Notice2021-14004
Request for Information Related to IP Evaluation and Valuation Methods and Techniques
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2021
Issuing agencies
Defense Department
Abstract
The Secretary of Defense is soliciting information from the public (including, but not limited to, the private sector, academia, and other interested parties) related to Intellectual Property (IP) evaluation and valuation methods and techniques.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35076-35078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14004]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2021-OS-0055]
Request for Information Related to IP Evaluation and Valuation
Methods and Techniques
AGENCY: Office of the Deputy Assistant Secretary of Defense
(Acquisition Enablers), Department of Defense (DoD).
ACTION: Request for information.
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SUMMARY: The Secretary of Defense is soliciting information from the
public (including, but not limited to, the private sector, academia,
and other interested parties) related to Intellectual Property (IP)
evaluation and valuation methods and techniques.
DATES: The due date for submitting comments is August 2, 2021.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Mail: The DoD cannot receive written comments at this time due to
the COVID-19 pandemic. Comments should be sent electronically to the
docket listed above.
Instructions: All submissions received must include the agency
name, docket number and title for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
[[Page 35077]]
FOR FURTHER INFORMATION CONTACT: Mr. George Winborne, Communications,
Knowledge and Performance Management Lead, Intellectual Property Cadre,
Office of the USD (Acquisition & Sustainment), at 202-815-3995, or
email: <a href="/cdn-cgi/l/email-protection#c7a0a2a8b5a0a2e9a8e9b0aea9a5a8b5a9a2e9a4aeb187aaa6aeabe9aaaeab"><span class="__cf_email__" data-cfemail="accbc9c3decbc982c382dbc5c2cec3dec2c982cfc5daecc1cdc5c082c1c5c0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The DoD has been authorized to carry out a
Pilot Program on IP Evaluation for Acquisition Programs under Section
801 of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2020. To gain a better understanding of IP valuation and
evaluation strategies and recommendations, the Pilot Program seeks to
obtain the views of industry, academia, and the public.
Given the broad functional, technical, and operational
considerations of the DoD and the assessment scope spanning IP
evaluation and valuation methods and techniques, interested parties do
not need to respond to every category of information requested or
question and may choose to offer additional information pertinent to
the topic in the manner or format they prefer.
Interested parties may respond to questions pertinent to their
organization's technical focus, expertise, and evaluation and/or
valuation capabilities. Submitted responses are entirely voluntary, may
be unstructured, and should include only public information (e.g., do
not include proprietary, business sensitive, or other forms of
confidential information). Although not required, respondents are
encouraged to identify the industry, academic, or occupational sector
to which they belong.
The following guidance applies generally to all responses to
questions in topic areas (1) through (6) below.
A. Each response should consider and identify the extent to which
the response may be limited or otherwise affected by--
<bullet> The particular industry or academic sector;
<bullet> The particular technologies involved;
<bullet> The type of IP protections governing the technology;
<bullet> The particular type of contract or contracting vehicle
used;
<bullet> Whether your organization is responding as an IP/
technology purchaser, seller, or both; and;
<bullet> Whether your organization is a prime contractor,
subcontractor, or both.
B. Responses should include only public information (e.g., do not
include proprietary, business sensitive, or other forms of confidential
information). However, if applicable, the response may indicate that
additional responsive information may be available but is not being
provided because it is non-public and would be subject to
confidentiality restrictions. Preferably, in such cases the response
will provide information in a more abstract or generic form that may
still provide information responsive to the question, but would not
contain any detailed, non-public information.
(1) Assessment Mechanisms for Program IP Evaluation
a. What IP evaluation mechanisms and techniques used by your
organization, or your industry or academic sector in general, could be
adapted for use in DoD acquisition programs?
[squ] Please rank the IP evaluation mechanisms identified in your
answer above from the most beneficial to those that are less promising,
and provide any relevant examples and rationale for such ranking.
b. What commercially available IP valuation analysis and methods
used by your organization, or your industry or academic sector in
general, could be adapted for use in DoD acquisition programs?
[squ] Please rank the IP valuation analysis and methods identified
in your answer above from the most beneficial to those that are less
promising, and provide any relevant examples and rationale for such
ranking.
a. Please identify any other emerging, innovative, novel, or
otherwise ``outside of the box'' methods for IP valuation,
prioritization, and IP evaluation techniques not identified above (in
your responses to questions 1a. or 1b.) that could be adapted for use
in DoD acquisition programs.
b. Please identify acquisition planning and technology assessment
techniques used by your organization, or your industry or academic
sector in general, to analyze the use of a commercial product or
service or non-developmental item as an alternative to acquiring a
product or service that must be specifically developed for a particular
DoD acquisition program.
(2) Development of Cost-Effective IP Strategies
a. What does your organization, or your industry or academic sector
in general, consider best practices for utilizing IP valuation and
evaluation methods to develop cost-effective IP strategies?
b. What factors should DoD consider in developing IP strategies
that plan for uncertainties (e.g., design, requirement changes;
emergence of disruptive technologies; selection of particular vendors;
defining the sustainment strategy) associated with predicting
downstream events, and for identifying appropriate flexibility and
other potential options, when these uncertainties become more defined?
(3) Assessment and Management of IP Value and Costs
a. Given the specialized mechanisms governing IP acquisitions in
the national defense mission space, how can the DoD best identify,
assess, and validate the value of different kinds of IP across the
acquisition lifecycle?
(4) Cross-Functional Team of Subject Matter Experts
a. Does your organization, or your industry or academic sector in
general, utilize a designated group or team of subject matter experts
to identify and manage IP issues on behalf of the organization (e.g.,
an IP Management Team; or a cadre of cross-functional subject matter
experts analogous to that required for DoD at 10 U.S.C. 2322(b))?
b. If so, how is such team or group structured, and what functional
areas of subject matter expertise are represented (e.g., intellectual
property, law, engineering, contracting, program management, product
support and sustainment, financial analysis)?
(5) Engagement With the Private Sector
a. In conducting the Section 801 Pilot Program, how can the DoD
best engage the public (including but not limited to the private
sector, academia, and other interested parties) to support and inform
the development of IP strategies?
b. In general, what processes and procedures can the DoD implement
to enable its acquisition programs to better engage with interested
parties in identifying appropriate IP evaluation methods in the
development of IP strategies, preservation of program flexibility,
increases in cost-effectiveness, and improvements in sustainment
efforts?
(6) Future Activities
a. What specific topics and questions not discussed above should
the DoD consider including as part of future requests for information
related to this IP Pilot Program?
b. Please provide any additional comments or recommendations
regarding the Section 801 Pilot Program that were not included in your
answers above that may improve DoD's acquisition of IP.
c. Although this initial request for information is limited to
responses having only publicly available information, the DoD
recognizes that respondents may have non-public
[[Page 35078]]
information that would otherwise have been responsive to one or more
questions. Please indicate whether your organization possesses any such
non-public information (e.g., proprietary, business sensitive, or other
forms of confidential information) that your organization may be
willing to share with the DoD in support of this IP Pilot Program
effort in the future, provided that such information could be shared
subject to appropriate confidentiality protections. If so, please
identify the nature or type of confidentiality protections that would
be necessary to allow for such sharing (e.g., use and disclosure
authorized only for particular purposes or to particular categories of
organizations or individuals). As discussed, please note that your
participation is voluntary and that your responses may be unstructured.
Dated: June 25, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-14004 Filed 6-30-21; 8:45 am]
BILLING CODE 5001-06-P
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