[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Page 23231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11038]


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DEPARTMENT OF DEFENSE


Notice and Request for Comments

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, the DoD announces the proposed extension of a 
public information collection requirement and seeks public comment on 
the provisions thereof. Comments are invited on: (a) whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information will have practical utility; (b) the accuracy of the 
agency's 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 through the use of 
automated collection techniques or other forms of information 
technology. This information collection requirement is currently 
approved by the Office of Management and Budget (OMB) for use through 
September 30, 1997. DoD proposes that OMB extend its approval for use 
through September 30, 2000.

DATES: Consideration will be given to all comments received by June 30, 
1997.

ADDRESSES: Written comments and recommendations on the proposed 
information collection requirement should be sent to: Defense 
Acquisition Regulations Council, Attn: Mr. Michael Pelkey, PDUSD (AT&T) 
DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. 
Telefax (703) 602-0350. Please cite OMB Control Number 0704-0369 in all 
correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Pelkey, at (703) 602-0131. 
A copy of this information collection requirement is available 
electronically via the Internet at: http://www.dtic.mil/dfars/.
    Paper copies may be obtained from Mr. Michael Pelkey, PDUSD (A&T) 
DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.
    Title, Associated Form, and OMB Number: Defense Federal Acquisition 
Regulation Supplement (DFARS) Subpart 227.71, Rights in Technical Data, 
Subpart 227.72, Rights in Computer Software and Computer Software 
Documentation, and associated DFARS clauses and provisions in DFARS 
Subpart 252.2; no form is used for this information collection; OMB 
Number 0704-0369.
    Needs and Uses: This requirement provides for the collection of 
necessary information from contractors and subcontractors regarding 
restrictions on the Government's right to use or disclose technical 
data and computer software. The information is used to identify and 
protect such data or computer software from unauthorized release or 
disclosure; to facilitate public use of technical data and computer 
software developed at Government expense; and to enable contracting 
officers to determine whether the Government has otherwise paid to 
obtain rights in the technical data or computer software.
    Affected Public: Businesses or other for-profit, not-for-profit 
institutions, and small businesses or organizations.
    Annual Burden Hours: 5,566,939.
    Number of Responses: 10,560,868.
    Responses per Respondent: 1.
    Average Burden per Response: 32 minutes.
    Frequency: On occasion.

SUPPLEMENTARY INFORMATION:

Summary of Information Collection

    Title 10, U.S.C. Chapter 137 requires that the Department of 
Defense recognize and protect contractor rights in technical data and 
computer software developed with private funds. The clauses at DFARS 
252.227-7013, 252.227-7014, 252.227-7017, and 252.227-7018 require 
identification and marking of such data or software to specify the 
Government's rights therein and to prevent its unauthorized disclosure 
or release.
    DFARS 252.227-7013 and 252.227-7018 require that, prior to 
receiving Government-furnished technical data in which the Government 
does not have unlimited rights, the recipient of such data execute a 
``Use and Disclosure Agreement.'' DFARS 252.227-7014 contains a similar 
requirement regarding release of computer software.
    DFARS 252.227-7036 requires contractors to furnish written 
assurance, at the time technical data is delivered or made available 
under the terms of a contract, that the technical data is complete and 
accurate and satisfies the applicable contract requirement.
    DFARS 252.227-7019 and 252.227-7037 require contractors and 
subcontractors to maintain adequate records to justify any asserted 
restrictions on the Government's rights to use or release technical 
data or computer software, and to be prepared to furnish a 
justification of the asserted restrictions upon Government challenge 
thereof.
    DFARS 252.227-7025 requires contractors and subcontractors at any 
tier to obtain data a ``Use and Disclosure Agreement'' from any 
subcontractor or supplier prior to releasing or disclosing to such 
persons any Government-furnished information marked with a restrictive 
legend.
    DFARS 252.227-7028 requires offerors to identify any technical data 
or computer software that the offeror has previously delivered, or is 
obligated to deliver, under any Federal agency contract.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
[FR Doc. 97-11038 Filed 4-28-97; 8:45 am]
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