Notice2022-25614
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software (OMB Control Number 0704-0369)
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
November 23, 2022
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
The Defense Acquisition Regulations System has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Notices]
[Pages 71588-71589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25614]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2022-0021]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Rights in Technical Data and Computer Software
(OMB Control Number 0704-0369)
AGENCY: Defense Acquisition Regulations System; Department of Defense
(DoD).
ACTION: Notice.
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SUMMARY: The Defense Acquisition Regulations System has submitted to
OMB for clearance the following proposal for collection of information
under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by December
23, 2022.
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.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Reporting Frequency: On occasion.
Type of Request: Extension of a currently approved collection.
Number of Respondents: 75,250.
Responses Per Respondent: 13, approximately.
Annual Responses: 959,602.
Average Burden per Response: 1 hour, approximately.
Annual Response Burden Hours: 904,574.
Annual Recordkeeping Burden Hours: 90,600.
Total Annual Burden Hours: 995,174.
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 are complete and
accurate and satisfy contract requirements.
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 use, 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 data with use, release, or disclosure restrictions, 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
exclusively 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 less than
unlimited rights. In addition, DFARS 227.7103-7, Use and non-disclosure
agreement, requires intended recipients
[[Page 71589]]
of technical data or computer software delivered to the Government with
restrictions on use, modification, reproduction, release, performance,
display, or disclosure, to sign the use and non-disclosure agreement at
227.7103-7(c) prior to release or disclosure of the data, unless the
recipient is a Government contractor that requires access to a third
parties data or software for the performance of a Government contract
that contains the clause at 252.227-7025, Limitations on Use or
Disclosure of Government-Furnished Information Marked with Restrictive
Legends. According to 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 use,
release, or disclose the data.
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.
Comments and recommendations on the proposed information collection
should be sent to Ms. Susan Minson, DoD Desk Officer, at
<a href="/cdn-cgi/l/email-protection#632c0a11023c1016010e0a10100a0c0d230c0e014d060c134d040c15"><span class="__cf_email__" data-cfemail="fbb492899aa4888e9996928888929495bb949699d59e948bd59c948d">[email protected]</span></a>. Please identify the proposed information
collection by DoD Desk Officer and the Docket ID number and title of
the information collection.
You may also submit comments, identified by docket number and
title, by the following method: Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of
the information collection proposal should be sent to Ms. Duncan at
<a href="/cdn-cgi/l/email-protection#9ee9f6edb0f3fdb3fff2fbe6b0fbedfab0f3fce6b0fafab3faf1fab3f7f0f8f1ecf3ffeaf7f1f0b3fdf1f2f2fbfdeaf7f1f0eddef3fff7f2b0f3f7f2"><span class="__cf_email__" data-cfemail="24534c570a4947094548415c0a4157400a49465c0a404009404b40094d4a424b564945504d4b4a09474b48484147504d4b4a576449454d480a494d48">[email protected]</span></a>.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2022-25614 Filed 11-22-22; 8:45 am]
BILLING CODE 5001-06-P
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