be used in a Government computer. These situations would
arise only when the very nature of the contractor's work is comprised
of limited rights data or restricted computer software and if the
Government would need to see that data in order to determine the extent
of the work.
(c) A technical data certification for major systems, which
requires the contractor to certify that the data delivered under the
contract is complete, accurate and compliant with the requirements of
the contract. As this provision is for major systems only, and few
civilian agencies have such major systems, only about 30 contracts
should require this certification.
(d) The Additional Data Requirements clause, which is to be
included in all contracts for experimental, developmental, research, or
demonstration work (other than basic or applied research to be
performed solely by a university or college where the contract amount
will be $500,000 or less). The clause requires that the contractor keep
all data first produced in the performance of the contract for a period
of three years from the final acceptance of all items delivered under
the contract. Much of this data will be in the form of deliverables
provided to the Government under the contract (final report, drawings,
specifications, etc.). Some data, however, will be in the form of
computations, preliminary data, records of experiments, etc., and these
will be the data that will be required to be kept over and above the
deliverables. The purpose of such recordkeeping requirements is to
insure that the Government can fully evaluate the research in order to
ascertain future activities and to insure that the research was
completed and fully reported, as well as to give the public an
opportunity to assess the research results and secure any additional
information. All data covered by this clause is unlimited rights data
paid for by the Government.
Paragraph (d) of the Rights in Data--General clause (52.227.14)
outlines a procedure whereby a contracting officer can challenge
restrictive markings on data delivered. Under civilian agency
contracts, limited rights data or restricted computer software is
rarely, if ever, delivered to the Government. Therefore, there may
rarely be any challenges. Thus, there is no burden on the public.
B. Annual Reporting Burden
Respondents: 1,100.
Responses per Respondent: 1.
Annual Responses: 1,100.
Hours per Response: .95.
Total Burden Hours: 1,045.
C. Annual Recordkeeping Burden
The annual recordkeeping burden is estimated as follows:
Recordkeepers: 9,000.
Hours per Recordkeeper: 2.
Total Recordkeeping Burden Hours: 18,000.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB
Control No. 9000-0090, Rights in Data and Copyrights, in all
correspondence.
Dated: May 7, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010-11870 Filed 5-17-10; 8:45 am]
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